eBriefs Header
  Friday, January 4, 2019  
LACBA.ORG  |  EBRIEFS ARCHIVE  |  CALENDAR  |  MEMBERSHIP BENEFITS
   
 
 
     
 
The following caselaw summaries are provided as a courtesy to Los Angeles County Bar Association members by the Metropolitan News-Enterprise www.metnews.com. Summaries from the past 90 days are archived and searchable on the LACBA Web site at www.lacba.org/news-and-publications/daily-ebriefs.
CALIFORNIA COURT OF APPEAL
Administrative Law
Subletting and Subcontracting Fair Practices Act Sec. 4017 allows the burden of conducting a Sec. 4107 substitution hearing to be delegated to an employee with relevant job responsibilities or other qualifications. A substitution hearing affects only the statutory rights of a subcontractor under Sec. 4107.

JMS Air Conditioning and Appliance Service v. Santa Monica Community College District (Bernards Bros.) - filed Dec. 17, 2018, publication ordered Jan. 3, 2019, Second District, Div. One
Cite as 2019 S.O.S. 77
Full text click here
>
Civil Procedure
A cross-complaint that merely prayed for "damages according to proof" did not provide adequate notice to sustain a default judgment.

Yu v. Liberty Surplus Insurance Corporation - filed Dec. 11, 2018, publication ordered Jan. 4, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 86
Full text click here
>
Civil Procedure
Although courts should evaluate the totality of the facts in deciding whether an offeree had enough facts to evaluate a settlement offer under Code of Civil Procedure Sec. 998, the most pertinent factors are: how far into the litigation the Sec. 998 offer was made; the information available to the offeree prior to the offer's expiration; and whether the offeree let the offeror know it lacked sufficient information to evaluate the offer, and how the offeror responded.

Licudine v. Cedars-Sinai Medical Center - filed Jan. 3, 2019, Second District, Div. Two
Cite as 2019 S.O.S. 90
Full text click here
>
Criminal Law and Procedure
The crime of pandering only requires that a defendant procure another person for the purpose of prostitution. A defendant is not entitled to an instruction informing the jury that it does not matter if the person being procured is already a prostitute since the instruction did not improve or clarify the standardized language in any meaningful way.

People v. Chatman - filed Jan. 4, 2019, Third District
Cite as 2019 S.O.S. 95
Full text click here
>
Healthcare Law
A jury trial is guaranteed for Confidentiality of Medical Information Act claims for nominal statutory damages brought before 2013, but not for attorney fee claims.

Brown v. Mortensen - filed Jan. 3, 2019, Second District, Div. One
Cite as 2019 S.O.S. 98
Full text click here
>
Insurance Law
A delegation clause nested in an arbitration provision is severable from the remainder of the contract and the question of its enforceability is for the court to decide if a challenge is directed specifically at the validity of the delegation clause. The focus of the court's attention must be on whether the particular challenge is directed at the delegation clause, not whether the same challenges are also directed at the agreement or agreements into which the delegation clause is embedded. Allowing an insurer to circumvent the comprehensive regulatory structure applicable to the issuance of workers' compensation insurance simply by amending its approved policy forms through a side agreement with a subsidiary is contrary to the public policy underlying California's workers' compensation law. An unfiled and unapproved collateral agreement to a workers' compensation policy is void as a matter of law.

Luxor Cabs, Inc. v. Applied Underwriters Captive Risk Assurance - filed Dec. 4, 2018, publication ordered Jan. 3, 2019, First District, Div. Four
Cite as 2019 S.O.S. 102
Full text click here
>
Labor Law
Labor Code Sec. 226.2 is not unconstitutionally vague because the statutory phrase "other nonproductive time" is not unconstitutionally vague. The statutory definition is reasonably clear and specific and provides adequate notice of the nature of the conduct that is being described. Sec. 226.2 does not impose new legal requirements on employers that were made effective retroactively.

Nisei Farmers League v. California Labor & Workforce Development Agency - filed Jan. 4, 2019, Fifth District
Cite as 2019 S.O.S. 109
Full text click here
>
Modification
W.M. v. V.A. - filed Jan. 3, 2019, Second District, Div. Eight
Cite as 2019 S.O.S. 118
Full text click here
>
Modification
In re E.P. - filed Jan. 3, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 119
Full text click here
>
 
 
 
MEMBER BENEFIT SPOTLIGHT
MyCase is an affordable, intuitive and powerful legal case management software designed for the modern law firm. Give your law firm the advantage of a complete case management software solution -- get organized with contacts, calendars, cases, documents, time tracking, and billing. MyCase also includes a first of its kind integrated client portal so everyone stays informed and connected. Los Angeles County Bar Association members get a 10% lifetime discount. Start your free trial today!

read more
>
LACBA members receive discounts on Metropolitan News Company publications and services. For more information, contact Vahn Babigian at (213) 346-0033 or go to http://www.metnews.com/info.html
 
 
 
The full text of case rulings are in PDF files and require Adobe’s free Acrobat Reader to view. To download a copy go to: www.adobe.com//products/acrobat/readstep.html
Problems or comments?
Email us at ebriefs@lacba.org
© 2019 Los Angeles County Bar Association. The information contained in this document is intended solely for use by the person identified above. Any transmission to or copying for the benefit of another person is prohibited. Metropolitan News-Enterprise, SOS and MNC are registered trademarks of the Metropolitan News Company. Summaries are copyrighted by Metropolitan News Company © 2019, all rights reserved.
   
 
 
 


www.lacba.org

 


www.metnews.com