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  Friday, November 30, 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
Criminal Law and Procedure
The sham marriage exception, which has been applied to the spousal testimonial privilege, does not extend to the marital communications privilege.

United States v. Fomichev - filed Nov. 30, 2018
Cite as 2018 S.O.S. 16-50227
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CALIFORNIA COURT OF APPEAL
Civil Procedure
Generally speaking, a fee award under Code of Civil Procedure Sec. 1021.5 is not appropriate when the expected value of the litigant's own monetary award exceeds the actual litigation costs by a substantial margin, but a court can consider the financial situation of the parties in determining whether the financial burden of the litigation was sufficient to merit a fee award. The mere fact that this litigation resulted in a published appellate opinion does not necessarily mean that it involves important rights affecting the public interest, however, the societal importance of public employee pension rights has long been recognized.

City of Oakland v. Oakland Police and Fire Retirement System (Retired Oakland Police Officers Association) - filed Nov. 29, 2018, First District, Div. Four
Cite as 2018 S.O.S. 5637
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Civil Procedure
The key test for finality of a third-party discovery order in enforcement proceedings is whether the challenged order reflects a final determination of the rights or obligations of the parties or whether it contains language showing it is preparatory to a later ruling that will be embodied in an appealable judgment or order.

Finance Holding Company, LLC v. The American Institute of Certified Tax Coaches, Inc. - filed Nov. 29, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 5645
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Civil Procedure
To establish mandatory intervention, a proposed intervener must show an interest relating to the property or transaction which is the subject of the action, that the party is so situated that the disposition of the action may as a practical matter impair or impede that person's ability to protect that interest, and that the party is not adequately represented by existing parties. Members of a settlement class who can opt-out and protect their interests are not entitled to mandatory intervention.

Edwards v. Heartland Payment Systems, Inc. - filed Nov. 30, 2018, Second District, Div. Eight
Cite as 2018 S.O.S. 5653
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Modification
Ramos v. Superior Court - filed Nov. 28, 2018, First District, Div. One
Cite as 2018 S.O.S. 5657
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Modification
People v. Superior Court (Ahn) - filed Nov. 28, 2018, Fourth District, Div. Two
Cite as 2018 S.O.S. 5658
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SUPERIOR COURT APPELLATE DIVISION
Real Property
When a property an owner or its manager enters into a new lease with an existing tenant, the owner or its manager is not a "successor" owner or manager for purposes of Civil Code Sec. 1962(c).

DLI Properties LLC v. Cherokee Hill; Superior Court of California, County of Los Angeles - filed Sept. 17, 2018
Cite as 2018 S.O.S. 5659
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MEMBER BENEFIT SPOTLIGHT

 

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