eBriefs June 4, 2019



U.S. Supreme Court

Bankruptcy Law

A court may hold a creditor in civil contempt for violating a discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.

Taggart v. Lorenzen; filed June 3, 2019


Cite as 2019 S.O.S. 18-489


Criminal Law and Procedure

Pretrial detention later credited as time served for a new conviction is “imprison[ment] in connection with a conviction” and thus tolls the supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.

Mont v. United States; filed June 3, 2019


Cite as 2019 S.O.S. 17-8995


Employment Law

The charge-filing requirement in Title VII of the Civil Rights Act of 1964 is a nonjurisdictional claim-processing rule.

Fort Bend County v. Davis; filed June 3, 2019


Cite as 2019 S.O.S. 18-525


Government Law

The government’s change to the Medicare program that retroactively reduced payments to hospitals serving low-income patients, without having first providing public notice and a chance to comment, cannot stand.

Azar v. Allina Health Services; filed June 3, 2019


Cite as 2019 S.O.S. 17-1484


Ninth U.S. Circuit Court of Appeals

Criminal Law and Procedure

The provisions of 18 U.S.C. § 3196 do not amend or conflict with the extradition treaty between the United States and the Czech Republic; a defendant’s Czech conviction for attempted extortion qualifies as an extraditable offense.

United States v. Knotek; filed June 3, 2019


Cite as 2019 S.O.S. 17-55572


California Supreme Court

Criminal Law and Procedure

A defendant who was convicted of felony grand theft and street terrorism was entitled to have his street terrorism conviction dismissed after his theft conviction was reduced to a misdemeanor under Proposition 47 since the resentencing eliminated the felonious conduct that was an essential element of the street terrorism offense.

People v. Valenzuela; filed June 3, 2019


Cite as 2019 S.O.S. 2587


Criminal Law and Procedure

A sentenced prisoner whose conviction is final can seek the remedy of evidence preservation pursuant to Penal Code §1203.01; a court has inherent authority under Code of Civil Procedure §187 to authorize additional evidence preservation too.

In re Cook; filed June 3, 2019


Cite as 2019 S.O.S. 2596


California Court of Appeal

Civil Procedure

The Uniform Voidable Transactions Act does not preclude a party from bringing a common law fraudulent transfer claim. Consequential and punitive damages are not barred by the Enforcement of Judgments Law.

Berger v. Varum; First District, Div. One; filed May 31, 2019


Cite as 2019 S.O.S. 2603


Criminal Law and Procedure

A defendant with a burglary conviction under Penal Code §459 for using explosives to blow open an ATM machine is not eligible for resentencing as shoplifting.

People v. Osotonu; First District, Div. Four; filed May 31, 2019


Cite as 2019 S.O.S. 2608


Criminal Law and Procedure

The mental health diversion law does not apply to juveniles in delinquency proceedings.

In re J.M.; First District, Div. Three; filed May 31, 2019


Cite as 2019 S.O.S. 2610


Real Property

A judgment lien on real property is created by recording an abstract of a money judgment with the county recorder, and upon recording, the lien automatically attaches to all real property the judgment debtor owns within that county; a lien is not void if the abstract is recorded by a corporation while its corporate powers were suspended because a corporation can retroactively validate unauthorized actions taken during a suspension by correcting the condition causing the suspension and applying for a certificate of revivor; recording the abstract of judgment is a procedural act that is retroactively validated once a suspended corporation’s powers are reinstated.

Longview International v. Stirling (Catambay); Sixth District; filed May 31, 2019


Cite as 2019 S.O.S. 2614