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  Friday, February 8, 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
Even though 18 U.S.C. 371 and Sec. 554 are not expressly mentioned in the federal forfeiture statute, Sec. 924(d)(1) authorizes the forfeiture of firearms and ammunition involved in a federal crime.

United States v. Soto - filed Feb. 8, 2019
Cite as 2019 S.O.S. 18-10070
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Order
Young v. State of Hawaii - filed Feb. 8, 2019
Cite as 2019 S.O.S. 18-10070
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CALIFORNIA COURT OF APPEAL
Administrative Law
Vehicle Code Sec. 12806(c) permits the Department of Motor Vehicles to refuse to issue or renew a driver's license to motorists who suffer from "a disorder characterized by lapses of consciousness." The requirement of a seizure or a lapse of consciousness within the last three years only applies to motorists who suffer from "any condition which may bring about recurrent lapses."

Anderson v. Shiomoto - filed Feb. 8, 2019, Fourth District, Div. Two
Cite as 2019 S.O.S. 717
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Criminal Law and Procedure
Senate Bill No. 620 does not contain language authorizing resentencing of convictions after they became final.

People v. Fuimaono - filed Feb. 8, 2019, Third District
Cite as 2019 S.O.S. 721
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Environmental Law
A challenge to a city's decision approving the removal of trees asserting violations of the city's planning and zoning law, the city's general plan, and the city's tree protection ordinance is subject to the statute of limitations in Government Code Sec. 65009(c)(1)(E). The claim asserted under the California Environmental Quality Act is governed by the statute of limitations in Public Resources Code Sec. 21167 (a) and 21167.6(a).

Save Lafayette Trees v. City of Lafayette (Pacific Gas and Electric Company) - filed Feb. 8, 2019, First District, Div. Three
Cite as 2019 S.O.S. 722
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Modification
People v. Landers - filed Feb. 7, 2019, First District, Div. Four
Cite as 2019 S.O.S. 728
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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

  Tracey A. Kennedy
Ms. Kennedy, Partner at Sheppard Mullin, is a trial attorney responsible for all aspects of employment litigation matters on behalf of employers and management, including jury and bench trials and arbitrations. An experienced trial attorney, she has tried to verdict in state and federal court employment matters such as age, race, sex, national origin, sexual orientation, and disability discrimination, as well as harassment, retaliation, and wrongful termination claims. Ms. Kennedy has also tried to verdict three wage and hour class actions.

Ms. Kennedy is a Fellow in the American College of Trial Lawyers and a Member of ABOTA.

Ms. Kennedy has lectured around the country on personnel practices, employment discrimination, retaliation, harassment, and wrongful termination.

Ms. Kennedy provides preventive counseling to clients concerning personnel and employment matters.
 
 
 
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