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  Monday, April 8, 2019  
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.
Real Property
The U.S. Supreme Court's decision in Americold Realty Trust v. ConAgra Foods did not upset the rule that a trustee is a real party to a controversy for purposes of diversity jurisdiction when he possesses certain customary powers to hold, manage, and dispose of assets for the benefit of others. When a trustee is sued in her own name, her citizenship is all that matters for diversity purposes.

Demarest v. HSBC Bank USA - filed April 8, 2019
Cite as 2019 S.O.S. 17-56432
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Criminal Law and Procedure
When defendant receives an indeterminate sentence and serial denials of parole results in punishment so disproportionate to his individual culpability for the offense he committed, his continued incarceration must be deemed constitutionally excessive.

In re Palmer - filed April 5, 2019, First District, Div. Two
Cite as 2019 S.O.S. 1675
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Family Law
Current Family Code Sec. 4007.5(f) applies only to child support orders issued on or after Oct. 8, 2015. Current Sec. 4007.5 does not contain a saving clause pursuant to which former Sec. 4007.5 could have provided statutory protection for incarcerated child support obligors.

County of San Diego Department of Child Support Services v. C.P. - filed April 8, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 1685
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