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  Friday, April 5, 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.
CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
The second-degree felony-murder rule is not unconstitutionally vague. A crime is not unconstitutionally vague if a court assesses risk by consideration of the real-world facts underlying the conviction or consideration of the statutory elements of the crime. A jury was properly instructed that the crime of kidnapping for extortion continues until a defendant has reached a place of temporary safety. A prosecutor's closing argument that she had not only proved the charged offenses beyond a reasonable doubt, but that the evidence showed the defendant's culpability was even greater than that with which he was charged, did not imply the charges were reduced or leniency was extended.

People v. Frandsen - filed April 4, 2019, Second District, Div. Eight
Cite as 2019 S.O.S. 1648
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Employment Law
The law remains that a terminated for-cause employee can still qualify for disability retirement when the conduct which prompted the termination was the result of the employee's disability or if she had a "matured right" to a disability retirement prior to the conduct which prompted the termination. The Board of Administration of the California Public Employees Retirement System reasonably extended this precedent to establish a rule that when an employee settles a pending termination for cause and agrees not to seek reemployment, this is "tantamount to a dismissal", thus precluding a disability retirement.

Martinez v. Public Employees' Retirement System - filed April 4, 2019, First District, Div. Two
Cite as 2019 S.O.S. 1659
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Real Property
Zoning administrator's misunderstanding of the scope of his discretion was not prejudicial error where the administrator stated he would have made the same conclusion had he properly understood what discretion he had. A city did not commit an abuse of discretion and denying approval for a home construction project where the applicants for a land-use adjustment did not demonstrate that they cannot build a home on the property without the adjustment.

York v. City of Los Angeles - filed March 8, 2019, publication ordered April 5, 2019, Second District, Div. Three
Cite as 2019 S.O.S. 1666
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Modification
People v. Eddy - filed April 5, 2019, Third District
Cite as 2019 S.O.S. 1674
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MEMBER BENEFIT SPOTLIGHT
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