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  Friday, January 11, 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
Criminal Law and Procedure
A condition allowing a defendant on supervised release to have contact with his son "only for normal familial relations" was unconstitutionally vague.

U.S. v. Hall - filed Jan. 11, 2019
Cite as 2019 S.O.S. 17-10422
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Criminal Law and Procedure
Law enforcement officers may not extend a lawfully initiated vehicle stop because a passenger refuses to identify himself, absent reasonable suspicion that the individual has committed a criminal offense. Under Arizona law, the police could not lawfully order the passenger to identify himself and the passenger's refusal to identify himself did not provide reasonable suspicion of the additional offenses of failure to provide identification and failure to comply with law enforcement orders.

U.S. v Landeros - filed Jan. 11, 2019
Cite as 2019 S.O.S. 17-10217
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Constitutional Law
A sheriff's department acted within the scope of its authority to maintain security when it carried out lockdowns that delayed an inmate's transfer to permanent housing, resulting in his going three-and-a-half days without a bed. Even if a Fourteenth Amendment violation did occur, the sheriff was entitled to qualified immunity because the right asserted by plaintiff–not being forced to sleep on the floor during a jail lockdown–was not clearly established at the time of the events in 2006.

Olivier v. Baca - filed Jan. 11, 2019
Cite as 2019 S.O.S. 13-56371
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CALIFORNIA COURT OF APPEAL
Civil Procedure
A party's failure to admit fact-specific requests for admission during discovery did not warrant an assessment of costs where the party reasonably relied on percipient witness testimony, undisputed scientific testing, and the opinions of a qualified expert in denying the RFAs.

Orange County Water District v. Arnold Engineering - filed Dec. 19, 2018, publication ordered Jan. 10, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 196
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Criminal Law and Procedure
A defendant who was charged with murder on the theory that he committed a homicide while driving under the influence of alcohol was not entitled to an instruction on gross vehicular manslaughter while intoxicated as a lesser included offense. The statutory scheme eliminating involuntary manslaughter as a lesser included offense of an implied malice murder when committed by an intoxicated driver does not violate due process or equal protection. A juror does not forfeit his right to privacy by writing to the trial court and requesting to meet with the judge.

People v. Munoz - filed Jan. 10, 2019, Second District, Div. One
Cite as 2019 S.O.S. 210
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Environmental Law
A city council did not abdicate its duties and delegate its authority to review the environmental consequences of a proposed project even though the council did not consider issues other than design review when it reviewed and considered a decision by an unelected planning commission as to whether a project was exempt from California Environmental Quality Act's requirements. CEQA does not require an environmental impact report where the sole environmental impact is the aesthetic merit of a building in a highly developed area.

McCorkle Eastside Neighborhood Group v. City of St. Helena - filed Dec. 18, 2018; publication ordered Jan. 10, 2019, First District, Div. Five
Cite as 2019 S.O.S. 219
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