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  Monday, November 26, 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.
NINTH U.S. CIRCUIT COURT OF APPEALS
Consumer Protection
To establish False Claims Act liability under an implied false certification theory, a plaintiff must show the claim does not merely request payment, but also makes specific representations about the goods or services provided. Second, the defendant's failure to disclose noncompliance with material statutory, regulatory, or contractual requirements makes those representations misleading half-truths. Whether a provision is labeled a condition of payment is relevant to, but not dispositive of, the False Claims Act's materiality requirement. Materiality instead looks to the effect on the likely or actual recipient of the alleged misrepresentation and the relevant question is whether the false certification was relevant to the government's decision to confer a benefit.

United States ex rel. Rose v. Stephens Institute - filed Nov. 26, 2018
Cite as 2018 S.O.S. 17-15111
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Criminal Law and Procedure
A defendant's simultaneous possession of different depictions of child pornography at a single time and place constitutes a single violation of 18 U.S.C. Sec. 2252(a)(4)(B).

United States v. Chilaca - filed Nov. 26, 2018
Cite as 2018 S.O.S. 17-10296
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CALIFORNIA SUPREME COURT
Criminal Law and Procedure
A trial court erred in failing to suspend a defendant's criminal trial and initiate competency proceedings at the time counsel declared a doubt as to her client's competence. Once a defendant has been found competent to stand trial, a trial court may rely on that finding absent a substantial change of circumstances, but when a formerly incompetent defendant has been restored to competence solely or primarily through administration of medication, evidence that the defendant is no longer taking his medication and is again exhibiting signs of incompetence will generally establish such a change in circumstances and will call for additional, formal investigation before trial may proceed.

People v. Rodas - filed Nov. 26, 2018
Cite as 2018 S.O.S. 5493
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CALIFORNIA COURT OF APPEAL
Family Law
California cannot exercise specific personal jurisdiction over a nonresident in a paternity action where the mother and young child live in California and conception occurred in another state. The father's knowledge that the mother resided in California and the foreseeability of a child being born in California as a result of their out-of-state sexual intercourse are insufficient to establish the requisite minimum contacts for jurisdiction.

David L. v. Superior Court (Mariana C.) - filed Nov. 26, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 5501
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Real Property
The plain language of a municipal code ordinance requiring that notice of a code violation be served by personal service, certified mail, or by affixing a copy to the structure establishes a hierarchy of acceptable means of providing notice, any one of which can constitute "service" of the notice. The ordinance's "nail & mail" procedures are not constitutionally deficient in the absence of efforts at personal service.

Rasooly v. City of Oakley - filed Oct. 25, 2018, publication ordered Nov. 21, 2018, First District, Div. Five
Cite as 2018 S.O.S. 5508
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Modification
Palmieri v. California State Personnel Board - filed Nov. 21, 2018, Third District
Cite as 2018 S.O.S. 5512
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Modification
Hart v. Keenan Properties, Inc. - filed Oct. 26, 2018, publication ordered Nov. 21, 2018, First District, Div. Five
Cite as 2018 S.O.S. 5513
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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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