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  Thursday, January 24, 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
Immigration Law
The plain language of 8 C.F.R. Sec. 1208.13(b)(3) does not require the government to propose a city, state, or other type of locality as the area of relocation, rather the Department of Homeland Security may properly propose a specific or a more general area as the place of safe relocation. The Board of Immigration Appeals must then conduct its safe relocation analysis with respect to that proposed area, however specifically or generally defined. In considering the reasonableness of an political asylum petitioner's relocation, the BIA must consider whether the petitioner would be substantially safer in a new location if he were to continue expressing his political opinion. It cannot assume the petitioner will silence his political activity to avoid harm.

Singh v. Whitaker - filed Jan. 24, 2019
Cite as 2019 S.O.S. 16-70823
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Order
M.S. v. LAUSD - filed Jan. 24, 2019
Cite as 2019 S.O.S. 16-56472
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CALIFORNIA SUPREME COURT
Criminal Law and Procedure
Following the passage of Proposition 47, entering an interior room that is objectively identifiable as off-limits to the public with intent to steal therefrom is not shoplifting, but instead remains punishable as burglary.

People v. Colbert - filed Jan. 24, 2019
Cite as 2019 S.O.S. 396
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CALIFORNIA COURT OF APPEAL
Civil Procedure
Code of Civil Procedure Sec. 998 is a cost-shifting statute that allows for the recovery of costs, including attorney fees as costs if there is a contractual or other statutory basis for them. Sec. 998 does not independently create a statutory right to attorney fees. A Sec. 998 offer providing a party bringing a Disabled Persons Act claim with the right to seek attorney fees as "allowed" by law did not entitle her to an award of fees upon acceptance of the offer since the DPA does not authorize attorney fees without a finding of liability.

Linton v. County of Contra Costa - filed Jan. 23, 2019, First District, Div. One
Cite as 2019 S.O.S. 401
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Civil Procedure
A party did not "purposefully and voluntarily" direct activities toward California where her only contacts with the state were related to litigation filed against her and undertaken in her representative capacity.

Jensen v. Jensen - filed Jan. 24, 2019, Second District, Div. Six
Cite as 2019 S.O.S. 405
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Civil Procedure
A defendant was entitled to a special motion to strike a defamation suit by a public figure based on statements made in political advertisements which contained statements that were not actually from a news article, but which were not materially different from the content of that article.

Issa v. Applegate - filed Jan. 24, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 407
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Criminal Law and Procedure
In considering a request for release of a defendant under Penal Code Sec. 1170(e), the trial court must consider only the factors specified in that statute. A party appealing from a trial court's order under Sec. 1170(e) is advised to promptly inform the appellate court of the nature of the issues on appeal and the date on which a medical professional determined the defendant had no more than six months to live, and to seek calendar preference.

People v. Servin - filed Jan. 24, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 417
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Family Law
A juvenile court's finding that a child was at substantial risk of suffering serious physical harm or illness as a result of his mother's neglectful conduct was not supported by sufficient evidence where the only evidence was that the child had body odor and was wearing clothes that were dirty or too small.

In re Roger S. - filed Dec. 24, 2018, publication ordered Jan. 23, 2019, Second District, Div. One
Cite as 2019 S.O.S. 419
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Modification
Licudine v. Cedars-Sinai Medical Center - filed Jan. 24, 2019, Second District, Div. Two
Cite as 2019 S.O.S. 424
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