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 CALIFORNIA COURT OF APPEAL Civil Procedure
While the filing of a voluntary chapter 7 bankruptcy petition provides a self-executing stay of legal proceedings against the debtor, the stay does not extend to nondebtor codefendants. Even where the filing of an amended complaint on a Doe defendant relates back to the filing of an original complaint, the plaintiff must nonetheless identify and serve a Doe defendant with a summons and complaint within three years of the commencement of the action.
Higgins v. Superior Court (Cabandong) - filed Sept. 28, 2017, Fourth District, Div. One
Cite as 2017 S.O.S. 4867
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Civil Procedure
A party who did not have the assistance of an attorney at an administrative hearing did not suffer a violation of due process since it had made the decision to be represented by a non-attorney layperson at the hearing. Even if the layperson engaged in the unauthorized practice of law, by representing the party at the administrative hearing, such violation does not establish that the proceedings were void.
Davis Test Only Smog Testing v. Department of Consumer Affairs, Bureau of Automotive Repair - filed Sept. 28, 2017, Third District
Cite as 2017 S.O.S. 4871
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Criminal Law and Procedure
A trial judge committed prejudicial error in failing to instruct the jury that it needed to find the defendant had transported a controlled substance, with the intent to sell it, in order to find the defendant guilty of violating Health and Safety Code Sec. 11352 since the record contained evidence that could support a finding that defendant intended to use the controlled substance in his possession.
People v. McCloud - filed Sept. 27, 2017, Fourth District, Div. Two
Cite as 2017 S.O.S. 4874
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 Criminal Law and Procedure
The Ident-A-Drug website--a subscription-based, login-controlled online reference for identifying prescription pills--comes within the published compilation exception to the hearsay rule codified in Evidence Code Sec. 1340. The website's generic data about pharmaceutical pills also is not testimonial evidence. Chemical testing was not necessary to prove defendants were in possession of controlled substances. Evidence that defendants possessed dihydrocodeinone--also known as Valium--was insufficient to establish possession of a controlled substance since neither dihydrocodeinone nor Vicodin are listed as controlled substances in Health and Safety Code Sec. 11055 or Sec. 11056.
People v. Mooring - filed Sept. 27, 2017, First District, Div. Five
Cite as 2017 S.O.S. 4879
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Criminal Law and Procedure
A forensic psychologist's opinion as to whether a defendant qualified as a mentally disordered offender was inadmissible hearsay pursuant to the rule established in People v. Sanchez. Her opinion was based on multiple hearsay statements that were not independently proven by competent evidence.
People v. Lin - filed Sept. 28, 2017, Second District, Div. Six
Cite as 2017 S.O.S. 4886
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Taxation
When a real property is improved with solar energy generating systems using solar and non-solar components, the base year value of the property can exclude the solar component of the SEGS. However, an appraisal of the cash value of the property should include both the solar and the non-solar components.
Luz Solar Partners Ltd. v. San Bernardino County - filed Sept. 27, 2017, Fourth District, Div. Two
Cite as 2017 S.O.S. 4889
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