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  Wednesday, November 7, 2018  
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.
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
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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