James Z. Davis

Judge

Male

Born 1943

Age 70

Judge James Z. Davis is a judge on the Utah Court of Appeals

Timeline

Learn about the memorable moments in the evolution of James Z. Davis.

CHILDHOOD

1943 Birth Born in 1943.

TWENTIES

1968 25 Years Old He received his law degree from the University of Utah College of Law in 1968.

1970 27 Years Old After graduation he served in the Army military intelligence for two years, ending in 1970. … Read More

Davis toured as a Combat Intelligence Analyst in Vietnam.

From 1971-1977 Davis was in private practice, practicing in Ogden, Utah. Read Less

THIRTIES

1973 30 Years Old In 1973 he became the Deputy Weber County Attorney and Weber County Police Legal Adviser.

1977 34 Years Old In 1977 he joined the Ogden law firm Thatcher, Glasmann, and Davis where he practiced until 1982. … Read More

James Z. Davis then joined the Salt Lake City based firm of Ray, Quinney and Nebeker where he worked as a shareholder and director until his appointment to the bench. As a lawyer, Davis concentrated his practice in Commercial Real Estate, Bankruptcy and Banking. Read Less

FORTIES

1991 48 Years Old Davis was elected President of the Utah State Bar in 1991. … Read More

Judge Davis was appointed to the Utah Court of Appeals in 1993 by Governor Michael O. Leavitt. Read Less

FIFTIES

1999 56 Years Old He served a two-year term as presiding judge in January 1999 and is currently serving as presiding judge. Judge Davis was certified by the Utah Judicial Council to stand for retention in 2008 and was successfully retained in office by the Utah voters for the third time. … Read More

On January 14, 2009, a highway patrolman out looking for drug activity observed a Lincoln Town Car with Texas license plates, driven by Duhaime, traveling eastbound on Interstate 80 in Summit County. The patrolman ran a check on the car’s license plate number and discovered that it was a rental car. The patrolman claimed that the rear license plate light was not working. He also observed the driver make what the patrolman claimed to be an illegal lane change. At approximately 11:06 p.m., on the pretext of the foregoing violations, the patrolman pulled the car over. The encounter with Duhaime and his wife (Wife) was recorded by a camera in the patrolman’s vehicle.

The patrolman began to question Duhaime about travel plans and concluded that the drivers answers were inconsistent and nervously spoken. After returning to his car the patrolman called another patrolman and ordered him to bring a dog to sniff the car for drugs. Duhaime and his wife were retained at the sight until the dog came. When the dog arrived, it alerted on the trunk of the car, where the officers subsequently found seventy-six one-pound vacuum-sealed bags of marijuana. Duhaime was arrested and charged with possession of a controlled substance with intent to distribute, a third degree felony. Read Less

LATE ADULTHOOD

2006 63 Years Old …

In rendering its decision, the district court ruled that “the premise underlying each of CPA’s causes of action is an assertion that Defendants lost the right to initiate foreclosure proceedings on the property when the Note was ‘securitized.’” The district court then characterized this underlying principle as a “mere conclusory allegation,” and found that “the express terms of the Trust Deed unassailably provide that MERS has the right to foreclose upon the Property, even if Lender sold the Note.” CPA moved to reconsider on the ground that the conversion of the motion to dismiss into a motion for summary judgment was improper. The district court denied CPA’s motion to reconsider. CPA now appeals from the final summary judgment order, arguing again that the district court’s conversion of the motion to dismiss into a motion for summary judgment was improper. CPA requests that we reverse and remand with instructions for the district court to deny MERS and Citi’s motion to dismiss based on its assertion that its “underlying principle”‐‐that securitization stripped MERS and Citi of the right to initiate foreclosure proceedings on the Eagle Mountain property‐‐is a factual statement.

