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  Tuesday, October 2, 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.
CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
A defendant was in custody when a police officer demanded access to the defendants cell phone and told the defendant that he would not be allowed to leave until the contents of the phone were examined by the police because no reasonable person would have felt free to leave. Although the questioning of defendant while he was in custody violated Miranda, the defendant's inculpatory statements after receiving his Miranda warnings were admissible.

People v. Delgado - filed Oct. 1, 2018, Third District
Cite as 2018 S.O.S. 4869
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Environmental Law
Under Government Code Sec. 65301.5, a general plan amendment is reviewable under Code of Civil Procedure Sec. 1085 as a legislative act. If a city charter does not impose clear an explicit limitation regarding the size of the "geographic area" that may be the subject of an amendment, the courts cannot imply such limitation. A city charter's specification that only certain government agents can propose an amendment is not a limitation on whether a private party may request the government's consideration of a proposal.

Westsiders Opposed to Overdevelopment v. City of Los Angeles (Philena Properties) - filed Oct. 1, 2018, Second District, Div. Eight
Cite as 2018 S.O.S. 4876
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Environmental Law
The California Coastal Act provisions governing local coastal programs and the express limits imposed on California Coastal Commission's jurisdiction with regard to development under an LCP–have no application to a port district, or a port district's master plan. Nothing prevents Commission from delineating the statewide policies in its findings, explaining a master plan's deficiencies in detail, or suggesting what sorts of visitor facilities meet the act's goals.

San Diego Unified Port District v. California Coastal Commission (Sunroad Marina Partners) - filed Sept. 7, 2018, publication ordered Oct. 1, 2018, First District, Div. One
Cite as 2018 S.O.S. 4880
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Family Law
A parent's state and federal income tax refunds must be included in the calculation of the parent's annual net disposable income when all of the parent's income tax withholdings and estimated income tax payments have been deducted from his gross income. Voluntary contributions to a 401(k) plan generally are properly included in net disposable income for purposes of calculating child support. If a trial court excludes voluntary contributions to a 401(k) plan from the calculation of a parent's net disposable income, a rationale for deviating from the general rule should be set forth in the record. A judge must make explicit findings on the issues listed in Family Code Sec. 2030(a)(2) in determining whether a "disparity in access and ability to pay" exists.

In re Marriage of Morton - filed Sept. 26, 2018, publication ordered Oct. 1, 2018, Fifth District
Cite as 2018 S.O.S. 4892
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LACBA Counsel for Justice and the Domestic Violence Legal Services Project would like to thank the Fromholz Firm 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. To learn more or donate to DVP, CLICK HERE.

 




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

Sabrina Rivera Img  

Sabrina Rivera
Sabrina Rivera is a Staff Attorney at Western State College of Law’s Immigration Clinic where she supervises law students on pro bono cases and advocacy projects involving immigration and criminal issues. She directly represents clients in a range of matters, including deportation defense for detained immigrants, humanitarian visas for survivors of violence and trafficking, citizenship, and asylum. Ms. Rivera also supervises and mentors law students enrolled in the Immigration Clinic on community advocacy initiatives, including the monthly Legal Orientation Program at Musick Jail Facility in Irvine, which educates pro se detained immigrants about their rights and the immigration court process so they can make informed decisions about their legal cases. She also provides weekly pro bono consultations to detained immigrants at Theo Lacy Facility in Orange who are unable to afford private counsel and connect them to legal resources.

Since 2015, Ms. Rivera has served as adjunct faculty at Western State College of Law, where she has taught a lawyering skills course. She is a current board member of the Orange County Hispanic Bar Association. She is the former chair of the Orange County Bar Association’s Immigration Section and a Law Student Section liaison for the American Immigration Lawyers Association, Southern California Chapter. She is a graduate of Loyola Law School, Los Angeles, where she received the Dean’s Service Award and interned at Public Counsel’s Immigrants’ Rights Project. Ms. Rivera is a graduate of Cal State University, Dominguez Hills, where she graduated cum laude, and interned with U.S. Senator Barbara Boxer’s office.

 
 
 
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