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  Wednesday, March 20, 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.
U.S. SUPREME COURT
Civil Procedure
The violation of a statutory right does not automatically satisfy the injury-in-fact requirement whenever a statute authorizes a person to sue to vindicate that right. An intermediate appellate court must decide in the first instance whether any named plaintiff in a class action has alleged Stored Communications Act violations that are sufficiently concrete and particularized to support standing.

Frank v. Gaos - filed March 20, 2019
Cite as 2019 S.O.S. 17-961
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Consumer Protection
A business engaged in no more than nonjudicial foreclosure proceedings is not a debt collector under the Fair Debt Collection Practices Act, except for the limited purpose of 15 U.S.C. Sec. 1692f(6).

Obduskey v. McCarthy & Holthus - filed March 20, 2019
Cite as 2019 S.O.S. 17-1307
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NINTH U.S. CIRCUIT COURT OF APPEALS
Civil Procedure
There is appellate jurisdiction over a district court order granting motions for Younger abstention since the order –is effectively a final decision. A state nuisance proceeding can constitute a civil enforcement proceeding within the scope of the Younger doctrine. Nuisance actions implicate important state interests.

Herrera v. City of Palmdale - filed March 20, 2019
Cite as 2019 S.O.S. 17-55761
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Constitutional
There is no clearly established law holding that officers violate the Fourth or Fourteenth Amendment when they steal property that is seized pursuant to a warrant.

Jessop v. City of Fresno - filed March 20, 2019
Cite as 2019 S.O.S. 17-16756
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Immigration
A Mexican police officer seeking asylum did not establish past harm rising to the level of persecution, where he received two death threats from hitmen for drug cartel, to cooperate with them in transporting drugs to the Mexican border. While death threats can constitute persecution, they constitute persecution in only a small category of cases, and only when the threats are so menacing as to cause significant actual suffering or harm.

Duran-Rodriguez v. Barr - filed March 20, 2019
Cite as 2019 S.O.S. 16-72957
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CALIFORNIA COURT OF APPEAL
Civil Procedure
A general partner had standing to disqualify an attorney from representing a partnership when a majority of the partners did not agree to retain the attorney. A trial court did not err in disqualifying the attorney where there was a demonstrated risk that the attorney's representation may not be in the best interests of the partnership.

Jarvis v. Jarvis - filed March 19, 2019, Sixth District
Cite as 2019 S.O.S. 1212
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Criminal Law and Procedure
A minor defendant who was charged directly in adult court and had his sentence upheld on appeal was entitled to a juvenile fitness/transfer hearing pursuant to Proposition 57 since the new law was enacted before remittitur issued. While conducting that hearing, the juvenile court shall, to the extent possible, treat the matter as though the prosecutor had originally filed a juvenile petition in juvenile court and had then moved to transfer defendant's cause to a court of criminal jurisdiction. If, after conducting the juvenile transfer hearing, the juvenile court finds it would not have transferred defendant to a court of criminal †jurisdiction, it shall treat the defendant's convictions as juvenile adjudications, exercise its discretion under Penal Code Sec. 12022.53(h), and impose an appropriate disposition within its discretion.

People v. Hargis - filed March 20, 2019, Fifth District
Cite as 2019 S.O.S. 1222
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Criminal Law and Procedure
The kill zone theory is one of concurrent intent–the defendant has the intent to kill a particular target, and the jury can infer from the method employed to attempt killing the primary target a concurrent intent to kill those around the primary target to ensure the primary target's death. Without a primary target, there cannot be concurrent intent because there is no primary intent to kill as to which the intent to kill others could be concurrent. In addition to a primary target, there must be evidence of a specific intent to kill everyone in the kill zone surrounding the primary target, whether or not they are a charged victim. The kill zone theory does not operate as an exception to the mental state requirement for attempted murder or as a means of bypassing that requirement.

People v. Medina - filed March 19, 2019, Second District, Div. One
Cite as 2019 S.O.S. 1227
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Environmental
Res judicata bars all of an environmental group's objections to a partially circulated environmental impact report certification and project approval, except for those issues arising from the partially recirculated EIR concerning traffic impacts, where all these other issues were litigated and resolved, or could have been litigated and resolved, in connection with a prior petition for writ of mandate, and the prior writ did not require that any issue be revisited aside from the traffic impacts.† A recirculated EIR †adequately analyzed and mitigated traffic impacts where the report responded to concerns raised by other government entities and it accounted for a prison expansion project.

Ione Valley Land, Air and Water Defense Alliance v. County of Amador (Newman Minerals) - filed February 26, 2019, publication ordered March 20, 2019, Third District
Cite as 2019 S.O.S. 1235
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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 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

Janella T. Gholian   Janella T. Gholian
Janella Gholian, Special Counsel at Katten Muchin Rosenman LLP,  concentrates her practice in litigation matters, with particular emphasis in labor and employment matters, including wrongful termination, retaliation, discrimination, harassment, breach of contract and wage and hour claims. She has experience advising clients on human resource needs, including hiring, termination, employment handbooks, policy implementation and other similar strategic decisions. Ms. Gholian has significant experience drafting settlement/severance agreements, executive contracts/compensation agreements, employment contracts and non-solicitation/non-compete agreements. She also has participated in a number of pro bono matters, including domestic violence/restraining orders, civil and probate cases. Janella currently volunteers with LACBA’s Domestic Violence Legal Services Project.  

While attending law school, Janella served as editor of the Loyola of Los Angeles Law Review.

 
 
 
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