eBriefs Header
  Monday, January 28, 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
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
Full text click here
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
Full text click here
Cuero v. Kernan - filed Jan. 28, 2019
Cite as 2019 S.O.S. 12-55911
Full text click here
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
Full text click here
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
Full text click here
Casetext is a legal research platform that saves attorneys time and money through cutting-edge research tools, including artificial intelligence technology, and affordable pricing. A recent study showed that attorneys researching on Casetext spend 24.5% less time researching and find 20.8% more relevant results. The service normally costs $65/month on legal research, but LACBA members get a 15% discount, bringing it to $55.25/month.

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.