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  Thursday, February 28, 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
Constitutional Law
Use of a government informant under the invited informer doctrine--even if not in good faith--does not implicate the privacy interests protected by the Fourth Amendment. A mosque prayer hall is not an ordinary public place and persons reasonably have a subjective expectation of privacy that their conversations among themselves while in the prayer hall would not be covertly recorded by a government agent not party to the conversations. As of 2006 and 2007, there was no clearly established law as to whether a person could have an expectation of privacy in a particular place of worship. The plain language, statutory structure, and legislative history demonstrate that Congress intended the Foreign Intelligence Surveillance Act to displace the state secrets privilege and its dismissal remedy with respect to electronic surveillance. FISA's Sec. 1806(f) procedures are to be used when an aggrieved person affirmatively challenges, in any civil case, the legality of electronic surveillance or its use in litigation, whether the challenge is under FISA itself, the Constitution, or any other law.

Fazaga v. Federal Bureau of Investigation - filed Feb. 28, 2019
Cite as 2019 S.O.S. 12-56867
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CALIFORNIA SUPREME COURT
Civil Procedure
When ruling on a pretrial anti-SLAPP motion and determining a plaintiff's probability of success, a court may consider affidavits, declarations, and their equivalents if it is reasonably possible the proffered evidence set out in those statements will be admissible at trial. If the evidence relied upon cannot be admitted at trial, because it is categorically barred or undisputed factual circumstances show inadmissibility, the court may not consider it in the face of an objection.

Sweetwater Union High School District v. Gilbane Building Company - filed Feb. 28, 2019
Cite as 2019 S.O.S. 933
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Criminal Law and Procedure
A trial court did not deprive defendants of their right to a fair trial and impartial jury by rejecting a joint defense request that the juror questionnaire ask whether, if jurors found a defendant guilty of five murders with special circumstances, they would always vote for the death penalty. A trial court did not abuse its discretion by deferring to the sheriff's determination that eight uniformed officers were needed to secure the courtroom instead of justifying the practice by reference to case-specific facts. Assuming Evidence Code Sec. 1153's exclusionary rule applies to admissions made during plea negotiations, a defendant's revelations of guilt for other, uncharged crimes to reduce his obligations to pay restitution and maximize his in-prison spending ability do not bring him within the statute. A trial court did not err in giving the jury the unmodified CALJIC No. 3.00 where the evidence reflected the defendants' joint participation in the offenses at issue with the required intent to kill.

People v. Amezcua & Flores - filed Feb. 28, 2019
Cite as 2019 S.O.S. 939
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CALIFORNIA COURT OF APPEAL
Civil Procedure
A judgment creditor with a properly recorded judgment lien has priority over an unperfected security interest held by an assignee who did not file a financing statement with respect to distributions irrevocably assigned to it by the judgment debtor before the judgment lien was recorded.

MDQ, LLC v. Gilbert, Kelly, Crowley & Jennett (Cleopatra Records) - filed Feb. 27, 2019, Second District, Div. Eight
Cite as 2019 S.O.S. 954
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Civil Procedure
A defendant's conduct must be illegal as a matter of law to defeat a defendant's showing of protected activity for purposes of application of the anti-SLAPP statute. Internal investigations by schools into claims of discrimination qualify as "official proceedings authorized by law" that receive the protections of the anti-SLAPP statute.

Laker v. Board of Trustees of the California State University - filed Feb. 28, 2019, Sixth District
Cite as 2019 S.O.S. 958
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Criminal Law and Procedure
Despite the fact that many cases of shoplifting also fall within the definition of burglary, if a prosecutor wishes to charge those cases as either shoplifting or burglary, then he must charge shoplifting and shoplifting alone. Nothing in Penal Code Sec. 459.5 precludes a prosecutor from charging a defendant with receipt of stolen property under Sec. 496 instead of shoplifting. A defendant can violate Sec. 496 by buying or receiving "any property that has been stolen," or by concealing, selling, or withholding property from its owner. Receiving stolen property and concealing stolen property are separate offenses. If a prosecutor elects to proceed on a receipt theory of liability, the prosecutor cannot aggregate the value of the stolen property received to charge the defendant with a felony.

People v. Brown - filed Feb. 27, 2019, First District, Div. Four
Cite as 2019 S.O.S. 969
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Criminal Law and Procedure
A trial court properly declined a defendant's request to instruct the jury that gross vehicular manslaughter while intoxicated is a lesser included offense of implied malice murder. Courts do not look beyond the language of the accusatory pleading itself in assessing lesser included offenses.

People v. Alvarez - filed Feb. 28, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 972
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Employment Law
An action to recover civil penalties is fundamentally a law enforcement action designed to protect the public and not benefit private parties. A penalty under the Labor Code Private Attorney General Act is to be shared with the state and other affected employees.

Moorer v. Noble LA Events Inc. - filed Feb. 11, 2019, publication ordered Feb. 27, 2019, Second District, Div. Seven
Cite as 2019 S.O.S. 979
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Real Property
A borrower who prevails in obtaining a temporary restraining order enjoining a non-judicial foreclosure sale on a residential property can be a "prevailing borrower" within the meaning of Civil Code Sec. 2924.12(h) for purposes of an award of attorney fees.

Hardie v. Nationstar Mortgage LLC - filed Feb. 27, 2019, Fifth District
Cite as 2019 S.O.S. 983
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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

Lisa Mattern   Lisa Mattern
Ms. Mattern is an experienced criminal defense attorney whose practice is located in the city of Los Angeles and focuses on the defense of serious felony charges. She is a member of the California Public Defenders Association, California Attorneys for Criminal Justice, California DUI Lawyers Association, Los Angeles County Bar Association and the Mexican American Bar Association. She has been admitted to Federal and State courts throughout California. In the course of her extensive experience defending clients accused of a broad array of offenses, she has achieved impressive results including dismissals of charges, as well as verdicts of acquittal following jury trial.

She attended the University of California, Irvine, receiving a Bachelor of Arts in Political Science. While a student at Loyola Law School, Los Angeles, she was a member of the Loyola of Los Angeles Law Review and completed two legal internships. Ms. Mattern received her J.D. in 1994 and was admitted to the State Bar of California in 1995.

From 1996 to 2000, Ms. Mattern worked for the Law Offices of the Public Defender for the County of Riverside. After that she opened her own law office and worked for a criminal defense panel in Riverside County. During this time, she and her partner, Lori A. Davis, formed Davis & Mattern, LLP in Riverside, a firm dedicated to the practice of criminal defense. In 2000, they relocated to Newport Beach. In 2007, Davis & Mattern, LLP closed their law practice, but Ms. Mattern continued defending clients in private practice. From 2007 through 2011, Ms. Mattern worked as a Senior Attorney for two large criminal defense law firms. In 2016, she renewed her private practice, now under the name The Mattern Law Firm, which is located in the Westwood Gateway area of Los Angeles.
 
 
 
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