Los Angeles County Bar Association • daily ebriefs • Friday, January 25, 2013
By: Los Angeles County Bar Association on Jan 26, 2013 04:18:42 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
   
-Order-

     Sachs v. Republic of Austria - filed January 25, 2013
     Cite as 1115458ebo
     Full text http://www.metnews.com/sos.cgi?0113//1115458ebo
 
CALIFORNIA COURT OF APPEAL
   
-Civil Procedure-
Class certification was properly denied where plaintiff’s proposed class included bank customers whose accounts were lawfully debited with setoffs. Bank was not estopped by statements about two-account setoffs made before the state supreme court where such statements were not duplicitous or manipulative, and it did not appear that they had anything to do with the bank’s victory.
     Miller v. Bank of America, N.A. - filed January 25, 2013, First District, Div. Three
     Cite as A132323
     Full text http://www.metnews.com/sos.cgi?0113//A132323
 
-Civil Procedure-
Claims under Business and Professions Code Sec. 7031 fall within the public policy exception to the general prohibition of judicial review of arbitration awards. Sec. 7031 constitutes a clear-cut and explicit legislative expression of public policy mandating the disgorgement of compensation received by an unlicensed contractor.
     Ahdout v. Hekmatjah - filed January 25, 2013, Second District, Div. Four
     Cite as B236764
     Full text http://www.metnews.com/sos.cgi?0113//B236764
 
-Criminal Law and Procedure-
When the imposition of a felony sentence is suspended, only two restitution fines need be imposed: a Penal Code Sec. 1202 (b)(1) restitution fine and a Sec. 1202.44 probation revocation restitution fine, which must be imposed and stayed. Imposition of a third fine under Sec. 1202.45 for parole restitution is improper.
     People v. Hunt - filed January 25, 2013, Second District, Div. Five
     Cite as B243715
     Full text http://www.metnews.com/sos.cgi?0113//B243715
 
-Family Law-
There is no guaranteed right to counsel in dissolution proceedings in which the custody of a minor child is not at stake; therefore, there can be no ineffective assistance of counsel in such proceedings. Tentative ruling in dissolution proceedings is not a final appealable order until the clerk gives notice of entry of a judgment of dissolution using form FL-190, even if a party and the judge have treated it as such for purposes of a motion for a new trial.
     In re Marriage of Campi - filed January 24, 2013, First District, Div. Four
     Cite as A134030
     Full text http://www.metnews.com/sos.cgi?0113//A134030
 
   
   
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The full text of case rulings are in PDF files and require Adobe's free Acrobat Reader to view. To download a copy go to: http://www.adobe.com/products/acrobat/readstep.html.
 
   
   
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© 2013 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 © 2013, all rights reserved.
   
   
 

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