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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.
-Individual Rights-
Student was denied a "free appropriate public education" under the Individuals with Disabilities in Education Act. School district’s failure to provide educational testing data to parents violated the procedural requirements of the act, and prevented the parents from meaningfully participating in the creation of their child’s individualized education program.
     M.M. v. Lafayette School District - filed Sept. 16, 2014, amended Oct. 1, 2014
     Cite as 2014 S.O.S. 12-15769
     Full text http://www.metnews.com/sos.cgi?1014//12-15769
-Civil Procedure-
Plaintiff’s attorneys, not plaintiff, were entitled to the interest paid on court-awarded attorney fees, as well as the costs awarded.
     Hernandez v. Siegel - filed Sept. 30, 2014, First District, Div. Five
     Cite as 2014 S.O.S. 4379
     Full text http://www.metnews.com/sos.cgi?1014//A139653
-Criminal Law and Procedure-
Fingerprint impressions constitute "records of the arrest" within the meaning of Penal Code Sec. 851.8--so a defendant found factually innocent pursuant to that section is entitled to have those impressions destroyed.
     People v. Christiansen - filed Sept. 30, 2014, Second District, Div. One
     Cite as 2014 S.O.S. 4384
     Full text http://www.metnews.com/sos.cgi?1014//B252804
-Criminal Law and Procedure-
Laws imposing greater maximum punishment for oral copulation with a minor than for unlawful sexual intercourse with a minor of the same age do not violate equal protection guarantees. Legislature could have rationally determined that the oral copulation offense was more common, more difficult to detect, and more likely to be committed than the unlawful intercourse offense--even if the less common offense involved a greater risk of harm.
     People v. Fields - filed Sept. 30, 2014, First District, Div. One
     Cite as 2014 S.O.S. 4386
     Full text http://www.metnews.com/sos.cgi?1014//A135605
Department of Insurance has a mandatory duty under Insurance Code Secs. 12921.5(a), 12926, and 10291.5(b) to review a new group disability insurance policy form for compliance with the law prior to approving the policy for distribution in the state.
     Ellena v. Department of Insurance - filed Oct. 1, 2014, First District, Div. Two
     Cite as 2014 S.O.S. 4391
     Full text http://www.metnews.com/sos.cgi?1014//A137268
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© 2014 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 © 2014, all rights reserved.