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  Wednesday, December 5, 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
When service is being effected by publication, publication in the newspaper named by the court is essential. A judgment is void if a plaintiff failed to properly publish the summons.

Calvert v. Binali - filed Dec. 4, 2018, Second District, Div. Eight
Cite as 2018 S.O.S. 5784
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Criminal Law and Procedure
A defendant cannot be prosecuted for assault with a deadly weapon for conduct that violated statutes specifically governing the illegal discharge of a laser.

People v. Sun - filed Dec. 4, 2018, Fourth District, Div. Three
Cite as 2018 S.O.S. 5777
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Criminal Law and Procedure
Revoking parole and committing a defendant to jail for violation of parole are not subordinate judicial duties that may be performed by a commissioner in the absence of a stipulation by the parties.

People v. Berch - filed Dec. 5, 2018, Fourth District, Div. Three
Cite as 2018 S.O.S. 5781
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Employment Law
When it is undisputed that the Public Employment Relations Board followed its procedures prior to issuing a decision, substantial evidence necessarily supports a trial court's finding that the decision was issued pursuant to the board's established procedures. The PERB's general counsel's post-decision actions cannot be raised as a defense to an enforcement action.

Public Employment Relations Board v. Bellflower Unified School District - filed Dec. 4, 2018, Second District, Div. Four
Cite as 2018 S.O.S. 5789
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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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