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  Friday, March 8, 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
Civil Procedure
An insurance carrier's receipt of an initial pleading by a statutorily designated agent did not begin the 30-day removal clock under 28 U.S.C. Sec. 446(b)(1). It was actual receipt by the insurer that started the removal clock.

Anderson v. State Farm Mutual Auto Insurance Company - filed March 8, 2019
Cite as 2019 S.O.S. 15-35981
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CALIFORNIA COURT OF APPEAL
Civil Procedure
While injunctive orders are appealable, the appeal of an injunctive order does not result in a stay of trial court proceedings on the merits of the dispute. A postjudgment order is not appealable if it is not the equivalent of a final appealable judgment. Postjudgment discovery orders are not appealable when the discovery is between adverse parties to an ongoing substantive dispute. Merely adding or substituting new parties to a proceeding is not an appealable order.

In re Marriage of Tim and Wong - filed March 7, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 1086
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Civil Procedure
A default judgment cannot be entered for an amount in excess of the demand in the operative pleadings when the plaintiff seeks an accounting or valuation of a business. The comparison of whether a default judgment exceeds the amount of compensatory damages demanded in the operative pleadings should examine the aggregate amount of non-duplicative damages.

Sass v. Cohen - filed March 7, 2019, Second District, Div. Two
Cite as 2019 S.O.S. 1090
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Corporations Law
Assuming a court has jurisdiction to order the dissolution of a foreign limited liability company or limited partnership, the internal affairs doctrine would require it to apply to a dissolution claim the law of the state under which the entity was organized.

Boschetti v. Pacific Bay Investments Inc. - filed March 7, 2019, First District, Div. Four
Cite as 2019 S.O.S. 1096
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Criminal Law and Procedure
Welfare and Institutions Code Sec. 6603(j) explicitly authorizes a district attorney to subpoena and use a sexually violent predator's medical records in proceedings under the Sexually Violent Predator Act.

Landau v. Superior Court (People) - filed Feb. 15, 2019, publication ordered March 7, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 1100
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Government Law
A local fire protection district's resolution to apply for dissolution cannot be challenged through a voter referendum. The Reorganization Act prescribes the exclusive method for dissolving, and/or protesting the proposed dissolution of, a fire protection district.

Southcott v. Julian-Cuyamaca Fire Protection District (County of San Diego) - filed March 7, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 1105
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MEMBER BENEFIT SPOTLIGHT
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LACBA members receive discounts on Metropolitan News Company publications and services. For more information, contact Vahn Babigian at (213) 346-0033 or go to http://www.metnews.com/info.html


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

Mary Mckelvey   Mary McKelvey
Mary McKelvey, Principal at Polsinelli, is a fierce and highly respected trial attorney who is influential in every aspect of her career, i.e. in litigating difficult cases for national and global clients, in handling high stakes pro bono cases, in successfully assuming leadership positions at the state and local bar levels, in supporting the next generation of women lawyers, in mentoring at-risk non-lawyer women, and in proactively volunteering in the community. In addition to extensive trial experience, Mary has wide range of experience in all stages of litigation including trial preparation, taking and defending percipient and expert witness depositions, developing innovative case handling strategy during discovery, and drafting complex pleadings and arguing dispositive motions in both state and federal court. Mary masterfully presents complex facts, concepts, medical vocabulary, historical data, scientific data, and other complicated issues in ways that jurors and judges can understand and use to arrive at fair and just decisions.

Mary has a deep passion for pro bono work and serves as the Pro Bono Coordinator for Polsinelli’s Los Angeles office. In her own words, “Doing pro bono work has allowed me glimpses into realities I would not otherwise have encountered. It has allowed me a multi-dimensional perspective on important issues such as immigration policies and the effectiveness of our criminal justice system. It has allowed me to assist others that I would never even have had the privilege of encountering but for my handling of their matter on a pro bono basis.”
 
 
 
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