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  Wednesday, March 27, 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
Securities
Dissemination of false or misleading statements with intent to defraud can fall within the scope of Securities and Exchange Commission Rules 10b–5(a) and (c), as well as the relevant statutory provisions, even if the disseminator did not "make" the statements and consequently falls outside Rule 10b–5(b).

Lorenzo v. Securities and Exchange Commission - filed March 27, 2019
Cite as 2019 S.O.S. 17-1077
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CALIFORNIA COURT OF APPEAL
Civil Procedure
The doctrine of equitable tolling does not apply, as a matter of law, where a plaintiff voluntarily dismissed his first lawsuit, weeks before trial, to re-file in federal court, and he fails to allege facts that would support the inference that he did so reasonably and in good faith.

Long v. Forty Niners Football Company - filed March 26, 2019, First District, Div. Four
Cite as 2019 S.O.S. 1368
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Civil Procedure
Giving notice of an intent to file a medical malpractice action under Code of Civil Procedure Sec. 364 does not alter the jurisdictional deadlines underlying an application for relief from the Government Claims Act requirement of presenting a timely claim to a public entity before bringing an action for damages against it.

Last Frontier Healthcare District v. Superior Court (Harper) - filed March 26, 2019, Third District
Cite as 2019 S.O.S. 1371
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Criminal Law and Procedure
When federal immigration law is clear that a conviction will result in deportation, a defense attorney renders deficient representation if he does not accurately advise his client of that consequence.

In re Hernandez - filed March 26, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 1375
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Criminal Law and Procedure
Where a defendant's challenge on direct appeal is based on a newly announced constitutional principle that could not reasonably have been anticipated at the time of trial, he does not forfeit the issue by having failed to raise it at trial. A defendant is entitled to a limited remand for a hearing on his ability to pay fees, fines and assessments where the defendant did not request an ability-to-pay hearing at his sentencing, which pre-dated the issuance of People v. Dueñas, and no evidence exists in the record from which to infer any findings in this regard.

People v. Castellano - filed March 26, 2019, Second District, Div. Seven
Cite as 2019 S.O.S. 1382
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Environmental Law
An accurate, stable and finite project description is the sine qua non of an informative and legally sufficient environmental impact report. An EIR that articulated two possible variations for a development and fully disclosed the maximum possible scope of the project is adequate. An agency has discretion in selecting the methodology to be used in evaluating environmental impact, subject to review for substantial evidence. While an EIR must demonstrate a good faith effort at full disclosure, it does not require perfection, nor exhaustive analysis.

South of Market Community Action Network v. City and County of San Francisco (Forest City California Residential Development) - filed Feb. 22, 2019, publication ordered March 25, 2019, First District, Div. One
Cite as 2019 S.O.S. 1384
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Government Law
Code of Civil Procedure Sec. 430.41 does not contain any penalties for the failure to follow the meet-and-confer process set forth in subdivision (a)(1). Government Code Sec. 54960.1 only allows for nullification of an action if the legislative body violated the open and public meeting provisions or the notice requirements. It does not offer a remedy for actions taken following a violation of Sec. 54954.3 governing the public comment period required at local agency meetings. A local agency's substantial compliance with the Ralph M. Brown Act bars a cause of action under Sec. 54960.1 but not Sec. 54960.

Olson v. Hornbrook Community Services District - filed March 26, 2019, Third District
Cite as 2019 S.O.S. 1396
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Modification
Los Angeles County Metropolitan District v. Yum Yum Donut Shops - filed March 26, 2019, Second District, Div. One
Cite as 2019 S.O.S. 1405
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Modification
Deere & Company v. Allstate Insurance Company - filed March 26, 2019, First District, Div. Four
Cite as 2019 S.O.S. 1406
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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

Liz Arce   Liz Arce
Liz Arce, Partner at Liebert Cassidy Whitmore, focuses her practice on a wide array of labor and employment cases in state and federal trial and appellate courts, and handles matters in arbitration and before administrative agencies. Liz has successfully represented employers in matters ranging from single plaintiff lawsuits to wage and hour class and collective actions. Her litigation experience includes numerous successful summary judgment motions, defeating class certification, and decertifying collective actions.  

When she is not defending litigation matters, Liz advises employers on diverse employment matters such as wage and hour, disability accommodations, public safety, employee discipline, disability retirements, and anti-discrimination, harassment and retaliation laws. At the center of her employment counseling practice is auditing employer policies and practices for compliance with wage and hour laws, such as the Fair Labor Standards Act.  

Liz is also a dynamic trainer who is motivated by her commitment to the firm's clients and her passion for employment law. In addition to presenting to the firm's consortiums, Liz also frequently speaks at regional, statewide and national conferences on a variety of employment-related topics. Liz currently serves on LACBA’s Labor and Employment Law Section Executive Committee and was on the Planning Committee for LACBA’s 2018 and 2019 Labor & Employment Law Symposium.

 
 
 
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