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  Wednesday, May 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.
NINTH U.S. CIRCUIT COURT OF APPEALS
Order
Preap v. McAleenan - filed May 1, 2019
Cite as 2019 S.O.S. 14-16326
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Order
Khoury v. Godfrey - filed May 1, 2019
Cite as 2019 S.O.S. 14-35482
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
The Sexually Violent Predator Act requires the filing of a commitment petition when both initial evaluators agree that a person is a sexually violent predator, even if they do so after an initial disagreement. Peer review serves the purpose of the SVP protocol because it enhances the reliability of the evaluations by ensuring completeness and adherence to professional standards. Permitting peer review of evaluations before filing the petition is consistent with the preliminary role evaluations play in the SVP commitment scheme.

People v. Morrison - filed April 30, 2019, Second District, Div. Four
Cite as 2019 S.O.S. 2063
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Criminal Law and Procedure
Proposition 57 sought to promote juvenile rehabilitation by channeling more minors into the juvenile system and eliminating Proposition 21's system of direct filing in criminal court. SB 1391 takes Proposition 57's goal of promoting juvenile rehabilitation one step further by ensuring that almost all who commit crimes at the age of 14 or 15 will be processed through the juvenile system. While SB 1391 certainly narrows the class of minors who are subject to review by a juvenile court for potential transfer to criminal court, it in no way detracts from Proposition 57's stated intent that, where a transfer decision must be made, a judge rather than a prosecutor must make the decision.

People v. Superior Court (Alexander C.) - filed April 30, 2019, First District, Div. Four
Cite as 2019 S.O.S. 2068
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Criminal Law and Procedure
A defendant who would have qualified for mental health diversion under Penal Code Sec. 1001.36, as originally enacted, but who was excluded from eligibility under the 2018 amendment to the statute, could not obtain relief, because even if Sec. 1001.36 could apply retroactively to him, the amended version of the statute excluded him. The amendment does not violate the ex post facto clauses of the state or federal Constitutions because when he was convicted, the possibility of pretrial mental health diversion did not exist.

People v. Cawkwell - filed May 1, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 2072
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Criminal Law and Procedure
In a prosecution for money laundering under Penal Code Sec. 186.10(a), when the prosecution proceeds on the theory that the defendant conducted money laundering activities "knowing that the monetary instrument represents the proceeds of, or is derived directly or indirectly from the proceeds of, criminal activity," the prosecution must demonstrate that the amount of the illegally obtained funds equals or exceeds the amount of the monetary transaction. Whether or not the illegally obtained funds have been commingled with legally obtained funds, the prosecution need not prove full or, dollar for dollar tracing between the illegally obtained funds and the monetary transaction.

People v. Bolding - filed May 1, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 2075
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Employment Law
Section 1277.1 applies when a claim was filed for which the alternative base period was used, otherwise Sec. 1277 applies. Receipt of unemployment benefits during the prior benefit year does not invalidate a claim under Sec. 1277(a) and it does not preclude the application of Sec. 1277.5. Disability benefits constitute wages for purposes of Sec. 1277 regardless of whether the claimant received unemployment benefits during the prior benefit year.

Goldstein v. California Unemployment Insurance Appeals Board - filed April 30, 2019, Sixth District
Cite as 2019 S.O.S. 2079
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Real Property
The right to reinstate a loan under Civil Code Sec. 2924c cannot be waived. When principal comes due as the result of a default, Sec. 2924c allows a borrower to cure that precipitating default and reinstate his or her loan by paying the amount of the default, plus fees and expenses.

Taniguchi v. Restoration Homes - filed April 30, 2019, First District, Div. Two
Cite as 2019 S.O.S. 2086
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MEMBER BENEFIT SPOTLIGHT
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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 Asian American and Pacific Islander Heritage Month

Eric D. Chan   Eric D. Chan
Eric D. Chan is a partner in the litigation department of Hooper, Lundy & Bookman, P.C. He is co-chair of the firm’s Recruiting Committee, as well as co-chair of the firm’s Diversity & Inclusion Committee.  

Mr. Chan’s practice is focused on complex business litigation and arbitration on behalf of providers, with an emphasis on managed care litigation and health information technology (HIT). Mr. Chan’s health care and litigation experience encompasses a broad range.  He has first-chaired jury trials and administrative proceedings to verdict, and has obtained favorable outcomes for his clients in arbitration and on summary judgment.  Mr. Chan regularly writes and speaks on a variety of issues relating to ERISA and the Affordable Care Act.  He is also a member of the firm’s Fraud & Abuse Practice Group.  

Mr. Chan’s practice also reflects a high degree of proficiency with technology. He has expertise in the areas of electronic health records (EHR), large scale electronic discovery, social media, and cloud computing. He also has experience litigating issues relating to EHR technology on behalf of health systems and other providers.   

Mr. Chan received his B.S. degree in Cybernetics, summa cum laude, from University of California at Los Angeles. He received his J.D. degree from Stanford University, where he was Co-Editor-In-Chief of Stanford Technology Law Review and a Student Fellow in the Stanford Cyberlaw Clinic. After graduation, he clerked for the Hon. Mariana R. Pfaelzer of the Central District of California.

 
 
 
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