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  Friday, March 15, 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
A lawful parole search of a parolee's car extends to the trunk. The warrantless placement of a GPS tracker on a parolee's car did not violate the Fourth Amendment. Cell site location information acquired before the Supreme Court issued its decision in Carpenter v. United States is admissible under the good-faith exception to the exclusionary rule so long as the government satisfied the Stored Communications Act's then-lawful requirements.

United States v. Korte - filed March 15, 2019
Cite as 2019 S.O.S. 18-50051
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Intellectual Property
The Copyright Act's display right does not encompass an exclusive right to "make available for display". A website operator's automated processes storing or caching copyrighted photos that were copied by website users was insufficiently volitional to establish direct infringement on the copyright holder's reproduction and adaption rights. A search engine that operates on a closed database comprised of complete digital copies of original works without any transformative use of the images is not a fair use of the images. A failure to take affirmative steps to prevent infringement alone cannot trigger inducement liability.

VHT, Inc. v. Zillow Group, Inc. - filed March 15, 2019
Cite as 2019 S.O.S. 17-35587
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Civil Procedure
No provision of the Cartwright Act forecloses a successful anti-SLAPP defendant from obtaining an award of attorney fees.

Richmond Compassionate Care Collective v. 7 Stars Holistic Foundation - filed March 15, 2019, First District, Div. Two
Cite as 2019 S.O.S. 1191
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Government Law
A prime contractor on a publics work contract had standing to challenge a hearing officer's determination that a subcontractor's poor performance established a statutory ground for substitution. An agency with authority to award a public work contract can seek substitution of a subcontractor on the project and hold a hearing on its own initiative instead of waiting for the prime contractor to "request" a substitution.

Synergy Project Management, Inc. v. City and County of San Francisco - filed March 14, 2019, First District, Div. One
Cite as 2019 S.O.S. 1195
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Real Property
When a landlord returns a tenant's rent check without cashing it based on a de minimis shortage in the agreed-upon rent, a tenant can assert the landlord's bad faith in rejecting the payment as a defense to an unlawful detainer action.

Bawa v. Terhune; Superior Court of California, County of Los Angeles - filed Jan. 30, 2019
Cite as 2019 S.O.S. 1200
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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

Valeria Granata   Valeria Granata
Valeria Granata is a litigation attorney at Wilson Elser Moskowitz Edelman and Dicker LLP’s Los Angeles office. Her practice focuses primarily on general liability, personal injury, real estate and commercial litigation. 

Ms. Granata has extensive trial experience, representing corporate and individual clients. She successfully litigated several cases in the Los Angeles Superior Court. She also successfully settled numerous civil matters at mediation. For her trial achievements, Ms. Granata was named SuperLawyers Rising Star in 2017 and 2018.

  Ms. Granata earned her LL.M in 2014 with honors from Loyola Law School and her J.D. in 2012 from the Catholic University of Milan. She is licensed to practice law in California and New York.

Ms. Granata has been appointed to the LACBA Diversity Committee and to the LACBA Attorney Client Mediation and Arbitration Services Committee. She also served as Vice President of the Italian American Lawyers Association in 2017.

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