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eBriefs Header
  Friday, March 2, 2018  
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 defendant's conviction for attempted first degree murder under Washington law constitutes a "crime of violence" under 18 U.S.C. Sec. 16(a) because it requires specific intent and has as an element an intentional, threatened, attempted, or actual use of force. For the same reason, attempted first degree murder under Washington law is a "crime of violence" under USSG Sec. 4B1.2(a).

United States v. Studhorse - filed March 2, 2018
Cite as 2018 S.O.S. 16-30299
Full text click here
>
Government Law
The National Banking Act does not preempt California's state escrow interest law, set forth in Civil Code Sec. 2954.8(a).

Lusnak v. Bank of America - filed March 2, 2018
Cite as 2018 S.O.S. 14-56755
Full text click here
>
CALIFORNIA COURT OF APPEAL
Administrative Law
The Medical Board of California's service of an accusation against a physician by certified mail was not ineffective just because the doctor did not sign a receipt for the service.

Medical Board v. Superior Court (Adams) - filed Feb. 21, 2018, publication ordered March 1, 2018, First District, Div. Three
Cite as 2018 S.O.S. 1053
Full text click here
>
Environmental Law
Regulations adopted by the State Water Resources Control Board setting forth a fee formula for permit and license holders impose fees that are proportionate to the benefits derived by the permit and license holders. The board's decision to allocate all of the United States Bureau of Reclamation's annual fee for projects within a project to the water supply contractors was reasonable because the contractors received everything the USBR had to give.

Northern California Water Association v. State Water Resources Control Board - filed March 2, 2018, Third District
Cite as 2018 S.O.S. 1055
Full text click here
>
Family Law
Welfare and Institutions Code Sec. 361.5(a)(1)(C) allows a juvenile court to limit a parent's services to six months for all minors removed from that parent's custody when one member of the sibling group was three years of age or under at the time of removal, but if the only minor who was under the age of three at the time of removal was placed in a separate foster home from his older siblings, then the juvenile court cannot apply Sec. 361.5(a)(1)(C) to terminate a parent's services as to the older siblings after only six months.

W.P. v. Superior Court (San Bernardino County Children and Family Services) - filed Feb. 6, 2018, publication ordered March 2, 2018, Fourth District, Div. Two
Cite as 2018 S.O.S. 1067
Full text click here
>
 
 
 
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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
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© 2018 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 © 2018, all rights reserved.
   
 
 
 


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