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  Wednesday, January 23, 2019  
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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.
NINTH U.S. CIRCUIT COURT OF APPEALS
Torts
Allegations that an international importer submitted fraudulent documents to U.S. customs officials in order to evade applicable anti-dumping duties and then sell its products at less than fair value were insufficient to state a viable claim under the Racketeer Influenced and Corrupt Organizations Act. Allegations that a company recruited domestic garlic growers to file sham administrative review requests with the U.S. Department of Commerce to determine whether its competitors were being subjected to appropriate antidumping duties adequately alleged proximate cause to support a RICO violation with respect to damages for expenses incurred in responding to the Department of Commerce's administrative review.

Harmoni International Spice, Inc. v. Hume - filed Jan. 23, 2019
Cite as 2019 S.O.S. 17-55926
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CALIFORNIA COURT OF APPEAL
Civil Procedure
A foreign manufacturer purposefully availed itself of the privilege of doing business in California by making direct sales of its consumer products to distributors based in California. A claim need not arise directly from the defendant's forum contacts in order to be sufficiently related to the contact to warrant the exercise of specific jurisdiction. As long as the claim bears a substantial connection to the nonresident's forum contacts, the exercise of specific jurisdiction is appropriate.

Jayone Foods v. Aekyung Industrial Company, Ltd. - filed Jan. 22, 2019, Second District, Div. Seven
Cite as 2019 S.O.S. 352
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Civil Procedure
A party's use of surreptitiously recorded conversations with a business associate during an arbitration proceeding is not a protected activity for purposes of the anti-SLAPP law.

Zhang v. Jenevein - filed Jan. 2, 2019, publication ordered Jan. 23, 2019, Second District, Div. Seven
Cite as 2019 S.O.S. 360
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Constitutional Law
The California State University at San Marcos is not a "person" subject to suit under 42 U.S.C. Sec. 1981 and 1983. Although minor or trivial actions that merely upset a college athlete are not actionable, a court must consider the totality of circumstances in determining whether an athlete was deprived the terms, conditions, or privileges of participation on a team by being denied the opportunity to participate in an environment free from discrimination, harassment, or retaliation.

Mackey v. Board of Trustees of the California State University - filed Jan. 23, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 365
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Criminal Law and Procedure
Penal Code Sec. 4532(b)(1) applies to a prisoner who has escaped from actual, rather than constructive, custody.

People v. Taggart - filed Jan. 23, 2019, Fifth District
Cite as 2019 S.O.S. 380
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Government Law
A government agency's right to access privately-held records is insufficient to establish constructive possession for purposes of the California Public Records Act.

Anderson-Baker v. Superior Court (City of Los Angeles) - filed Jan. 22, 2019, Second District, Div. Seven
Cite as 2019 S.O.S. 388
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Employment Law
The implied taxpayer privilege does not preclude an employee from speaking up when she discovers that her employer is filing incorrect returns, nor does it preclude a wrongful termination claim if the employee is discharged for doing so. The prosecution of such a claim does not require the forced production of the employer's returns or of the content of its returns. California Revenue and Taxation Code Sec. 7056.6 does not prohibit an employee from asserting to its employer that the employer is not paying a tax that is due, much less from bringing a wrongful discharge claim if the assertion led to the employee's discharge.

Siri v. Cutter Home Winery, Inc. - filed Jan. 23, 2019, First District, Div. Four
Cite as 2019 S.O.S. 393
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