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  Thursday, February 14, 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
The lack of a reporter's transcript does not require affirmance based on an inadequate record. The statutes governing forum non conveniens motions apply to determine the enforceability of the forum selection clause. A forum selection clause requiring that a claim "shall be litigated" in a federal court indicates that the forum selection clause is mandatory, and that litigation in state court will be allowed only if the federal court does not have subject matter jurisdiction.

Korman v. Princess Cruise Lines, Ltd. - filed Feb. 14, 2019, Second District, Div. Four
Cite as 2019 S.O.S. 738
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Employment Law
Substantial evidence supports the trial court's finding that individual issues predominate in a proposed class action for claims of under payment where the plaintiffs did not show any uniform agreement between the defendant and the truck drivers who received piece-rate payments, nor any evidence of what tasks were included in the piece-rate compensation for the different categories of drivers who worked for defendant. The trial court erred in failing to consider the issue of compensation for rest breaks separately from the issue of compensation for "nonproductive time". A trial court has discretion to consider whether the remaining members of a proposed class were sufficiently numerous to justify class treatment, after determining individual questions predominated with respect to the claims of one subclass and the defense to them.

Jiminez-Sanchez v. Dark Horse Express, Inc. - filed Jan. 16, 2019, publication ordered Feb. 14, 2019, Fifth District
Cite as 2019 S.O.S. 744
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Environmental Law
When it comes to a local coastal entity's decision on a coastal development permit, the Legislature has constructed a system in which appeals to the California Coastal Commission would be heard de novo under the Coastal Act even though the original local decision was decided under the California Environmental Quality Act.

Fudge v. City of Laguna Beach (Dimitry) - filed Feb. 13, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 755
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Modification
People v. Martinez - filed Feb. 13, 2019, Second District, Div. Five
Cite as 2019 S.O.S. 760
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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

Reginald A. Holmes   Reginald A. Holmes
Reg Holmes is the President of The Holmes Law Firm, APC is one of America’s most experienced Mediators, Arbitrators, and Private Judges. He has served as the neutral in hundreds of major ADR matters and enjoys a national and international reputation for efficiency, fairness and effectiveness in resolving highly complex and intractable disputes and conflicts across a broad range of subject matters including Intellectual property, Technology, Social media, Employment, Entertainment, International, and Business and franchise matters. For decades, he has provided legal and business counsel, litigated, arbitrated and mediated on such topics throughout the United States and the world.

Reg, a fierce advocate for justice based Rule of Law, has declined repeated opportunities for appointment to the bench. Instead, he has focused of the delivery of just and orderly dispute and conflict resolution services.

He is a former patent attorney with an Electrical Engineering degree from the University of Florida and a Law degree from Georgetown University Law Center. Over the course of his career, he has held senior positions as a product and technology developer, patent counsel, Intellectual property manager, corporate counsel, corporate executive and general manager, litigator, and Managing Partner with several Fortune 500 corporations and law firms.

A former President of the Langston Bar Association and member of the Los County Bar Association Board Trustee, Reg has been active in a number of professional, civic and community organizations. He is also a founder (along with activist Anglea Oh of the Multicultural Bar Association. His involvements in the ADR space include a terms as President of the California Dispute Resolution Council (CDRC) and a fellowship and board of director’s membership with the College of Commercial Arbitrators (CCA) As well as an ongoing board membership with the National Academy of Distinguished Neutrals and President and executive Director of the Neutrals Diversity Alliance (NDA), an organization formed in 2013 as an alliance of fortune 500 Companies committed to providing case loads to prominent diverse neutrals.

Reg provides neutral services independently though his eponymous law firm and in conjunction with several prominent ADR service providers including CPR, Resolution Services Inc., the American Arbitration Association (AAA) and the International Centre for Dispute Resolution (ICDR). Holmes has a transnational practice with offices and affiliates in California, Chicago, New York and Atlanta, Toronto and Shanghai. For more on Reg Holmes, the Holmes dispute resolution philosophy and the Holmes Law Firm, APC, visit www.theholmeslawfirm.com.
 
 
 
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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