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  Thursday, May 30, 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
Civil Procedure
A party preserves a challenge to removal by timely moving to remand. When a plaintiff voluntarily asserts a federal claim after removal, doing so establishes federal subject-matter jurisdiction and cures any jurisdictional defect that may exist in the case. A court analyzing whether a defendant is a "primary defendant" for purposes of the Class Action Fairness Act's home state exception should first assume that all defendants will be found liable. The court should then consider whether the defendant is sued directly or alleged to be directly responsible for the harm to the proposed class or classes, as opposed to being vicariously or secondarily liable. The court should also consider the defendant's potential exposure to the class relative to the exposure of other defendants. The CAFA requires remand under the home state exception only if all primary defendants are citizens of the alleged home state.

Singh v. American Honda Finance Corporation - filed May 30, 2019
Cite as 2019 S.O.S. 17-35964
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Contract Law
The rules of consumer online agreements and consumer paper agreements are the same. There is no rule that an offeror of an adhesive consumer contract specifically highlight or otherwise bring an arbitration clause to the attention of the consumer to render the clause enforceable. Where it is clear that a party is assenting to a contract that incorporates other documents by reference, the incorporation is valid–and the terms of the incorporated document are binding–so long as the incorporation is clear and unequivocal, the reference is called to the attention of the other party and he consents thereto, and the terms of the incorporated document are known or easily available to the contracting parties.

In re Holl - filed May 30, 2019
Cite as 2019 S.O.S. 18-70568
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Criminal Law and Procedure
A conviction for violation of California Penal Code Sec. 4573.6 cannot be a categorical "felony drug offense" triggering a mandatory life term under 21 U.S.C. Sec. 841(b)(1)(A).

United States v. Graves - filed May 30, 2019
Cite as 2019 S.O.S. 16-50276
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Environmental Law
A citizen suit brought under the Resource Conservation and Recovery Act to compel the U.S. Forest Service to address the use of lead ammunition by hunters in Arizona's Kaibab National Forest presented a justiciable controversy since there was a genuine adversary issue between the parties and a ruling in the plaintiff's favor would require the service to mitigate the harm caused by spent lead ammunition, thereby leading to a change in the service's operation of the Kaibab. Nothing in the act's private civil action provision confers judicial discretion to decline to entertain such a suit.

Center for Biological Diversity v. U.S. forest Service (National Rifle Association of America) - filed May 30, 2019
Cite as 2019 S.O.S. 17-15790
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immigration Law
An asylum seeker was statutorily ineligible for asylum and withholding of removal where there were serious reasons to believe he committed a serious nonpolitical crime since he was involved in a financial scheme embezzling public funds and he admitted that his involvement in the scheme stemmed from purely economic reasons. Torture does not include pain or suffering arising only from, inherent in, or incidental to lawful sanctions, including the death penalty.

Guan v. Barr - filed May 30, 2019
Cite as 2019 S.O.S. 17-71966
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Order
Sierra Club, Inc. v. U.S. Fish and Wildlife Services - filed May 30, 2019
Cite as 2019 S.O.S. 17-16560
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CALIFORNIA SUPREME COURT
Civil Procedure
A request for costs under Code of Civil Procedure Sec. 998 is timely if filed with the arbitrator within 15 days of a final award. In response to such a request, an arbitrator has authority to award costs to the offering party. If an arbitrator refuses to award costs, judicial review is limited.

Heimlich v. Shivji - filed May 30, 2019
Cite as 2019 S.O.S. 2531
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Real Property
When a government agency considers increasing a property-related fee, a fee payor can challenge the method of fee allocation without first participating in a Proposition 218 hearing that addresses only a proposed rate increase.

Plantier v. Ramona Municipal Water District - filed May 30, 2019
Cite as 2019 S.O.S. 2537
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Torts
A utility company has no duty to guard against pecuniary or commercial loss that does not arise from actionable physical, emotional or reputational injury to persons or physical injury to property.

Southern California Gas Leak Cases - filed May 30, 2019
Cite as 2019 S.O.S. 2543
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CALIFORNIA COURT OF APPEAL
Civil Procedure
A party is not collaterally estopped from litigating an issue when, in a prior proceeding, a dispositive finding had been made, but only by imposing a lesser burden of proof on the party invoking collateral estoppel than that which would have been applied in the subsequent proceeding.

Bennett v. Rancho California Water District - filed May 29, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 2551
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Criminal Law and Procedure
The Sixth Amendment is violated if a defendant makes his intention to maintain innocence clear to his counsel, and counsel overrides that objective by conceding guilt, but counsel is not required to intuit a client's objective at trial based upon statements made to the police, a competency evaluator, and a probation officer.

People v. Franks - filed May 29, 2019, Third District
Cite as 2019 S.O.S. 2559
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Professional Responsibility
A denial of a petition to compel a Mandatory Fee Arbitration Act arbitration is not an appealable order.

Levinson Arshonsky & Kurtz LLP v. Kim - filed May 29, 2019, Second District, Div. One
Cite as 2019 S.O.S. 2564
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Modification
People v. Franks - filed May 30, 2019, Third District
Cite as 2019 S.O.S. 2568
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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

“Eduardo   Eduardo Angeles
Eduardo (“Eddie”) Angeles currently serves as a Senior Assistant City Attorney for the Los Angeles City Attorney’s Office, assigned to the Los Angeles World Airports (“LAWA”) Legal Division providing in-house legal services to LAWA which is responsible for the oversight and governance of LAX and Van Nuys Airports in Los Angeles County. He serves as an executive member of legal team responsible for one of the largest public private partnership (“P3”) infrastructural projects in the United States which is a design-build-finance-operate-maintain (“DBFOM”) for the Automated People Mover (“APM”) and Consolidated Rent-A-Car Facility projects under the Landside Modernization Access Program (“LAMP”) at LAX. He is also primary counsel for the other high profile LAX developments such as the Century Cargo Complex, Northside Development Campus District, and the Facilities Maintenance Utilities Group campus (FMUG).

Prior to his current position, Mr. Angeles served as a Presidential Appointee as the Federal Aviation Administration’s Associate Administrator for Airports. He oversaw a $3.5 billion annual Federal airport grants program and passenger facility charge collections totaling $2 billion. He also managed programs for national airport planning and development, including safety standards, design and engineering, certification, environmental processing and financing.

Mr. Angeles earned his undergraduate degree from University of California at Santa Barbara and his law degree from the University of California, Hastings College of the Law. He has served as an Adjunct Faculty Member at Loyola Law School and California State University of Los Angeles, and served on the State Bar of California’s Committee of Bar Examiners. Mr. Angeles was also an elected school board member on the Jefferson Union High School, Governing Board of Trustees and previously a Governor Brown appointee to the California Board of Vocational Nursing and Psychiatric Technicians.

He is married to Evelyne and they have two adult sons: Dannie, who is a resident emergency physician in New York, and Andrew, who is also a graduate of U.C. Hastings College of the Law and will start his legal practice after the bar exam at Hinshaw & Culbertson, LLP in the Fall of 2019.

 
 
 
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