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  Tuesday, May 21, 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
Order
Perez v. City of Roseville - filed May 21, 2019
Cite as 2019 S.O.S. 15-16430
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
CALCRIM No. 361 can be issued when a testifying defendant has failed to explain or deny matters within the scope of relevant cross-examination, not simply those matters that were asked of the defendant on cross-examination. The instruction does not violate a defendant's due process right to a fair trial.

People v. Grandberry - filed April 21, 2019, publication ordered May 21, 2019, First District, Div. One
Cite as 2019 S.O.S. 2405
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Election Law
The Legislature has exempted ballots from disclosure under the California Public Records Act by specific, clear language in Elections Code Sec. 15370 and Sec. 17301.

Citizens Oversight, Inc. v. Vu - filed May 21, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 2410
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Torts
A trial court properly declined to instruct a jury that a defendant's act of parking his vehicle into the gore point of a freeway constituted negligence per se since that act did not proximately cause the collision between the plaintiff's vehicle and the defendant's vehicle when the plaintiff later drove into the same gore point. Even if the court erred in refusing to issue the negligence per se instruction, the error was harmless since the jury found the defendant was not negligent for parking his vehicle in the gore point.

Taulbee v. EJ Distribution Corporation - filed April 23, 2019, publication ordered May 20, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 2413
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MEMBER BENEFIT SPOTLIGHT
ABOGADO.COM LAWYER DIRECTORY – by Thomson Reuters
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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

“Harsh   Harsh P. Parikh
Harsh is a Senior Health Care Associate at Arent Fox where he counsels clients in the health care industry in a wide range of regulatory and transactional matters. Mr. Parikh specializes in fraud and abuse compliance, licenses and permits, as well as False Claims Act internal and government investigations. His regulatory practice includes: corporate practice of medicine, medical staff law, scope of practice, reimbursement, coding and billing, health reform, privacy (HIPAA and similar state laws), managed care, Medicare and Medi-Cal. Mr. Parikh is a trusted advisor on complex business arrangements involving physicians, hospitals, mental health providers, drug and device manufactures and health plans.

Earlier this year, the American Bar Association recognized him with its 2019 Emerging Lawyers in Healthcare Award.

Mr. Parikh is an active member of the bar and the community. He is an Executive Committee Member of LACBA’s Healthcare Law Section, and was also appointed to the joint LACBA-LACMA Committee on Biomedical Ethics.

He is Past President of the South Asian Bar Association of Southern California (SABA) and serves as a member of SABA’s Steering Committee. Mr. Parikh is also involved with the Inner City Law Center (ICLC)’s Pro Bono Council and works to expand ICLC’s pro bono program and advocate for low-income clients lacking safe and affordable housing.

 
 
 
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