eBriefs Header
  Monday, January 14, 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.
NINTH U.S. CIRCUIT COURT OF APPEALS
Criminal Law and Procedure
A capital defense attorney provided deficient representation where he failed to investigate and consider presenting a diminished capacity defense based on the defendant's mental condition, but this was not prejudicial given the overwhelming evidence of the defendant's specific intent to rape and kill two victims and the relatively weak diminished capacity evidence that counsel could have presented.

Hernandez v. Chappell - filed Jan. 14, 2019
Cite as 2019 S.O.S. 11-99013
Full text click here
>
Criminal Law and Procedure
A defendant waives his rights and precludes plain error review only when there is evidence that he knew of his rights at the time and nonetheless relinquished them. The fact the defendant knew generally that he could object if he recognized a mistake, or that he recognized and raised other errors, does not mean that he waived the right to challenge the specific alleged errors on appeal.

United States v. Depue - filed Jan. 14, 2019
Cite as 2019 S.O.S. 15-10553
Full text click here
>
CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
Penal Code Sections 667.61 and 2933.5 do not affect a defendant's entitlement to pre-sentence conduct credits.

People v. Busane - filed Jan. 14, 2019, Second District, Div. Six
Cite as 2019 S.O.S. 224
Full text click here
>
Criminal Law and Procedure
A defendant was presumptively prejudiced by the misconduct of jurors who were overheard having engaged in deliberations outside of the jury room. The trial court should have inquired of the jurors to determine the scope of their misconduct, and without knowledge of the scope of misconduct, the presumption of prejudice could not be overcome.

People v. Hem - filed Jan. 11, 2019, Third District
Cite as 2019 S.O.S. 226
Full text click here
>
Employment Law
The distinction between independent contractor and employer for purposes of the Domestic Worker Bill of Rights must be determined by examining the language and purpose of the DWBR. The DWBR contains two alternative definitions of employment for purposes of its provisions: when the hiring entity exercises control over the wages, hours, or working conditions of a domestic worker or when a common law employment relationship has been formed. Both definitions must be construed broadly in light of the purposes of the DWBR, and the hiring entity bears the burden of establishing that a domestic worker is an independent contractor rather than an employee.

Duffey v. Tender Heart Home Care Agency - filed Jan. 11, 2019, First District, Div. Five
Cite as 2019 S.O.S. 231
Full text click here
>
Family Law
A juvenile court erred in failing to recognize a mother's relationship with her children outweighed the benefit to the children that would accrue from termination of parental rights and a plan of adoption where the mother maintained regular contact with the children, the children were bonded with the mother, and the mother continued to participate in programs designed to maintain her sobriety and make her a better parent. The standard for determining whether there is a beneficial relationship between a parent and child is not whether the bond with the parent is strong enough to prevent the child from being happy in an alternate placement, but whether the child benefits from the parent's presence.

In re E.T. - filed Dec. 12, 2018, publication ordered Jan. 10, 2019, First District, Div. Three
Cite as 2019 S.O.S. 241
Full text click here
>
Real Property
When a government agency conditions its approval of a real property development project on the grant of an easement or other exaction which would otherwise constitute a taking requiring compensation, the property owner must challenge the condition by petition for writ of mandate filed before, or simultaneously with, a complaint for inverse condemnation. A landowner cannot challenge a condition imposed upon the granting of a permit after acquiescence in the condition by either specifically agreeing to the condition or failing to challenge its validity, and accepting the benefits afforded by the permit. An agency's acceptance of an offer of dedication was valid where the offer was not revoked before the agency accepted the offer by physically occupying the land for the dedicated public use.

Prout v. Department of Education - filed Dec. 18, 2018, publication ordered Jan. 11, 2019, Third District
Cite as 2019 S.O.S. 245
Full text click here
>
Real Property
A right of first refusal contained in a written lease expires when that leasehold ends and the tenant becomes a "holdover" tenant, unless the parties indicate that the right of first refusal will carry forward.

Smyth v. Berman - filed Jan. 10, 2019, Second District, Div. Two
Cite as 2019 S.O.S. 251
Full text click here
>
Modification
People v. Garcia - filed Jan. 10, 2019, Second District, Div. Six
Cite as 2019 S.O.S. 257
Full text click here
>
Modification
Eith v. Ketelhut - filed Jan. 14, 2019, Second District, Div. Six
Cite as 2019 S.O.S. 258
Full text click here
>
Modification
Estate of Stockird - filed Jan. 11, 2019, First District, Div. One
Cite as 2019 S.O.S. 259
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