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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.
CALIFORNIA COURT OF APPEAL
Civil Procedure
Federal law governs the preclusive effect of a federal judgment.

Guerrero v. California Department of Corrections and Rehabilitation - filed Nov. 6, 2018, First District, Div. Four
Cite as 2018 S.O.S. 5324
Full text click here
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Real Property
The repeal of Civil Code §2923.55 and portions of §2923.6 did not moot a homeowner’s claim for alleged violations of the Homeowners' Bill of Rights. Contacts between a lender or its agent and a borrower that are not initiated by the lender still satisfy the requirements of former §2923.55(b)(2). An appellate court may not consider a new theory raised by a plaintiff in opposition to summary judgment, or on appeal from the granting of summary judgment, where that theory is not supported by the pleadings.

Schmidt v. Citibank, N.A. - filed Nov. 7, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 5331
Full text click here
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MEMBER BENEFIT SPOTLIGHT
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LACBA members can get a free Litigation Analytics report on the Federal Judge or an opposing counsel by requesting it HERE.

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