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  Wednesday, February 27, 2019  
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.
Criminal Law and Procedure
The Eighth Amendment may permit executing a prisoner even if he cannot remember committing his crime, although his memory loss is a factor to consider. If that loss combines and interacts with other mental shortfalls to deprive a person of the capacity to comprehend why the state is exacting death as a punishment, then the Eighth Amendment may prohibit his execution. The Eighth Amendment may prohibit executing a prisoner even though he suffers from dementia or another disorder rather than psychotic delusions.

Madison v. Alabama - filed Feb. 27, 2019
Cite as 2019 S.O.S. 17-7505
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Criminal Law and Procedure
No appeal waiver serves as an absolute bar to all appellate claims. Simply filing a notice of appeal does not necessarily breach a plea agreement. The presumption of prejudice recognized in Roe v. Flores-Ortega applies when trial counsel fails to file an appeal as instructed, regardless of whether the defendant has agreed to an appeal waiver.

Garza v. Idaho - filed Feb. 27, 2019
Cite as 2019 S.O.S. 17-1026
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Government Law
The International Organizations Immunities Act affords international organizations the same immunity from suit that foreign governments enjoy under the Foreign Sovereign Immunities Act.

Jam v. International Finance Corporation - filed Feb. 27, 2019
Cite as 2019 S.O.S. 17-1011
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Civil Procedure
A purported arbitral award was not entitled to enforcement under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards where the parties had fully settled their claims before approaching an arbitrator. The purported arbitration consisted of an impromptu meeting in a building lobby, and the "proceedings" disregarded the terms of three arbitration agreements between the parties and the issuing forum's arbitral rules.

Castro v. Tri Marine Fish Company LLC - filed Feb. 27, 2019
Cite as 2019 S.O.S. 17-35703
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Criminal Law and Procedure
A trial court does not have jurisdiction to entertain a motion for resentencing in accordance with the 2017 legislative amendment to Health and Safety Code Sec. 11370.2 if the defendant's sentence had become final before the effective date of the amended statute.

People v. Chamizo - filed Feb. 27, 2019, Third District
Cite as 2019 S.O.S. 911
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Professional Responsibility
A legal argument may be raised for the first time in an appeal if it presents a new question of law based on undisputed facts. In professional malpractice cases, expert opinion testimony is required to prove or disprove that the defendant performed in accordance with the prevailing standard of care except in cases where the negligence is obvious to laymen. An expert witness was not necessary to establish the scope of a broker's duty or a breach of that duty for a professional negligence claim where the broker possessed material information that impacted the value of a property and chose not to disclose that information to its client.

Ryan v. Real Estate of the Pacific - filed Feb. 26, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 913
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Real Property
A condemnee is entitled to compensation for lost goodwill if any portion of that loss is unavoidable. A condemnee need only prove some or any unavoidable loss of goodwill to satisfy the condemnee's burden to demonstrate entitlement to compensation for goodwill under Code of Civil Procedure Sec. 1263.510.

Los Angeles County Metropolitan Transportation Authority v. Yum Yum Donut Shops, Inc. - filed Feb. 26, 2019, Second District, Div. One
Cite as 2019 S.O.S. 917
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Real Property
Although Health and Safety Code Sec. 17980.7 does not explicitly provide that a court may issue a super-priority lien which displaces previously existing liens, a court can authorize receiver appointed under Code of Civil Procedure Sec. 568 to issue a super-priority lien in appropriate circumstances.

City of Sierra Madre v. Suntrust Mortgage (Pasternak) - filed Feb. 26, 2019, Second District, Div. Three
Cite as 2019 S.O.S. 922
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Tax Law
To prevail on a 26 U.S.C. Sec. 7434 claim, a plaintiff must prove that the defendants willfully issued a fraudulent return. Willfulness requires proof the defendant was aware of the duty imposed by Sec. 7434 and specifically intended to flout the statute. Sec. 7434 does not impose liability for failing to correct 1099s that are later discovered to be inaccurate. There is no authority for the proposition that a person who unwittingly hires an unlicensed contractor to repair work not property performed by someone else is precluded from introducing evidence of the cost of repair. There is also no authority for the proposition that a party may recover cost of proof expenses based upon requests for admission propounded by someone else.

Design Built Systems v. Sorokine - filed Feb. 26, 2019, First District, Div. Two
Cite as 2019 S.O.S. 927
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AI for Attorneys – by Thomson Reuters
Artificial intelligence technology is in the news and on lawyers' minds as they consider how advancements in machine learning and automation will affect their industry. Will it become standard? What is "good" legal AI? And how are attorneys using it?

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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

Jamice Oxley   Jamice A. Oxley
Jamice A. Oxley holds dual Bachelor Arts Degrees from Yale University in American Studies and Women’s and Gender Studies and a Juris Doctor degree from Loyola Law School. She is a member of Pryor Cashman’s Intellectual Property, Media + Entertainment and Digital Media Groups where she provides strategic counsel to writers, directors, producers, recording artists, content creators, production companies, music publishers, domestic and international brands, digital media companies, and film and television studios, among many others.

Jamice’s film, television and music clients rely on her shrewd drafting and negotiating skills to maximize and safeguard the value of their intellectual property. She leverages her extensive experience handling copyright and trademark registrations, drafting talent and licensing agreements, structuring film, television and business transactions, and negotiating content acquisition, development, production, and distribution agreements to optimize the strength and visibility of their brands and works.

Having worked at talent agencies, film and television studios, and law firms, Jamice has a keen understanding of the issues that matter most to her business and entertainment clients, and is sought after for her pragmatic approach to resolving them. She also advises start-ups and entrepreneurs on entity formation, protecting and exploiting their emerging intellectual property rights and other complex transactional matters.

Jamice enjoys being an active member of the legal and academic communities. In addition to being a member of the Beverly Hills Bar Association, Langston Bar Associations and the Black Entertainment and Sports Law Association, she serves as Immediate Past Chair of the Executive Committee of the Los Angeles County Bar Association’s Entertainment and Intellectual Property Law Section. She also sits on the Advisory Committee of Ignite, an organization which promotes gender parity in political participation and representation. Jamice also spends time each year interviewing high school students as a Yale Alumni Admissions interviewer and has served on the Marlborough School Alumnae Council Board for the past 9 years.

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