eBriefs Header
  Wednesday, January 9, 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.
Consumer Protection
The Federal National Mortgage Association is not a "consumer reporting agency" within the meaning of the Fair Credit Reporting Act because it does not regularly engage in the practice of assembling or evaluating consumer information.

Zabriskie v. Federal National Mortgage Association - filed Jan. 9, 2019
Cite as 2019 S.O.S. 17-15807
Full text click here
Criminal Law and Procedure
A search incident to a lawful arrest does not necessarily need to follow the arrest to comport with the Fourth Amendment. The justifications for the search incident to a lawful arrest exception do not lose any of their force in the context of a search performed by an officer who has probable cause to arrest and shortly thereafter does effect an arrest, so long as the search was incident to and preceding a lawful arrest. A search incident to a lawful arrest may occur before the arrest itself, even if the crime of arrest is different from the crime for which probable cause existed. The smell of fresh and burnt marijuana in a defendant's car, along with plastic baggies in the glove compartment, and the defendant's unusual search of the glove compartment, indicated a fair probability that the defendant had committed, or was about to commit, the offense of marijuana transportation. A search of a defendant's vehicle was justified under the automobile exception to the warrant requirement when an officer approaching the car immediately smelled a combination of burnt and fresh marijuana.

United States v. Johnson - filed Jan. 9, 2019
Cite as 2019 S.O.S. 17-10252
Full text click here
Immigration Law
The crime of robbery under California Penal Code Sec. 211 robbery qualifies as a generic theft offense under 8 U.S.C. Sec. 1101(a)(43)(G), and thus is an aggravated felony under 8 U.S.C. Sec. 1227(a)(2)(A)(iii).

United States v. Martinez-Hernandez - filed Jan. 9, 2019
Cite as 2019 S.O.S. 16-50423
Full text click here
Criminal Law and Procedure
If the only reason a defendant cannot pay a fine and fees is her poverty, using the criminal process to collect a fine she cannot pay is unconstitutional.

People v. Duenas - filed Jan. 8, 2019, Second District, Div. Seven
Cite as 2019 S.O.S. 163
Full text click here
Government Law
A public entity cannot be held vicariously liable for actions of its employees that are actually acts of the entity itself, albeit performed by necessity by employees or agents. Vicarious liability depends on the employee being independently liable for the act, the entity becoming liable because the employee's act was taken within the scope of his or her employment.

Yee v. Superior Court (Thrivent Financial for Lutherans) - filed Jan. 8, 2019, First District, Div. Two
Cite as 2019 S.O.S. 169
Full text click here
Constitutional Law
There is no violation of the Unruh Civil Rights Act or Americans with Disabilities Act when a restaurant or bar fails to provide auxiliary aids to a patron who, because of a disability, is unable to enjoy background music being played over a speaker system.

Martinez v. California Pizza Kitchen, Inc.; Superior Court of California, County of San Bernardino - filed Nov. 20, 2018
Cite as 2019 S.O.S. 174
Full text click here
MyCase is an affordable, intuitive and powerful legal case management software designed for the modern law firm. Give your law firm the advantage of a complete case management software solution – get organized with contacts, calendars, cases, documents, time tracking, and billing. MyCase also includes a first of its kind integrated client portal so everyone stays informed and connected. Los Angeles County Bar Association members get a 10% lifetime discount. Start your free trial today!

read more
LACBA members receive discounts on Metropolitan News Company publications and services. For more information, contact Vahn Babigian at (213) 346-0033 or go to http://www.metnews.com/info.html
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: www.adobe.com//products/acrobat/readstep.html
Problems or comments?
Email us at ebriefs@lacba.org
© 2019 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 © 2019, all rights reserved.