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  Wednesday, April 3, 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
Real Property
Under Nevada law, a homeowners' association possesses a lien with superpriority status on property governed by the association as to the last nine months of unpaid homeowners' association dues and any unpaid maintenance and nuisance-abatement charges. Homeowners' association wrongfully foreclosed on property where a bank tendered to it an amount that was the equivalent of nine months' dues, but the tender was rejected. Where the association's ledger did not indicate that the property had incurred any charges for maintenance or nuisance abatement, which are the only other fees that could have been included in the superpriority amount, the tender was sufficient.

Bank of America v. Arlington West Twilight HOA - filed April 3, 2019
Cite as 2019 S.O.S. 17-15796
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CALIFORNIA COURT OF APPEAL
Administrative Law
The Department of Consumer Affairs did not establish good cause to compel a doctor to provide the records of five patients absent evidence of how many patients the doctor treats, the percentage of his patients the five patients comprised, how often similarly-situated pain management specialists might prescribe the drugs the doctor prescribed, or the likelihood the doctor properly issued the prescriptions.

Grafilo v. Wolfsohn (Kirchmeyer) - filed April 2, 2019, Second District, Div. One
Cite as 2019 S.O.S. 1568
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Civil Procedure
Persons who provided false information impeding marketability of a private residence, affected only those directly interested in buying or selling that house. The issue was not one of public interest, and the communication was thus not a protected one, giving rise to an anti-SLAPP motion.

Workman v. Colichman - filed April 2, 2019, Second District, Div. Four
Cite as 2019 S.O.S. 1573
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Government Law
Government Code Sec. 12531 was intended by the Legislature to effectuate the terms of the National Mortgage Settlement, including the former Attorney General's instructions regarding the proper uses of the money. $331 million was unlawfully appropriated from the NMS Deposit Fund for purposes inconsistent with the NMS and separation of powers principles do not preclude the court from ordering the immediate return of these funds.

National Asian American Coalition v. Newsom - filed April 2, 2019, Third District
Cite as 2019 S.O.S. 1583
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Insurance Law
A fire insurance company for a lessor cannot bring a subrogation action against a lessee where a lessee's negligence causes a fire, but the policy is intended to benefit the lessee.

Western Heritage Insurance Company v. Frances Todd, Inc. - filed March 4, 2019, publication ordered April 2, 2019, First District, Div. Five
Cite as 2019 S.O.S. 1594
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Insurance Law
Insurance Code Sec. 11580.2's requirements for uninsured motorist coverage do not apply to policies providing only umbrella or excess coverage. An umbrella policy that provides the scope of uninsured motorist coverage will be the same as in an underlying policy that limits coverage to the named insured and other relatives in the same household did not provide coverage to the insured's daughter, who was not a member of the household. As a general rule, where coverage does not exist under an insurance policy it cannot be created by estoppel.

Komorsky v. Farmers Insurance Exchange - filed March 1, 2019, publication ordered March 29, 2019, Second District, Div. Four
Cite as 2019 S.O.S. 1600
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Modification
People v. Joseph - filed April 2, 2019, Second District, Div. Five
Cite as 2019 S.O.S. 1606
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