eBriefs Header
  Monday, April 15, 2019  
LACBA.ORG  |  EBRIEFS ARCHIVE  |  CALENDAR  |  MEMBERSHIP BENEFITS
   
 
 
     
 
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
Civil Procedure
A purported arbitral award was not entitled to enforcement under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards where the parties had fully settled their claims before approaching an arbitrator. The purported arbitration consisted of an impromptu meeting in a building lobby and the "proceedings" disregarded the terms of three arbitration agreements between the parties and the issuing forum's arbitral rules.

Castro v. Tri Marine Fish Company LLC - filed April 15, 2019
Cite as 2019 S.O.S. 17-35703
Full text click here
>
Insurance Law
Washington law applied to a coverage dispute over damage to a gas processing plant in Washington where the facility was the primary subject matter of the policy and this factor outweighed the relative importance of the other considerations identified by Sec. 188 of the Restatement (Second) of Conflict of Laws. Under Washington law, an insurer contending that an insured violated a condition precedent to coverage, such as by failing to comply with a notice provision, must demonstrate prejudice from the insured's failure. A determination that a particular loss was fortuitous could obviate the need to examine whether that loss was caused by an external force.

Ingenco Holdings, LLC v. Ace American Insurance Company - filed April 15, 2019
Cite as 2019 S.O.S. 16-35792
Full text click here
>
CALIFORNIA COURT OF APPEAL
Civil Procedure
The nonmarital biological child of an absentee father who never openly held her out as his own does not have standing under Code of Civil Procedure Sec. 377.60 to sue for his wrongful death if she failed to obtain a court order declaring paternity during his lifetime.

Stennett v. Miller - filed April 12, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 1788
Full text click here
>
Criminal Law and Procedure
If a court lacks jurisdiction to grant the relief sought by a defendant's post-judgment motion, the order denying the motion did not affect his substantial rights as contemplated in Penal Code Sec. 1237. Senate Bill No. 620 does not apply retroactivity to cases that became final.

People v. Hernandez - filed April 15, 2019, Second District, Div. Six
Cite as 2019 S.O.S. 1798
Full text click here
>
Criminal Law and Procedure
While necessary expenses for a criminal defense can include discovery costs, there is no authority for the proposition that routine copying costs are a necessary expense. The terms of the retainer agreement between counsel and a defendant's mother were relevant in determining whether the county must pay for minor costs for duplicating discovery materials disclosed by the district attorney. The fact that minor discovery costs were covered by a retainer agreement means defendant was not similarly situated to indigent defendants whose ancillary defense costs were not covered by such an agreement. A defendant may not complain of prosecutorial misconduct on appeal unless he timely objected on that basis at trial.

People v. Washington - filed April 15, 2019, Third District
Cite as 2019 S.O.S. 1800
Full text click here
>
Criminal Law and Procedure
In cases in which a defendant insists on maintaining his innocence of the alleged acts–despite counsel's advice to admit the acts but deny the necessary mental state–amount to intractable disagreements about the fundamental objective of the defendant's representation. Lawyers must allow their clients to dictate the fundamental objective at trial, and thus must not concede the actus reus of a charged crime over their client's objection.

People v. Flores - filed April 12, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 1805
Full text click here
>
Family Law
The foster care maintenance payment rate increases mandated by the Ninth U.S. Circuit Court of Appeals in California State Foster Parent Association v. Wagner and California State Foster Parent Association v. Lightbourne do not apply retroactively to initial adoption assistance agreements executed before those cases were decided.

California Department of Social Services v. Marin - filed April 15, 2019, Second District, Div. Six
Cite as 2019 S.O.S. 1810
Full text click here
>
 
 
 
MEMBER BENEFIT SPOTLIGHT
Ruby Receptionists – Any caller or website visitor can be your next big case and Ruby® makes sure you won’t miss it.

Ruby is a live chat and virtual receptionist service that provides personalized client experiences to build trust and win new clients. From our US-based offices, our friendly chat and receptionist professionals serve as an extension of your team, answering calls and chatting live with custom greetings and information about your firm.

Since 2003, thousands of attorneys have trusted Ruby to help grow their firms, one connection at a time. Ruby is focused on building meaningful connections with callers and website visitors to increase the likelihood that you’ll secure a client for life. To learn more about how Ruby can help your firm, visit www.callruby.com/lacba or call 866-611-7829.
read more >
LACBA members receive discounts on Metropolitan News Company publications and services. For more information, contact Vahn Babigian at (213) 346-0033 or go to http://www.metnews.com/info.html
 
 
 
The full text of case rulings are in PDF files and require Adobe’s free Acrobat Reader to view. To download a copy go to: www.adobe.com//products/acrobat/readstep.html
Problems or comments?
Email us at ebriefs@lacba.org
© 2019 Los Angeles County Bar Association. The information contained in this document is intended solely for use by the person identified above. Any transmission to or copying for the benefit of another person is prohibited. Metropolitan News-Enterprise, SOS and MNC are registered trademarks of the Metropolitan News Company. Summaries are copyrighted by Metropolitan News Company © 2019, all rights reserved.
   
 
 
 


www.lacba.org

 


www.metnews.com