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  Monday, December 10, 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.
U.S. SUPREME COURT
Criminal Law and Procedure
The term "burglary" in the Armed Career Criminal Act includes burglary of a structure or vehicle that has been adapted or is customarily used for overnight accommodation. Although the risk of violence is diminished if a vehicle is only used for lodging part of the time, there is no reason to believe that Congress intended to make a part-time/full-time distinction.

United States v. Stitt - filed Dec. 10, 2018
Cite as 2018 S.O.S. 17-765
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NINTH U.S. CIRCUIT COURT OF APPEALS
Bankruptcy Law
An objection to confirmation of a Chapter 9 plan of adjustment was rendered equitably moot where the objector did not seek a stay of confirmation. The plan had been substantially consummated and the relief of undoing plan confirmation would bear unduly on innocent third parties. The bankruptcy court could not fashion relief without undoing the confirmed plan.

In re City of Stockton, California - filed Dec. 10, 2018
Cite as 2018 S.O.S. 14-17269
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Order
East Bay Sanctuary Covenant v. Trump - filed Dec. 7, 2018
Cite as 2018 S.O.S. 18-17274
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CALIFORNIA SUPREME COURT
Criminal Law and Procedure
Because forgery requires the intent to defraud, and the stated value of the forged check indicates the severity of the intended fraud, the stated value of a forged check is its "value" for purposes of Proposition 47.

People v. Franco - filed Dec. 10, 2018
Cite as 2018 S.O.S. 5820
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Employment Law
A wage order of the Industrial Welfare Commission permitting health care employees to waive their second meal period break if they work shifts longer than 12 hours does not violate the Labor Code.

Gerard v. Orange Coast Memorial Medical Center - filed Dec. 10, 2018
Cite as 2018 S.O.S. 5824
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CALIFORNIA COURT OF APPEAL
Constitutional Law
Where police officers were unaware a defendant was on searchable informal probation at the time they detained and searched the defendant, they cannot rely on the existence of his probation condition to justify the search and seizure. A vague description does not provide reasonable suspicion to stop every person falling within that vague description.

People v. Thomas - filed Dec. 3, 2018, publication ordered Dec. 10, 2018, Third District
Cite as 2018 S.O.S. 5829
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Professional Licensing
Up until July 1, 2020, a licensing board may deny or restrict a license based on the conduct underlying a dismissed conviction only when the conduct independently qualifies as a basis for denying a license.

Moustafa v. Board of Registered Nursing - filed Dec. 10, 2018, First District, Div. One
Cite as 2018 S.O.S. 5834
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SUPERIOR COURT APPELLATE DIVISION
Criminal Law and Procedure
A return to "custody" is not synonymous with "extradition" for purposes of the Penal Code. Extradition costs may only be recovered pursuant to Sec. 1557.

People v. Bail Hotline Bail Bonds, Inc.; Superior Court of California, County of San Diego - filed Oct. 23, 2018
Cite as 2018 S.O.S. 5841
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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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