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  Thursday, January 17, 2019  
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.
Constitutional Law
The collateral-order doctrine of 28 U.S.C. Sec. 1291 does not encompass an interlocutory appeal from a denial of 11th Amendment immunity from liability. A plaintiff in a 42 U.S.C Sec. 1983 action may not recover incarceration-related damages for any period of incarceration supported by a valid, unchallenged conviction and sentence.

Taylor v. County of Pima - filed Jan. 17, 2019
Cite as 2019 S.O.S. 17-16980
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Lorenzo v. Whitaker - filed Jan. 17, 2019
Cite as 2019 S.O.S. 15-70814
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Civil Procedure
A newspaper's publication of articles containing a fair and true report of a police investigation was absolutely privileged and a defamation claim against the newspaper based on those articles was therefore properly subjected to a special motion to strike. A newspaper's decision to publish or not to publish a contributor's work is protected by the First Amendment. Such a determination cannot form the basis for a viable employment discrimination claim.

Rall v. Tribuine 365 LLC - filed Jan. 17, 2019, Second District, Div. Eight
Cite as 2019 S.O.S. 321
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Criminal Law and Procedure
Penal Code Sec. 1306(b) entitles counties, as agents of the state, to seek compensation for the costs of returning a defendant to custody. The statute allows a county to obtain compensation for the salary and benefits of the officers for the time they traveled to extradite a defendant.

People v. North River Insurance Co. (Bad Boys Bail Bonds) - filed Dec. 19, 2018, publication ordered Jan. 16, 2019, Fifth District
Cite as 2019 S.O.S. 330
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Family Law
A party was entitled to a recovery of attorney fees and costs from his ex-wife for the fees and costs he incurred in defending himself against a civil suit that his ex-wife had commenced pursuant to a provision in the stipulated judgment resolving their marital dissolution action since that stipulated judgment authorized an award of fees and costs to a prevailing party if the party was "forced to seek court intervention" to enforce the stipulated judgment. The family law court did not abuse its discretion in deeming the ex-husband to be the prevailing party because he obtained a judgment of dismissal against the ex-wife's civil lawsuit, thereby achieving his litigation objectives, which is the applicable standard.

Pont v. Pont - filed Dec. 20, 2018, publication ordered Jan. 16, 2019, Second District, Div. One
Cite as 2019 S.O.S. 334
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