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  Thursday, March 21, 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
Criminal Law and Procedure
Tribal law enforcement officers cannot presume for jurisdictional purposes that a detainee is a non-Indian–or an Indian–by making assumptions based on physical appearance, but an officer can rely on a detainee's response when asking about Indian status. An officer exceeded his authority as a tribal officer on a public, nontribal highway crossing a reservation when he detained a defendant and twice searched the truck without having ascertained whether the defendant was an Indian. The exclusionary rule applies in federal court prosecutions to evidence obtained in violation of the Indian Civil Rights Act's Fourth Amendment counterpart. A tribal officer does not necessarily conduct an unreasonable search or seizure for ICRA purposes when he acts beyond his tribal jurisdiction, but tribal authority consideration is highly pertinent to determining whether a search or seizure of unreasonable under ICRA. Tribal officers' extra-judicial actions do not violate the ICRA's Fourth Amendment parallel only if, under the law of a founding era, a private citizen could lawfully take those actions.

U.S. v. Cooley - filed March 21, 2019
Cite as 2019 S.O.S. 17-30022
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Indian
The Indian Gaming Regulatory Act permits tribes and states to negotiate the duration of a compact governing the conduct of a tribe's class III gaming activities.

Chemehuevi Indian Tribe v. Newsom - filed March 21, 2019
Cite as 2019 S.O.S. 17-55604
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
An inmate's good behavior during federal custody is not evidence of "an honest and upright life" within the meaning of Penal Code Sec. 1203.4a(a).

People v. Maya - filed March 19, 2019, Second District, Div. Six
Cite as 2019 S.O.S. 1239
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Employment
An element of compensation attaches to a rank if the employee is entitled to the compensation by virtue of the rank, and not his individual efforts over and above what are required to obtain the rank. The "master police officer-terrorism pay" available to qualifying Oakland police officers was not compensation attached to rank as required by the Oakland City Charter for inclusion in pension benefits.

Retired Oakland Police Officers Association v. Oakland Police and Fire Retirement System - filed March 21, 2019, First District, Div. Four
Cite as 2019 S.O.S. 1242
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Family
A trial court abused its discretion by ordering physical custody of a child changed from his mother to his father without requiring the father to prove that moving the child out of state would not cause detriment and that the change in custody would be in the best interests of the child.

In re Marriage of C.T. and R.B. - filed March 19, 2019, Fourth District, Div. Two
Cite as 2019 S.O.S. 1245
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Family
In the context of elder abuse protective orders, individual apartments in a multi-unit building are dwellings, but that the building–as a whole–is not. A court can only order a restrained party to stay away and/or move out from the protected party's "dwelling". Restraining orders authorized by two different statutory schemes are not mutual restraining orders. A family court was not required to make a finding of a "primary aggressor" between two parties where one received a restraining order under the Domestic Violence Prevention Act and the other received a restraining order under the elder abuse law.

Herriott v. Herriott - filed March 20, 2019, Second District, Div. Eight
Cite as 2019 S.O.S. 1254
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Government
Water and irrigation districts possess statutory authority to collect fees necessary to comply with the Water Conservation Act and so subvention is not available to them.

Paradise Irrigation District v. Commission on State Mandates (Department of Water Resources) - filed March 20, 2019, Third District
Cite as 2019 S.O.S. 1261
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Torts
A national fraternity does not have a special relationship with a local chapter creating a duty to control the local chapter's conduct. The existence of general policies governing the operation of local chapters and the authority to discipline them for violations does not justify imposition of a duty on national fraternities. National fraternities cannot monitor the day-to-day activities of local chapters contemporaneously, and absent an ability to do so, there can be no duty to control. A national fraternity does not have a special relationship with an invitee to a chapter house if the fraternity does not control the premises. A national fraternity cannot be held liable for a negligent undertaking in failing to protect a local chapter's guests when the national fraternity does not have day-to-day oversight over the local chapter. The national fraternity also cannot be held vicariously liable for the local chapter's actions.

Barenborg v. Sigma Alpha Epsilon Fraternity - filed March 19, 2019, Second District, Div. Four
Cite as 2019 S.O.S. 1269
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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

Cynthia Tregillis   Cynthia Tregillis
Cynthia Tregillis is the Deputy General Counsel of Contracts, Products and Intellectual Property for Western Digital Corporation, a global data infrastructure leader that markets its products under the G-Technology, HGST, SanDisk, Tegile, Upthere, and WD brands.  Ms. Tregillis currently manages the Legal Department’s teams that have responsibility over commercial transactions and business support, product development and marketing, and intellectual property.  Her team is located in the United States, Europe, Israel, Japan, China, Thailand, Singapore and Malaysia.

Ms. Tregillis established the trademark and brand protection group for Western Digital in October 2012. From December 2015 until September 2016, Ms. Tregillis was the Interim Chief Intellectual Property Counsel with global responsibility for development of Western Digital’s patent portfolio, trademark portfolio, and trade secrets and brand protection programs.  With the acquisition of SanDisk, Ms. Tregillis was named Vice President of Global Brand Protection and Trademarks for all of Western Digital’s brands, a position she held until she became Deputy General Counsel.  

Ms. Tregillis is the chair for the USC IP Institute, an annual conference established 15 years ago that addresses cutting-edge topics in IP law.  Ms. Tregillis is the first female chair and first in-house chair of the Institute.  

Prior to joining Western Digital, Ms. Tregillis was an Attorney of Counsel working in the Orange County and Los Angeles offices of Orrick, Herrington & Sutcliffe LLP, and a Partner at McDermott Will & Emery LLP and Oppenheimer, Wolff & Donnelly LLP. Ms. Tregillis’ private practice focused on trademark infringement and patent infringement cases in federal court and before the International Trade Commission.

 
 
 
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