eBriefs Header
  Thursday, May 2, 2019  
LACBA.ORG  |  EBRIEFS ARCHIVE  |  CALENDAR  |  MEMBERSHIP BENEFITS
   
 
 
     
 
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
Bankruptcy Law
Pursuant to 11 U.S.C. Sec. 1129(a)(3), bankruptcy courts must police the means of a reorganization plan's proposal, not its substantive provisions. A plan allowing a property to be leased to grow marijuana can be confirmed because it was not proposed by any means forbidden by law.

Garvin v. Cook Investments NW, SPNWY - filed May 2, 2019
Cite as 2019 S.O.S. 18-35119
Full text click here
>
Criminal Law and Procedure
Because an element of health care fraud is a scheme or pattern of criminal conduct, the Mandatory Victims Restitution Act of 1996 permits the district court to base restitution on related but uncharged conduct that was part of the defendant's fraud scheme. The MVRA authorizes district courts to impose restitution to all victims for the losses they suffered from the defendant's conduct throughout the course of the fraudulent scheme, even where such losses were in part caused by conduct outside the statute of limitations.

United States v. Anieze-Smith - filed May 2, 2019
Cite as 2019 S.O.S. 16-50208
Full text click here
>
Employment Law
The "ABC test" for determining whether workers are employees adopted by the California Supreme Court in Dynamex Operations West v. Superior Court applies retroactively.

Vazquez v. Jan-Pro Franchising International, Inc. - filed May 2, 2019
Cite as 2019 S.O.S. 17-16096
Full text click here
>
Intellectual Property
A party's suit for patent infringement precludes a later suit for copyright infringement under the doctrine of claim preclusion to the extent the copyright infringement was based in the same alleged misappropriation of intellectual property as the prior patent infringement claims. The party is not barred from asserting copyright infringement claims that accrued after it filed its patent-infringement suit.

Media Rights Technologies, Inc. v. Microsoft Corporation - filed May 2, 2019
Cite as 2019 S.O.S. 17-16509
Full text click here
>
Securities
An entity is not a "municipal securities dealer" for purposes of determining whether it is subject to compelled arbitration before the Financial Industry Regulatory Authority if it does not trade in securities on its own account.

BOKF, NA v. Estes - filed May 2, 2019
Cite as 2019 S.O.S. 18-15369
Full text click here
>
CALIFORNIA SUPREME COURT
Criminal Law and Procedure
The occasional approval of funds for a jury consultant did not suggest an expert is constitutionally required. There is no federal constitutional requirement that a trial court conduct individualized, sequestered voir dire in a capital case. Posing rehabilitative questions to all prospective jurors who expressed opinions on the death penalty is neither unfair nor improper. Where no challenged panelist actually served on a defendant's jury, there is no basis to conclude that the jury empanelled was anything but impartial. The Aranda/Bruton rule has no application when a defendant and co-defendent whose incriminating extrajudicial statements are offered are not jointly tried. An implied identification from an unidentified citizen informant was not significant where there was considerable direct and circumstantial evidence placing defendant at the crime scene. A trial court properly admitted an unredacted video into evidence that accurately represented the events depicted and demonstrated the full extent of the suffering defendant inflicted on his victim.

People v. Bell - filed May 2, 2019
Cite as 2019 S.O.S. 2089
Full text click here
>
CALIFORNIA COURT OF APPEAL
Civil Procedure
A vexation litigant who filed the complaint that initiated litigation had to comply with the pre-filing order entered against her. The only possible purpose of an appeal attempting to relitigate issues that either were or should have been litigated more than a decade ago is harassment of the defendant.

McFadden v. L.A. County Treasurer and Tax Collector et al. - filed May 1, 2019, Second District, Div. One
Cite as 2019 S.O.S. 2110
Full text click here
>
Criminal Law and Procedure
Once defense counsel declares a doubt as to the defendant's competence, it may not be withdrawn. The issue can only be resolved upon a trial court finding of competence vel non.

People v. Gonzales - filed May 2, 2019, Second District, Div. Six
Cite as 2019 S.O.S. 2113
Full text click here
>
Employment Law
A worker qualified as a transportation worker engaged in interstate commerce under 9 U.S.C. Sec. 1 even though he did not physically transport goods across state lines, since his employer is in the transportation industry, and the vast majority of the goods he transported originated outside California.

Muller v. Roy Miller Freight Lines, LLC - filed May 1, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 2117
Full text click here
>
 
 
 
MEMBER BENEFIT SPOTLIGHT
ABOGADO.COM LAWYER DIRECTORY – by Thomson Reuters
Abogado.com is the premier online destination for Spanish-speaking consumers looking for legal help. The site offers comprehensive legal resources, informative videos, and an extensive Spanish-language attorney directory that enables consumers to get help with their legal needs. With unparalleled visibility in search engines, as well as a rapidly-growing audience, advertising in the Abogado directory allows qualified firms and attorneys to reach and connect with Hispanic legal consumers in ways no other directory can match. Learn More About Abogado!

read more
>
LACBA members receive discounts on Metropolitan News Company publications and services. For more information, contact Vahn Babigian at (213) 346-0033 or go to http://www.metnews.com/info.html


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

“Staci   Staci M. Tomita
Staci M. Tomita is a partner at Shumener, Odson & Oh LLP, where she litigates complex business disputes with a focus on commercial real estate and finance. She has represented a broad range of clients – from international private equity firms to individual owners – on a wide range of matters, including fraud, breach, construction defect, landlord/tenant, partnership disputes, quiet title, adverse possession, waste, violation of restrictive covenants and easements, trade secret, unlawful detainer and foreclosures.

Before joining Shumener, Odson & Oh LLP, Staci litigated commercial disputes at DLA Piper LLP (US). She earned her J.D. from the University of Southern California Gould School of Law, and her B.A. in Sociology and Rhetoric from the University of California at Berkeley, Phi Betta Kappa.

Staci has been named a Southern California Rising Star by Super Lawyers and is a Governor and the Secretary on the Board of the Japanese American Bar Association, in addition to a member of the Los Angeles County Bar Association Litigation Executive Committee. She also co-authored the article entitled “Boilerplate Breakdown,” which was published in the January 2015 edition of Los Angeles Lawyer.

 
 
 
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
Problems or comments?
Email us at ebriefs@lacba.org
© 2019 Los Angeles County Bar Association. The information contained in this document is intended solely for use by the person identified above. Any transmission to or copying for the benefit of another person is prohibited. Metropolitan News-Enterprise, SOS and MNC are registered trademarks of the Metropolitan News Company. Summaries are copyrighted by Metropolitan News Company © 2019, all rights reserved.
   
 
 
 


www.lacba.org

 


www.metnews.com