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Monday, October 22, 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
Bankruptcy Law
The period in which a creditor may execute on an Order for Appearance and Examination lien constitutes the commencement or continuation of a civil action on a claim against a debtor for purposes of 11 U.S.C. Sec. 108(c), and is thus tolled during the automatic stay.

In re Swintek- filed Oct. 22, 2018
Cite as 2018 S.O.S. 16-60003
Full text click here>

CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
The special circumstance allegation is not applicable to the crime of attempted burglary. The issuance of CALCRIM No. 3426 did not negate CALCRIM No. 404's instruction regarding the jury's ability to consider intoxication as a defense to the mental state required for guilt as an aider and abettor. Carrying a loaded firearm in public does not imply dishonesty in the manner of concealment, but the risks attached to the conduct demonstrate a general readiness to do evil that satisfies the moral turpitude analysis.

People v. Bedolla- filed Oct. 22, 2018, Sixth District
Cite as 2018 S.O.S. 5086
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Criminal Law and Procedure
When a defendant is held to answer on charges brought in separate cases following separate preliminary hearings, a prosecutor has discretion to file a unitary information covering all charges, or a separate information for each case, as long as the charges meet the requirements set out in Penal Code Sec. 954. If prosecutor files a unitary information and the defendant believes the inclusion of all charges in a unitary information prejudices him, he may move for severance of counts.

People v. Henson- filed Oct. 19, 2018, Fifth District
Cite as 2018 S.O.S. 5094
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Family Law
A juvenile court erred in establishing jurisdiction over a minor based on a factual and legal theory not raised in the original dependency petition.

In re G.B.- filed Oct. 18, 2018, Second District, Div. Three
Cite as 2018 S.O.S. 5111
Full text click here>

Workers' Compensation
Labor Code Sec. 4615 and Sec. 139.21 do not operate as unconstitutional restraints on personal property, since a workers' compensation lien is not an entitlement to payment. A workers' compensation lien also is not the type of personal asset protected by the Sixth Amendment, nor is it an interest entitled to substantive due-process protection.

Barri v. WCAB- filed Sept. 21, 2018, publication ordered Oct. 19, 2018, Fourth District, Div. Three
Cite as 2018 S.O.S. 5116
Full text click here>

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