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  Monday, March 25, 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.
Government Law
A memo issued by a sheriff's department establishing protocols and parameters for communications between department employees and Immigration and Customs Enforcement was a discretionary act that was entitled to immunity under California Government Code Sec. 820.2. A judge properly considered the contents of the memo under the incorporation by reference doctrine, where the memo formed the very basis of a tort plaintiff's claims and the plaintiff referred extensively to the memo throughout the district court proceedings. Although 8 U.S.C. Sec. 1373(a) and Sec. 1644 prohibit restrictions on providing certain types of information to ICE, they plainly and unambiguously do not prohibit law enforcement agency from limiting disclosure of release-date information. A law enforcement agency's failure to provide ICE with inmate release date information does not violate the California Public Records Act.

Steinle v. City and County of San Francisco - filed March 25, 2019
Cite as 2019 S.O.S. 17-16283
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Civil Procedure
The pleadings in a case delimit the scope of the issues that are pertinent to resolution of the case. While the outcome of a due diligence review process may be challenged by a mandamus action, a trial court properly declined to review a dispute over the DDR findings where the pleadings did not properly raise any issues about the correctness of the DDR determinations.

California Department of Finance v. City of Merced (Cardella-Presto) - filed March 22, 2019, Third District
Cite as 2019 S.O.S. 1297
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People v. Perry - filed March 15, 2019, First District, Div. Two
Cite as 2019 S.O.S. 1301
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Administrative Law
Health and Safety Code Sec. 1428(b)'s reference to the filing of a case management statement "pursuant to Rule 212 of the California Rules of Court" was meant only to define the contents and timing of a CMS. The repeal of Rule 212 did not affect the statutory requirement that a licensee prosecuting a judicial appeal file and serve a CMS. If a CMS is not filed within six months of the filing of the Department of Public Health's answer, a court must grant the department's motion to dismiss a facility's action appealing a citation, even if a superior court's local rule provides that a case management conference is optional.

York Healthcare & Wellness Centre v. State Department of Public Health; Superior Court of California, County of Los Angeles - filed March 8, 2019
Cite as 2019 S.O.S. 1303
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Criminal Law and Procedure
Pursuant to Harbors and Navigation Code Sec. 655.1, parties are not deemed to have given their consent to a blood, breath, or urine test by driving a boat. An officer violated this statute by informing a boat operator that he had to submit to a test. The boat operator's submission to a test was not voluntary where the boat operator was under the misimpression that he had to submit, he had been detained for field sobriety tests, taken from his boat, transported to a patrol vessel, and placed under arrest.

People v. Gutierrez; Superior Court of California, County of Yolo - filed Feb. 14, 2019
Cite as 2019 S.O.S. 1307
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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

Mary Thornton House   Mary Thornton House
Judge Mary Thornton House retired from the Los Angeles Superior Court in September 2018 after serving for 22 years. She has started her third career as a private neutral for Alternative Resolution Centers (ARC). Starting out in the Pasadena Municipal Court handling criminal cases, Judge House quickly transitioned to civil and probate assignments in Pasadena and the Stanley Mosk Courthouse.

Judge House has been honored throughout her career by many organizations. In 2004, Los Angeles County honored her as one of its ‘Women of the Year’ and she was named Judge of the Year by the Pasadena Bar Association. In 2008, the California Judges Association awarded her the Bernard S. Jefferson Award for Excellence in Judicial Education. In 2011, the San Fernando Valley Bar Association awarded her the Excellence in Judicial Administration award for her leadership in getting California’s Expedited Jury Trials legislation passed, the development of the current universal judgment form, and simplification of small claims pleadings. In 2013, the San Fernando Valley Bar Association named her their Judge of the Year.

Judge House was Dean of California B.E. Witkin Judicial College which provides for education of all judicial officers in California. The college is a nationally recognized institution and exemplar for judicial education where she has been an instructor and seminar leader since 1997. In 2007, Yale Law School selected her to teach at their China Law Center in Beijing, China, courses on small claims and limited civil procedures to selected judges from throughout China.

Judge House was an Assistant City Attorney and civil litigator for the City of Los Angeles. She graduated from UCLA and received her Juris Doctorate from the University of San Diego. Judge House is a member of the Los Angeles Lawyer Magazine Editorial Board. Her article profiling Presiding Judge Kevin Brazile will be featured in the April Edition.

The full text of case rulings are in PDF files and require Adobe’s free Acrobat Reader to view. To download a copy go to: www.adobe.com//products/acrobat/readstep.html
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