Judge Davis offered the opinion of the court:

CPA’s “underlying principle” that securitization nullified MERS’s and Citi’s rights as expressly set forth in the Deed of Trust is an incorrect legal assertion. Thus, even if the district court had not converted Defendants’ motion to dismiss into a motion for summary judgment, its ruling on the motion to dismiss would have produced the same result‐‐a dismissal of CPA’s case. In other words, any presumed error in converting the motion was harmless. Therefore, we affirm the district court’s order dismissing CPA’s complaint. 5

On April 3, 2006, Bud Bailey obtained a judgement against Construction Associates, Inc., in the amount of $46,919.79. Read Less

On November 1, 2006, Bud Bailey served a writ of garnishment on an administrative assistant at the Bank. … Read More

The writ was accompanied by interrogatories that provided space for the Bank’s responses. The Bank’s answers, which were filed with the court indicated that the Bank held $17,901.94 in Construction Associates’ checking account. One of the interrogatories stated, “You man deduct from the amount to be withheld money owed to you by the defendant or the plaintiff, if the amount is not disputed. If you make this deduction, state the amount deducted and the name of the person indebted to you.” The space for the Bank’s answer to this question was left blank.

According to the rule 64D of the Utah Rules of Civil Procedures the court’s instructions in the writ of garnishment, the Bank was responsible to deliver the funds to Bud Bailey if it did not receive a request for hearing from Construction Associates within twenty days. Read Less

2007 64 Years Old 1 More Event

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When Bud Bailey had not received the funds by January 25, 2007, the trial court issued a Garnishee Order to Show Cause in re Contempt for the Bank’s failure to comply with the writ. … Read More

The Bank’s counsel later informed Bud Bailey and the trial court that the Bank had placed a lien on the funds and that it would thereafter provide the court with a “proper response to the garnishment.” On the day of the hearing on the order of show cause, the Bank filed its Response to the Garnishment and Order to show cause in re Contempt, claiming a right to offset the funds to satisfy over $300,000 in outstanding loans made by the Bank to Construction Associates and providing documents evidencing its security interest in the checking account. The court continued the hearing to April 2, 2007. Bud Bailey subsequently discovered that Construction Associates had deposited additional funds into its checking account after the writ of garnishment was issued and that the Bank had permitted Construction Associates to draw on those funds. Read Less

In an order issued May 9, 2007, the trial court found that the Bank was no in compliance with the garnishment statute and that it failed to provide any notice of an offset of right to offset within the required time period. … Read More

The court further found that the Bank violated an order of the court contained in the writ by allowing checks drawn on funds deposited after the writ of garnishment was issued to clear rather than using them to pay the garnishment. As a result, the trial court ordered the Bank to pay the entire sum remaining on the garnishment, $38,769.71, as well as Bud Bailey’s attorney fees.

The bank appealed, conceding that it had erred by failing to claim the offset in its response to the interrogatories but arguing that the writ of garnishment did not apply to the after-deposited funds. This court agreed, holding that “the Writ of Garnishment only had effect with regard to the funds that were held by the Bank at the time the Write was served. However, we remanded with instructions for the trial court to make “a determination for what amount, if any, Bank should be required to pay solely for its failure to answer adequately the interrogatory served with the Writ.” Read Less

2008 65 Years Old 1 More Event

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In September 2008, Watkins accepted a job with his niece’s husband (Father). … Read More

Watkins temporarily moved in with his niece (Stepmother) and Father until he could afford to get a place of his own. Three of the Father and Stepmother’s children lived with them during the time Watkins stayed at their home. Additionally, the Father’s ten-year-old child from a previous relationship (Child) visited the Father and Stepmother “regularly” while Watkins was living with them. Read Less

Three years prior, Watkins had lost his son and stepdaughter in a tragic accident. Following the accident, his marriage suffered and he and his wife were eventually divorced. On approximately October 15, 2008, Watkins’s ex-wife remarried. … Read More

That same day, the Child stayed at the Father’s home overnight. Upset about his ex-wife’s remarriage, Watkins drank a significant amount of alcohol while the other three children were all sleeping in her room. After the Child had fallen asleep she woke up to find Watkins in bed with her kissing her on the side of her head. She asked him to stop and to leave, but then he began “pinching” or “rubbing” her buttocks with his hand. Child also testified at trial and in her interview that he “spanker her butt.” Watkins finally left after Child told him to leave a second time, but he then returned and gave her a $100 bill, telling her not to tell anyone about the money.

Following the incident the Child no longer wished to visit the Father’s home while Watkins was there and after a couple weeks the Stepmother asked what was wrong. The Child disclosed the details of the incident to her mother, Stepmother, and Father. The incident was reported and Watkins was arrested. Read Less

Original Authors of this text are noted on http://en.wikipedia.org/wiki/James_Z._Davis.
Text is made available under the Creative Commons Attribution-ShareAlike License.

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