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  Monday, April 22, 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.
Criminal Law and Procedure
In the wake of the 2014 amendments to Federal Rule of Criminal Procedure 12, the good-cause standard in Rule 12(c)(3), rather than plain error review, continues to apply when a defendant attempts to raise new theories on appeal in support of a motion to suppress.

United States v. Guerrero - filed April 22, 2019
Cite as 2019 S.O.S. 17-50384
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Criminal Law and Procedure
The Legislature wrote Penal Code Sec. 1473.7 with the intent that an order granting or denying a motion under that section would be appealable. In 2003, a criminal defense attorney did not have a general duty to discuss the immigration consequences of a guilty plea with a client.

People v. Novoa - filed April 22, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 1871
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Criminal Law and Procedure
Evidence of a defendant's actions after a murder betraying an indifference to the loss of life does not, standing alone, establish that the defendant knowingly created a grave risk of death.

In re Taylor - filed April 19, 2019, First District, Div. One
Cite as 2019 S.O.S. 1883
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Family Law
For purposes of the Domestic Violence Prevention Act, abuse includes behaviors that were enjoined by a temporary restraining order and is not limited to acts inflicting physical injury.

N.T. v. H.T. - filed March 26, 2018, publication ordered April 22, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 1890
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Probate Law
The anti-SLAPP statute can apply to petitions to enforce no contest provisions in probate court. A beneficiary's defense of a trust amendment against a claim alleging the change was invalid can meet the statutory definition of a direct contest. The effect of a litigant's conduct establishes whether she has acted in her capacity as a disinterested trustee, not the titles on the pleadings that she filed. The litigation privilege does not apply to actions to enforce no contest provisions.

Key v. Tyler - filed April 19, 2019, Second District, Div. Two
Cite as 2019 S.O.S. 1894
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