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  Monday, October 1, 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
Immigration Law
A district court did not abuse its discretion in granting a preliminary injunction requiring the government to provide a prompt hearing before a neutral decisionmaker at which noncitizen minors could challenge the allegations of gang membership being advanced against them since the existing Office of Refugee Resettlement procedures appeared inadequate to protect against the risk of minors being erroneously taken away from their sponsors and Flores hearings were not sufficient to protect the Trafficking Victims Protection Reauthorization Act's rights of the minors. The injunction is consistent with the TVPRA's mandate that the ORR place unaccompanied children in the least restrictive setting that is in the best interest of the child since the preliminary injunction calls for minors to be released back to their previous sponsors, whom the government has already determined to be suitable, and nothing in the order prohibits the government from transferring minors to ORR custody within 72 hours, as required by the TVPRA.

Saravia v. Sessions - filed Oct. 1, 2018
Cite as 2018 S.O.S. 18-15114
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CALIFORNIA COURT OF APPEAL
Civil Procedure
A party to an arbitration has a right to appeal an adverse superior court order vacating an arbitrator's discovery order if the discovery order was the final resolution of the special proceeding initiated for the sole purpose of vacating the arbitration panel's order compelling discovery. The attorney-client privilege does not attach to communications between a corporation's employees and the attorney for the corporation when neither of them had any attorney-client relationship with the attorney. Materials that reflect the result of a factual investigation into possible past misconduct committed by two employees do not constitute work product if the materials do not contain the attorney's impressions, conclusions, opinions or legal theories.

Uber Technologies v. Google - filed Sept. 28, 2018, First District, Div. Three
Cite as 2018 S.O.S. 4818
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Civil Procedure
A fee allocation in a common fund setting is not just a matter of private agreement between lawyers and their clients. Such an allocation is done through the equitable power of the court to prevent unjust enrichment. A firm was not entitled to a fee for its work in a class action where it concealed its purported fee agreement from the court and then tried to appropriate those funds for itself without court approval.

Lofton v. Wells Fargo Home Mortgage - filed Sept. 28, 2018, First District, Div. Three
Cite as 2018 S.O.S. 4824
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Criminal Law and Procedure
Penal Code Sec. 1170.1 (f), does not limit the number of enhancements that may be imposed on a defendant sentenced to an indeterminate term. A defendant can be subject to conduct enhancements that seek to punish different aspects of the crime, but multiple deadly weapon enhancements cannot be imposed when they all apply to the same criminal act.

People v. Wong - filed Sept. 28, 2018, Second District, Div. Eight
Cite as 2018 S.O.S. 4832
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Criminal Law and Procedure
A defendant's Penal Code Sec. 1473.7 motion to vacate his conviction should have been granted when he established that his trial attorney had misadvised him about the immigration consequences of his guilty plea and that counsel's incorrect advice prejudiced defendant in that there is a reasonable probability that defendant would not have pled guilty if properly advised.

People v. Espinoza - filed Sept. 28, 2018, Fourth District, Div. Two
Cite as 2018 S.O.S. 4837
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Criminal Law and Procedure
Penal Code Sec. 654's ban on multiple prosecutions did not bar a defendant from being prosecuted for murder when she had already been convicted of being an accessory after the fact to the killings. While the accessory charge and the homicide charges involved the same killings, the same course of conduct did not play a significant part in both prosecutions, so Sec. 654 was inapplicable.

People v. Linville - filed Sept. 28, 2018, First District, Div. Two
Cite as 2018 S.O.S. 4841
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Environmental Law
An active dispute about the county's compliance with an earlier writ, as well as whether its actions comply with the California Environmental Quality Act, is ripe for adjudication.

Golden Door Properties v. County of San Diego - filed Sept. 28, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 4847
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Government Law
A public agency can seek reimbursement from a Public Records Act requestor for the actual costs involved in producing it incurred to edit and redact exempt material on otherwise disclosable police department body camera videos prior to producing the material.

National Lawyers Guild v. City of Hayward - filed Sept. 28, 2018, First District, Div. Three
Cite as 2018 S.O.S. 4853
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Government Law
The passage of Proposition 218 was intended to address only the imposition of taxes, it did not alter the authority of water districts to levy fees. Water districts continue to have legal authority to levy fees even if that authority is subject to majority protest of water district customers.

Paradise Irrigation District v. Commission on State Mandates (Department of Water Resources) - filed Oct. 1, 2018, Third District
Cite as 2018 S.O.S. 4858
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Tax Law
Pursuant to the plain language of Revenue and Taxation Code Sec. 18633.5 was not intended to reduce the tax liability of disregarded single member LLC's that are part of a unitary business and it does not replace the well-established apportionment principles set forth in the Uniform Division of Income for Tax Purposes Act.

Bunzi Distribution v. Franchise Tax Board - filed Sept. 28, 2018, First District, Div. Three
Cite as 2018 S.O.S. 4865
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Camilo Echavarria Img  

LACBA Counsel for Justice and the Domestic Violence Legal Services Project would like to thank the Los Angeles Dodgers for supporting #LACBA_DVP #31DaysofAwareness campaign to raise funds to support the DVP’s ongoing efforts to help #domesticviolence victims obtain Temporary Restraining Orders and other legal remedies to protect them from their abusers.

 



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

Diane Reyes Img  

Diane Reyes
When Ms. Reyes decided to practice law, she focused on the areas of the law where she felt she could help people the most. Her current practice at the Law Offices of Diane Reyes is located in Burbank, California and has been open since 2004. In her solo practice she focuses on juvenile dependency, adoptions, along with probate legal guardianships.

Diane Reyes has been a practicing attorney since 1996. She graduated from Pitzer College in Claremont, California with a Bachelor of Arts in History and Psychology. Then she went on to Loyola Law School of Los Angeles to earn her Juris Doctorate.

Ms. Reyes began her legal career as a sole practitioner doing probate law. In 1996 she joined what is now Children's Law Center of Los Angeles, which represents the majority of abused and neglected children in Los Angeles County Dependency System. In 2004, she left CLCLA to form her own practice. In 2007 she was appointed as a Juvenile Court Referee by the Presiding Judge of Juvenile Court. She has presided over both juvenile delinquency and dependency cases, both of which center around at-risk youth. She has sat in every delinquency and dependency court in Los Angeles County.

A native of Southern California, she has been married for over 25 years and has two lovely daughters, both of which are in college studying for their bachelor of science degrees. She has volunteered as scorer/judge for Constitutional Rights Foundation Mock Trial Program for the past 11 years and was a Girl Scout Leader and volunteer for 12 years. She is a current member of the Los Angeles County Bar Association Diversity in the Profession Committee, Latina Lawyers Bar Association, Loyola Law School Latino Alumni Association, Los Angeles County Bar Association and Burbank Business and Professional Women Club. She enjoys speaking to teenagers and encouraging them to reach for their educational goals. Furthermore she hopes to see more representation of women and minorities in professional fields.


 
 
 
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