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  Wednesday, May 8, 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
Civil Procedure
Where a plaintiff previously filed a class action against nonparties to a later lawsuit, and the class action was settled, the settlement agreement and the intent of the settling parties determines the preclusive effect of the previous action.

Wojciechowski v. Kohlberg Ventures, LLC - filed May 8, 2019
Cite as 2019 S.O.S. 17-15966
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Government Law
The California Agricultural Labor Relations Board did not effect a governmental taking by creating an easement that allowed union organizers to enter their property "without consent or compensation." The access regulation also did not effect a "seizure" within the meaning of the Fourth Amendment.

Cedar Point Nursery v. Shiroma - filed May 8, 2019
Cite as 2019 S.O.S. 16-16321
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Government Law
A cable operator's lawsuit to obtain a return of the security deposit paid to a municipal cable franchising authority by the operator's predecessor-in-interest under the terms of a franchise agreement, was a claim seeking an award of money damages against a cable franchising authority. It was therefore barred by 47 U.S.C. Sec. 555a(a).

Comcast of Sacramento I, LLC v. Sacramento Metropolitan Cable Television Commission - filed May 8, 2019
Cite as 2019 S.O.S. 17-16847
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Immigration Law
The Department of Homeland Security is entitled to a stay of a preliminary injunction barring it from implementing its Migrant Protection Protocols since DHS is likely to prevail on its contention that 8 U.S.C. Sec. 1225(b)(1) "applies" only to applicants for admission who are processed under its provisions. Under that reading of the statute, Sec. 1225(b)(1) does not apply to an applicant who is processed under Sec. 1225(b)(2)(A), even if that individual is rendered inadmissible by Sec. 1182(a)(6)(C) or (a)(7). The DHS is also likely to prevail on its claim that a preliminary injunction on the implementation of its MPP was inappropriate since the MPP qualifies as a general statement of policy and general statements of policy are exempted from the Administrative Procedure Act's notice-and-comment requirement.

Innovation Law Lab v. McAleenan - filed May 7, 2019
Cite as 2019 S.O.S. 19-15716
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CALIFORNIA COURT OF APPEAL
Contract Law
A plaintiff cannot establish a contract by relying on portions of her own declaration that contradicted her own repeatedly-amended complaint. When opposing a motion, objecting to every single thing with no display of professional judgment or restraint is an abusive practice. A defendant may win summary judgment by presenting evidence that the plaintiff does not possess, and cannot reasonably obtain, needed evidence. Business and Professions Code Sec. 17510.8 does not apply to "solicitations" within the membership of a charitable organization.

Cohen v. Kabbalah Centre International - filed May 7, 2019, Second District, Div. Eight
Cite as 2019 S.O.S. 2160
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Criminal Law and Procedure
A trial court did not err in allowing a prosecutor to argue that a defendant intended to kill his victim under a "kill zone theory," and in instructing the jury on that theory, since the defendant's act of shooting a gun multiple times at a group of people on a crowded, semi-dark dance floor provided facts from which a reasonable jury could infer he intended to kill people on the dance floor, including the victim.

People v. Warner - filed May 7, 2019, Third District
Cite as 2019 S.O.S. 2164
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Modification
Key v. Tyler - filed May 7, 2019, Second District, Div. Two
Cite as 2019 S.O.S. 2173
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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

“Catherine   Catherine Endo Chuck
Catherine Endo Chuck is president of McBirney & Chuck, PC, a boutique law firm where she primarily practices corporate, real estate and nonprofits law. Prior to commencing her legal career, she was an analyst for the Los Angeles Community College District, administering the District’s contracting and risk management programs. In her legal practice, Ms. Chuck has extensive experience in complex corporate and business transactions, including mergers and acquisitions, financing transactions and operational matters for diverse businesses ranging from Fortune 500 companies to closely held corporations, professional corporations, nonprofit organizations and public entities.

Ms. Chuck is the president-elect of the Japanese American Bar Association, chairs its Corporate Affairs Committee and also served on the JABA Educational Foundation board of directors.  She is a past president of the Asian Pacific American Women Lawyers Alliance. Throughout her legal career, Ms. Chuck has remained committed to community service. She is a past president of the California Association of Nonprofits, past president of the Asian Pacific Community Fund, past chair of the steering committee to form Asians for Miracle Marrow Matches, and former member of the Japanese American National Museum Audit Committee.

Ms. Chuck served on the California State Bar Business Law Section’s Nonprofit Corporations & Unincorporated Associations Committee and the Executive Committee of LACBA’s Business & Corporation Law Section. She was a recipient of the American Bar Association Small Firm Section’s Difference Makers Award and the Japanese American Bar Association’s Service Award.

 
 
 
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