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  Tuesday, January 8, 2019  
The following caselaw summaries are provided as a courtesy to Los Angeles County Bar Association members by the Metropolitan News-Enterprise www.metnews.com. Summaries from the past 90 days are archived and searchable on the LACBA Web site at www.lacba.org/news-and-publications/daily-ebriefs.
Civil Procedure
Pursuant to the Federal Arbitration Act, arbitration is a matter of contract, and courts must enforce arbitration contracts according to their terms. When the parties' contract delegates the arbitrability question to an arbitrator, a court may not override the contract, even if the court thinks that the arbitrability claim is wholly groundless.

Henry Schein v. Archer & White Sales - filed Jan. 8, 2019
Cite as 2019 S.O.S. 17-1272_7l48
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Social Security
The fee cap imposed by 42 U.S.C. Sec. 406(b)(1)(A) applies only to fees for court representation and not to the aggregate fees awarded under Sec. 406(a) and (b).

Culbertson v. Berryhill - filed Jan. 8, 2019
Cite as 2019 S.O.S. 17-773_4h25
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Criminal Law
Assuming that unlawful aliens in this country hold some degree of rights under the Second Amendment, 8 USC Sec. 922(g)(5)(A) is still constitutional under intermediate scrutiny.

U.S. v. Torres - filed Jan. 8, 2019
Cite as 2019 S.O.S. 15-10492
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Civil Procedure
Mediation costs fall within the category of costs that may be awarded in the trial court's discretion. Fees incurred for mediation that is not court-ordered are not categorically unnecessary to the conduct of the litigation.

Berkeley Cement v. Regents of the University of California - filed Jan. 7, 2019, Fifth District
Cite as 2019 S.O.S. 156
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Family Law
Family Code Sec. 7551 makes genetic testing mandatory when there is a civil proceeding wherein paternity is a relevant fact. A timely motion for genetic testing has been filed by a party and the testing would be for the child, mother, and alleged father.

County of Riverside v. Estabrook - filed Jan. 8, 2019, Fourth District, Div. Two
Cite as 2019 S.O.S. 159
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