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  Friday, December 14, 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
Civil Procedure
The history, language, and purpose of the Class Action Fairness Act reflects it is to provide a federal forum for national issues, but keep smaller and more local issues in state court. A dispute between users of a bridge and the company who collects tolls on behalf of the state belongs in state court.

Kendrick v. Conduent State and Local Solutions, Inc. - filed Dec. 13, 2018
Cite as 2018 S.O.S. 18-16988
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CALIFORNIA COURT OF APPEAL
Administrative Law
The Legislature's use of the term "willful" in Business and Professions Code Sec. 7110 only requires a showing of general intent. The fact that an individual employee may not have been aware of a specific local permit requirement does not excuse a corporate licensee from complying with the building laws.

Acco Engineered Systems v. Contractors' State License Board - filed Nov. 15, 2018, publication ordered Dec. 14, 2018, Second District, Div. Five
Cite as 2018 S.O.S. 5923
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Criminal Law and Procedure
A jury can reasonably find that a sign displaying the image of a crucifix, identifying the physical structure behind it as a religious educational institution, was part of a "building owned and occupied by a religious educational institution" within the meaning of Penal Code Sec. 594.3(a).

People v. LaDuke - filed Dec. 14, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 5928
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Family Law
Before courts and agencies can exert jurisdiction under Welfare and Institutions Code Sec. 300(b), there must be evidence indicating that the child is exposed to a substantial risk of serious physical harm or illness. A court's failure to make the requisite findings on these issues requires reversal.

In re Israel T - filed Nov. 21, 2018, publication ordered Dec. 13, 2018, Second District, Div. Four
Cite as 2018 S.O.S. 5932
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Family Law
A trial court did not abuse its discretion in denying a party's request for lifetime renewal of a restraining order based on the facts underlying issuance of the original order. The doctrine of collateral estoppel did not prevent the restrained party from denying the facts underlying the original order.

In re Marriage of Martindale & Ochoa - filed Dec. 7, 2018, publication ordered Dec. 13, 2018, First District, Div. Five
Cite as 2018 S.O.S. 5935
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Family Law
The Uniform Child Custody Jurisdiction and Enforcement Act requires that a parent receive notice and an opportunity to be heard before a child custody determination is made. If notice of a foreign proceeding is not given to a parent in a manner reasonably calculated to give actual notice, the foreign court does not have jurisdiction in conformity with UCCJEA standards.

W.M. v. V.A. - filed Dec. 13, 2018, Second District, Div. Eight
Cite as 2018 S.O.S. 5939
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Modification
Next Century Associates v. County of Los Angeles - filed Dec. 14, 2018, Second District, Div. One
Cite as 2018 S.O.S. 5944
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