Tuazon Law, APC

Tuazon Law, APC Simple Answers to Complex Issues

The offense of attempted lewdness with a child under the age of 14, in violation of Nevada Revised Statutes §§193.330 an...
06/29/2024

The offense of attempted lewdness with a child under the age of 14, in violation of Nevada Revised Statutes §§193.330 and 201.230(2), constitutes an attempted sexual abuse of a minor aggravated felony, which renders an alien removable and subject to deportation to her mother country.

Perez v. Garland - filed June 28, 2024
Cite as 2024 S.O.S. 23-204

The Mandatory Repatriation Tax, which attributes the realized and undistributed income of an American-controlled foreign...
06/21/2024

The Mandatory Repatriation Tax, which attributes the realized and undistributed income of an American-controlled foreign corporation to the entity’s American shareholders, and then taxes the American shareholders on their portions of that income, does not exceed Congress’s constitutional authority.

Moore v. U.S. - filed June 20, 2024
Cite as 2024 S.O.S. 22-800

It started what I thought would be a simple unlawful detainer action. Successfully challenged a Motion of Judgment on th...
06/16/2024

It started what I thought would be a simple unlawful detainer action. Successfully challenged a Motion of Judgment on the Pleadings (MJOP); won the trial; opposed defendant’s objections to proposed statement of decision; and objected to ex parte motion for stay of ex*****on of judgment pending appeal. And now it looks like I am heading to the appeals court to face an inquisition from a litigant unhappy with the court’s decision.

An individual is capable of recognizing his or her handwritten signature, and if that individual does not deny a handwri...
06/12/2024

An individual is capable of recognizing his or her handwritten signature, and if that individual does not deny a handwritten signature is his or her own, that person’s failure to remember signing the document does not create a factual dispute about the signature’s authenticity.

Ramirez v. Golden Queen Mining - filed May 15, 2024, publication ordered June 11, 2024, Fifth District
Cite as 2024 S.O.S. 1856

It’s humiliating to see comments in social media making fun of Ms. Bulacan winning the title because of her color. I lef...
05/23/2024

It’s humiliating to see comments in social media making fun of Ms. Bulacan winning the title because of her color. I left Philippines when I was 19 and returned back to witness the same implicit bias that have been the effect of “colonized mentality” marked by a sense of inferiority and a desire to be more like the colonizers. Let’s unpack the invisible knapsack folks. Light or dark colored skin, short or tall, rich or poor - everyone should learn to start “messaging” to love, rather than to hate; to unite, rather than to divide; and embrace diversity with no biases and stereotypes. Perhaps “re-priming” may change our subconscious primed biases through education, but maybe not.

A plaintiff’s claims against a hotel for her injuries from a broken shower wand failed as a matter of law where she fail...
04/04/2024

A plaintiff’s claims against a hotel for her injuries from a broken shower wand failed as a matter of law where she failed to prove her allegations that a housekeeper had broken the shower wand. Failure to provide such evidence, knowledge of the unsafe condition of the shower wand could not be imputed to the hotel. Also, plaintiff could not avail herself of the doctrine of res ipsa loquitur since she did not show the nature of the accident was of a kind that ordinarily does not occur absent someone’s negligence, or that her own conduct did not contribute to her injury.

Howard v. Accor Management US - filed March 13, 2024, publication ordered April 3, 2024, Second District, Div. Eight
Cite as 2024 S.O.S. 1244

Such a privilege and honor to receive a National Media Award, along with other TV and movie personalities, given by Trin...
02/24/2024

Such a privilege and honor to receive a National Media Award, along with other TV and movie personalities, given by Trinity University of Asia (TUA) this month in Quezon City, Philippines. I was also one of the judges for Mr. & Ms. TUA 2024, a dynamic college event full of amusement and exhilaration.




A party did not forfeit or waive his rights as an assignee by failing to assert those rights in a Probate Code §11700 pr...
01/04/2024

A party did not forfeit or waive his rights as an assignee by failing to assert those rights in a Probate Code §11700 proceeding, where his rights as an assignee were not raised or litigated, or by failing to file a statement of interest.

Estate of Flores - filed Jan. 2, 2024, Second District, Div. Three
Cite as 2023 S.O.S. 91

A bankruptcy trustee’s abandonment of an asset that was originally deemed to be a part of a bankruptcy estate does not r...
10/20/2023

A bankruptcy trustee’s abandonment of an asset that was originally deemed to be a part of a bankruptcy estate does not relieve the trustee of liability for injuries caused by a dangerous condition of estate property that occurred prior to the effectuation of an abandonment.

Martin v. Gladstone - filed Oct. 19, 2023, Fourth District, Div. One
Cite as 2023 S.O.S. 3823

Only the right to possession is in issue in a summary unlawful detainer action. Civil Code §1952.3(a)(2) permits a tenan...
10/20/2023

Only the right to possession is in issue in a summary unlawful detainer action. Civil Code §1952.3(a)(2) permits a tenant who has given up possession to seek any affirmative relief she is otherwise entitled to that was not otherwise available in an unlawful detainer action.

Duncan v. Kihagi - filed Oct. 19, 2023, First District, Div. One
Cite as 2023 S.O.S. 3820

Where the arbitrator’s credibility finding rested on unacceptable misconceptions about English proficiency and language ...
10/19/2023

Where the arbitrator’s credibility finding rested on unacceptable misconceptions about English proficiency and language acquisition, these misconceptions give rise to a reasonable impression of possible bias on the part of the arbitrator requiring reversal of the judgment and vacating the arbitration award.

FCM Investments v. Grove Pham - filed Oct. 17, 2023, Fourth District, Div. One
Cite as 2023 S.O.S. 3807

Probate Code §6454 does not operate to foreclose other available statutory methods for a stepchild to establish a right ...
10/19/2023

Probate Code §6454 does not operate to foreclose other available statutory methods for a stepchild to establish a right to intestate succession; since §6453(a) defines natural parentage for purposes of intestate succession to include presumed parentage that is not rebutted under the Uniform Parentage Act. A stepchild may establish a right to intestate succession under Family Code §7611(d) which creates a presumption of natural parentage if [t]he presumed parent receives the child into their home and openly holds out the child as their natural child.

Estate of Martino - filed Oct. 18, 2023, Fourth District, Div. One
Cite as 2023 S.O.S. 3801

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