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  Tuesday, February 12, 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 Procedure
An order denying relief under Code of Civil Procedure Sec. 473(b) is appealable. While discretionary relief under Sec. 473(b) is available for voluntary judgments and dismissals, mandatory relief provision is unavailable to undo a voluntary dismissal.

Jackson v. Kaiser Foundation Hospitals - filed Feb. 8, 2019, First District, Div. Three
Cite as 2019 S.O.S. 729
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Criminal Law and Procedure
A certificate of probable cause is not required for the issue of whether the defendant's appellate claim falls within the scope of an appellate waiver. If the defendant's claim is not within the scope of an appellate waiver, the waiver does not preclude an appellate court from considering the defendant's underlying claim. If the defendant's appellate claim falls within the scope of an appellate waiver that is part of a plea agreement, the defendant must obtain a certificate of probable cause to appeal on any ground covered by the waiver, regardless of whether the claim arose before or after the entry of the plea.

People v. Becerra - filed Feb. 11, 2019, Sixth District
Cite as 2019 S.O.S. 733
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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

Rupert A. Byrdsong   Rupert A. Byrdsong
The Honorable Rupert A. Byrdsong was appointed to the Los Angeles Superior Court on June 18, 2014 by Governor Jerry Brown. He presently sits in Dept. 28 in the Stanley Mosk Courthouse in downtown Los Angeles wherein he handles an unlimited jurisdiction individual court calendar with an inventory of over 500 cases. Prior to coming to Mosk, Judge Byrdsong was the first African-American in the Complex Civil Department wherein he handled and coordinated all of the asbestos cases in Los Angeles County. Judge Byrdsong began his legal career with Ivie, McNeill, & Wyatt as a law clerk in 1994, became an associate in 1995, and became a partner in 2001.

Judge Byrdsong received his undergraduate degree in Political Science with Honors from Morehouse College in 1991. He graduated magna cum laude, made the National Dean's List and earned membership into Phi Beta Kappa. Judge Byrdsong received his Doctor of Jurisprudence from Vanderbilt University School of Law in 1994.

Judge Byrdsong is active with the John M. Langston Bar Association (lifetime member and past president 2006), the California Association of Black Lawyers (CABL)(lifetime member), LACBA’s Labor and Employment Executive and Saturday Seminar Committees, and a Founding Member of the Association of African American California Judicial Officers (AAACJO). He served on the Executive Committee of the Labor and Employment Section for the State Bar of California from 2003-2007.

Judge Byrdsong volunteers his time mentoring young lawyers and speaks to students in high schools, colleges, and law schools throughout Los Angeles. He also volunteers his time to interview prospective students for Vanderbilt School of Law. Because of his work and contributions to the community, Judge Byrdsong was recognized in Ebony Magazine’s Power 100 for 2018.
 
 
 
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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