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  Friday, February 15, 2019  

The courts will be closed on Monday, February 18, in observance of Presidents’ Day. Therefore, there will be no LACBA Daily eBriefs on Monday. Publication will resume on Tuesday, February 19. 
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.
Civil Procedure
Code of Civil Procedure Sec. 98(a) does not categorically require that all affiants be personally present for service at an address within 150 miles of the place of trial for a reasonable period during the 20 days prior to trial. Such personal presence is required only if it is necessary for lawful service, at the specified location, of process that directs the affiant to appear at trial, under the standard rules prescribing the pertinent types of process and how such process is to be served.

Meza v. Portfolio Recovery Associates, LLC - filed Feb. 15, 2019
Cite as 2019 S.O.S. 762
Full text click here
Civil Procedure
In the event a plaintiff class is not certified, the pendency of the putative class's claim does not toll the applicable statute of limitations to the same class claim alleged in a later action. Upon denial of class certification in an action, a putative class member may not commence the same class claim in a new action beyond the time allowed by the limitation period applicable to the class claim.

Fierro v. Landry's restaurant, Inc - filed Feb. 15, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 770
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Criminal Law and Procedure
Lacking traits for leadership or taking incentive is a type of hunch or idiosyncratic reason that the courts recognize as legitimate grounds for exercising a peremptory strike. A trial court is not required to make a detailed statement evaluating a prosecutor's stated race-neutral reason for exercising a peremptory challenge when the prosecutor's reasoning was plausible and supported by the record. The minimum term for a defendant found guilty of attempted premeditated murder is found in Penal Code Sec. 3046. The legislative addition of a minimum term does not change the character of the indeterminate term to something other than an indeterminate term. While Senate Bill No. 1393 applies retroactively to all cases not yet final as of its effective date, a defendant is not entitled to remand to allow a trial court to exercise its new discretion to strike a felony prior if the trial court's record statements clearly indicate it would not in any event have stricken the prior when it originally sentenced the defendant.

People v. Jones - filed Jan. 28, 2019, publication ordered Feb. 15, 2019, Third District
Cite as 2019 S.O.S. 778
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Real Property
A county ordinance limiting the number of roosters that can be kept on a property, without a permit, is not facially unconstitutional. Absent any evidence to evaluate the economic impact of the regulation or the level of its interference with reasonable investment-backed expectations, the ordinance cannot be said to effect a regulatory taking. Absent evidence on how the ordinance will affect interstate commerce, the ordinance cannot be said to violate the Commerce Clause. The ordinance's exception of minors correspond rationally to achieving the county's stated objectives of balancing the promotion of agriculture and agricultural education with prevention of operations that are unsanitary, inhumane, environmentally damaging, and potentially conducive of illegal conduct. The fact that the ordinance does not burden all people does not make it a bill of attainder.

Perez v. County of Monterey - filed Feb. 14, 2019, Sixth District
Cite as 2019 S.O.S. 782
Full text click here
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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

George Fatheree   George Fatheree
George Fatheree is a partner in Munger, Tolles & Olson’s real estate group. He advises investors, developers, lenders and high net-worth individuals in a wide array of large and complex commercial real estate transactions, including joint ventures, acquisitions and dispositions, financings, corporate real estate M&A, fund formation, sports arena/casino deals and leasing and energy transactions.

Mr. Fatheree has been selected for inclusion in Chambers USA: America’s Leading Lawyers for Business in the California Real Estate category. He was named one of Real Estate Forum’s Top 50 Real Estate Professionals Under 40 and an Outstanding Young Lawyer by the Los Angeles County Bar Association.

Mr. Fatheree has an active pro bono practice and has dedicated thousands of hours to pro bono work, including securing reparations for survivors of the Holocaust; authoring a successful amicus curiae brief to California’s Supreme Court on behalf of public school students with diabetes; representing the Debbie Allen Dance Academy in its acquisition and development of a state-of-the-art performing arts academy; representing charter schools in acquiring, leasing and financing school facilities; advising school districts on education reform issues; and helping students with special needs to help them access educational services. In 2015, Mr. Fatheree co-founded The Associates Committee, a national nonprofit foundation awarding grants to public interest organizations that was recognized by the Financial Times for Innovation in Social Responsibility.

Prior to joining Munger, Tolles & Olson, Mr. Fatheree worked at Skadden, Arps and clerked on the U.S. Court of Appeals for the Ninth Circuit. Before becoming an attorney, Mr. Fatheree worked in public education reform as the Chief Operating Officer of the California Charter Schools Association and founded the Charter Schools Legal Defense Fund. He also previously worked as a management consultant for McKinsey & Company and Booz·Allen & Hamilton. He co-founded govWorks, an internet company, and was named one of Silicon Alley’s Top 25 Minority Entrepreneurs.

Mr. Fatheree serves on the board of Bet Tzedek, a nonprofit law firm providing free legal aid to society’s most vulnerable; the John M. Langston Bar Association, Los Angeles County’s bar association for African-American lawyers; and the Real Estate Executive Council, a professional trade association to promote the interests of minority executives in the commercial real estate industry.

Mr. Fatheree graduated cum laude from Harvard University where he studied government and religion. He received his law degree from Loyola Law School and is a Fritz B. Burns Scholar and member of Alpha Sigma Nu. He now serves on the board of Loyola Law School, where he teaches real estate law.
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