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  Wednesday, November 21, 2018  
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The courts will be closed on Thursday, November 22 and Friday, November 23, in observance of Thanksgiving Day. Therefore, there will be no LACBA Daily eBriefs on Thursday and Friday. Publication will resume on Monday, November 26. 
   
 
 
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
Healthcare Law
Neither the federal Medicaid statute nor the Constitution provides a cause of action for enforcement of Section 30(A) of the Medicaid Act. A writ under California Code of Civil Procedure Sec. 1085 challenging a bill which reduced the Medi-Cal rate of reimbursement for healthcare is a state-law claim because Sec. 1085 writs may issue under California law to compel state agencies to comply with federal requirements. When a case is brought on a state-law claim, even if the case is properly removed from state court based on federal question jurisdiction, the plaintiffs can still seek attorney fees under the state-law attorney fee statute.

Independent Living Center of Southern California v. Kent - filed Nov. 21, 2018
Cite as 2018 S.O.S. 15-56142
Full text click here
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CALIFORNIA COURT OF APPEAL
Civil Procedure
A moving party can "prevail" on a motion to quash or modify a subpoena for purposes of Code of Civil Procedure Sec. 1987.1 if the subpoena has been withdrawn prior to a judicial ruling on the motion.

Roe v. Halbig - filed Nov. 20, 2018, Sixth District
Cite as 2018 S.O.S. 5455
Full text click here
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Civil Procedure
An order staying responsive pleadings and outstanding discovery requests, while also requiring the parties to negotiate and agree on a case management plan, and to prepare and file a joint statement specifically addressing case-related issues in multiple areas, does not effect a complete stay of the prosecution of the action. Such a stay does not toll the statute of limitations. A trial court committed a manifest abuse of discretion in setting a trial date for a putative class action on the same date on which the motion for class action was to be heard.

Warner Bros. Entertainment v. Superior Court (Larco Productions) - filed Nov. 14, 2018, publication ordered Nov. 20, 2018, Second District, Div. Eight
Cite as 2018 S.O.S. 5464
Full text click here
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Criminal Law and Procedure
A trial judge committed instructional error in issuing CALCRIM No. 875 and No. 3145 in a case involving an alleged assault with a box cutter since a box cutter is not an inherently deadly weapon as a matter of law. The error was a legal error, not a factual error; the error was prejudicial where there was a factual uncertainty as to whether the defendant had used the box cutter in a manner likely to cause serious physical injury to one of his victims.

People v. Stutelberg - filed Nov. 21, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 5476
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Torts
A law enforcement agency had a duty to exercise due care in performing the rescue of a missing bicyclist once it signaled that it was taking control of the rescue by involving itself in locating the bicyclist and appointing an incident commander. The family of the bicyclist adequately alleged reliance on the agency's efforts since the family members asserted they delayed in organizing their own search efforts until the law enforcement agency indicated no search would be conducted until morning.

Arista v. County of Riverside - filed Nov. 20, 2018, Fourth District, Div. Two
Cite as 2018 S.O.S. 5480
Full text click here
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Family Law
A family court erred in considering a child's father's greater fluency in English as a factor rebutting the presumption of detriment due to his domestic violence against the mother.

S.Y. v. Superior Court - filed Nov. 21, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 5485
Full text click here
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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
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