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  Thursday, April 4, 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
Criminal Law and Procedure
A conviction under North Carolina's breaking-or-entering statute qualifies as a predicate felony under the Armed Career Criminal Act.

Mutee v. United States - filed April 4, 2019
Cite as 2019 S.O.S. 17-15415
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CALIFORNIA SUPREME COURT
Criminal Law and Procedure
The rule of Stone v. Superior Court–requiring that a court accept a partial verdict of acquittal as to a charged greater offense when a jury has expressly indicated it has acquitted on that offense but has deadlocked on uncharged lesser included offenses–has not been abrogated by the U.S. Supreme Court's decision in Blueford v. Arkansas, which concluded that federal double jeopardy principles do not require a court to accept a partial verdict.

People v. Aranda - filed April 4, 2019
Cite as 2019 S.O.S. 1607
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Government Law
A local ordinance requiring wireless telephone service companies to obtain permits to install and maintain lines and equipment in public rights-of-way is not preempted by Public Utilities Code Sec. 7901. The ordinance also does not violate Sec. 7901.1.

T-Mobile West LLC v. City and County of San Francisco - filed April 4, 2019
Cite as 2019 S.O.S. 1618
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CALIFORNIA COURT OF APPEAL
Civil Procedure
Plaintiff that realized its primary litigation objective–obtaining an order barring operation of a bed-and-breakfast–was entitled to costs, as well as attorney fees pursuant to the private attorney general statute, Code of Civil Procedure Sec. 1021.5.

Friends of Spring Street v. Nevada City - filed March 28, 2019, publication ordered April 4, 2019, Third District
Cite as 2019 S.O.S. 1624
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Civil Procedure
Court erred in declining to dismiss or stay the lawsuit filed in California county in derogation of forum selection clause in a contract requiring litigation in Indiana courts.

Ryze Claim Solutions LLC v. Superior Court - filed April 3, 2019, First District, Div. Three
Cite as 2019 S.O.S. 1631
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Criminal Law and Procedure
Juvenile who employed a racial epithet directed to a teacher breaking up a fight in which he was engaged was properly ordered, as a condition of probation, to submit to a search of electronic devices as a means of deterring access to matter that might kindle his interest in racial hatred and bigotry.

In re J.G. - filed April 4, 2019, Second District, Div. Six
Cite as 2019 S.O.S. 1634
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Government Law
County had no authority to authorize importation of asphalt grindings because such was not within the scope of an existing nonconforming use, which it could allow to continue, but was an impermissible extension or enlargement of the nonconforming use in violation of the County zoning ordinance.

Point San Pedro Road Coalition v. County of Marin - filed March 6, 2019, publication ordered April 3, 2019, First District, Div. Three
Cite as 2019 S.O.S. 1637
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Real Property
Landowner who grants someone permission to use land is estopped from revoking the license where the person using the land has made a "substantial expenditure" in reliance on the license. Trial court construed the requirement too permissively and used the wrong legal standard in declaring a license to use an outdoor area be forever irrevocable. Nearly every case where a license has been declared irrevocable has involved the licensee's permanent alteration of the land and the ensuing upkeep, whether by building, altering or upgrading a roadway, constructing a ditch, canal or levee to transport water, erecting a wall, or raising living quarters. Case must be remanded for a determination as to whether landowner's video cameras aimed at disputed area are a nuisance.

Shoen v. Zacarias - filed April 4, 2019, Second District, Div. Two
Cite as 2019 S.O.S. 1641
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Modification
Sass v. Cohen - filed April 4, 2019, Second District, Div. Two
Cite as 2019 S.O.S. 1646
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Modification
In re M.S. - filed April 3, 2019, Second District, Div. Six
Cite as 2019 S.O.S. 1647
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