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  Friday, October 12, 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 Food, Drug, and Cosmetic Act preempts a state-law misbranding claim against the manufacturer of a nutritional supplement premised on the supplement's use of nitrogen-spiking agents to inflate the measurement of protein for the nutrition panel since any declarations of protein content anywhere on a product label could not be false or misleading if the listed amount of protein reflected measurements made in accordance with federal regulations concerning the federally mandated nutrition panel. The FDCA and its implementing regulations concern only the calculation and disclosure of protein amounts. The FDCA does not preempt a state-law misbranding claim based on a nutritional supplements allegedly misleading claim that its protein came entirely from two specifically named sources.

Durnford v. Musclepharm Corporation - filed Oct. 12, 2018
Cite as 2018 S.O.S. 16-15374
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Criminal Law and Procedure
Where a jury was instructed with permissive inferences it could draw from a defendant's blood alcohol level, and jury was separately instructed on the elements of murder and instructed that to return a murder verdict it had to find malice as defined, there is no reasonable likelihood that the jury would have employed the inference instructions to supplant the malice instructions for purposes of murder liability. The presence of conflicting evidence on the predicate question of whether there is sufficient evidence to trigger the inference instructions does not preclude giving the instructions.

People v. Yushchuk - filed Oct. 12, 2018, Third District
Cite as 2018 S.O.S. 4971
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Criminal Law and Procedure
Evidence Code Sec. 1109 allows a jury to consider a defendant's prior acts of domestic violence when the victim of the domestic violence was present when the defendant committed crimes against a different victim; the evidence of the defendant's prior acts tended to prove a common plan or scheme of threatening victims to prevent them from contacting the police.

People v. Megown - filed Sept. 24, 2018, publication ordered Oct. 12, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 4975
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Family Law
While it is preferable that a trial court make a specific finding on the record regarding Welfare and Institutions Code Sec. 366.24(c)(7), a child's parents did not have their due process rights violated where the record reflects that the parents had an opportunity to present information regarding tribal customary adoption and the children's best interests prior to the tribe's preparation of the tribal customary adoption order.

In re A.S. - filed Oct. 3, 2018, publication ordered Oct. 12, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 4980
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Family Law
Under the Uniform Child Custody Jurisdiction and Enforcement Act, a child's home state has exclusive jurisdiction of a custody matter, but if a court within the state finds the state is an inconvenient forum, another state thereby gains exclusive jurisdiction. UCCJEA inconvenient forum principles apply in California regardless of whether the other state has adopted the UCCJEA.

R.B. v. D.R. - filed Oct. 11, 2018, Fourth District, Div. Two
Cite as 2018 S.O.S. 4989
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LACBA Counsel for Justice and the Domestic Violence Legal Services Project would like to thank Skadden 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


Arturo Martinez
Arturo Martinez has a lengthy and distinguished history of service to his city and his community at large. Throughout his legal career, he has devoted his life and career to giving back through public service by working for state, county and city governments, seeking justice, prosecuting violators of the law and protecting the interests of those whose community he represents.

Mr. Martinez is a native of Los Angeles, born to Cuban immigrant parents. He is a graduate of Loyola High School, with an undergraduate degree from UCLA, a Juris Doctor from Pepperdine University School of Law and is admitted to practice law in California and before the United State District Court, Central District. Mr. Martinez is a Senior Assistant City Attorney for the Los Angeles City Attorney’s Office and currently serves as the Deputy Chief of the Safe Neighborhoods and Gang Division.

In 1998, Mr. Martinez joined the City Attorney’s Office Criminal Branch as a trial deputy in the Central Trials Operations. From 2002 to 2008, he served as the first Neighborhood Prosecutor for Rampart Division. In 2007 he was also assigned to the Anti-Gang Section where he handled a variety of gang, gun and graffiti cases. In 2012, he was promoted to Assistant Supervisor of the Anti-Gang Section, eventually becoming the Supervisor in 2014. During his tenure in the Anti-Gang Section, Mr. Martinez co-developed the Gang Injunction Removal Petition Program and the Gang Alternative Sentencing Program. In 2018, he became the Deputy Chief of the Safe Neighborhoods and Gang Division. The Safe Neighborhoods and Gang Division is comprised by the Citywide Nuisance Abatement Program, Neighborhood Prosecutor Program, Gang and Gun Prosecution Section, Gun Violence Prevention Program, Anti-Sex and Labor Trafficking Section, Anti-Counterfeit Enforcement Program, and Marijuana Enforcement Unit. Prior to joining the Los Angeles City Attorney’s Office, Mr. Martinez served as a Deputy Attorney General for the California Department of Justice and also worked in the Children Services Division of the County Counsel’s Office handling child abuse and neglect cases.

Mr. Martinez is a dedicated volunteer and board member of several local community and non-profit organizations. Among his many involvements, he currently serves as president of the Loyola High School Alumni Association, a member of the Loyola High School Board of Directors, and a member of the Latino Alumni Society of Loyola High School. He is also a member and past president of the Latino City Attorneys Association and a past president of the Latin American Law Students Association at Pepperdine University School of Law.

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