eBriefs May 23, 2019

THURSDAY, MAY 23, 2019

 

Ninth U.S. Circuit Court of Appeals

Immigration Law

A Notice to Appear that is defective under Pereira v. Sessions cannot be cured by a subsequent Notice of Hearing and therefore does not terminate the residence period required for cancellation of removal.

Lopez v. Barr; filed May 22, 2019

http://sos.metnews.com/sos.cgi?0519//15-72406

Cite as 2019 S.O.S. 15-72406

 

Order

Board of Trustees Glazing Health v. Chambers; filed May 22, 2019

http://sos.metnews.com/sos.cgi?0519//16-15588

Cite as 2019 S.O.S. 15-72406

 

California Court of Appeal

Constitutional Law

If a minor has a 42 U.S.C. §1983 cause of action, the statute of limitations begins running on the minor’s 18th birthday; the minor’s birthday is excluded when calculating time and the minor has two calendar years from his birthday to file suit.

Shalabi v. City of Fontana; Fourth District, Div. Two; filed May 21, 2019

http://sos.metnews.com/sos.cgi?0519//E069671

Cite as 2019 S.O.S. 2417

 

Criminal Law and Procedure

A party was not denied due process even though the People did not serve him with a copy of the written motion and a notice of hearing by certified mail as required under Penal Code §115(f)(7) where the party was not unaware of the motion to void the deed he held, and he extensively litigated the issue. A document was a forgery where the victims signed it while believing the document was something different. A trial court has discretion to proceed under §115 without waiting for a civil suit to be resolved.

People v. Astorga-Lider; Fourth District, Div. One; filed May 2, 2019, publication ordered May 22, 2019

http://sos.metnews.com/sos.cgi?0519//D073992

Cite as 2019 S.O.S. 2419

 

Trusts

While a trust cannot act in its own name and must always act through its trustee, a trust is a “person” that may associate in a partnership under the Uniform Partnership Act of 1994.

Han v. Hallberg; Second District, Div. Eight; filed May 21, 2019

http://sos.metnews.com/sos.cgi?0519//B268380

Cite as 2019 S.O.S. 2424