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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.
U.S. SUPREME COURT
Bankruptcy Law
A court may hold a creditor in civil contempt for violating a discharge order if there is no fair ground of doubt as to whether the order barred the creditor's conduct.

Taggart v. Lorenzen - filed June 3, 2019
Cite as 2019 S.O.S. 18-489
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Criminal Law and Procedure
Pretrial detention later credited as time served for a new conviction is "imprison[ment] in connection with a conviction" and thus tolls the supervised-release term under 18 U.S.C. Sec. 3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.

Mont v. United States - filed June 3, 2019
Cite as 2019 S.O.S. 17-8995
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Employment Law
The charge-filing requirement in Title VII of the Civil Rights Act of 1964 is a non-jurisdictional claim-processing rule.

Fort Bend County v. Davis - filed June 3, 2019
Cite as 2019 S.O.S. 18-525
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Government Law
The government's change to the Medicare program that retroactively reduced payments to hospitals serving low-income patients, without having first providing public notice and a chance to comment, cannot stand.

Azar v. Allina Health Services - filed June 3, 2019
Cite as 2019 S.O.S. 17-1484
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NINTH U.S. CIRCUIT COURT OF APPEALS
Criminal Law and Procedure
The provisions of 18 U.S.C. Sec. 3196 do not amend or conflict with the extradition treaty between the United States and the Czech Republic. a defendant's Czech conviction for attempted extortion qualifies as an extraditable offense.

United States v. Knotek - filed June 3, 2019
Cite as 2019 S.O.S. 17-55572
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CALIFORNIA SUPREME COURT
Criminal Law and Procedure
A defendant who was convicted of felony grand theft and street terrorism was entitled to have his street terrorism conviction dismissed after his theft conviction was reduced to a misdemeanor under Proposition 47 since the re-sentencing eliminated the felonious conduct that was an essential element of the street terrorism offense.

People v. Valenzuela - filed June 3, 2019
Cite as 2019 S.O.S. 2587
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Criminal Law and Procedure
A sentenced prisoner whose conviction is final can seek the remedy of evidence preservation pursuant to Penal Code Sec. 1203.01. A court has inherent authority under Code of Civil Procedure Sec. 187 to authorize additional evidence preservation too.

In re Cook - filed June 3, 2019
Cite as 2019 S.O.S. 2596
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CALIFORNIA COURT OF APPEAL
Civil Procedure
The Uniform Voidable Transactions Act does not preclude a party from bringing a common law fraudulent transfer claim. Consequential and punitive damages are not barred by the Enforcement of Judgments Law.

Berger v. Varum - filed May 31, 2019, First District, Div. One
Cite as 2019 S.O.S. 2603
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Criminal Law and Procedure
A defendant with a burglary conviction under Penal Code Sec. 459 for using explosives to blow open an ATM machine is not eligible for re-sentencing as shoplifting.

People v. Osotonu - filed May 31, 2019, First District, Div. Four
Cite as 2019 S.O.S. 2608
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Criminal Law and Procedure
The mental health diversion law does not apply to juveniles in delinquency proceedings.

In re J.M. - filed May 31, 2019, First District, Div. Three
Cite as 2019 S.O.S. 2610
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Real Property
A judgment lien on real property is created by recording an abstract of a money judgment with the county recorder, and upon recording, the lien automatically attaches to all real property the judgment debtor owns within that county. A lien is not void if the abstract is recorded by a corporation while its corporate powers were suspended because a corporation can retroactively validate unauthorized actions taken during a suspension by correcting the condition causing the suspension and applying for a certificate of revivor. Recording the abstract of judgment is a procedural act that is retroactively validated once a suspended corporation's powers are reinstated.

Longview International v. Stirling (Catambay) - filed May 31, 2019, Sixth District
Cite as 2019 S.O.S. 2614
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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 LGBTQ Pride Month

“Laurence   Laurence Zakson
Laurence Zakson is an experienced labor, employee benefits and campaign finance attorney, having practiced in these areas exclusively since 1985. Mr. Zakson represents local unions in the entertainment, bakery, transportation and construction industries, public employee locals, union-affiliated political committees, as well as SEIU- and Teamsters-affiliated multi-employer employee benefit funds and local union-sponsored charities. In recent years, Mr. Zakson’s practice has expanded to include mediation of employment and ERISA disputes and he serves on the U.S. District Court for the Central District of California’s mediation panel. In addition to his years of service on the Labor and Employment Law Section’s Executive Committee, Mr. Zakson is active in LGBT rights efforts, including his service as Secretary of the Democratic National Committee’s LGBT Caucus.

Prior to joining Reich Adell & Cvitan, Mr. Zakson was a Senior Litigation Attorney with the National Labor Relations Board, Appellate and Supreme Court Branches. He was a judicial law clerk in the U.S. District Court for the Eastern District of Louisiana and for a U.S. Magistrate in the Northern District of California.

 
 
 
The full text of case rulings are in PDF files and require Adobe’s free Acrobat Reader to view. To download a copy go to: www.adobe.com//products/acrobat/readstep.html
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