Civil Procedure
A child has no legally cognizable interest in his relationship with his biological parent, and he is not a proper successor in interest to her under California law, where the child was adopted by other parents as an infant.
Wheeler v. City of Santa Clara - filed July 3, 2018
Cite as 2018 S.O.S. 16-17375
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A party does not complete timely service where the party serves a notice of motion and motion to compel within the 60-day deadline, but not the supporting papers upon which the motion was based.
Weinstein v. Blumberg (Resch Polster & Berger) - filed July 17, 2018, Second District, Div. One
Cite as 2018 S.O.S. 3527
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When a child is allegedly harmed by in utero exposure to hazardous chemicals, the statute of limitations is two years, but it is tolled while the plaintiff is a minor.
Lopez v. Sony Electronics, Inc. - filed July 5, 2018
Cite as 2018 S.O.S. 3372
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A trial court abused its discretion in denying a request for a continuance where a party's expert witnesses fell ill less than two weeks before trial.
Padda v. Superior Court (GI Excellence) - filed June 11, 2018, publication ordered July 6, 2018, Fourth District, Div. Two
Cite as 2018 S.O.S. 3401
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Family Law
Family Code Sec. 4504 permits a retroactive child support credit for derivative benefits received by the child when there is no child support arrearage.
Y.H. v. M.H. - filed July 17, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 3521
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A judge considering an involuntary termination of parental rights to an Indian child is not required to consider whether continued legal custody of the child is likely to result in serious emotional or physical damage to the child. Substantial evidence supported a finding of detriment where a child's parents were addicted to opiates, did not believe that taking prescription medication was substance abuse, and were unable to meet the child's special needs while he was in their care.
In re Collin E. - filed July 2, 2018, publication ordered July 27, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 3705
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Government Law
The San Diego Superior Court's general policy of not providing official court reporters in most civil trials while permitting privately retained court reporters for parties who can afford to pay for such reporters is inconsistent with the general teaching of prior California in forma pauperis judicial decisions and the public policy of facilitating equal access to the courts. By precluding an indigent litigant from obtaining the attendance of an official court reporter (to which the litigant would be entitled without payment of a fee), while at the same time preserving the right of financially able litigants to obtain an officially recognized pro tempore court reporter, the challenged court policy creates the type of restriction of meaningful access to the civil judicial process that the relevant California in forma pauperis precedents and legislative policy render impermissible.
Jameson v. Desta - filed July 5, 2018
Cite as 2018 S.O.S. 3377
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Real Property
A showing of timely payment of taxes is a precondition to their adverse possession defense. A lump sum payment of several years' worth of delinquent property taxes did not constitute "timely" payment of taxes for purposes of Code of Civil Procedure Sec. 325(b).
McLear-Gary v. Scott - filed July 11, 2018, First District, Div. Three
Cite as 2018 S.O.S. 3457
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Torts
Civil Code Sec. 1431.2 mandates allocation of noneconomic damages in direct proportion to a defendant's percentage of fault, regardless of whether the defendant's misconduct is found to be intentional. Where an individual is subject to coercion that is incidental to an unintentional or negligent interference with civil rights, the individual must show some additional coercion, independent of that caused by the negligent interference, to establish a Bane Act violation.
B.B. v. County of Los Angeles - filed July 10, 2018, Second District, Div. Three
Cite as 2018 S.O.S. 3463
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Tax Law
The added value that a cable system operator enjoys by virtue of its possession of a right to use a public right-of-way to provide telephone and broadband services is not beyond the reach of a property tax assessment. The fee that a cable system operator paid to use a public right-of-way to provide cable modem services based on a percentage of its revenue from providing those services is not substantial evidence that the fair market value of its right to use the public right to-of-way to provide additional services should be based on the same percentage of revenue for those additional services. While the right to do business cannot be directly taxed, the assessor may, in valuing the right to use the public-rights-of-way, take into consideration the presence of the intangible assets necessary to put the possessory interest to beneficial or productive use in the operation of the cable television system.
Time Warner Cable Inc. v. County of Los Angeles - filed July 19, 2018, Second District, Div. One
Cite as 2018 S.O.S. 3607
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