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  Wednesday, March 13, 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
Even if California law permitted State Board of Equalization employees to perform warrantless inspections of business records, there is no authority for forcible entry or searches. A State Board of Equalization employee's presence during a search executed by law enforcement to corroborate his claims against a business owner in order to complete an inspection of the business' licensing and tax records was not related to the objectives of the search and therefore violated the business owners' clearly established Fourth Amendment rights.

Advanced Building & Fabrication, Inc. v. Ayers - filed March 13, 2019
Cite as 2019 S.O.S. 17-16618
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Constitutional Law
A municipal ordinance that prohibits companies that host online platforms for short-term vacation rentals from processing transactions for unregistered properties does not violate the Communications Decency Act because it only requires the platforms to monitor content that resulted from the third-party listings but was distinct, internal, and nonpublic. The ordinance does not pose an obstacle to Congress's aim to encourage self-monitoring of third-party content. The ordinance does not implicate speech protected by the First Amendment since it regulates nonexpressive conduct.

HomeAway.com, Inc. v. City of Santa Monica - filed March 13, 2019
Cite as 2019 S.O.S. 18-55367
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Environmental Law
An environmental group had standing to bring a challenge to travel management plans implemented by the U.S. Forest Service under the National Environmental Policy Act since the group was trying to protect the environment. The Forest Service complied with both the NEPA and the National Historic Preservation Act in implementing travel management plans that permit limited motorized big game retrieval in three ranger districts of the Kaibab National Forest.

WildEarth Guardians v. Provencio - filed March 13, 2019
Cite as 2019 S.O.S. 17-17373
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Indian Law
A tribe's regulatory power over nonmembers on tribal land derives both from the tribe's inherent sovereign power to exclude nonmembers from tribal land and from the tribe's inherent sovereign power to protect self-government and control internal relations. A tribal court has subject matter jurisdiction over tort claims brought by the tribe against a nonmember employee based on its exclusionary power as well as its authority to regulate the activities of nonmembers who enter consensual relationships with the tribe and to civil authority over the conduct of nonmembers on fee lands within its reservation when that conduct threatens or directly affects the political integrity, the economic security, or the health or welfare of the tribe.

Knighton v. Cedarville Rancheria of Northern Paiute Indians - filed March 13, 2019
Cite as 2019 S.O.S. 17-15515
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Order
Fowler v. Guerin - filed March 13, 2019
Cite as 2019 S.O.S. 16-35052
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
A criminal defendant confined in a state mental hospital pursuant to a plea of not guilty by reason of insanity cannot issue subpoenas duces tecum against the hospital and hospital police when there is no underlying active proceeding, motion or petition.

People v. Alvarez - filed March 12, 2019, First District, Div. Three
Cite as 2019 S.O.S. 1167
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Government Law
The three-year general statute of limitations in Code of Civil Procedure Sec. 338(a) cannot be harmonized with the shorter, more specific limitations period in Government Code Sec. 65009(c)(1) and the latter was applicable to a developer's claim that it had been wrongfully denied a hearing on its appeal of a city's permit compliance review decision.

1305 Ingraham, LLC v. City of Los Angeles - filed Feb. 15, 2019, publication ordered March 12, 2019, Second District, Div. Four
Cite as 2019 S.O.S. 1171
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Labor Law
A trial court's denial of class certification which did not provide reasons for the finding that common issues did not predominate must be overturned when there is a possibility the trial court may have focused on the individual issues concerning the right to recover damages rather than the putative class theory of recovery. When the putative class alleged their employer maintained uniform policies and/or practices denying them travel time while they are under the employer's control, the issue is not whether different managers exercised control in a myriad of ways with different categories of workers, but whether the employer had the right to control them.

Myers v. Raley's - filed Feb. 13, 2019, publication ordered March 12, 2019, Third District
Cite as 2019 S.O.S. 1176
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MEMBER BENEFIT SPOTLIGHT
AI for Attorneys -- by Thomson Reuters 1-800-WESTLAW 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 Women’s History Month

Saundra K. Wootton   Saundra K. Wootton
Saundra K. Wootton is litigation partner with Kutak Rock LLP.   She has litigated a number of complex matters in both state and federal court, including claims related to anti-trust/unfair competition, real estate disputes, product defect, employment, environmental, toxic torts, catastrophic injuries and professional malpractice (legal and design professionals).  Her diverse civil litigation experience enables her to effectively serve and advise her clients on a broad range matters both inside and outside of the courtroom.  She has lectured and authored numerous articles/alerts on breaking legal developments.

Saundra also enjoys serving to advance Kutak Rock LLP’s robust diversity and inclusions initiatives and its pro bono initiatives.

In the community, Saundra dedicates her time as a member of LACBA’s Diversity in the Profession Committee.  She has been actively assisting LACBA with its efforts to promote diversity and inclusion at all levels in the legal profession and in advancing LACBA’s invitation to all legal employers to adopt its “Pledge to Promote Diversity.”  She has also participated in the coordination, facilitation and/or presentation of collaborative legal educational programs and many pipeline mentoring programs facilitated by LACBA’s Diversity in the Profession Committee, Southwestern Law School and/or the National Conference of Puerto Rican Women. 

Born in Sacramento, California, Saundra earned her B.A. Degree in Communications with Distinction from the University of the California, San Diego, in 1998.   During her tenure at UCSD, she was the recipient of President’s Washington D.C. Scholarship and interned in the Domestic Violence Unit for the U.S. Attorney’s Office, Washington D.C.   Saundra received her J.D. from Southwestern Law School in 2002.  During her tenure at Southwestern Law School, she was a recipient of the Schumacher Minority Leadership Scholarship.  Saundra also taught remedies to law students at Southwestern Law School. 

 
 
 
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