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Los Angeles County Bar Association • daily ebriefs • Thursday, January 31, 2013
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D A I L Y C A S E L A W S U M M A R I E S
The following caselaw summaries are provided as a courtesy to Los Angeles County Bar Association members by the Metropolitan News-Enterprise http://www.metnews.com. Summaries from the past 90 days are archived and searchable on the LACBA Web site at http://www.lacba.org/dailyebriefs.
NINTH U.S. CIRCUIT COURT OF APPEALS
-Criminal Law and Procedure-
Under Dixon v. United States, defendant bore the burden of proof of a public authority defense. However, failing to instruct the jury on the burden of proof for the public authority defense was not plain error, nor did not the trial court err in prohibiting the defendant from arguing that the government needed to disprove public authority beyond a reasonable doubt. Trial court abused its discretion in denying two discovery requests as overbroad and immaterial. Where the record was unclear as to what would have been produced if those requests had been granted and what effect the production would have had on the outcome of the trial, the case had to be remanded for further discovery.
United States v. Doe - filed January 31, 2013
Cite as 11-10067
Full text http://www.metnews.com/sos.cgi?0213//11-10067
Under Dixon v. United States, defendant bore the burden of proof of a public authority defense. However, failing to instruct the jury on the burden of proof for the public authority defense was not plain error, nor did not the trial court err in prohibiting the defendant from arguing that the government needed to disprove public authority beyond a reasonable doubt. Trial court abused its discretion in denying two discovery requests as overbroad and immaterial. Where the record was unclear as to what would have been produced if those requests had been granted and what effect the production would have had on the outcome of the trial, the case had to be remanded for further discovery.
United States v. Doe - filed January 31, 2013
Cite as 11-10067
Full text http://www.metnews.com/sos.cgi?0213//11-10067
-Government Law-
As of April-May 2002, the law was not clearly established as to whether placing a prisoner on a contraband watch in which the prisoner was kept in a constantly lighted cell with no mattress violated the prisoner’s Eighth Amendment right, or whether such conditions violated the prisoner’s liberty interest under the Due Process Clause of the Fourteenth Amendment or a state-created liberty interest. Prison officials were entitled to qualified immunity in connection with such confinement.
Chappell v. Mandeville - filed January 31, 2013
Cite as 09-16251
Full text http://www.metnews.com/sos.cgi?0213//09-16251
As of April-May 2002, the law was not clearly established as to whether placing a prisoner on a contraband watch in which the prisoner was kept in a constantly lighted cell with no mattress violated the prisoner’s Eighth Amendment right, or whether such conditions violated the prisoner’s liberty interest under the Due Process Clause of the Fourteenth Amendment or a state-created liberty interest. Prison officials were entitled to qualified immunity in connection with such confinement.
Chappell v. Mandeville - filed January 31, 2013
Cite as 09-16251
Full text http://www.metnews.com/sos.cgi?0213//09-16251
CALIFORNIA COURT OF APPEAL
-Business and Corporations Law-
The supply management program and milk quota system under which benefits were created for some members of a dairy cooperative to the detriment of other members was not equitable and uniform, and therefore was outside the scope of discretionary authority granted by the contract between the cooperative and its members.
Scheenstra v. California Dairies, Inc. - filed January 30, 2013, Fifth District
Cite as F062768
Full text http://www.metnews.com/sos.cgi?0213//F062768
The supply management program and milk quota system under which benefits were created for some members of a dairy cooperative to the detriment of other members was not equitable and uniform, and therefore was outside the scope of discretionary authority granted by the contract between the cooperative and its members.
Scheenstra v. California Dairies, Inc. - filed January 30, 2013, Fifth District
Cite as F062768
Full text http://www.metnews.com/sos.cgi?0213//F062768
-Civil Procedure-
County was immune from liability for violation of the prudent investor standards based on county’s discretionary investment in notes issued by now-bankrupt Lehman Brothers Holdings. Complaint lacked any proper allegation of breach of contract, because the nature of the right sued upon was not for breach of a promise but rather for acts or omissions that constitute violations of independent noncontractual duties. Sustaining of demurrer without leave to amend was proper where there was no reasonable possibility the defects in the complaint could be cured by further amendment of plaintiffs’ pleading.
