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  Friday, March 22, 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
A sentence for conspiracy to import methamphetamine cannot, consistent with the Sixth Amendment's jury trial guarantee, be sustained solely by the defendant's admission that he conspired to import marijuana but that it was "reasonably foreseeable that the controlled substance may be methamphetamine".

U.S. v. Jaregui - filed March 22, 2019
Cite as 2019 S.O.S. 16-50429
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Criminal Law and Procedure
An abuse-of-discretion standard applies for reviewing a district court's choice of remedial action in response to a successful or partially successful 28 U.S.C. Sec. 2255 motion. A decision to restructure a defendant's sentence when only one of the counts of conviction is found to be invalid is not mandatory.

Troiano v. U.S. - filed March 22, 2019
Cite as 2019 S.O.S. 18-15183
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Consumer Protection
A defendant who hired a student loan servicer can be held vicariously liable for the conduct of debt collectors hired by the loan servicer if the defendant ratified the debt collectors' calling practices and had a principal-agent relationship with the debt collectors.

Henderson v. United Student Aid Funds - filed March 22, 2019
Cite as 2019 S.O.S. 17-55373
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CALIFORNIA COURT OF APPEAL
Employment
The Federal Arbitration Act's transportation worker exemption is limited to those "engaged in" interstate commerce. A delivery truck driver can be a transportation worker engaged in interstate commerce even though his deliveries were exclusively to destinations within a single state if his intrastate deliveries were part of the movement of interstate goods to their destinations.

Nieto v. Fresno Beverage - filed March 7, 2019, publication ordered March 22, 2019, Fifth District
Cite as 2019 S.O.S. 1275
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Real Property
Where rented property is not subject to a rent control ordinance, the property owner cannot be held civilly liable for charging an amount of rent that is expressly allowed under the parties' written lease agreement or is not precluded by law under a month-to-month rental agreement. No authority allows an award of tort and punitive damages against a landlord for charging above-market rental rates that are expressly allowed by the parties' lease agreement or by law applicable to month-to-month tenancies. It unnecessary to invoke the implied covenant of good faith and fair dealing to limit a contracting party's discretion affecting the contractual rights of the other party if that discretion is subject to other prescribed or implied limitations, such as being in proportion to an objectively determined base.

Bevis v. Terrace View Partners - filed February 28, 2019, certified for partial publication March 21, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 1280
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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

Tina Shim   Tina Shim
Tina Shim is a Deputy City Attorney for the City of Los Angeles, and is currently assigned to the Los Angeles Department of Water and Power where she handles a variety of matters, including environmental and privacy laws. She also has extensive experience in California Public Records Act matters. Ms. Shim began her career as a misdemeanor prosecutor, focusing on domestic violence and child abuse cases. She formerly served for six years on the board of the Asian Pacific City Attorneys Association and now serves on LACBA’s Judicial Appointments Committee. Ms. Shim attended Amherst College in Massachusetts and University of California Hastings College of the Law in San Francisco. She was featured on the cover of the January 2015 issue of Los Angeles Lawyer magazine.

 
 
 
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