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  Friday, March 1, 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
The Chapter 80 provisions in Guam Code Annotated and the Guam Public Laws do not give rise to a protected property interest under the Due Process Clause. The statutory differences in treatment between a landowner whose lands were no longer in use and one whose lands continued to be used survives rational basis review.

Crawford v. Antonio B. Won Pat International Airport - filed March 1, 2019
Cite as 2019 S.O.S. 17-16942
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Criminal Law and Procedure
A habeas corpus petitioner who was not represented by counsel during his initial-review collateral proceeding need only show that his ineffective-assistance-of-counsel claims are substantial in order to excuse his procedural default.

Rodney v. Filson - filed March 1, 2019
Cite as 2019 S.O.S. 17-15438
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
Both the inability to follow the law and a belief that the criminal justice system is flawed are valid, race-neutral reasons for exercising a peremptory challenge. A prosecutor properly challenged a prospective juror based on a belief that the juror's hearing deficit would be problematic given the prosecutor's concern that the juror would not be able to discern words and tone on the audio recordings which he felt were central to the case.

People v. Smith - filed Feb. 7, 2019, publication ordered March 1, 2019, First District, Div. Four
Cite as 2019 S.O.S. 987
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Criminal Law and Procedure
A misdemeanor charge of leaving the scene of an accident causing only property damage in violation of Vehicle Code Sec. 20002(a) is not subject to disposition by civil compromise.

People v. Dimacali - filed Feb. 28, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 997
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Criminal Law and Procedure
A suspect's invocation of his right to counsel does not preclude the admission of a confession the suspect subsequently makes to a person he is unaware is functioning as an agent of law enforcement. The continued questioning of a suspect after his invocation of his right to counsel does not automatically taint any subsequent confession. A law enforcement officer's conduct in disregarding a defendant's requests for counsel and orchestrating the monitored conversation between defendant and a person he does not realize is functioning as an agent of law enforcement does not violate due process.

People v. Orozco - filed Feb. 28, 2019, Second District, Div. Two
Cite as 2019 S.O.S. 1003
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Criminal Law and Procedure
A trial court's mistake in instructing the jury on a superfluous "element" of a crime does not constitute instructional error.

People v. Matthews - filed Feb. 28, 2019, Second District, Div. Two
Cite as 2019 S.O.S. 1009
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Family Law
A juvenile court properly asserted jurisdiction over a mother and her child based on the mother's admitted use of cocaine and a reckless driving conviction the mother sustained shortly before the dependency proceedings commenced.

In re L.W. - filed Feb. 7, 2019, publication ordered Feb. 28, 2019, Second District, Div. Eight
Cite as 2019 S.O.S. 1013
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Insurance Law
In corporation of a claim by reference is sufficient to satisfy Code of Civil Procedure Sec. 580. Under Insurance Code Sec. 11580, when a judgment is secured against the insured in an action based upon property damage, the judgment creditor may bring an action on the policy to recover on the judgment. The statute does not require every element of the damages in that judgment to be property damage. Diminution in value can be used as the measure of the physical damages to a property. For the purpose of determining whether there was coverage within the policy period, the relevant "occurrence" is when the complaining party was actually damaged. "An insurer on the risk when continuous or progressively deteriorating damage or injury first manifests itself remains obligated to indemnify the insured for the entirety of the ensuing damage or injury."

Insurance Company of the State of Pennsylvania v. American Safety Indemnity Company - filed March 1, 2019, Second District, Div. Eight
Cite as 2019 S.O.S. 1018
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Professional Misconduct
An attorney's reference to the ruling of a female judicial officer as "succubustic" constitutes a demonstration of bias, prejudice, or harassment based upon gender and thus qualifies as reportable misconduct. Accusations of intentional misconduct without any record support also constitute reportable misconduct.

Martinez v. O'hara - filed Feb. 28, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 1028
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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 Women’s History Month

Lisa Mattern   Simona Danesh
Simona Danesh shares her commitment to health, human rights, and civil rights with Michels & Lew, in its pursuit of justice for victims of negligence and wrongdoing. Simona is admitted to practice in the United States District Court for the Eastern District of California and the Central District of California.

She is multilingual and has lived and worked extensively abroad. Her research on international health and human rights coupled with her global experiences gives her a unique perspective and understanding of complex issues.

When she is not practicing law, you may see her running a trail, practicing yoga, exploring a museum, or enjoying time with family and friends.
 
 
 
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