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  Tuesday, April 9, 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 felony conviction under California Penal Code Sec. 245(a)(1) is a crime of violence. The fact of a Sec. 245(a)(1) conviction establishes that the defendant was convicted of an offense punishable by more than one year in prison. A wobbler conviction is punishable as a felony, even if the court later exercises its discretion to reduce the offense to a misdemeanor.

United States v. Johnson - filed April 9, 2019
Cite as 2019 S.O.S. 18-10016
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CALIFORNIA COURT OF APPEAL
Civil Procedure
While a juror's intentional concealment of material information may demonstrate implied bias sufficient to justify disqualification, unintentional failure to disclose material information will only justify disqualification if the juror was sufficiently biased to constitute good cause for removal. The record evidence supported a judge's determination that a juror did not intentionally conceal the fact he had been party to two prior lawsuits where there was no evidence the juror had ever been served with a complaint or that he was actively involved in the litigation. References to a plaintiff's medical insurance coverage and Social Security that provided context and background information on his past treatments and likely future expenses did not violate the collateral source rule.

Stokes v. Muschinske - filed March 14, 2019, publication ordered April 8, 2019, Second District, Div. Eight
Cite as 2019 S.O.S. 1689
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Civil Procedure
A media defendants' newspaper and website are public forums within the meaning of Code of Civil Procedure Sec. 425.16. It is beyond dispute that elections in general, and the financing of political advertisements in particular, affect large numbers of people and are topics of widespread interest. A plaintiff could not demonstrate a substantial probability of prevailing on the merits of a defamation action sufficient to defeat an anti-SLAPP motion where the plaintiff did not plainly refute the defamatory imputation of the media defendants' statements.

Sonoma Media Investments, LLC v. Superior Court (Flater) - filed April 8, 2019, First District, Div. Five
Cite as 2019 S.O.S. 1695
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Criminal Law and Procedure
A defendant can be convicted of a violation of both Penal Code Sec. 452(b) and Sec. 452(c) based on a single fire because it is possible in the abstract to violate one provision without violating the other, and causing the burning of an inhabited structure or inhabited property causes a different type of injury than does causing a fire of a structure or forest land.

People v. Corrigan - filed April 8, 2019, First District, Div. One
Cite as 2019 S.O.S. 1704
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Criminal Law and Procedure
A prosecutor's jury selection notes are discoverable by the defendant as part of post-conviction writ of habeas corpus discovery if the prosecutor relied on the notes to refresh his recollection and shares the details of jury selection notes with the court during a Batson/Wheeler hearing.

People v. Superior Court (Jones) - filed April 9, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 1708
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Family Law
A third party does not have a right to reimbursement where the parent from whom he or she is seeking reimbursement is paying child support pursuant to a court order. The proper remedy if the payor parent is not paying an appropriate amount of support pursuant to a court order is to seek modification of the child support order.

Look v. Penovatz - filed April 8, 2019, Sixth District
Cite as 2019 S.O.S. 1712
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Modification
Long v. Forty-Niners Football Company, LLC - filed April 8, 2019, First District, Div. Four
Cite as 2019 S.O.S. 1717
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Modification
Sonoma Media Investments, LLC v. Superior Court - filed April 8, 2019, First District, Div. Five
Cite as 2019 S.O.S. 1718
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