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  Thursday, January 31, 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
Constitutional Law
A plaintiff was entitled to an injunction on the enforcement of an ordinance that requires health warnings on advertisements for certain sugar-sweetened beverages since it would likely succeed on the merits of its claim that the ordinance might offend the First Amendment by chilling protected commercial speech.

American Beverage Association v. City & County of San Francisco - filed Jan. 31, 2019
Cite as 2019 S.O.S. 16-16072
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Torts
There is no minority tolling of the Federal Tort Claims Act's statute of limitations, and minority alone does not merit equitable tolling of the FTCA's statute of limitations.

Booth v. United States - filed Jan. 31, 2019
Cite as 2019 S.O.S. 16-17084
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Order
Ellis v. Harrison - filed Jan. 30, 2019
Cite as 2019 S.O.S. 16-56188
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
A defendant cannot be convicted of attempting to deter and resisting an executive officer in the performance of his duties under Penal Code Sec. 69 if the prosecution cannot prove beyond a reasonable doubt that the defendant knew the person whom he attempted to deter was an executive officer.

People v. Atkins - filed Jan. 30, 2019, Sixth District
Cite as 2019 S.O.S. 482
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Employment Law
Co-employers have equal obligations to comply with laws governing wages, meals and rest breaks. A nonsignatory to an arbitration agreement can compel arbitration of a worker's labor law claims if the worker has agreed to arbitrate "all disputes that may arise within the employment context" and the worker is asserting claims rooted in an employment relationship with a co-employer who was a signatory.

Vasquez v. San Miguel Produce (Employer's Depot) - filed Jan. 3, 2019, publication ordered Jan. 30, 2019, Second District, Div. Six
Cite as 2019 S.O.S. 489
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Environmental Law
The same bifurcated standard of review applicable to an agency's determination with respect to the "unusual circumstances" exception to the categorical exemptions of the California Environmental Quality Act guidelines also applies to the "location" exception. A municipal code ordinance requiring an administrative use permit for "the addition of a fifth bedroom to a parcel" requires a permit only when a bedroom is being added to an existing structure containing four bedrooms.

Berkeley Hills Watershed Coalition v. City of Berkeley (Wadlund) - filed Jan. 30, 2019, First District, Div. One
Cite as 2019 S.O.S. 492
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Taxation
Revenue and Taxation Code Sec. 51.5(a) addresses when an assessor is obligated to "correct" a nonjudgmental error. It has no effect on a taxpayer's ability to seek a refund of erroneously collected taxes and it does not trump limits that Sec. 80 places on that ability. The prospective assessment limit in Sec. 80 does not run afoul of Article II of the California Constitution.

Harmony Gold U.S.A. v. County of Los Angeles - filed Jan. 3, 2019, publication ordered Jan. 30, 2019, Second District, Div. One
Cite as 2019 S.O.S. 498
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Trusts
Language in a trust requiring that a trustee distribute the balance of each beneficiary's trust upon the beneficiary's attainment of the age of 30 conveyed the trustor's unambiguous intent that the trust be distributed and terminated when all of the beneficiaries reach 30 years of age. However, the trust unambiguously granted the trustee discretion regarding the method of distribution of the trust assets since the trust said the trustee could partition, allot and distribute the trust estate in undivided interests or in kind, or partly in money and partly in kind, at valuations determined by the trustee, or sell such property as the trustee may deem necessary to make division or distribution.

Trolan v. Trolan - filed Jan. 30, 2019, Sixth District
Cite as 2019 S.O.S. 505
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