Category Archives: General

Judgment of Unlawful Detainer Affirmed

Unlawful detainer statute does not address title, only immediate possession as against unlawful occupants, foreclosed mortgagees, and holdover employees or tenants. Respondent established that appellants were tenants, by proving that respondent let appellants occupy property in exchange for appellants’ services, … Continue reading

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Objections Are a Strategic Choice

“There are countless ways to provide effective assistance in any given case.” Among those ways are the strategic choices of objecting or not objecting to the State’s questioning. When defendant is doing well under questioning, an objection may undercut the … Continue reading

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Ouster from LLC Results in Damages

Statutes governing a limited liability company set forth the rights of an expelled member, which no provision in the parties’ operating agreement altered only by adding specified payments. But nothing showed that those payments were in lieu of rights under … Continue reading

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Verified Petition Does Not Establish Material Fact

Adverse possession is difficult to prove by summary judgment because the parties’ intentions are so great a part of that theory. The element of actual possession includes actual control and the intent to exclude all other persons. Conclusory assertions do … Continue reading

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Plea Offer Not Confidential

A plea offer is not a confidential or privileged communication, so plea counsel violated no rule of professional conduct in contacting movant’s parents for their help in persuading movant to take the plea offer. The motion alleges that movant would … Continue reading

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Sunshine Law Request Must Designate Custodian

In an action against a public governmental body for penalties under the Sunshine Law, the elements include receipt of the request by the body’s custodian of records. For the prosecuting attorney’s office, statute provides that the prosecuting attorney or a … Continue reading

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Camron Hoorfar named as a 2020 and 2021 Missouri and Kansas SuperLawyer Rising Star

For the ninth year in a row, attorney and owner Camron Hoorfar has been named as a Missouri and Kansas Rising Star by SuperLawyers. Camron Hoorfar is featured in the SuperLawyers magazine for Missouri and Kansas in the 2020 and 2021 … Continue reading

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No Discovery of Attorney Work Product

A statute provides that medical records are discoverable by the State Board of Registration for the Healing Arts in litigation before the Administrative Hearing Commission without regard to any privilege. That statute is within HIPAA, prevails over the physician’s duty … Continue reading

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Cause for Quitting Unrelated to Work

Statutes bar benefits to claimant who quits work without good cause, which includes a medical condition, but only if related to work. Claimant ceased to return contacts from employer, though employer held claimant’s job for claimant, which constituted quitting. Claimant’s … Continue reading

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No Stay for Arbitration Without a Motion to Compel Arbitration

Missouri statutes and United States statutes allow an interlocutory appeal from circuit court’s denial of a motion to compel arbitration. But no such order exists, because appellants sought none; appellants sought only an abeyance of circuit court action pending litigation … Continue reading

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