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  Friday, January 25, 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
Employment Law
California overtime law does not apply to an employee working under a qualifying collective bargaining agreement.

Curtis v. Irwin Industries, Inc. - filed Jan. 25, 2019
Cite as 2019 S.O.S. 16-56515
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
A defendant's waiver of the right to appeal a stipulated sentence does not waive the right to appeal future sentencing error based on a change in the law of which he was unaware of at the time he entered his plea.

People v. Wright - filed Jan. 25, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 425
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Criminal Law and Procedure
Senate Bill 1437 cannot be applied retroactively to nonfinal convictions on direct appeal. A defendant must file a Penal Code Sec. 1170.95 petition in the trial court to seek retroactive relief under Senate Bill 1437.

People v. Martinez - filed Jan. 24, 2019, Second District, Div. Five
Cite as 2019 S.O.S. 428
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Real Property
Civil Code Sec. 1009 does not prohibit the granting of a prescriptive easement to access to a public recreational area where the easement was appurtenant to a neighbor's property. There is no authority to support the idea that persons paying to stay on a property cannot benefit from such an easement.

Ditzian v. Unger - filed Jan. 24, 2019, First District, Div. Five
Cite as 2019 S.O.S. 432
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Modification
McCorkle Eastside Neighborhood Group v. City of St. Helena - filed Jan. 25, 2019, First District, Div. Five
Cite as 2019 S.O.S. 436
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