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  Monday, February 4, 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
Immigration Law
The appellate courts are bound by the U.S. Supreme Court's determination that the phrase "crime involving moral turpitude" is not unconstitutionally vague. Recent caselaw did not reopen inquiry into the constitutionality of the phrase. An alien's Washington conviction for communicating with a minor for immoral purposes is a crime of moral turpitude.

Islas-Veloz v. Whitaker - filed Feb. 4, 2019
Cite as 2019 S.O.S. 15-73120
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Order
NAAAOM v. Charter Communications, Inc. - filed Feb. 4, 2019
Cite as 2019 S.O.S. 17-55723
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Order
NAAAOM v. Comcast Corporation - filed Feb. 4, 2019
Cite as 2019 S.O.S. 16-56479
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CALIFORNIA SUPREME COURT
Criminal Law and Procedure
Probable cause supported the issuance of a search warrant where law enforcement had information suggesting defendant may have lied about retrieving his motorhome, he left in a hurried manner, he displayed an unusual amount of cooperativeness upon his return, a search and rescue dog displayed an interest in defendant's garage, and his statement that was inconsistent with information provided by a murder victim's mother. A juror's equivocal and conflicting responses regarding her ability to be fair and impartial in this case did not warrant her excusal for cause given the trial judge's decision to credit the juror's final affirmative statement that she could be fair and impartial. A defendant's failure to cite pretrial publicity as a basis for his requests for additional peremptory challenges forfeited his claim on appeal. A trial court's decision whether to sequester a jury is subject to an abuse of discretion standard of review. A defendant "opened the door" to the admission of the other pornography evidence by asserting that the pornography in his collection did not reflect a particular sexual interest in young girls.

People v. Westerfield - filed Feb. 4, 2019
Cite as 2019 S.O.S. 551
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Criminal Law and Procedure
During voir dire for a capital case, attorneys may inquire about a jury candidate's broader death penalty views and take them into account when exercising peremptory challenges, but those broader views, even if leaning significantly toward one side or the other, will not support a challenge for cause unless they would substantially impair the ability to serve. A juror willing to act in conformance with statutory mandates, able to openly and honestly consider both sentencing alternatives, may well identify different levels of culpability for different participants in the same events. That a juror can do so is not grounds for disqualification. Although a prospective juror's views might lead him to vote against death under particular unrelated facts, views of that nature alone do not support a challenge for cause. Even a juror who might find it very difficult to vote to impose the death penalty is not necessarily substantially impaired unless he was unwilling or unable to follow the court's instructions in determining the appropriate penalty.

People v. Armstrong - filed Feb. 4, 2019
Cite as 2019 S.O.S. 588
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Civil Procedure
The anti-SLAPP statute protects defendants' statements only to the extent the statements themselves constitute the wrongs giving rise to the complaint. Statements unrelated to an issue considered by a city council, or that were made before the issue came under the council's consideration, do not satisfy the requirements of Code of Civil Procedure Sec. 425.16(e)(2). While the building of a sports stadium to attract a professional sports team is an issue of public interest, conversations related to who should be responsible for the ordinary functions associated with representing the city in the negotiations are not a matter of public interest.

Rand Resources, LLC v. City of Carson - filed Feb. 4, 2019
Cite as 2019 S.O.S. 617
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CALIFORNIA COURT OF APPEAL
Civil Procedure
Although employment decisions generally are not acts in furtherance of the right to petition or free speech for anti-SLAPP purposes, a singer's selection of the musicians that play with him both advances and assists the performance of music, and therefore is an act in furtherance of his exercise of the right of free speech. If a musician sues the singer and the singer files an anti-SLAPP motion, any claimed illegitimacy of the singer's acts is an issue which a plaintiff must raise and support in the context of the discharge of the plaintiff's burden to provide a prima facie showing of the merits of the plaintiff's case.

Symmonds v. Mahoney - filed Feb. 1, 2019, Second District, Div. One
Cite as 2019 S.O.S. 624
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MEMBER BENEFIT SPOTLIGHT
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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

  Samantha C. Grant
Samantha Grant is a partner in Sheppard Mullin’s Labor and Employment Practice Group. She effectively and efficiently represents employers in administrative, arbitration, and trial proceedings in a wide variety of matters including single-plaintiff and class action discrimination, harassment, retaliation, and wage and hour cases, as well as breach of contract, fraud, defamation, trade secret, covenants not to compete, and unfair competition cases. Samantha’s industry, client, and substantive knowledge also make her adept at proactively advising her clients on litigation avoidance strategies, providing thoughtful advice and counseling on local, state and federal compliance matters and conducting effective management and workforce training. The insight and experience she gained while on a two-year secondment, as in-house employment counsel for a Fortune 50 company, was invaluable in her becoming a particularly pragmatic and strategic outside counsel.

Samantha serves as Vice Chair of the American Bar Association Section of Labor and Employment Law and Vice Chair of the Minority Corporate Counsel Association Advisory Board, and is a Fellow of the College of Labor and Employment Lawyers. She frequently speaks and writes on developments in the law on subject matters related to labor and employment, alternative dispute resolution, diversity and inclusion, and ethics. Among other accolades, the Daily Journal has named her to its lists of “Top Labor & Employment Lawyers in California” and “Top Women Litigators in California” and the Los Angeles Business Journal has recognized her as one of the “Most Influential Minority Lawyers.” Samantha received her Honors B.A. from the University of Toronto and her J.D. from UCLA School of Law.
 
 
 
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