eBriefs Header
  Wednesday, November 14, 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
Assuming a party can recover the attorney fees it incurred in an unlawful detainer action as damages for the opposing party's breach of a settlement agreement, a fee award was improper in the absence of any testimony of the attorneys' billing rates and the work performed in the unlawful detainer action.

Copenbarger v. Morris Cerullo World Evangelism - filed Oct. 19, 2018, publication ordered Nov. 13, 2018, Fourth District, Div. Three
Cite as 2018 S.O.S. 5361
Full text click here
Criminal Law and Procedure
A successful Proposition 47 petitioner may subsequently challenge any felony-based enhancement that is based on that previously designated felony, now reduced to misdemeanor, so long as the judgment containing the enhancement was not final when Proposition 47 took effect. When part of a sentence is stricken on review, on remand for resentencing, a full resentencing as to all counts is appropriate, so the trial court can exercise its sentencing discretion in light of the changed circumstances.

People v. Acosta - filed Nov. 13, 2018, Second District, Div. Six
Cite as 2018 S.O.S. 5368
Full text click here
Employment Law
Code of Civil Procedure Sec. 998 does not apply to nonfrivolous Fair Employment and Housing Act litigation that predates the application of the amended version of Government Code Sec. 12965(b).

Huerta v. Kava Holdings - filed Nov. 14, 2018, Second District, Div. Eight
Cite as 2018 S.O.S. 5371
Full text click here
Family Law
Family Code Sec. 7540's conclusive presumption of fatherhood is not an exclusive presumption which precludes the operation of any other presumptions of parenting. Nothing in the Family Code exempts conclusive fathers under Sec. 7540 from the text of the three-parent statute and its immanent purpose to preserve extant parent-child relationships.

C.A. v. C.P. - filed Nov. 13, 2018, Third District
Cite as 2018 S.O.S. 5375
Full text click here
The Right to Repair Act does not allow for class actions, with an exception only for claims that address solely the incorporation into a residence of a defective component, unless that component is a product that is completely manufactured offsite.

Kohler Co. v. Superior Court (Park-Kim) - filed Nov. 14, 2018, Second District, Div. Four
Cite as 2018 S.O.S. 5381
Full text click here
People v. Randolph - filed Nov. 14, 2018, Fifth District
Cite as 2018 S.O.S. 5387
Full text click here
Garcia v. Border Transportation Group - filed Nov. 13, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 5388
Full text click here
Thomson Reuters -- Law firms across the country are now using easily accessible data to build their strategies and prepare for trials. It’s giving them a competitive edge and answers to questions clients are always asking about. And, they are doing it in minutes, not hours or even days. By using Litigation Analytics on Westlaw Edge, you can discover relevant, data-driven insights from federal and select state dockets and cases such as:

* Understand a judge’s background and experience – with real data to back it up
* Learn how a judge has ruled on similar motions, and identify the most persuasive arguments
* Determine how similar matters were resolved, and the time and effort involved
* See which law firms and attorneys have had the most experience before a judge or court
* View how a judge has handled expert challenges, and how they have fared on appeal

LACBA members can get a free Litigation Analytics report on the Federal Judge or an opposing counsel by requesting it HERE.

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
The full text of case rulings are in PDF files and require Adobe’s free Acrobat Reader to view. To download a copy go to: www.adobe.com//products/acrobat/readstep.html
Problems or comments?
Email us at ebriefs@lacba.org
© 2018 Los Angeles County Bar Association. The information contained in this document is intended solely for use by the person identified above. Any transmission to or copying for the benefit of another person is prohibited. Metropolitan News-Enterprise, SOS and MNC are registered trademarks of the Metropolitan News Company. Summaries are copyrighted by Metropolitan News Company © 2018, all rights reserved.