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  Monday, January 28, 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
Civil Procedure
An arbitrator exceeded his authority in finding that a party did not need to comply with the requirements of a subcontract that had incorporated the Federal Acquisition Regulation clauses governing termination for Convenience based on its belief that it was unreasonable to expect the less sophisticated contractor to comply. An arbitrator cannot disregard specific provisions of the plain text in an effort to prevent a result that the arbitrator finds to be unfair.

Aspic Engineering and Construction v. ECC Centcom Constructors LLC - filed Jan. 28, 2019
Cite as 2019 S.O.S. 17-16510
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Immigration Law
Immigration court jurisdiction is governed by federal immigration regulations which do not require that the charging document include the time and date of an alien's initial removal hearing.

Karingithi v. Whitaker - filed Jan. 28, 2019
Cite as 2019 S.O.S. 16-70885
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Order
Cuero v. Kernan - filed Jan. 28, 2019
Cite as 2019 S.O.S. 12-55911
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
Force-likely assault is not a lesser included offense of assault with a deadly weapon because, although every force-likely assault must be committed in a way that is likely to produce great bodily injury, there is a subset of assaults with deadly weapons--those committed with inherently deadly weapons--that are not necessarily likely to produce great bodily injury.

People v. Aguayo - filed Jan. 28, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 437
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Healthcare Law
When the moving party produces a competent expert declaration showing there is no triable issue of fact on an essential element of the opposing party's claims, the opposing party's burden is to produce a competent expert declaration to the contrary. A declaration that offers no reasoned explanation connecting the factual predicates to the ultimate conclusion is not enough to defeat a motion for summary judgment.

Fernandez v. Alexander - filed Jan. 28, 2019, Second District, Div. Eight
Cite as 2019 S.O.S. 442
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