San Mateo Union High School District v. County of San Mateo - filed January 31, 2013, First District, Div. One
Cite as A134543
Full text http://www.metnews.com/sos.cgi?0213//A134543
County was immune from liability for violation of the prudent investor standards based on county’s discretionary investment in notes issued by now-bankrupt Lehman Brothers Holdings. Complaint lacked any proper allegation of breach of contract, because the nature of the right sued upon was not for breach of a promise but rather for acts or omissions that constitute violations of independent noncontractual duties. Sustaining of demurrer without leave to amend was proper where there was no reasonable possibility the defects in the complaint could be cured by further amendment of plaintiffs’ pleading.
San Mateo Union High School District v. County of San Mateo - filed January 31, 2013, First District, Div. One
Cite as A134543
Full text http://www.metnews.com/sos.cgi?0213//A134543
-Criminal Law and Procedure-
Defendant, as a convicted aider and abettor of attempted murder under the natural and probable consequences doctrine, is a "principal" for purposes of the 25-year-to-life gang firearm enhancement.
People v. Lisea - filed January 31, 2013, Third District
Cite as C067767
Full text http://www.metnews.com/sos.cgi?0213//C067767
Defendant, as a convicted aider and abettor of attempted murder under the natural and probable consequences doctrine, is a "principal" for purposes of the 25-year-to-life gang firearm enhancement.
People v. Lisea - filed January 31, 2013, Third District
Cite as C067767
Full text http://www.metnews.com/sos.cgi?0213//C067767
-Criminal Law and Procedure-
Trial court abused its discretion in denying surety’s motion to vacate forfeiture and exonerate bond, where the court had materially increased the risk on the bond by allowing defendant to leave the country without the surety’s knowledge or consent.
People v. Western Insurance Company - filed January 30, 2013, Second District, Div. Four
Cite as B239848
Full text http://www.metnews.com/sos.cgi?0213//B239848
Trial court abused its discretion in denying surety’s motion to vacate forfeiture and exonerate bond, where the court had materially increased the risk on the bond by allowing defendant to leave the country without the surety’s knowledge or consent.
People v. Western Insurance Company - filed January 30, 2013, Second District, Div. Four
Cite as B239848
Full text http://www.metnews.com/sos.cgi?0213//B239848
-Family Law-
Court erred in removing minor child from mother’s custody based on the fact that she was incarcerated, where the child’s grandmothers were suitable caretakers and both were willing to take the child.
In re Noe F. - filed January 16, 2013, publication ordered January 30, 2013, Second District, Div. One
Cite as B238278
Full text http://www.metnews.com/sos.cgi?0213//B238278
Court erred in removing minor child from mother’s custody based on the fact that she was incarcerated, where the child’s grandmothers were suitable caretakers and both were willing to take the child.
In re Noe F. - filed January 16, 2013, publication ordered January 30, 2013, Second District, Div. One
Cite as B238278
Full text http://www.metnews.com/sos.cgi?0213//B238278
-Family Law-
A "family law attorney's real property lien" recorded pursuant to Family Code Secs. 2033 and 2034 is not automatically extinguished upon the trial court’s division of marital property, even if the entire property to which the lien attaches is awarded to the nonencumbering spouse. Trial court may expunge FLARPLs when a dispute arises as to their propriety after the FLARPLs have been recorded. Trial court need not join attorneys as parties to the case before expunging their FLARPLs. Trial court did not abuse its discretion in reducing an attorney’s fee award by applying an offset based on litigation conduct under Family Code Sec. 271. Opposing party was not required to file a separate Sec. 271 motion to obtain the offset.
In re Marriage of Turkanis and Price - filed January 30, 2013, Second District, Div. Eight
Cite as B229482
Full text http://www.metnews.com/sos.cgi?0213//B229482
A "family law attorney's real property lien" recorded pursuant to Family Code Secs. 2033 and 2034 is not automatically extinguished upon the trial court’s division of marital property, even if the entire property to which the lien attaches is awarded to the nonencumbering spouse. Trial court may expunge FLARPLs when a dispute arises as to their propriety after the FLARPLs have been recorded. Trial court need not join attorneys as parties to the case before expunging their FLARPLs. Trial court did not abuse its discretion in reducing an attorney’s fee award by applying an offset based on litigation conduct under Family Code Sec. 271. Opposing party was not required to file a separate Sec. 271 motion to obtain the offset.
In re Marriage of Turkanis and Price - filed January 30, 2013, Second District, Div. Eight
Cite as B229482
Full text http://www.metnews.com/sos.cgi?0213//B229482
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