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  Monday, November 5, 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
Criminal Law and Procedure
A state trial court’s admission of opinion testimony from a law enforcement expert on street gangs, who described the potential benefits that a street gang might receive when a member commits a robbery by himself, did not deny the defendant a fundamentally fair trial and due process, and it was not contrary to, or an unreasonable application of, U.S. Supreme Court precedent. However, testimony of this kind from a gang expert, even when coupled with personal knowledge that a defendant is a gang member, is insufficient to prove that a particular crime committed alone was “gang related.”

MacDonald v. Hedgpeth - filed Nov. 5, 2018
Cite as 2018 S.O.S. 16-55240
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CALIFORNIA COURT OF APPEAL
Civil Procedure
CACI No. 1821 mirrors the language of Civil Code Sec. 3344 and therefore adequately explains the applicable law. When something is attributable to an act, it is caused by or results from that act, a common definition that squares with the language of Sec. 3344. A prevailing party determination is made based on a comparison between the extent to which each party succeeded and failed in its contentions. The fact that a party received substantially less damages than what he sought does not defeat his prevailing party status.

Olive v. General Nutrition Centers, Inc. - filed Nov. 2, 2018, Second District, Div. Four
Cite as 2018 S.O.S. 5286
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Employment Law
Federal law applies to the determination of what type of costs are recoverable by a prevailing party in a Fair Labor Standards Act action filed in state court.

Quiles v. Parent - filed Nov. 2, 2018, Fourth District, Div. Three
Cite as 2018 S.O.S. 5295
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Employment Law
An arbitration provision in an employment agreement was procedurally and substantively unconscionable as applied to the worker’s claims to vindicate her statutory rights and for wrongful termination. If a worker’s claims have their “roots in the relationship” created by the agreement that required arbitration of claims “arising under or related to” the agreement, then the claims fall within the scope of the agreement. The law remains that mandatory employment contracts that require employees to waive their rights to bring statutory discrimination claims under the Fair Employment and Housing Act and related claims for wrongful termination in violation of public policy are unlawful.

Ramos v. Superior Court (Winston & Strawn) - filed Nov. 2, 2018, First District, Div. One
Cite as 2018 S.O.S. 5302
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MEMBER BENEFIT SPOTLIGHT
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