eBriefs May 20, 2019

MONDAY, MAY 20, 2019


Ninth U.S. Circuit Court of Appeals

Constitutional Law

Racial discrimination claims under 42 U.S.C. § 1981 may be subjected to compulsory arbitration.

Lambert v. Tesla, Inc.; filed May 17, 2019


Cite as 2019 S.O.S. 18-15203



Martinez-Cedillo v. Barr; filed May 16, 2019


Cite as 2019 S.O.S. 14-71742


California Court of Appeal

Civil Procedure

The doctrine of res judicata precludes a vexatious litigant from filing successive prefiling requests.

Columbo v. Kinkle, Rodiger & Spriggs; Fourth District, Div. Three; filed May 16, 2019


Cite as 2019 S.O.S. 2316


Criminal Law and Procedure

A trial court is authorized to award restitution to the mother of a minor sexual assault victim based on the mother’s own psychological harm.

People v. Montiel; First District, Div. One; filed May 16, 2019


Cite as 2019 S.O.S. 2321


Criminal Law and Procedure

Penal Code §1381 does not apply to a proceeding in which the trial court imposed a specific sentence on defendant, suspended execution of that sentence, and placed defendant on probation.

People v. Smith; Second District, Div. Two; filed May 16, 2019


Cite as 2019 S.O.S. 2340


Criminal Law and Procedure

Proposition 66’s procedures for appealing the denial of a petition for a writ of habeas corpus from the Superior Court to the Court of Appeal apply to a petition originally filed with the Supreme Court prior to Proposition 66’s enactment when the Supreme Court first referred part of the case to the superior court for fact finding and then, after Proposition 66’s enactment, transferred the outstanding issues to the superior court “for adjudication.”

In re Robinson; Second District, Div. Two; filed May 16, 2019


Cite as 2019 S.O.S. 2343


Environmental Law

A landowner did not have a fundamental vested right to plant trees in an area subject to a pipeline easement granted by his predecessor where the trees interfered with access to the pipeline. A water district had authority under the Water Code to enact rules allowing it to deny water to a landowner who unreasonably interferes with the district’s use of an easement or refuses to comply with the district’s rules.

Inzana v. Turlock Irrigation District Board of Directors; Fifth District; filed April 24, 2019, publication ordered May 16, 2019


Cite as 2019 S.O.S. 2346


Family Law

Nothing in Family Code §217 requires a party to offer evidence at a motion hearing when the motion is being decided solely based on the party’s written submissions because no party has taken proper steps to present live testimony; when the parties fail to present any live testimony in support or opposition to a motion in family court, Code of Civil Procedure §2009 controls.

In re Marriage of George & Deamon; Fourth District, Div. One; filed May 17, 2019


Cite as 2019 S.O.S. 2356


Family Law

A family court commits reversible error in considering a modification of a child custody and child support order issued by an out-of-state court where a child custody proceeding had been commenced without first communicating with the out-of-state court.

In re Marriage of Kent; Fourth District, Div. One; filed May 17, 2019


Cite as 2019 S.O.S. 2360


Insurance Law

Substantial evidence supported a jury’s award of punitive damages where an employee with broad decision-making responsibility for establishing an insurance carrier’s settlement standards ignored information concerning the serious and permanent nature of an insured’s injuries in ratifying settlement offers for far less than its policy limits.

Mazik v. GEICO General Insurance Company; Second District, Div. Two; filed May 17, 2019


Cite as 2019 S.O.S. 2364