eBriefs June 6, 2019



Ninth U.S. Circuit Court of Appeals

Civil Procedure

A party held in civil contempt for violating a preliminary injunction cannot obtain immediate appellate review because no final judgment had been entered. Although a non-party could ordinarily take an immediate appeal from a civil contempt sanction, such an appeal is not available where there is a “substantial congruence” of interests between the non-party and a party; such a congruence will generally exist when the liability of both a party to the action and the non-party arises from the same course of conduct, particularly if liability has been imposed on them jointly and severally.

National Abortion Federation v. Center for Medical Progress; filed June 5, 2019


Cite as 2019 S.O.S. 17-16622


Civil Procedure

A class must be decertified when the class representatives are found to lack standing as to their individual claims; by failing to challenge the district court’s standing determination, a plaintiff waives its right to challenge that determination.

NEI Contracting & Engineering v. Hanson Aggregates Pacific SW; filed June 5, 2019


Cite as 2019 S.O.S. 16-56498


Criminal Law and Procedure

Police officers lacked reasonable suspicion that criminal activity was afoot before stopping and frisking a defendant where the police did not receive a reliable tip, there was no reasonable inference of criminal behavior, no police initiative to investigate a particular crime in an identified high crime area, and the defendant took flight without any previous attempt by the officers to speak with him.

United States v. Brown; filed June 5, 2019


Cite as 2019 S.O.S. 17-30191


California Court of Appeal

Criminal Law and Procedure

Even before People v. Dueñas recognized that due process requires consideration of a defendant’s ability to pay a fine before a fine can be imposed, a defendant had every incentive to object to imposition of a maximum restitution fine based on inability to pay; a defendant’s failure to assert his statutory right to request that the court consider his ability to pay in setting the restitution fine forfeited the issue.

People v. Gutierrez; Fourth District, Div. One; filed June 4, 2019


Cite as 2019 S.O.S. 2616


Insurance Law

A policy exclusion in an additional insured endorsement for damage to “property in the care, custody or control of the additional insured” requires exclusive or complete control.

McMillin Homes Construction v. National Fire & Marine Insurance Company; Fourth District, Div. One; filed June 5, 2019


Cite as 2019 S.O.S. 2622



Mercury Insurance Company v. Lara; Fourth District, Div. Three; filed June 4, 2019


Cite as 2019 S.O.S. 2629



People v. Warner; Third District; filed June 4, 2019


Cite as 2019 S.O.S. 2630