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  Tuesday, February 5, 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.
CALIFORNIA COURT OF APPEAL
Civil Law
Code of Civil Procedure Sec. 473(b)'s mandatory provision is only mandatory if the trial court does not find that the default or dismissal was not caused by the attorney's mistake, inadvertence, surprise, or neglect. A party's disclosure of the existence of privileged communications, but not the content of the communications, does not waive the privilege.

Darab N. v. Olivera - filed Feb. 4, 2019, Second District, Div. One
Cite as 2019 S.O.S. 631
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Criminal Law and Procedure
The system of public schools, although administered through local districts, is one state system, and the state was therefore entitled to restitution for a defendant's conduct which caused an interruption of school attendance.

People v. Landen - filed Feb. 4, 2019, Second District, Div. Six
Cite as 2019 S.O.S. 635
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Employment Law
Since on-call shifts burden employees, an employer violates wage order No. 7-2001 by requiring employees to contact the employer two hours before on-call shifts but not compensating the employees unless they are instructed to come in to work.

Ward v. Tilly's - filed Feb. 4, 2019, Second District, Div. Three
Cite as 2019 S.O.S. 638
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Family Law he purpose of Family Code Sec. 3025.5(a) is to protect the privacy of the child and to encourage candor on the part of those participating in the evaluation. Statements made to the evaluator and the evaluator's conclusions about parental abuse and the nature of the relationship between parent and child are well within the protection of the statute. While Sec. 3025.5 carries no penalty for its violation, Sec. 3111 protects both the written evaluator report and the information in the report. An attorney can violate Sec. 3111 by intentionally asking questions that disclosed highly personal information about the child and her family. The litigation privilege does not apply to sanctions imposed by the trial court.

In re Marriage of Anka & Yeager - filed Feb. 4, 2019, Second District, Div. Six
Cite as 2019 S.O.S. 651
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Healthcare Law
A hospital cannot avoid its obligation to provide notice and a hearing before terminating a doctor's ability to practice in the hospital by directing the medical group employing the doctor to refuse to assign the doctor to the hospital.

Economy v. Sutter East Bay Hospitals - filed Feb. 4, 2019, First District, Div. Four
Cite as 2019 S.O.S. 654
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Modification
People v. Marquez - filed Feb. 4, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 660
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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
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