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  Monday, April 1, 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
Criminal Law and Procedure
The rule of Baze v. Rees and Glossip v. Gross govern all Eighth Amendment challenges, whether facial or as-applied, alleging that a method of execution inflicts unconstitutionally cruel pain.

Bucklew v. Precythe - filed April 1, 2019
Cite as 2019 S.O.S. 17-8151
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Social Security
A vocational expert's refusal to provide private market-survey data upon the applicant's request does not categorically preclude the testimony from counting as "substantial evidence".

Biestek v. Berryhill - filed April 1, 2019
Cite as 2019 S.O.S. 17-1184
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NINTH U.S. CIRCUIT COURT OF APPEALS
Order
Martin v. City of Boise - filed April 1, 2019
Cite as 2019 S.O.S. 15-35845
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Order
Sanchez v. Barr - filed April 1, 2019
Cite as 2019 S.O.S. 14-71768
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CALIFORNIA COURT OF APPEAL
Civil Procedure
A death knell order does not constitute a "trial" for purposes of Code of Civil Procedure Sec. 583.310, and an appellate decision reversing such an order does not trigger the three-year extension under Sec. 583.320(a)(3).

Rel v. Pacific Bell Mobile Services - filed March 29, 2019, First District, Div. Five
Cite as 2019 S.O.S. 1547
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Civil Procedure
A request to the court that it retain jurisdiction under Code of Civil Procedure Sec. 664.6 must be made by the litigants, not their attorneys of record.

Mesa RHF Partners v. City of Los Angeles - filed March 29, 2019, Second District, Div. One
Cite as 2019 S.O.S. 1551
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Criminal Law and Procedure
Asking questions, including incriminating questions, does not turn an encounter with law enforcement into a detention. A person is not detained as long as a reasonable and innocent person in the same position would have felt free to go.

People v. Chamagua - filed March 29, 2019, Second District, Div. Eight
Cite as 2019 S.O.S. 1553
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Employment Law
A California choice-of-law clause in an arbitration agreement covering "all disputes" arising from the employment relationship does not remove the parties' agreement to arbitrate wage claims.

Bravo v. RADC Enterprises, Inc. - filed March 29, 2019, Second District, Div. Eight
Cite as 2019 S.O.S. 1555
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Government Law
A 2019 amendment to Penal Code Sec. 832.7 that expands public access to certain peace officer records can be used to compel the disclosure of records created prior to 2019. Although the records may have been created prior to 2019, the event necessary to "trigger application" of the new law–a request for records maintained by an agency– necessarily occurs after the law's effective date.

Walnut Creek Police Officers Association v. City of Walnut Creek (First Amendment Coalition) - filed March 29, 2019, First District, Div. Four
Cite as 2019 S.O.S. 1557
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Probate Law
Assuming that the status of all alleged heirs must be determined simultaneously at a single hearing, an alleged heir did not suffer prejudice if the alleged heir could not show how a different result might have changed absent the error. In order for the mark on a document to be an official seal, it must include a signature by a public official. A court may find evidence to be inadmissible without an objection having been raised by a party.

Estate of Herzog - filed March 29, 2019, Fourth District, Div. Two
Cite as 2019 S.O.S. 1558
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Tax Law
A set of homeowners were entitled to tax relief under Revenue and Tax Code Sec. 69.5 where they sold their original property and constructed a replacement property which, at the time of their claim, they owned and occupied as their primary residence. The fact that, to satisfy a bank requirement, they made temporary use of a limited liability company before taking title to their replacement property provides no justification under the terms of the statute or in logic or fairness for denying them the relief provided by Sec. 69.5.

Wright v. County of San Mateo - filed March 29, 2019, First District, Div. Four
Cite as 2019 S.O.S. 1565
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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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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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