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  Thursday, January 10, 2019  
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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.
NINTH U.S. CIRCUIT COURT OF APPEALS
Constitutional Law
Washington state law imposes a duty on the Department of Social and Health Services to investigate in order to reasonably ensure that a child is not placed in an abusive situation.

Cox v. Washington Department of social & Health Services - filed Jan. 10, 2019
Cite as 2019 S.O.S. 15-35964
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Consumer Protection
Federal Food, Drug, and Cosmetic Act Sec. 343-1(a)(5) expressly preempts state-law requirements for claims about dietary supplements that differ from the FDCA's requirements.

Dachauer v. NBTY, Inc. - filed Jan. 10, 2019
Cite as 2019 S.O.S. 17-16242
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Criminal Law and Procedure
Expert testimony on battered woman syndrome may be used by a defendant to support her duress defense and rehabilitate her credibility.

United States v. Lopez - filed Jan. 10, 2019
Cite as 2019 S.O.S. 16-10261
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Criminal Law and Procedure
When determining whether an offense is "punishable" by a certain term of imprisonment, courts must consider both a crime's statutory elements and sentencing factors. A defendant's offense was not punishable by more than one year in prison where the actual maximum term that the defendant could have received under state law was for less than a year.

United States v. Valencia-Mendoza - filed Jan. 10, 2019
Cite as 2019 S.O.S. 17-30158
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
A detective did not violate a defendant's rights under the Fourth Amendment to the U.S. Constitution and the Electronic Communications Privacy Act by viewing and saving a video the defendant had posted on a social media account shortly after a robbery which depicted the defendant wearing a chain taken in the robbery since the defendant voluntarily shared the video with his social media "friends".

People v. Pride - filed Jan. 10, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 177
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Criminal Law and Procedure
A defense attorney's concession as to the defendant's guilt on a charge of felony hit-and-run was not tantamount to a guilty plea on that count requiring the judge to obtain a waiver of the defendant's right to a trial on that count.

People v. Lopez - filed Jan. 9, 2019, Second District, Div. Four
Cite as 2019 S.O.S. 181
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Real Property
Civil Code Sec. 1009(b) generally prohibits implied-in-fact dedications of private noncoastal property.

Mikkelsen v. Hansen - filed Jan. 10, 2019, Fifth District
Cite as 2019 S.O.S. 186
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Real Property
The process allowing a city's director of planning to exempt a project from a project permit compliance review is a ministerial process because the process requires only a determination that the proposed project does or does not meet objective measurement criteria. The director is not required to conduct a discretionary analysis of every exemption request to ensure it is compliant with the city's land use plan. Additions to existing structures are eligible for exemptions under the Coastal Act.

Venice Coalition to Preserve Unique Community Character v. City of Los Angeles - filed Jan. 9, 2019, Second District, Div. Eight
Cite as 2019 S.O.S. 191
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Modification
Mechling v. Asbestos Defendants - filed Jan. 9, 2019, First District, Div. Five
Cite as 2019 S.O.S. 195
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