eBriefs Header
  Wednesday, October 3, 2018  
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
The credit issued to members of a class action settlement for purchasing products from the defendants should have been treated as coupons under the Class Action Fairness Act. The trial court erred in incorporating the face value of such coupons into its percentage-of-recovery calculation and lodestar calculation of the attorney fee award.

In re EasySaver Rewards Litigation - filed Oct. 3, 2018
Cite as 2018 S.O.S. 16-56307
Full text click here
Criminal Law and Procedure
A district court violated Federal Rule of Criminal Procedure 32 by relying on a probation officer's confidential sentencing recommendation, which included factual information that had not been disclosed to the defendant and to which she had no opportunity to respond, before sentence was imposed. Even if the defendant is given an opportunity to appear and speak before the magistrate judge, the district court must provide the defendant an additional opportunity before the actual sentence is imposed.

United States v. Gray - filed Oct. 3, 2018
Cite as 2018 S.O.S. 18-30022
Full text click here
Civil Procedure
While the California Rules of Court do not dictate a presumptively reasonable percentage or mathematical method of determining the appropriate attorney fees under a contingency agreement, rule 7.955 requires that a court balance an attorney's interest in fair compensation with the protection of the interests of a minor client, and the court must give consideration to the terms of any representation agreement made between the attorney and the representative of the minor, and must evaluate the agreement based on the facts and circumstances existing at the time the agreement was made. A fee of 10% was unreasonably low where the attorneys had many years of experience in aviation accident cases, the risk of loss was substantial, and the attorneys obtained a very good recovery for its clients considering the circumstances of the case. Although a child's needs are a relevant and important factor in determining a reasonable attorney fee, this single factor cannot overwhelm all other considerations.

Schulz v. Jeppesen Sanderson, Inc. - filed Sept. 5, 2018, publication ordered Oct. 2, 2018, Second District, Div. One
Cite as 2018 S.O.S. 4903
Full text click here
Civil Procedure
For purposes of Code of Civil Procedure Sec. 998, a jury's award plus plaintiff's pre-offer costs and fees determine the value of plaintiff's judgment. the value of a Sec. 998 offer which is silent on costs necessarily includes the plaintiff's pre-offer costs and fees. A plaintiff was not entitled to a recovery under Sec. 998 where the pre-offer costs and fees combined with the jury award did not exceed the amount of the offer plus her pre-offer costs and fees.

Martinez v. Eatlite One, Inc. - filed Oct. 3, 2018, Fourth District, Div. Three
Cite as 2018 S.O.S. 4908
Full text click here
Criminal Law and Procedure
No warrant is required when an officer directs that a suspect's blood be drawn to measure blood alcohol content if the suspect freely and voluntarily chooses a blood test over a breath test.

People v. Gutierrez - filed Oct. 2, 2018, First District, Div. Four
Cite as 2018 S.O.S. 4910
Full text click here
Criminal Law and Procedure
A motion to dismiss a pending mentally disordered offender recommitment petition in light of the passage of Proposition 47 was rendered moot by the expiration of the petitioner's commitment.

People v. Pipkin - filed Oct. 2, 2018, First District, Div. Four
Cite as 2018 S.O.S. 4914
Full text click here
AHERN Insurance Brokerage, LACBA's preferred professional liability insurance broker since 2008, offers exceptional counsel regarding the Professional Liability insurance needs of your firm. As a full-service brokerage, AHERN offers a variety of comprehensive insurance products including a Workers' Compensation program with The Hartford (LACBA member discounts apply) and Employment Practices Liability insurance (wrongful termination, discrimination, and sexual harassment coverage) with specific law firm enhancements.

read more
LACBA members receive discounts on Metropolitan News Company publications and services. For more information, contact Vahn Babigian at (213) 346-0033 or go to http://www.metnews.com/info.html




LACBA Counsel for Justice and the Domestic Violence Legal Services Project would like to thank Reed Smith 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

Roy Jimenez Img  

Roy Jimenez
Roy Jimenez, the Managing Partner of Tredway, Lumsdaine & Doyle, LLP (“TLD”), has been practicing since 1997 and has been rated “A-V Preeminent” by his peers, the highest rating issued by Lexis Nexis|Martindale-Hubbell. He devotes his career and life to helping people in many facets. Professionally, Mr. Jimenez has extensive experience in resolving or litigating large, small and complex cases involving collections, breach of contract, unfair competition, misappropriation of trade secrets and other business torts. He is successful in economically and favorably resolving real estate disputes affecting title, transfer and use of real property as well as lending issues. Mr. Jimenez also consults and provides general counsel services to financial institutions, entertainment companies and national packaging and packaging related businesses. His clients consist of businesses in the following categories: financial institutions, manufacturing, distribution, packaging, retail, consumer services and real estate, including agents, buyers, sellers, lenders and escrow officers. Mr. Jimenez enjoys the competitive and fast-paced nature of civil litigation. He strives to reach successful results, in the most cost-efficient manner, for each client. Being at TLD for over 20 years, Mr. Jimenez has the tools to get these results for his clients.

In his personal time, he volunteers many hours assisting others through a variety of organizations. A native of Southern California, Mr. Jimenez is a member of the State Bar of California, Los Angeles County Bar Association, Mexican American Bar Association, LGBT Bar Association of Los Angeles, Long Beach Bar Association and the Multi-Million Dollar Advocates Forum. He has acted in leadership roles in these various organizations and others. Through these organizations he mentors students and encourages diversity in the legal profession. He is a member of the Diversity in the Profession Committee of LACBA and is on the Trial Practice Area Committee of the National Association of Minority and Woman Owned Law Firms. He is the President and founded the LGBTQ Attorneys & Allies Section of the Long Beach Bar Association and was the first Latino Co-President of the LGBT Bar Association of Los Angeles. Mr. Jimenez is most proud of his 20 years of service, being a member of the Kiwanis Club, whose mission is to improve the lives of children.

The full text of case rulings are in PDF files and require Adobe’s free Acrobat Reader to view. To download a copy go to: www.adobe.com//products/acrobat/readstep.html
Problems or comments?
Email us at ebriefs@lacba.org
© 2018 Los Angeles County Bar Association. The information contained in this document is intended solely for use by the person identified above. Any transmission to or copying for the benefit of another person is prohibited. Metropolitan News-Enterprise, SOS and MNC are registered trademarks of the Metropolitan News Company. Summaries are copyrighted by Metropolitan News Company © 2018, all rights reserved.