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  Friday, February 1, 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
State officials were entitled to qualified immunity against claims that they were deliberately indifferent to a substantial risk of serious harm to a group of inmates since the alleged right to be free from heightened exposure to Valley Fever spores was not clearly established at the time the officials responded to Valley Fever outbreaks in several prisons. The African-American inmates did not have a clearly established right to be segregated from certain Central Valley prisons even though Valley Fever disproportionally affects African-Americans.

Hines v. Youseff - filed Feb. 1, 2019
Cite as 2019 S.O.S. 15-16145
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Constitutional Law
A police officer was entitled to qualified immunity against a claim he had been deliberately indifferent to a detainee by failing to immediately check on the detainee after being informed that the detainee had a history of suicide attempts and that the detainee's mother believed the detainee remained a suicide risk since the caselaw in existence as of December 2012 to establish that a reasonable officer would perceive a substantial risk of suicide under these circumstances. When a municipal defendant's motion for summary judgment is "inextricably intertwined" with issues presented in the individual officers' qualified immunity appeal, a federal appellate court may exercise pendent party appellate jurisdiction.

Horton v. City of Santa Maria - filed Feb. 1, 2019
Cite as 2019 S.O.S. 15-56339
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Criminal Law and Procedure
Circuit precedent establishing that a successful claim of post-conviction ineffective assistance of counsel can excuse a procedurally defaulted claim of ineffective assistance of appellate counsel is not reconcilable with the U.S. Supreme Court's decision in Davila v. Davis and therefore is no longer controlling.

Hurles v. Ryan - filed Feb. 1, 2019
Cite as 2019 S.O.S. 16-99007
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Criminal Law and Procedure
Second-degree assault under Washington law is overbroad when compared to the generic definition of aggravated assault because only the former encompasses assault with intent to commit a felony. Washington's assault statute is indivisible. Washington second-degree assault does not qualify as a "crime of violence" under the enumerated clause of U.S.S.G. Sec. 4B1.2. Second-degree murder under Washington law is overbroad when compared to the generic definition of murder because only the former covers felony murder. Washington's second-degree murder statute is indivisible. Washington's second-degree murder is not a "crime of violence" under the enumerated clause of Sec. 4B1.2 or under the force/elements clause of Sec. 4B1.2(a)(2).

United States v. Vederoff - filed Feb. 1, 2019
Cite as 2019 S.O.S. 17-30096
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Securities
The word "willfully," as used in 7 U.S.C. Sec. 13(a)(4) must have the traditional meaning ascribed to the term in the context of criminal prohibitions against fraud.

U.S. Commodity Futures Trading Commission v. Crombie - filed Feb. 1, 2019
Cite as 2019 S.O.S. 13-17403
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
Pursuant to Penal Coe Sec. 2085.5(a), the Department of Corrections and Rehabilitation can deduct a portion of an inmate's prison wages as long as he owes a portion of a qualifying fine and he is an inmate in a California prison.

People v. Ellis - filed Jan. 14, 2019, publication ordered Feb. 1, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 513
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Criminal Law and Procedure
A trial court is not required to grant use immunity to a prosecution witness who invokes his right of self-incrimination at trial instead of introducing the witness's preliminary hearing testimony. The prosecutor was not required to provide immunity because the defense did not establish that what it hoped to gain by cross-examination was clearly exculpatory and essential, nor was the prosecutor obligated to set forth governmental interests countervailing against a grant of immunity.

People v. Hull - filed Jan. 31, 2019, Third District
Cite as 2019 S.O.S. 515
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Family Law
The plain language of Probate Code Sec. 1510(i) and Family Code Sec. 8802(d) require a court to consolidate a guardianship proceeding with an adoption proceeding when both are simultaneously pending.

Guardianship of C.E. - filed Jan. 31, 2019, Sixth District
Cite as 2019 S.O.S. 527
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Family Law
A responding party's request for sanction-based attorney fees under Family Code Sec. 271 is not a request for "affirmative relief" for purposes of Sec. 213(a).

In re Marriage of Perow and Uzelac - filed Jan. 31, 2019, Second District, Div. Two
Cite as 2019 S.O.S. 534
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Tax Law
An assessor erred in valuing a taxpayer's leasehold interest based upon the entire fee it paid for the use and occupancy of space at an airport, as well as the exclusive concession rights it obtained under the agreement to sell merchandise on a duty-free basis.

DFS Group, L.P. v. County of San Mateo - filed Jan. 31, 2019, First District, Div. Two
Cite as 2019 S.O.S. 537
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Tax Law
Public Resources Code Sec. 5566 does not require a uniform effect or outcome from a tax, but rather uniform application.

Dondlinger v. Los Angeles County Regional Park and Open Space District - filed Jan. 31, 2019, Second District, Div. One
Cite as 2019 S.O.S. 548
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LACBA Celebrates Over 140 Years of Service to the Los Angeles Legal Community and Recognizes Past and Present Bar Leaders in Honor of Black History Month

  Nina L. Shaw
Nina Shaw is a founding partner of Del Shaw Moonves Tanaka Finkelstein & Lezcano. Her practice is in the television, motion picture, and live stage area. A native New Yorker, Nina was born and raised in Harlem and The Bronx, educated in the New York City public school system and is a graduate of Barnard College and Columbia Law School. Among her clients are successful and award winning actors, writers, producers and directors as well as entrepreneurs and entertainment executives. She began her legal career in the Entertainment Department of the law firm of O’Melveny & Myers.

Nina is a Variety Dealmaker Impact honoree and has been named repeatedly to The Hollywood Reporter’s “Women in Entertainment Power 100” list. She is a recipient of the WIF Crystal Award, and in 2013 was named Entertainment Lawyer of the Year by the Beverly Hills Bar Association. Most recently, she was honored by Essence Magazine with its 2016 Black Women in Hollywood Power Award, and also in 2016 Nina was profiled in the New York Times: “She’s the Hollywood Power Behind Those Seeking a Voice.”

Nina has a long-standing commitment to the education of children and in particular is an advocate for the education of girls and women. She is currently Vice President of the Board of Directors of the Independent School Alliance for Minority Affairs. Additionally, Nina is among the founding organizers of Time’s Up.
 
 
 
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