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  Thursday, December 20, 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
Bankruptcy Law
A bankruptcy court has authority to award reasonable attorney fees and costs incurred on appeal in defending a judgment rendered pursuant to 11 U.S.C. Sec. 362(k) as well as fees and costs that a debtor incurred on appeal in successfully challenging an initial award made pursuant to Sec. 362(k).

Easley v. Collection Service of Nevada - filed Dec. 20, 2018
Cite as 2018 S.O.S. 17-16506
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Constitutional Law
A stipulation providing that a court has the power to enforce its terms, with the exception that a court cannot order the defendant to hire a specific number or type of staff, is not violated by an order compelling the defendant to develop and implement a plan to increase staffing in general. A district court did not abuse its discretion in issuing an order to use outside providers for the treatment of inmates where the defendants have not been able to provide treatment within the time-frame provided by a stipulation and the court considered alternative remedies. An inmate given an opportunity to participate in out-of-cell activities cannot be considered "confined" in a cell during that time even if the inmate may theoretically decide not to take advantage of the opportunity.

Parsons v. Ryan - filed Dec. 20, 2018
Cite as 2018 S.O.S. 16-17282
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Criminal Law and Procedure
Bureau of Prisons Prohibited Acts Code 203, which prohibits threatening "another" with bodily harm "or any other offense," is not unconstitutionally vague or overbroad. Code 203's prohibition on threats of bodily harm addresses legitimate penological concerns in a manner that is sufficiently narrow to satisfy constitutional concerns.

Lane v. Salazar - filed Dec. 20, 2018
Cite as 2018 S.O.S. 17-35868
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Criminal Law and Procedure
A district court did not clearly err in finding that the cash found in a bedroom–along with methamphetamine, guns, and pay-owe sheets–constituted drug proceeds. The court did not need to determine whether the occupant's father had given some of the money to the occupant since the answer had no bearing on the forfeitability of the cash. A bailor is not entitled to any money in the bailee's possession. If the full amount of the bailment was no longer in the bailee's possession, then the bailor becomes a general creditor who is not entitled to the forfeited cash. If a potential witness makes two irreconcilable statements, it does not violate due process for the prosecutor to point out that both statements cannot be true.

United States v. Hernandez-Escobar - filed Dec. 20, 2018
Cite as 2018 S.O.S. 17-50134
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Criminal Law and Procedure
Bureau of Prisons Prohibited Acts Code 203, which prohibits threatening "another" with bodily harm "or any other offense," is not unconstitutionally vague or overbroad. When read reasonably in the context of the prison setting, and limiting the phrase any other offense to criminal offenses or violations of BOP rules, Code 203 is sufficiently narrow and clear to protect inmates' First Amendment rights.

Lane v. Swain - filed Dec. 20, 2018
Cite as 2018 S.O.S. 17-55578
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
A sentence of 15 years to life for the sexual penetration of a child 10 years of age or younger is not cruel and/or unusual punishment.

People v. Gomez - filed Dec. 19, 2018, Fourth District, Div. Three
Cite as 2018 S.O.S. 6075
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Real Property
The term "lands . . . under cultivation" in Code of Civil Procedure Sec. 1021.9 refers to the character of the land, not the specific area of the land that was trespassed upon. Attorney fees need not be apportioned when incurred for representation on an issue common to both a cause of action in which fees are proper and one in which they are not allowed. There is no requirement that the trial court make an award of attorney fees in an amount that is commensurate with or in proportion to the degree of success in the litigation.

Hoffman v. Superior Ready Mix Concrete, L.P. - filed Dec. 19, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 6078
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Torts
A university has no duty to protect members of the public from the conduct of a third party at an off-campus fraternity party.

University Southern California v. Superior Court (Barenborg) - filed Nov. 27, 2018, publication ordered Dec. 19, 2018, Second District, Div. Four
Cite as 2018 S.O.S. 6084
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Modification
S.Y. v. Superior Court - filed Dec. 19, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 6093
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Modification
Department of Alcoholic Beverage Control v. Alcoholic Beverage etc. - filed Dec. 19, 2018, Third District
Cite as 2018 S.O.S. 6095
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