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  Friday, September 28, 2018  
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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
Intellectual Property
Erroneous instructions in copyright case, requiring reversal of judgment for the defendants, include a failure to instruct the jury that selection and arrangement of unprotectable musical elements are protectable. Scope of copyright protection for an unpublished work under the 1909 Act is defined by the deposit copy.

Skidmore v. Led Zeppelin - filed Sept. 28, 2018
Cite as 2018 S.O.S. 16-56057
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
First degree premeditated murder conviction must be vacated in case of man who handed a gun to the killer because it cannot be said that the conviction was not based on a "natural and probable consequences" theory disapproved by the California Supreme Court in 2014 as a basis for such a conviction.

In re Loza - filed Sept. 28, 2018, Fourth District, Div. Three
Cite as 2018 S.O.S. 4774
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Criminal Law and Procedure
Mental health diversion program applies retroactively to schizophrenic convicted before enactment of statute.

People v. Frahs - filed Sept. 28, 2018, Fourth District, Div. Three
Cite as 2018 S.O.S. 4778
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Employment Law
Civil penalties may be assessed for violation of specified overtime pay and minimum wage laws from a person other than the corporate employer that failed to pay the proper wages, where there is no allegation or contention that the alter ego doctrine applies or that there is any other basis on which to pierce the veil of the corporate employer.

Atempa v. Pedrazzani - filed Sept. 28, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 4783
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Employment Law
Trial court did not abuse its discretion in finding that the named plaintiff Payton was not an appropriate class representative based on his criminal record denying leave to substitute another representative in light of the age of the case and the futility of doing so.

Payton v. CSI Electrical Contractors - filed Sept. 28, 2018, Second District, Div. Two
Cite as 2018 S.O.S. 4792
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Environmental Law
A challenge to the county's approval of proposed changes to a project was barred by res judicata where the same allegations of non-compliance with the California Environmental Quality Act were raised by a different party in a prior lawsuit. The preparation of a water supply assessment is not required for a plan that is not subject to further CEQA review.

Inland Oversight Committee v. City of San Bernardino (First American Title Insurance Co.) - filed Sept. 14, 2018, publication ordered Sept. 27, 2018, Fourth District, Div. Two
Cite as 2018 S.O.S. 4799
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Torts
YMCA did not have duty to participant in a soccer game, staged by private group renting the field, to have staff member present with an automatic external defibrillator for use in the event a participant suffered cardiac arrest.

Jabo v. YMCA of San Diego County - filed Sept. 28, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 4804
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LACBA Celebrates 140 Years of Service to the Los Angeles Legal Community and Recognizes Past and Present Bar Leaders in Honor of Hispanic Heritage Month

Camilo Echavarria Img  

Camilo Echavarria
Camilo Echavarria is committed to ardently defending his clients, promoting diversity within his profession, and advancing his community. After graduating from NYU Law in 1997, Camilo worked as an Associate for Morrison & Foerster and Litigation Counsel for NBC Universal. He joined Davis Wright Tremaine (DWT) in 2006 and was elevated to Partner in 2010. Camilo defends employers in single and multi-plaintiff employment litigation and class action cases. His clients include a number of Fortune 500 companies who trust him to manage a high volume of employment matters, and he has been recognized as one of the “Most Influential Minority Attorneys in Los Angeles” by the Los Angeles Business Journal and as one of “California’s 75 Top Labor and Employment Lawyers” by the Daily Journal. A leader in both his profession and his community, Camilo is on the Board of Trustees for the Mexican American Bar Foundation (MABF), the Board of Directors for the California Minority Counsel Program (CMCP), previously served as a Regional President for the Hispanic National Bar Association (HNBA), and is on the Board of Directors for Latino Kids Health (LK Health), a nonprofit medical clinic in Los Angeles County serving Latinos and underserved communities. Within DWT, he is committed to the advancement of diverse attorneys, currently serving as the Chair of DWT’s Diverse Executive Council and previously serving as the Professional Development Partner for the Employment Services Group. Camilo regularly mentors 3-4 attorneys of color in the firm at any given time, helping to create a culture of inclusion in the firm at an individual level.

 
 
 
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