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  Thursday, October 4, 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
Consumer Protection
Food and Drug Administration regulations governing the information reported within a food product's Nutrition Facts Panel do not preempt California's unfair competition laws proscribing false or misleading advertising elsewhere on a food product's label.

Hawkins v. The Kroger Company - filed Oct. 4, 2018
Cite as 2018 S.O.S. 16-55532
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CALIFORNIA COURT OF APPEAL
Civil Procedure
An agreement that led to the settlement of a creditor's claim constituted a written statement made in connection with an issue under consideration or review by a judicial body for purposes of the anti-SLAPP law, but a challenge to a homeowner's association's act of entering into the agreement had at least "minimal merit," which made it improper to dismiss the complaint.

Cheveldave v. Tri Palms Unified Owners Association - filed Oct. 3, 2018, Fourth District, Div. Two
Cite as 2018 S.O.S. 4917
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Employment Law
An employer did not violate state minimum wage and rest period requirements by implementing a compensation program, which guaranteed its employees a specific hourly wage above the minimum wage for all hours worked during each pay period but also gave them the possibility of earning a higher hourly wage for all hours worked during each pay period based on certain productivity measures. This compensation program is not an "activity-based compensation system," but an hourly-rate system, and while the hourly rate differs from pay period to pay period because the workers have the opportunity to increase their guaranteed minimum hourly rate based on the generation of production dollars, they are always paid on an hourly basis for all hours worked at a rate above minimum wage regardless of their productivity, and the worker also receives paid rest breaks at above minimum wage for all the time on the clock, even if no production dollars are being generated during the rest period.

Certified Tire and Service Centers Wage and Hour Cases - filed Sept. 18, 2018, publication ordered Oct. 4, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 4924
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Probate Law
An individual's conviction under Penal Code Sec. 368(d) established her civil liability for elder financial abuse under Welfare and Institutions Code Sec. 15610.30. The doctrine of judicial estoppel barred the individual from challenging the amount she stole from the elder when she had stipulated to the amount of the restitution award in the criminal proceedings. Probate Code Sec. 859 does not permit a wrongdoer to avoid the statutory penalty of double damages by beginning to make restitution after a criminal conviction, but the restitution payments made before the restitution award was reduced to a judgment should have been credited to the principal amount of the restitution amount rather than to accumulated prejudgment interest.

Kerley v. Weber - filed Oct. 3, 2018, Second District, Div. Two
Cite as 2018 S.O.S. 4930
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LACBA Counsel for Justice and the Domestic Violence Legal Services Project would like to thank Cast & Crew 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

Karla R. Bustamante Img  

Karla R. Bustamante
Karla R. Bustamante was raised in a loving family where her parents instilled the values of hard work, loyalty, dedication and perseverance. She is the first in her family to pursue higher education by graduating high school, college and law school. Growing up she always knew she wanted to be an attorney and her parents infused the discipline required to go from being an ESL (English as a Second Language) student to an honor roll and AP student.

After high school graduation Ms. Bustamante attended the University of California at Riverside where she earned a double Bachelors of Arts in Political Science and Spanish Linguistics/Literature.  While completing her undergraduate studies Ms. Bustamante was involved with campus activities, working and volunteering at the Cesar Chavez Student Center, Families First Project, International Student Services and the ALS Association; she also worked as an intern for the Riverside District Attorney's Office Victim/Witness Unit and studied abroad in Spain. She attended Whittier College, School of Law where she earned her JD while working full time. 

As an immigrant herself, Ms. Bustamante has a deep rooted passion for helping the immigrant community. She is an associate at Valencia & Associates, APC  in Santa Ana, California practicing immigration law exclusively. Her focus is on deportation defense and family-based immigration ranging from, parole in place for military families, adjustments of status to consular process and VAWA (violence Against Women Act), U visas for victims of crime and naturalization. Her pro bono work includes naturalization fairs, DACA workshops, immigration information workshops, mentoring law students and know your rights clinics.

Ms. Bustamante is a member of the Los Angeles Bar Association, specifically immigration section where she proudly works alongside fellow immigration attorneys who zealously represent the immigrant community. Ms. Bustamante serves on the Board of Directors of the Hispanic Bar Association of Orange County which focuses on scholarship fundraising to support future generations of Latino lawyers. She is also a member of the Orange County Bar Association, Orange County Bar Association Young Lawyers Division, and Orange County Hispanic Bar Association. She is licensed to practice before all courts in the State of California as well as the United States District Court for the Central District of California.

 
 
 
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