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  Wednesday, May 22, 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
Immigration Law
A Notice to Appear that is defective under Pereira v. Sessions cannot be cured by a subsequent Notice of Hearing and therefore does not terminate the residence period required for cancellation of removal.

Lopez v. Barr - filed May 22, 2019
Cite as 2019 S.O.S. 15-72406
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Order
Board of Trustees Glazing Health v. Chambers - filed May 22, 2019
Cite as 2019 S.O.S. 15-72406
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CALIFORNIA COURT OF APPEAL
Constitutional Law
If a minor has a 42 U.S.C. Sec. 1983 cause of action, the statute of limitations begins running on the minor's 18th birthday. The minor's birthday is excluded when calculating time and the minor has two calendar years from his birthday to file suit.

Shalabi v. City of Fontana - filed May 21, 2019, Fourth District, Div. Two
Cite as 2019 S.O.S. 2417
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Criminal Law and Procedure
A party was not denied due process even though the People did not serve him with a copy of the written motion and a notice of hearing by certified mail as required under Penal Code Sec. 115(f)(7) where the party was not unaware of the motion to void the deed he held, and he extensively litigated the issue. A document was a forgery where the victims signed it while believing the document was something different. A trial court has discretion to proceed under Sec. 115 without waiting for a civil suit to be resolved.

People v. Astorga-Lider - filed May 2, 2019, publication ordered May 22, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 2419
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Trusts
While a trust cannot act in its own name and must always act through its trustee, a trust is a "person" that may associate in a partnership under the Uniform Partnership Act of 1994.

Han v. Hallberg - filed May 21, 2019, Second District, Div. Eight
Cite as 2019 S.O.S. 2424
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MEMBER BENEFIT SPOTLIGHT
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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

“Kenneth   Kenneth T. Fong
Kenneth T. Fong has been a Deputy City Attorney in the Land Use Division of the Los Angeles City Attorney’s Office for eighteen years. Prior to joining the office, he was in private practice for twelve years where he specialized in land use and real estate law. He handles land use litigation at the trial and appellate levels in both state and federal courts. In particular, he has become well known as an authority on First Amendment sign law. His most memorable case in that regard, Metro Lights, LLC v. City of Los Angeles, was before the Ninth Circuit Court of Appeals, where he prevailed over opposing counsel Professor Laurence Tribe of Harvard Law School.

Mr. Fong also advises the Planning Department and the Building and Safety Department on a variety of legal issues, including First Amendment law and telecommunications law. He previously served as Vice-Chair of the Real Property Section of the State Bar of California, as a Trustee for the Los Angeles County Bar Association and as President of the Southern California Chinese Lawyers Association. He is a current member of the Board of Trustees for Westridge School for Girls. He earned his J.D. from Loyola Law School where he was an Editor of The Law Review.

 
 
 
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