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 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
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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
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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
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 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
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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
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