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  Thursday, February 7, 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
Criminal Law and Procedure
To succeed on a claim that a district court violated the Due Process Clause by imposing a "sentence founded at least in part upon misinformation of constitutional magnitude," a defendant "must establish the challenged information is false or unreliable, and demonstrably made the basis for the sentence." Alleged misinformation that a defendant was eligible for an Armed Career Criminal Act minimum sentence cannot support a due process claim where no ACCA-related enhancement was before the district court at sentencing.

United States v. Hill - filed Feb. 7, 2019
Cite as 2019 S.O.S. 17-35719
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Order
LULAC v. Wheeler - filed Feb. 6, 2019
Cite as 2019 S.O.S. 17-71636
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CALIFORNIA SUPREME COURT
Employment Law
When an employer hires an independent payroll service provider to take over all the payroll tasks that would otherwise be performed by an internal payroll department, an employee cannot maintain a breach of contract action against the payroll company under the third party beneficiary doctrine. An allegedly underpaid employee cannot maintain tort causes of action for negligence and negligent misrepresentation against the payroll company either.

Goonewardene v. ADP - filed Feb. 7, 2019
Cite as 2019 S.O.S. 689
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CALIFORNIA COURT OF APPEAL
Civil Procedure
A defendant's challenge to a trial judge pursuant to Code of Civil Procedure Sec. 170.6 was untimely since it was filed more than 15 days after the defendant made an appearance in the action to oppose a transfer motion. Whether the case was or was not formally transferred under required procedures does not affect this conclusion.

Sunrise Financial v. Superior Court (Overland Direct) - filed Feb. 7, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 699
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Family Law
While previously reported cases have used only two different tracing methods to demonstrate a spouse's separate property was used to purchase an asset, nothing precludes trial courts from relying on any other tracing method. Trial courts are free to consider and credit reasonable, well-supported, and nonspeculative expert testimony, when determining whether the proponent has successfully traced commingled assets to a separate property source.

In re Marriage of Ciprari - filed Feb. 6, 2019, Second District, Div. One
Cite as 2019 S.O.S. 705
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Modification
People v. The North River Insurance Company - filed Feb. 6, 2019, Fifth District
Cite as 2019 S.O.S. 715
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MEMBER BENEFIT SPOTLIGHT
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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


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

  Jason R. Parnell
Jason Parnell is a Corporate Associate in the downtown Los Angeles office of Seyfarth Shaw LLP. Jason represents public and private companies, investors, institutional lenders, issuers, trustees, and investment funds in a wide variety of corporate and real estate transactions, including mergers and acquisitions, public and private offerings, private equity and financing arrangements, venture capital, asset-backed securitizations, and land acquisitions and dispositions. Prior to joining Seyfarth, Jason litigated bankruptcy, corporate restructuring, trade secret, trademark, copyright, tax, and SEC matters for a prominent national law firm.

Jason is also a published author where he has written law review articles on a variety of legal topics, including whether CEOs, franchisors, and franchisees can be held liable for making controversial political statements that harm their company’s brand name, the ongoing impact of the Financial Crisis on the franchise dealer business model of the U.S. auto industry, and the legal hurdles to doing business in a nuclear North Korea.

Beyond his legal work and writing, Jason is an active member of a number of organizations and foundations, including the Executive Committee of the Barristers Section of the Los Angeles County Bar Association (LACBA), the Board of Directors of the LACBA Counsel for Justice, the LACBA Business and Corporations Law Section, the Corporations Committee of the State Bar of California, the Board of Directors of Sigma Beta Xi Youth Foundation, and the Alliance for Children’s Rights. For fun, Jason plays organized basketball, travels internationally, and practices Krav Maga.

Jason received his J.D./M.B.A. from the University of Florida and his B.A. from the University of California, Santa Barbara. While in law school, Jason was a national mock trial competition finalist for the University of Florida Trial Team where he presented cases and argued legal motions on a variety of civil and contractual disputes. Jason also served as a judicial extern for three different courts where he performed research and drafted orders on a variety of federal and state issues, including commercial contract disputes, piercing the corporate veil, Ponzi schemes, and corporate fraud.
 
 
 
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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