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  Tuesday, November 6, 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.
Employment Law
An "employer" for purposes of 29 U. S. C. Sec. 630(b) includes persons engaged in an industry affecting commerce with 20 or more employees, and states or political subdivisions. No numerosity limitation applies to states and political subdivisions.

Mount Lemmon Fire District v. Guido - filed Nov. 6, 2018
Cite as 2018 S.O.S. 17-587
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Real Property
The Montana Supreme Court has generally adopted the test in Heinatz v. Allen for determining whether a particular substance was a mineral in the context of deeds and agreements regarding mineral rights to land. Under this test, dinosaur fossils found on a property were "minerals" and they therefore belonged to the owners of the mineral estate.

Murray v. BEJ Minerals, LLC - filed Nov. 6, 2018
Cite as 2018 S.O.S. 16-35506
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Navajo Nation v. United States Department of the Interior - filed Nov. 6, 2018
Cite as 2018 S.O.S. 13-15710
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Criminal Law and Procedure
A defendant may raise a challenge to his sentence based on amendments to the Penal Code that took effect while his appeal was pending, despite his failure to obtain a certificate of probable cause in support of his appeal, since the changes in the law were implicitly incorporated into his plea agreement and he was not contesting the validity of his plea.

People v. Baldivia - filed Nov. 5, 2018, Sixth District
Cite as 2018 S.O.S. 5312
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Criminal Law and Procedure
A dog sniff did not unconstitutionally prolong a defendant's detention for a traffic stop where the officer who conducted the dog sniff was able to get the dog and the dog alerted before the officer's partner finished filling out the citation, absent any evidence that the partner took more time than usual to issue the citation.

People v. Vera - filed Nov. 5, 2018, Fourth District, Div. Two
Cite as 2018 S.O.S. 5315
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Ivory Education Institute v. Department of Fish & Wildlife - filed Nov. 5, 2018, Second District, Div. Four
Cite as 2018 S.O.S. 5318
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