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  Thursday, April 11, 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
The proper venue for a defendant's assault on a fellow passenger on a commercial flight is the district in whose airspace the assault occurred.

United States v. Lozoya - filed April 11, 2019
Cite as 2019 S.O.S. 17-50336
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CALIFORNIA SUPREME COURT
Criminal Law and Procedure
Defendants who had not yet been sentenced as of Proposition 47's effective date are entitled to initial sentencing under Proposition 47's amended penalty provisions, without regard to the resentencing procedures applicable to those who were already serving their sentences.

People v. Lara - filed April 11, 2019
Cite as 2019 S.O.S. 1749
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Modification
People v. Westerfield - filed April 10, 2019
Cite as 2019 S.O.S. 1753
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
Sentences of 95 and 129 years for defendants who had been 19 at the time of their offenses do not constitute cruel and unusual punishment given the ruthlessness of their crimes of armed robbery and rape. While a sentencing scheme can rationally express the public's distaste for sex offenders, it cannot limit their opportunity for eventual parole more harshly than it limits those who commit intentional first degree murder.

People v. Edwards - filed April 10, 2019, First District, Div. Four
Cite as 2019 S.O.S. 1754
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Employment Law
An employer did not violate Labor Code Sec. 226(a)(8) by providing its fictitious business name as the employer name on its wage statements or by providing an employer address that did not contain a mail stop code or ZIP+4 Code.

Savea v. YRC Inc. - filed April 10, 2019, First District, Div. Three
Cite as 2019 S.O.S. 1760
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Employment Law
In a case where there was plainly a power imbalance between the parties, and a worker was required to sign an agreement containing a mandatory arbitration provision, and there is a dispute over whether the worker was an employee or an independent contractor, it is both unnecessary and inappropriate to resolve the question of whether the worker was an employee for purposes of an unconscionability determination. An arbitration clause was procedurally unconscionable where it was imposed on a worker as a condition of employment, with no opportunity to negotiate, when the worker was not fluent in English, and the agreement did not clearly state what rules would govern arbitration. An agreement was substantively unconscionable where it required a worker to bear his own costs for arbitration, barred him recovering attorney fees or costs, barred him from seeking statutory remedies, barred him from bringing a Private Attorney General Act claim, and barred him from seeing a Berman hearing.

Subcontracting Concepts (CT), LLC v. Chafie Gabriel Pereira Moreira De Melo (Department of Industrial Relations) - filed April 10, 2019, First District, Div. Two
Cite as 2019 S.O.S. 1763
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Modification
In re Caden C. - filed April 10, 2019, First District, Div. One
Cite as 2019 S.O.S. 1768
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