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  Thursday, June 6, 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.
Consumer Protection
A district court did not abuse its discretion in finding that common issues predominated in a putative class action by a group of car owners for alleged misrepresentations about their vehicles' fuel economy since the class members were exposed to uniform fuel-economy misrepresentations and suffered identical injuries within only a small range of damages. A class action will not be decertified for lack of analysis of choice-of-law issues beyond those raised by the objectors. A settlement notice need not provide an exact forecast of the award each class member would receive, let alone a detailed mathematical breakdown. It merely must give class members "enough information so that those with adverse viewpoints could investigate and come forward and be heard."

In re Hyundai and Kia Fuel Economy Litigation - filed June 6, 2019
Cite as 2019 S.O.S. 15-56014
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Criminal Law and Procedure
A firearm's antique status is still an affirmative defense in a criminal prosecution under 18 U.S.C. Sec. 922(g). A government agent's testimony that his interview with the defendant's landlord confirmed the agent's decision to arrest the defendant violated the Confrontation Clause, but that the error was harmless since the jury did not rely on the landlord's statement.

United States v. Benamor - filed June 6, 2019
Cite as 2019 S.O.S. 17-50308
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Employment Law
A contractor was not performing "roofing work" when it installed solar panels on a roof. Substantial evidence supports a finding that workers were subject to the danger of falling where they were performing work eight to nine feet from the unprotected edge of a roof.

Bergelectric Corporation v. Secretary of Labor - filed June 6, 2019
Cite as 2019 S.O.S. 17-72852
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Barbosa v. Barr - filed June 6, 2019
Cite as 2019 S.O.S. 15-72092
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Civil Procedure
Where the real parties in interest identified in a complaint allegedly had a direct interest in the proceedings, a reasonable attorney could have concluded that the real parties were "persons" against whom a claim was asserted for purposes of the anti-SLAPP law. A reasonable attorney could have concluded that a petition asserting claims against the real parties arose from protected conduct where a petition challenges a party's act of seeking permits from a government agency, not the decision of the agency itself.

Rudisill v. California Coastal Commission (Xingyun) - filed June 5, 2019, Second District, Div. Two
Cite as 2019 S.O.S. 2631
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Civil Procedure
The entry of summary judgment on a prior lawsuit for insufficient evidence does not, by itself, establish a probability of prevailing on the merits of a subsequent malicious prosecution claim. A malicious prosecution claim can proceed where the plaintiff can show the respondents lacked probable cause for at least some of the claims in the prior action.

Cuevas-Martinez v. Sun Salt Sand, Inc. - filed June 6, 2019, Fourth District, Div. Two
Cite as 2019 S.O.S. 2636
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Real Property
Lawful possession" for purposes of a trespass claim simply means actual, peaceful possession. A person with actual possession can sue for trespass even if he does not have any legal rights in the land. A party's failure to comply with the Uniform Transfers to Minors Act and maintain a property for the benefit of his daughter did not render his possession of the property unlawful for purposes of bringing a trespass claim.

Vaiseh v. Stapp - filed June 6, 2019, Fifth District
Cite as 2019 S.O.S. 2641
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A party is entitled upon request to correct, non-argumentative instructions on every theory of the case advanced by him which is supported by substantial evidence. A plaintiff was not entitled to issuance of CACI Nos. 400 and 401 where the only theory of negligence the plaintiff presented was that the defendant violated a duty of care as a supplier of a produce containing asbestos.

LAOSD Asbestos Cases - filed May 14, 2019, publication ordered June 5, 2019, Second District, Div. Four
Cite as 2019 S.O.S. 2644
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Workers' Compensation
The Workers' Compensation Appeals Board acted in excess of its jurisdiction in addressing an injured worker's need for a assessment for home housekeeping services in the absence of an agreement between the parties to bypass the statutory utilization review and independent medical review procedures for determining questions of medical necessity.

Allied Signal Aerospace v. Workers' Compensation Appeals Board - filed May 15, 2019, publication ordered June 5, 2019, Second District, Div. Two
Cite as 2019 S.O.S. 2649
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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

“Richard   Richard Wortman
Richard Wortman manages the Los Angeles office of Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP, one of the nation’s largest law firms devoted exclusively to international trade and customs matters. His practice focuses on import and export trade law, trade regulations and customs law, regulatory law and transportation law. Currently, Richard is counseling importers on how to manage during the current trade war with China. He has represented clients before US Customs and Border Protection on a variety of issues including the classification and valuation of imported merchandise, focused assessments and averting penalties. He also regularly appears before other government agencies with responsibilities over import and export transactions. Richard helps companies implement duty savings strategies and internal compliance programs. Richard has lectured extensively on issues pertaining to import and export law on behalf of various organizations. He has also taught import and export trade law to both industry and Customs brokerage associations. Richard is counsel to the Northern Border Customs Brokers Association and has had the privilege of Chairing LACBA’s Customs Section (now part of the International Law Section).

Beyond the practice of law, Richard has sat on the board of many organizations including the New Israel Fund, Temple Beth Am, Congregation Kol Ami as well as the Board of Overseers of Hebrew Union College-Jewish Institute of Religion in Los Angeles. Richard also sat on the board of the Jewish Community Center in New York City. Richard most recently was awarded the Shomer Tzedek – Guardian of Justice Award by Congregation Kol Ami in West Hollywood.

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