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  Wednesday, January 16, 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
Workers Compensation
Petitions for review of compensation orders arising under the Defense Base Act should be filed in the circuit where the relevant district director is located.

Global Linguist Solutions, LLC v. Abdelmeged - filed Jan. 16, 2019
Cite as 2019 S.O.S. 17-72516
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Order
Yahoo! Inc. v. National Union Fire Insurance - filed Jan. 16, 2019
Cite as 2019 S.O.S. 17-16452
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
Following an arrest supported by probable cause, the collection of a suspect's DNA by taking a cheek swab during a routine booking procedure is now a valid exception to the warrant requirement. A collection is not constitutional if the record does not establish probable cause for the arrest. An unlawful collection of a DNA sample was sufficiently attenuated from a "cold hit" linking the defendant to a crime and the subsequent lawful collection of a new sample for the new sample to be untainted by the illegality of the collection of the first sample.

People v. Marquez - filed Jan. 15, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 282
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Criminal Law and Procedure
The Sexually Violent Predators Act provides a court with discretionary authority to involuntarily medicate an incompetent person placed with the State Department of State Hospitals pre-commitment.

State Department of State Hospitals v. J.W. - filed Dec. 19, 2018, publication ordered Jan. 15, 2019, Fifth District
Cite as 2019 S.O.S. 287
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Criminal Law and Procedure
An appeal from a post-judgment order denying a motion to vacate summary judgment and to exonerate a bail bond is not an appeal from a money judgment and, therefore, Code of Civil Procedure Sec. 917.1 does not provide for a stay of the underlying summary judgment during such an appeal. The means to stay enforcement of the summary judgment is to petition for a writ of supersedeas. An bail bondsman forfeited its challenge to the validity of an undertaking by waiting until six days before the issuance of the remittitur to file its motion to vacate the undertaking.

People v. American Surety Company - filed Jan. 15, 2019, Fourth District, Div. Two
Cite as 2019 S.O.S. 292
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Criminal Law and Procedure
A trial court did not err in modifying CALCRIM No. 1203 to specify that the intent to commit robbery includes the intent to aid in the escape from the robbery where this theory of liability was supported by substantial evidence.

People v. Stinson - filed Jan. 16, 2019, Third District
Cite as 2019 S.O.S. 299
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Environmental Law
A city's act of entering into a lease was a legislative act subject to challenge in a petition for ordinary writ of mandamus. The relevant issue in determining whether the California Environmental quality Act's existing facilities exemption applies is whether the project involves "expansion of use beyond that existing at the time of the lead agency's determination".

San Diegans for Open Government v. City of San Diego (Symphony Asset Pool XVI) - filed Dec. 27, 2018, publication ordered Jan. 15, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 304
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Trusts
The common fund doctrine may be used in a probate case to confer equitable fees awards when litigation creates or preserves a fund from which others benefit.

Smith v. Szeyller - filed Jan. 16, 2019, Second District, Div. Six
Cite as 2019 S.O.S. 315
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Modification
Prout v. Department of Transportation - filed Jan. 16, 2019, Third District
Cite as 2019 S.O.S. 320
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