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  Friday, May 17, 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
Constitutional Law
Racial discrimination claims under 42 U.S.C. Sec. 1981 may be subjected to compulsory arbitration.

Lambert v. Tesla, Inc. - filed May 17, 2019
Cite as 2019 S.O.S. 18-15203
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Order
Martinez-Cedillo v. Barr - filed May 16, 2019
Cite as 2019 S.O.S. 14-71742
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CALIFORNIA COURT OF APPEAL
Civil Procedure
The doctrine of res judicata precludes a vexatious litigant from filing successive prefiling requests.

Columbo v. Kinkle, Rodiger & Spriggs - filed May 16, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 2316
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Criminal Law and Procedure
A trial court is authorized to award restitution to the mother of a minor sexual assault victim based on the mother's own psychological harm.

People v. Montiel - filed May 16, 2019, First District, Div. One
Cite as 2019 S.O.S. 2321
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Criminal Law and Procedure
Penal Code Sec. 1381 does not apply to a proceeding in which the trial court imposed a specific sentence on defendant, suspended execution of that sentence, and placed defendant on probation.

People v. Smith - filed May 16, 2019, Second District, Div. Two
Cite as 2019 S.O.S. 2340
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Criminal Law and Procedure
Proposition 66's procedures for appealing the denial of a petition for a writ of habeas corpus from the Superior Court to the Court of Appeal apply to a petition originally filed with the Supreme Court prior to Proposition 66's enactment when the Supreme Court first referred part of the case to the superior court for fact finding and then, after Proposition 66's enactment, transferred the outstanding issues to the superior court "for adjudication."

In re Robinson - filed May 16, 2019, Second District, Div. Two
Cite as 2019 S.O.S. 2343
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Environmental Law
A landowner did not have a fundamental vested right to plant trees in an area subject to a pipeline easement granted by his predecessor where the trees interfered with access to the pipeline. A water district had authority under the Water Code to enact rules allowing it to deny water to a landowner who unreasonably interferes with the district's use of an easement or refuses to comply with the district's rules.

Inzana v. Turlock Irrigation District Board of Directors - filed April 24, 2019, publication ordered May 16, 2019, Fifth District
Cite as 2019 S.O.S. 2346
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Family Law
Nothing in Family Code Sec. 217 requires a party to offer evidence at a motion hearing when the motion is being decided solely based on the party's written submissions because no party has taken proper steps to present live testimony. When the parties fail to present any live testimony in support or opposition to a motion in family court, Code of Civil Procedure Sec. 2009 controls.

In re Marriage of George & Deamon - filed May 17, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 2356
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Family Law
A family court commits reversible error in considering a modification of a child custody and child support order issued by an out-of-state court where a child custody proceeding had been commenced without first communicating with the out-of-state court.

In re Marriage of Kent - filed May 17, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 2360
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Insurance Law
Substantial evidence supported a jury's award of punitive damages where an employee with broad decision-making responsibility for establishing an insurance carrier's settlement standards ignored information concerning the serious and permanent nature of an insured's injuries in ratifying settlement offers for far less than its policy limits.

Mazik v. GEICO General Insurance Company - filed May 17, 2019, Second District, Div. Two
Cite as 2019 S.O.S. 2364
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LACBA Celebrates Over 140 Years of Service to the Los Angeles Legal Community and Recognizes Past and Present Bar Leaders in Honor of Asian American and Pacific Islander Heritage Month

“Jeanne   Jeanne L. Nishimoto
Jeanne L. Nishimoto is the Supervising Attorney of the Preventing and Ending Homelessness Project at Inner City Law Center, where she oversees a team of attorneys and advocates that provide holistic legal services to people currently experiencing or at imminent risk of homelessness. Prior to joining Inner City, Jeanne worked at the Legal Aid Foundation of Los Angeles. She focused on issues relating to housing and government benefits and later oversaw the Pro Bono Training Institute, a statewide collaboration that provides trainings to legal services volunteers throughout California. She has presented at several state and national legal conferences on strategies to leverage technology and volunteers to close the justice gap. Jeanne is the Immediate Past President of LACBA’s Barristers/Young Attorneys Section and Vice Chair of the Diversity in the Legal Profession Committee.

 
 
 
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