Civil Procedure
28 U.S. C. Sec. 1291, which provides for appeals from final judgments, does not permit review of an order denying class certification after the named plaintiffs have voluntarily dismissed their claims with prejudice.
Microsoft Corporation v. Baker - filed June 12, 2017
Cite as 2017 S.O.S. 15-457_6j37
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Denial of a motion pursuant to Code of Civil Procedure Sec. 663 to vacate its final judgment is appealable even if it raises issues that could have been litigated via an appeal of the judgment.
Ryan v. Rosenfeld - filed June 15, 2017
Cite as 2017 S.O.S. 3081
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Constitutional Law
Applying different citizenship to requirements to children of unwed fathers than children of unwed mothers violates equal protection.
Sessions v. Morales-Santana - filed June 12, 2017
Cite as 2017 S.O.S. 15-1191_2a34
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Evidence
The law firm that employed an attorney, and not the attorney, was the holder of the work product privilege. The firm had no duty to seek the ex-employee's permission before disclosing to others documents he created in the course of his employment.
Tucker Ellis LLP v. Superior Court (Nelson) - filed June 21, 2017, First District, Div. Three
Cite as 2017 S.O.S. 3194
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Healthcare Law
Where an attorney-in-fact admitted her principal to a residential care facility for the elderly, a "health care" decision was made which, under the Power of Attorney Law, was unauthorized.
Please note that the Court of Appeal docket states that "on the court's own motion, the submission of the case and the decision
filed on June 14, 2017, are vacated. Appellants' petition for rehearing is denied as moot. The matter will be heard
at the next available calendar."
Hutcheson v. Eskaton Fountainwood Lodge - filed June 14, 2017, Third District
Cite as 2017 S.O.S. 3066
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Real Property
The anti-deficiency judgment statute does not prevent the junior lienholder from enforcing the junior debt obligation when the senior lienholder conducts a trustee's sale and thus extinguishes the junior lienholder's security interest.
Black Sky Capital v. Cobb - filed June 13, 2017, Fourth District, Div. Two
Cite as 2017 S.O.S. 3074
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Civil Code Sec. 1009, limiting implied dedications of private property to public use, applies to property used by the public for nonrecreational vehicle access.
Scher v. Burke - filed June 15, 2017
Cite as 2017 S.O.S. 3085
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Eviction of a tenant from a federally subsidized unit was not justifiable based on tenant's criminal activities or drug use on the premises where the 60-day notice did not specify those grounds. Federal regulations require notice and an opportunity to cure the violation before the tenant can be evicted.
The CBM Group v. Llamas; Superior Court of California, County of Fresno - filed April 5, 2017
Cite as 2017 S.O.S. 3251
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Taxation
Consents signed by a taxpayer-partner to extend the statute of limitations for the assessment of tax attributable to a partnership item were not invalid based upon alleged conflict of interest or duress.
Birch Ventures, LLC v. United States - filed June 7, 2017
Cite as 2017 S.O.S. 15-15551
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Entities that are disregarded for federal tax purposes may nevertheless constitute pass-through partners under 26 U.S.C. Sec. 6231(a)(9), such that their partnership is not eligible for the small-partnership exception contained in Sec. 6231.
Seaview Trading, LLC v. Commissioner of Internal Revenue - filed June 7, 2017
Cite as 2017 S.O.S. 15-71330
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A county may, under Revenue & Taxation Code Sec. 11911, impose a documentary transfer tax on a written instrument that transfers beneficial ownership of real property from one person to two others if the document reflects a sale--that is, an actual transfer of legal beneficial ownership made for consideration.
926 North Ardmore Avenue, LLC v. County of Los Angeles - filed June 29, 2017
Cite as 2017 S.O.S. 3293
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Torts
A plaintiff may not maintain an action under an elder abuse statute where his claim is based on a derivative right belonging to a limited liability corporation.
Hilliard v. Harbour - filed June 16, 2017, First District, Div. Two
Cite as 2017 S.O.S. 3145
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A trustee's acts in recording a notice of default, a notice of sale, and a trustee's deed upon sale in the course of a nonjudicial foreclosure are privileged under Civil Code Sec. 47.
Schep v. Capital One - filed June 26, 2017, Second District, Div. Two
Cite as 2017 S.O.S. 3262
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Trusts and Estates
That elderly plaintiffs intended to gift certain funds to their children did not preclude an action for financial abuse of an elder with respect to those funds.
Mahan v. Charles W. Chan Insurance Agency - filed June 2, 2017, First District, Div. Four
Cite as 2017 S.O.S. 2887
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