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  Tuesday, May 14, 2019  
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.
Consumer Protection
California's Investigative Consumer Reporting Agencies Act is unconstitutionally vague as applied to tenant screening reports due to its overlap with California's Consumer Credit Reporting Agencies Act. 15 U.S.C. Sec. 1681c(a) permits consumer reporting of a criminal charge for only seven years following the date of entry of the charge, rather than the date of disposition. The dismissal of a charge does not constitute an adverse item and may not be reported after the reporting window for the charge has ended.

Moran v. The Screening Pros - filed May 14, 2019
Cite as 2019 S.O.S. 12-57246
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Criminal Law and Procedure
A judge's offer to appoint standby counsel did not render a defendant's waiver of counsel equivocal. A defendant's equivocal statements earlier in a hearing do not taint his final, unequivocal waiver of counsel. The fact that a defendant presented an unorthodox and ultimately unsuccessful defense does not warrant finding that he could not represent himself.

United States v. Audette - filed May 14, 2019
Cite as 2019 S.O.S. 17-10017
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Real Property
A priority use provision, an affirmative obligation to maintain and repair, and the ability to lease the property to others together create sufficient control of the property such that a landowner who leases the property is held liable as a premises owner.

Adamson v. Port of Bellingham - filed May 14, 2019
Cite as 2019 S.O.S. 16-35314
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Civil Procedure
Code of Civil Procedure Sec. 418.10 applies before a defendant has made a general appearance and it allows a defendant filing a motion to dismiss an action for lack of personal jurisdiction to file simultaneously a motion to stay or dismiss the action for inconvenient forum, without having the latter motion constitute a general appearance. Sec. 410.30 applies after a defendant has made a general appearance.

Global Financial Distributors v. Superior Court (Perera) - filed April 16, 2019, publication ordered May 13, 2019, Second District, Div. Seven
Cite as 2019 S.O.S. 2226
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Criminal Law and Procedure
The amendments to Penal Code Sec. 12022.5(c), Sec. 12022.53(h), Sec. 667(a) and Sec. 1385(b) apply retroactively to cases not yet final at the time the amendments took effect.

People v. Zamora - filed May 14, 2019, Fourth District, Div. Two
Cite as 2019 S.O.S. 2231
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Criminal Law and Procedure
Penal Code Sec. 1308(1) unambiguously specifies, without exception, that if an appeal bond is not posted and a bail forfeiture related summary judgment remains unpaid after 30 days from service of the notice of entry of judgment, the indebted person or company may not be accepted as a surety on bail.

County of Orange v. Seneca Insurance Company - filed April 19, 2019, publication ordered May 14, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 2234
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Employment Law
A demurrer was properly sustained to a retaliation claim where the plaintiff did not allege any of the named defendants or non-party actors held any retaliatory animus toward plaintiff or even knew of her prior lawsuit. A trial court did not commit an abuse of discretion in denying a plaintiff leave to amend a claim when there was an unexplained delay of 14 months in raising the new cause of action. The Government Claims Act does not allow a plaintiff to "cure" her failure to file a pre-lawsuit claim by filing a post-lawsuit claim.

Le Mere v. Los Angeles Unified School District - filed April 30, 2019, publication ordered May 14, 2019, Second District, Div. Eight
Cite as 2019 S.O.S. 2236
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Government Law
An agency's statutory authority to manage groundwater necessarily includes the ability to limit the quantity of water that individual users may extract, however, programs for the management of groundwater resources must be adopted pursuant to the notice, hearing and protest procedures specified in the Water Code.

Gomes v. Mendocino City Community Services District - filed May 14, 2019, First District, Div. Four
Cite as 2019 S.O.S. 2240
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A trial court abused its discretion in categorically excluding all evidence of inappropriate conduct by a teacher that did not involve a teacher's physical contact with students since at least some of that evidence was relevant to show the teacher posed a risk of sexual abuse to students, and the that the defendant school district should have been aware of this. The error was prejudicial since it was reasonably probable that the admission of this evidence would have led to a result more favorable to the plaintiff.

D.Z. v. Los Angeles Unified School District - filed May 14, 2019, Second District, Div. Four
Cite as 2019 S.O.S. 2244
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People v. Salcido - filed May 13, 2019, Fourth District, Div. Two
Cite as 2019 S.O.S. 2254
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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

“Emily   Emily Kuwahara
Emily is a litigation partner in Crowell & Moring's Los Angeles office. Emily has a broad-based litigation practice, focused on high-stakes commercial disputes at both the trial and appellate court levels, defending companies and higher education institutions, as well as representing them as plaintiffs in offensive cases.  Emily has also represented clients in criminal antitrust matters and grand jury investigations, particularly in Japan.  She currently serves as Vice President of the Japanese American Bar Association and has previously served on the boards of the Asian Pacific American Bar Association of Los Angeles County and the Asian Pacific American Women Lawyers Alliance.  In 2018, she was recognized as one of the National Asian Pacific American Bar Association’s Best Lawyers Under 40.

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