eBriefs Header
  Monday, May 13, 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.
U.S. SUPREME COURT
Consumer Protection
The broad language of Sec. 4 of the Clayton Act readily covers consumers who purchase goods or services at higher-than-competitive prices from an allegedly monopolistic retailer. The immediate buyers from the alleged antitrust violators may maintain a suit against the antitrust violators.

Apple, Inc. v. Pepper - filed May 13, 2019
Cite as 2019 S.O.S. 17-204
Full text click here
>
Government Law
The limitations period in 31 U.S.C. Sec. 3731(b)(2) applies in a relator-initiated suit in which the government has declined to intervene. Both government-initiated suits under Sec. 3730(a) and relator-initiated suits under Sec. 3730(b) are "civil action[s] under Sec. 3730." The relator in a non-intervened suit is not "the official of the United States" whose knowledge triggers Sec. 3731(b)(2)'s three-year limitations period.

Cochise Consultancy, Inc. v. United States ex rel. Hunt - filed May 13, 2019
Cite as 2019 S.O.S. 18-315
Full text click here
>
Government Law
States retain their sovereign immunity from private suits brought in courts of other states.

Franchise Tax Board of California v. Hyatt - filed May 13, 2019
Cite as 2019 S.O.S. 17-1299
Full text click here
>
NINTH U.S. CIRCUIT COURT OF APPEALS
Criminal Law and Procedure
The Arizona Supreme Court erred in rejecting a habeus corpus petitioner's proffered mental-impairment mitigation evidence on the ground that the alleged impairment did not have a causal nexus to the commission of the crime, but the error was harmless where the petitioner failed to establish even the existence of any such impairment. Defense counsel's representation fell below the objective standard of reasonableness where counsel did not begin penalty-phase investigation promptly after they were appointed.

Kayer v. Ryan - filed May 13, 2019
Cite as 2019 S.O.S. 09-99027
Full text click here
>
CALIFORNIA COURT OF APPEAL
Consumer Protection
A sales transaction involved attempted seller-assisted loans where the evidence established that a car dealer intended to enter into a binding contract only if and when the condition of financing was met. Those loans were subject to Sec. 2982.5 of the Rees-Levering Motor Vehicles Sales and Finance Act.

Front Line Motor Cars v. Webb - filed May 13, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 2200
Full text click here
>
Criminal Law and Procedure
Even if a trial court violated a defendant's due process rights by imposing fees and fines without taking his ability to pay into account, any error was harmless where the record demonstrated that the defendant had past income-earning capacity, he will have the ability to earn prison wages over a sustained period, and he will have ample time to pay the modest financial burden imposed.

People v. Johnson - filed May 10, 2019, First District, Div. Four
Cite as 2019 S.O.S. 2208
Full text click here
>
Criminal Law and Procedure
Penal Code Sec. 496(c) is clear and unambiguous, and its remedial provisions should be applied where a clear violation of Sec. 496(a) has been found.

Switzer v. Wood - filed April 15, 2019, publication ordered May 10, 2019, Fifth District
Cite as 2019 S.O.S. 2210
Full text click here
>
Criminal Law and Procedure
Penal Code Sec. 1170.95(a)'s petitioning procedure applies to a juvenile whose murder allegation was sustained by the juvenile court on a natural and probable consequences theory prior to the enactment of Senate Bill 1437.

In re R.G. - filed May 13, 2019, Second District, Div. Six
Cite as 2019 S.O.S. 2219
Full text click here
>
Real Property
A plaintiff stated a viable breach of contract claim against a homeowners association where the plaintiffs presented evidence the association's covenants, conditions, and restrictions asserted that the association would keep a project's common areas "in first class condition," yet the association was performing no preventive maintenance. Outside the covenants, conditions, and restrictions, the association had no independent duty to maintain pipes and roofing in the project's common areas.

Sands v. Walnut Gardens Condominium Association - filed May 13, 2019, Second District, Div. Eight
Cite as 2019 S.O.S. 2223
Full text click here
>
Modification
People v. Julian - filed May 13, 2019, Second District, Div. Six
Cite as 2019 S.O.S. 2225
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. Click the link below to 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

“Christina   Christina Yang
Christina Yang is Pro Bono Director & Legal Counsel for Asian Americans Advancing Justice-LA.  Advancing Justice-LA is the nation’s largest Asian American legal and civil rights organization that serves more than 15,000 individuals and organizations every year. The organization provides direct services to individual clients; engages in policy advocacy; litigates impact lawsuits; and provides social change-based leadership training.  As Pro Bono Director, Yang cultivates and leads volunteer involvement programs to support Advancing Justice - LA’s work, including developing opportunities for pro bono attorneys to expand the reach of the organization’s work. Yang also focuses on strengthening relationships between Advancing Justice - LA and key pro bono stakeholders like private attorneys, law firms, corporations, bar associations and law schools. Finally, she is also responsible for the day-to-day oversight of both legal and non-legal volunteer operations.  

As Legal Counsel, Yang provides in-house legal support and advice to the management team and senior leadership regarding general business operations, compliance and risk management. She also works across the organization to identify, assess, and reduce legal and business risks. She collaborates with IT on privacy and data security matters. Finally, she advises and counsels organizational leadership concerning contracts and MOUs, as needed. In this role, she engages pro bono counsel to support as appropriate.  

Yang is a board member of the Asian Pacific American Bar Association of Los Angeles County, and is currently Co-Chair of its Public Appointments and Judicial Endorsements committee, as well as President-Elect on the Executive Committee. She is also a member of the Pro Bono Coordinating Committee for the State Bar's California Commission on Access to Justice, as well as LACBA's Access to Justice Committee. Yang is a graduate of the UC Berkeley School of Law, and received her undergraduate degree summa cum laude from the University of Pennsylvania.  During law school, she was a Publishing Editor for the California Law Review and a Senior Articles Editor for the Asian American Law Journal.  

Yang was also recently selected as the 2019 Dale Minami Public Interest Fellow.  The Minami Fellowship was established in 2008 to provide critical financial support to outstanding law school graduates who commit to serving the public interest.

 
 
 
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