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  Thursday, May 16, 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
Criminal Law and Procedure
The rule of Dean v. U.S., which held that when a defendant is facing two consecutive sentences–one for a predicate offense, which does not carry a mandatory minimum sentence, and one for an offense committed under 18 U.S.C. Sec. 924(c), which does carry a mandatory minimum–the sentencing judge has the discretion to consider the defendant's mandatory sentence when deciding the proper time to be served for the predicate offense, was statutory, not constitutional, and even if it were constitutional, the Supreme Court has not made the rule retroactive to cases on collateral review.

Garcia v. United States - filed May 16, 2019
Cite as 2019 S.O.S. 17-71759
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Criminal Law and Procedure
Congress acted within its constitutional authority in enacting 52 U.S.C. Sec. 30121(a) and the statute does not violate foreign nationals' First Amendment rights. Sec. 30109(d) does not require that the government prove that a defendant harbored the specific intent to evade Sec. 30121. Assuming that the Second Amendment extends to non-immigrant visa holders, 18 U.S.C. Sec. 922(g)(5)(B)'s prohibition on firearm possession and ownership by non-immigrant visa holders serves an important public interest in crime control and public safety, without substantially burdening a non-immigrant visa holder's assumed Second Amendment right. Sec. 922(g) is not unconstitutionally vague as applied to B1/B2 visa holders.

United States v. Singh - filed May 16, 2019
Cite as 2019 S.O.S. 17-50337
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CALIFORNIA SUPREME COURT
Criminal Law and Procedure
Conspiracy to commit murder does not render a defendant death-eligible. Substantial evidence did not support a lying in wait special-circumstance true finding where the prosecutor introduced no evidence of a surprise attack nor any evidence of how the victim was subdued.

People v. Dalton - filed May 16, 2019
Cite as 2019 S.O.S. 2255
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
A trial court erred in sentencing a defendant based on sentencing enhancements the prosecution failed to plead.

People v. Jimenez - filed May 16, 2019, Sixth District
Cite as 2019 S.O.S. 2290
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Government Law
The Los Angeles County Civil Service Commission does not have jurisdiction to rule on matters not delegated to it by the Charter of the County of Los Angeles. There is no charter provision or Civil Service Rule permitting the Commission to hear appeals related to Rule 9.07, and the Commission does not have general jurisdiction to hear appeals related to medical issues. Rule 9.07B allows an employee to "request" a medical reevaluation, but the Occupational Health Program is under no obligation to grant the request.

County Los Angeles Department of Public Social Services v. Civil Service Commission of Los Angeles County (HOA) - filed May 15, 2019, Second District, Div. Two
Cite as 2019 S.O.S. 2298
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Real Property
An urgency ordinance that imposed a temporary moratorium on charter schools was invalid because the findings of "numerous inquiries and requests for the establishment and operation of charter schools" did not amount to a "current and immediate threat" as required by government Code Sec. 65858(c).

California Charter Schools Association v. City of Huntington Park - filed April 25, 2019, publication ordered May 16, 2019, Second District, Div. Three
Cite as 2019 S.O.S. 2304
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Real Property
The Development Fee Act allows a city to impose fees on developments that have a reasonable relationship to the burden posed by the development. A fee based in significant part on costs the city will not incur does not have a reasonable relationship to the cost to of a public facility attributable to a new development. Nothing in the act prohibits a city from imposing fees to maintain its current level of service.

Boatworks, LLC v. City of Alameda - filed May 15, 2019, First District, Div. Four
Cite as 2019 S.O.S. 2308
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Modification
SSL Landlord, LLC v. County of San Mateo - filed May 15, 2019, First District, Div. Three
Cite as 2019 S.O.S. 2315
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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

“Alisa   Alisa S. Edelson
Alisa S. Edelson is Counsel in Klinedinst’s downtown Los Angeles office. Ms. Edelson has significant experience in the areas of business, professional liability, entertainment and intellectual property law. She regularly represents individuals and companies in state and federal courts on disputes involving unfair competition, defamation, trade secret misappropriation, breach of contract, copyright and trademark infringement, idea submission and wrongful termination. She also helps clients protect their brands and enforce their intellectual property rights through the use of due diligence, clearances, prosecution and IP management.

After earning her undergraduate degree from UC Irvine, Ms. Edelson went on to Loyola Law School, where she served as Executive Editor and Chief Production Editor of the Entertainment Law Review. She also had the honor of serving as a judicial extern for the late Honorable Stephen M. Hillman of the United States District Court for the Central District of California.

Ms. Edelson believes in actively giving back to the legal community, and currently serves on the Board of Governors of the Southern California Chinese Lawyers Association.

 
 
 
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