LACBA Daily EBriefs of December 11, 2012
By: LACBA on Dec 12, 2012 05:47:01 PM

D A I L Y C A S E L A W S U M M A R I E S

The following caselaw summaries are provided as a courtesy to Los Angeles County Bar Association members by the Metropolitan News-Enterprise http://www.metnews.com. Summaries from the past 90 days are archived and searchable on the LACBA Web site at http://www.lacba.org/dailyebriefs.

NINTH U.S. CIRCUIT COURT OF APPEALS

-Criminal Law and Procedure-
Although Federal Rule of Criminal Procedure 11 and its state analogs require that a plea be supported by a factual basis, state courts are under no federal constitutional obligation to find it. Therefore, where a defendant’s "no contest" plea was knowing and voluntary, he is not entitled to habeas relief even though he did not make his plea under Alford or a state analog.
Loftis v. Almager - filed December 11, 2012
Cite as 09-16884
Full text http://www.metnews.com/sos.cgi?1212//09-16884

-Real Property-
Borrowers’ letters challenging the monthly payment due on their loan were not "qualified written requests" triggering the servicer’s duty to respond under 12 U.S.C. Sec. 2605, because the letters did not seek information relating to the servicing of the loan but rather challenged its terms.
Medrano v. Flagstar Bank, FSB - filed December 11, 2012
Cite as 11-55412
Full text http://www.metnews.com/sos.cgi?1212//11-55412

-Order-

Verdugo v. Target - filed December 11, 2012
Cite as 10-57008
Full text http://www.metnews.com/sos.cgi?1212//10-57008

CALIFORNIA COURT OF APPEAL

-Civil Procedure-
Preliminary injunction was proper in a civil suit based upon felony lewd conduct charges to which the defendant had pled no contest. Defendant’s due process was not violated by his inability to respond to plaintiff’s motion without waiving his privilege against self-incrimination in ongoing criminal proceedings.
Oiye v. Fox - filed December 11, 2012, Sixth District
Cite as H036065
Full text http://www.metnews.com/sos.cgi?1212//H036065

-Civil Procedure-
Court committed prejudicial error by rejecting defendant’s request to instruct jury that it was entitled to exercise its business judgment when considering whether to employ a pregnant applicant.
Veronese v. Lucasfilm, Ltd. - filed December 10, 2012, First District, Div. Two
Cite as A131660
Full text http://www.metnews.com/sos.cgi?1212//A131660

-Criminal Law and Procedure-
Defendant’s Miranda rights were not violated where he did not unambiguously invoke his right to remain silent but merely expressed momentary frustration, nor did defendant establish under the totality of the circumstances that his will was overborne such that his admissions must be deemed involuntary.
People v. Thomas - filed December 11, 2012, Fourth District, Div. One
Cite as D057485A
Full text http://www.metnews.com/sos.cgi?1212//D057485A

-Criminal Law and Procedure-
Vacation of defendant’s plea agreement was proper where defendant violated her obligation to testify truthfully about her own involvement, even though her untruths had no bearing on the outcome of her codefendant’s trial.
People v. Peterson - filed November 14, 2012, publication ordered December 11, 2012, Third District
Cite as C068893
Full text http://www.metnews.com/sos.cgi?1212//C068893

-Labor and Employment Law-
Substantial evidence supported trial court’s finding that strenuous duties--such as making forcible arrests and chasing fleeing suspects--are essential functions, within the meaning of the FEHA, of administrative positions that plaintiff police officer sought--after suffering a heart attack and being diagnosed with multiple heart-related conditions that were incompatible with such duties. Even though officers in administrative positions are not frequently required to engage in such activities, the strenuous duties are essential functions of the positions where the police department has a legitimate need to be able to deploy officers in those positions in the event of emergencies and other mass mobilizations.
Lui v. City and County of San Francisco - filed December 11, 2012, First District, Div. Five
Cite as A131882
Full text http://www.metnews.com/sos.cgi?1212//A131882

-Real Property-
Fish and Game Department’s failure to comply with its obligation to post "no hunting" signs on property did not extinguish its conservation easement, nor was the department’s prohibition of all hunting on the property inconsistent with the statutes governing same.
Wooster v. Department of Fish and Game - filed November 26, 2012, publication ordered December 11, 2012, Third District
Cite as C068816
Full text http://www.metnews.com/sos.cgi?1212//C068816

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© 2012 Los Angeles County Bar Association. The information contained in this document is intended solely for use by the person identified above. Any transmission to or copying for the benefit of another person is prohibited. Metropolitan News-Enterprise, SOS and MNC are registered trademarks of the Metropolitan News Company. Summaries are copyrighted by, Metropolitan News Company © 2012, all rights reserved.

 

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