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  Wednesday, October 31, 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
Constitutional Law
A county child welfare agency violated a parent's 14th Amendment substantive due process rights by subjecting the parent's children to medical examinations without notifying the parent, and without obtaining either the parent's consent or judicial authorization, but in an emergency medical situation or when there is a reasonable concern that material physical evidence might dissipate, the county may proceed with medically necessary procedures without parental notice or consent. The agency also violated the children's Fourth Amendment rights by failing to obtain a warrant or to provide these constitutional safeguards before subjecting the children to invasive medical examinations.

Mann v. County of San Diego - filed Oct. 31, 2018
Cite as 2018 S.O.S. 16-56657
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Election Law
Arizona's election law prohibiting certain persons from collecting voters' early mail ballots is not preempted by federal laws regulating the U.S. Postal Service. The law also does not implicate the First Amendment rights of ballot collectors since the conduct of collecting ballots would not reasonably be understood by viewers as conveying any message. HB 2023 provides fair notice of prohibited conduct and because the scope of HB 2023 was clear, it poses no significant threat of arbitrary enforcement.

Knox v. Brnovich - filed Oct. 31, 2018
Cite as 2018 S.O.S. 18-16613
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Intellectual Property
A derivative sound recording distinctly identifiable solely by the changes in medium generally does not exhibit the minimum level of originality to be copyrightable. The creation of an authorized digital remastering of pre-1972 analog sound recordings that qualify as copyrightable derivative works does not bring the remastered sound recordings exclusively under the ambit of federal law.

ABS Entertainment, Inc. v. CBS Corporation - filed Oct. 31, 2018
Cite as 2018 S.O.S. 16-55917
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CALIFORNIA COURT OF APPEAL
Administrative Law
A contractor facing disciplinary action must exhaust its administrative remedies before seeking a judicial remedy. It cannot evade the exhaustion requirement by filing an action for declaratory judgment as to the interpretation of the statute it has been charged with violating, and injunctive relief.

Contractors' State License Board v. Superior Court (Black Diamond Electric) - filed Oct. 11, 2018, publication ordered Oct. 29, 2018, First District, Div. One
Cite as 2018 S.O.S. 5215
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Criminal Law and Procedure
Senate Bill No. 180 has retroactive application to judgments that were not final when it took effect, but an unappealed split sentence is final 60 days after it is imposed.

People v. Grzymski - filed Oct. 30, 2018, First District, Div. One
Cite as 2018 S.O.S. 5221
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Employment Law
A plaintiff bringing a wage and hour claim under the Private Attorneys General Act must state facts and theories supporting the alleged violations not implied by reference to the Labor Code and give the employer sufficient information to assess the seriousness of the alleged violations. However, a bare allegation of a violation of an employer's duty to maintain accurate and complete wage statements is itself sufficient. A plaintiff does not need to specify Labor Code Sec. 558 in her PAGA notice and can proceed with a claim for remedies under that section so long as she gave adequate notice of a violation for which Sec. 558 provides a remedy.

Brown v. Ralphs Grocery Company - filed Oct. 31, 2018, Second District, Div. Five
Cite as 2018 S.O.S. 5223
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LACBA Counsel for Justice and the Domestic Violence Legal Services Project would like to thank Julie Bonneville 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.

 
 
 
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