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  Friday, May 31, 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.
Constitutional Law
A plaintiff presented sufficient evidence to show his speech involved a matter of public concern where he was able to provide a general timeline, identify the roles of his interlocutors and describe his motivations for the discussions. The plaintiff's decision to speak privately rather than publicly is not determinative of whether his speech is protected. A reasonable official would know that a public employee's speech on a matter of public concern is protected if the speech is not made pursuant to his official job duties, even if the testimony itself addresses matters of employment.

Greisen v. Hanken - filed May 31, 2019
Cite as 2019 S.O.S. 17-35472
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Election Law
A state law requiring up to 1 percent of voters eligible to participate in Arizona's primary to sign a nominating petition for a Libertarian candidate to earn a place on the primary ballot imposed a minimal burden on the Libertarian Party's right to access the primary ballot and reasonably furthered Arizona's regulatory interest in preventing voter confusion, ballot overcrowding, and frivolous candidacies. The requirement also did not impermissibly infringe upon the party's right to free association or violate equal protection.

Arizona Libertarian Party v. Hobbs - filed May 31, 2019
Cite as 2019 S.O.S. 17-16491
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Criminal Law and Procedure
The plain language of Penal Code Sec. 1473.7(d) establishes that a moving party is entitled to a hearing. The hearing can be held without the moving party if counsel is present and the court finds good cause as to why the moving party cannot be present. If the moving party is indigent and cannot attend the hearing because he is in federal custody awaiting deportation, counsel should be appointed.

People v. Fryhaat - filed May 31, 2019, Fourth District, Div. Two
Cite as 2019 S.O.S. 2569
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Criminal Law and Procedure
Second degree murder liability is proportional to the culpability of an aider and abettor under the natural and probable consequences doctrine.

People v. Gentile - filed May 30, 2019, Fourth District, Div. Two
Cite as 2019 S.O.S. 2574
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Healthcare Law
Health and Safety Code Sec. 1799.110(c)'s expert qualification requirement applies only to testimony on the applicable standard of care.

Stokes v. Baker - filed May 30, 2019, Second District, Div. Three
Cite as 2019 S.O.S. 2579
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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

“Harumi   Harumi Hata
Harumi Hata is Counsel with Buchalter and a member of both the Corporate Group and Japan Practice Group. Ms. Hata has been practicing law for over 30 years representing clients throughout the U.S., Europe and Asia/Pacific Rim, including Japan. Her practice covers corporate, business and transactional matters, including mergers and acquisitions, most of which are cross-border and international in nature. She serves many of her clients as outside counsel as their in-house and general counsel, working closely with clients on day-to-day business affairs, operations and objectives and providing strategic advice. Over the years, Ms. Hata has represented regulated entities, including insurance and insurance holding companies, and Fortune Global 500 companies. In addition, Ms. Hata represents high net worth individuals and families with respect to the assets, including real estate assets, held in the U.S.

Ms. Hata was born in Kyoto, Japan, and grew up in Japan and the U.S. She is a native Japanese and English speaker. Ms. Hata represents clients utilizing her bilingual language skills.

Ms. Hata has served LACBA for many years. She previously served on LACBA’s Board of Trustees and currently serves on the Executive Committee of LACBA’s Business Law Section (a recent combination of the Business and Corporations Law Section and the Corporate Law Departments Section), having previously served as the Chair of LACBA’s Business and Corporations Law Section.

In addition, Ms. Hata previously served as the Chair of the International Law Section of The State Bar of California. She currently serves as the Vice President of the Japanese American Bar Association (JABA); a Council Leader with the U.S.-Japan Council; a member of the Board of Advisors of World Trade Center Los Angeles; and a member of the Board of Trustees of Ramona Convent Secondary School.

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