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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The safe harbor provision from Code of Civil Procedure Sec. 128.7(c)(1) applies to a former Sec. 128.5 sanctions motion.
CPF Vaseo Associates, LLC v. Gray - filed Dec. 6, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 5796
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Constitutional Law
Montana's restructuring of the formula for calculating the rate at which state-approved agency franchise stores could purchase liquor from the state did not violate the Contracts Clause because the state did not eliminate the stores' remedy for breach of its contract with the state.
LL Liquor, Inc. v. State of Montana - filed Dec. 28, 2018
Cite as 2018 S.O.S. 17-35405
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Evidence Law
Disqualification of counsel is not an appropriate remedy for a violation of the attorney-client privilege if the violation resulted in no actual disclosure of relevant information likely be used advantageously against an adverse party during the course of the litigation.
City of San Diego v. Superior Court (Hoover) - filed Dec. 19, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 6052
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Family Law
Where the parties' spousal support settlement agreement reflected an understanding that the wife's recent earnings history included a pattern of increases, future increases consistent with this pattern would not amount to changed circumstances sufficient to justify a modification of spousal support, but a dramatic one-year leap in earnings constitutes a material change in circumstances such that a court could consider modification of her spousal support obligations. A trial court abused its discretion in fashioning a modification that failed to incorporate the parties' demonstrated understanding that the wife would have not insignificant increases in her earnings.
In re Marriage of T.C. and D.C. - filed Dec. 18, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 6057
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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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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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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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Probate Law
The definition of "transferee" as kindred in Probate Code Sec. 21110(c) applies to Sec. 21110, but the more general definition of "transferee" applies in Sec. 21111(b).
Estate of Stockird - filed Dec. 19, 2018, First District, Div. One
Cite as 2018 S.O.S. 6129
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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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Professional Responsibility
Where there is substantial evidence supporting the factual determination that the client made an informed decision to agree to a law firm's concurrent representation of themselves as well as another client with potentially adverse interests, no authority precludes a court from denying a subsequent motion to disqualify that attorney based on implied consent or holds that the absence of a written confirmation of that consent is dispositive.
Antelope Valley Groundwater Cases - filed Dec. 20, 2018, Fifth District
Cite as 2018 S.O.S. 6133
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Real Property
In an unlawful detainer action brought by a landowner who has newly acquired title to the property under a power of sale contained in a deed of trust, the landowner must perfect the title before it can serve a three-day written notice to quit on the possessor of the property.
Dr. Leevill, LLC v. Westlake Health Care Center - filed Dec. 17, 2018
Cite as 2018 S.O.S. 5945
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Tax Law
A county tax board's unexplained rejection of a property owner's evidence of a decline in value for the property, with knowledge that the assessor's valuation analysis would result in a valuation significantly lower than the enrolled value, was arbitrary, as was its decision to leave in place an enrolled value that had been repudiated by the assessor and was unsupported by any evidence.
Next Century Associates v. County of Los Angeles - filed Nov. 30, 2018, Second District, Div. One
Cite as 2018 S.O.S. 5717
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Granting a co-tenant a life estate in a tenancy-in-common interest is a "change in ownership" for property tax purposes.
Durante v. County of Santa Clara - filed Nov. 30, 2018, Sixth District
Cite as 2018 S.O.S. 5722
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The definition of "transferee" as kindred in Probate Code Sec. 21110(c) applies to Sec. 21110, but the more general definition of "transferee" applies in Sec. 21111(b).
Estate of Stockird - filed Dec. 19, 2018, First District, Div. One
Cite as 2018 S.O.S. 6129
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Trusts
Even though a decedent's estate is the named defendant in actions under Probate Code Sec. 550 through Sec. 555, it is not a party under Code of Civil Procedure Sec. 998 that must pay specified costs after rejecting a reasonable settlement offer.
Meleski v. Estate of Hotlen - filed Nov. 29, 2018, Third District
Cite as 2018 S.O.S. 5633
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