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  Wednesday, November 14, 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.
CALIFORNIA COURT OF APPEAL
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
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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
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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
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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
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Torts
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
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Modification
People v. Randolph - filed Nov. 14, 2018, Fifth District
Cite as 2018 S.O.S. 5387
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Modification
Garcia v. Border Transportation Group - filed Nov. 13, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 5388
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MEMBER BENEFIT SPOTLIGHT
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* 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.

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