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  Thursday, November 8, 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
There are no circumstances under which a records custodian can resist a subpoena for a collective entity's records on Fifth Amendment grounds. The size of the collective entity, and the extent to which a jury would assume that the individual seeking to assert the privilege produced the documents, are not relevant.

In re 12 Grand Jury Subpoenas - filed Nov. 8, 2018
Cite as 2018 S.O.S. 17-17213
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Employment Law
An employer can be held liable under the Federal Railroad Safety Act for retaliating against a worker for refusing to engage in an action when he had an objectively reasonable belief that the act would violate a railroad safety rule or regulation.

Rookaird v. BNSF Railway Company - filed Nov. 8, 2018
Cite as 2018 S.O.S. 16-35786
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Immigration Law
A violation of California Penal Code Sec. 288(c)(1) is not categorically a crime involving moral turpitude since the statute lacks the corrupt scienter requirement that is the touchstone of moral turpitude. Sec. 288(c)(1) does not require intent to injure or actual injury, although it does involve a protected class of persons. Sec. 288(c)(1) contains a single, indivisible set of elements such that the modified categorical approach does not apply. Sec. 288(c)(1) is not categorically a crime of child abuse under 8 U.S.C. Sec. 1227(a)(2)(E)(1).

Menendez v. Whitaker - filed Nov. 8, 2018
Cite as 2018 S.O.S. 14-72730
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Immigration Law
Neither the Administrative Procedure Act nor the Immigration and Nationality Act bars judicial review of the decision by the Department of Homeland Security to rescind the Deferred Action for Childhood Arrivals program. The DACA program represents a permissible exercise of executive discretion, so a plaintiff challenging the DHS rescission of the program as illegal is likely to succeed in demonstrating that the rescission must be set aside.

Regents of the University of California v. U.S. Department of Homeland Security - filed Nov. 8, 2018
Cite as 2018 S.O.S. 18-15068
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Order
Brace v. Speier - filed Nov. 8, 2018
Cite as 2018 S.O.S. 17-60032
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CALIFORNIA COURT OF APPEAL
Civil Procedure
Code of Civil Procedure Sec. 92 precludes the filing of a special motion to strike in a limited civil case.

1550 Laurel Owner's Association v. Appellate Division (Munshi) - filed Nov. 7, 2018, Second District, Div. Three
Cite as 2018 S.O.S. 5338
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Employment Law
The Public Safety Officers Procedural Bill of Rights Act does not apply to the termination of a civil servant's career executive assignment. A worker who did not disclose or report a violation of law does not qualify as a whistleblower.

Manvian v. Department of Justice - filed Nov. 7, 2018, Third District
Cite as 2018 S.O.S. 5342
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Government Law
A party's desire to ensure that a city complies with its laws does not alone give rise to a beneficial interest sufficient to confer standing on the party, but it may give rise to public interest standing. A city cannot pass an ordinance to authorize the continued presence of billboards in an area after the voters passed a proposition that did not allow for any billboards in that area.

Citizens for Amending Proposition L v. City of Pomona - filed Nov. 7, 2018, Second District, Div. Four
Cite as 2018 S.O.S. 5349
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MEMBER BENEFIT SPOTLIGHT
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LACBA members can get a free Litigation Analytics report on the Federal Judge or an opposing counsel by requesting it HERE.

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