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  Wednesday, June 5, 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 held in civil contempt for violating a preliminary injunction cannot obtain immediate appellate review because no final judgment had been entered. Although a non-party could ordinarily take an immediate appeal from a civil contempt sanction, such an appeal is not available where there is a "substantial congruence" of interests between the non-party and a party. Such a congruence will generally exist when the liability of both a party to the action and the non-party arises from the same course of conduct, particularly if liability has been imposed on them jointly and severally.

National Abortion Federation v. Center for Medical Progress - filed June 5, 2019
Cite as 2019 S.O.S. 17-16622
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Civil Procedure
A class must be decertified when the class representatives are found to lack standing as to their individual claims. By failing to challenge the district court's standing determination, a plaintiff waives its right to challenge that determination.

NEI Contracting & Engineering v. Hanson Aggregates Pacific SW - filed June 5, 2019
Cite as 2019 S.O.S. 16-56498
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Criminal Law and Procedure
Police officers lacked reasonable suspicion that criminal activity was afoot before stopping and frisking a defendant where the police did not receive a reliable tip, there was no reasonable inference of criminal behavior, no police initiative to investigate a particular crime in an identified high crime area, and the defendant took flight without any previous attempt by the officers to speak with him.

United States v. Brown - filed June 5, 2019
Cite as 2019 S.O.S. 17-30191
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
Even before People v. Duenas recognized that due process requires consideration of a defendant's ability to pay a fine before a fine can be imposed, a defendant had every incentive to object to imposition of a maximum restitution fine based on inability to pay. A defendant's failure to assert his statutory right to request that the court consider his ability to pay in setting the restitution fine forfeited the issue.

People v. Gutierrez - filed June 4, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 2616
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Insurance Law
A policy exclusion in an additional insured endorsement for damage to "property in the care, custody or control of the additional insured" requires exclusive or complete control.

McMillin Homes Construction v. National Fire & Marine Insurance Company - filed June 5, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 2622
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Modification
Mercury Insurance Company v. Lara - filed June 4, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 2629
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Modification
People v. Warner - filed June 4, 2019, Third District
Cite as 2019 S.O.S. 2630
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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

“Vincent   Vincent M. Imhoff
Vincent M. Imhoff, founder and managing director of nationwide criminal defense firm Imhoff & Associates PC, is admitted to practice law in Illinois, Pennsylvania and California. He earned his Bachelor degree in Political Science from Lewis University and his Juris Doctor degree from Kent College of Law in 1989. From 1990 to 1997, he served as Cook County (Chicago) Public Defender, late in 1997 entering private practice as a solo practicing criminal defense attorney. From 2000 through 2002, Vince Imhoff also served as assistant coach for the trial team at Loyola University of Chicago School of Law.

In 2003, Vince founded Imhoff & Associates, PC and began growing the firm which soon attracted the interest of Johnny Cochran, nationally recognized civil rights crusader and famous attorney for the O.J. Simpson trial defense team. Imhoff subsequently joined the Cochran law firm as Managing Director of the Criminal Defense section in 2005. After Mr. Cochran passed away, Vince Imhoff left the firm to reestablish Imhoff & Associates, PC.

Imhoff & Associates, PC represents clients in criminal defense cases in 49 states through a network of more than 650 attorneys. The firm is founded in the belief that there is no typical offense because there is no typical offender. All people are different, and the particulars of the offenses they are accused of differ widely. The accused need legal representation that can get them the best possible outcome and a lawyer that fully understands what the accused and their families are going through.

Vince Imhoff is a crusader for reform of the criminal justice system to reduce recidivism and prevent young non-violent offenders from becoming lifelong criminals due to the stigma our society places on arrests and convictions.

 
 
 
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