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  Wednesday, October 17, 2018  
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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
Government Law
Sovereign immunity bars an alleged sexual assault victim's non-constitutional claims for injunctive relief from a military judge's order to release her mental health records, but not her constitutional claims against the judge as an individual.

E.V. v. Robinson - filed Oct. 17, 2018
Cite as 2018 S.O.S. 16-16975
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
The prosecution is not obligated to produce the internal validation studies and source code for a specific DNA-testing program when that information is solely in possession of a third-party research institute. The prosecution is not required to produce the DNA testing software program absent any evidence the software suffered a problem that might have affected the results in the defendant's case. The owner of a software program whose user manual is allegedly a protected trade secret must have an opportunity to be heard before a trial judge can order the prosecution to produce a copy of the manual.

People v. Superior Court (Dominguez) - filed Oct. 17, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 5007
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Environmental Law 
The exclusive remedy to challenge policies in a local coastal program as inconsistent with the Coastal Act is to file a petition for writ of administrative mandate under Code of Civil Procedure Sec. 1094.5 rather than an action for declaratory relief and traditional mandamus.

Beach and Bluff Conservancy v. City of Solana Beach - filed Oct. 17, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 5014
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Insurance Law
An insurance company may not deny an insured's claim under an occurrence policy based on lack of timely notice or proof of claim unless it can show actual prejudice from the delay. When an insurance company discovers facts showing that its declaration of lapse should not have been made, the declaration of lapse is ineffective and the policy's terms may be enforced.

Lat v. Farmers New World Life Insurance Company - filed Oct. 16, 2018, Second District, Div. One
Cite as 2018 S.O.S. 5023
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SUPERIOR COURT APPELLATE DIVISION
Government Law
The Controlled Substances Act's law enforcement immunity provision protects an officer from federal prosecution for complying with California's statutory scheme for the return of marijuana "lawfully possessed" under California law.

Smith v. Superior Court; Superior Court of California, County of San Francisco - filed Aug. 16, 2018
Cite as 2018 S.O.S. 5027
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MEMBER BENEFIT SPOTLIGHT
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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


LACBA Counsel for Justice and the Domestic Violence Legal Services Project would like to thank Supervisor Janice Hahn for supporting #LACBA_DVP #31DaysofAwareness campaign to raise funds to support the DVP’s ongoing efforts to help #domesticviolence victims obtain Temporary Restraining Orders and other legal remedies to protect them from their abusers. To learn more or donate to DVP, CLICK HERE.

 
 
 
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