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  Friday, November 16, 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
Immigration Law
The void-for-vagueness doctrine does not apply to any grounds of inadmissibility, and the crime involving moral turpitude statute, 8 U.S.C. Sec. 1182(a)(2)(A)(i)(I), is not unconstitutionally vague.

Martinez-De Ryan v. Whitaker - filed Nov. 16, 2018
Cite as 2018 S.O.S. 15-70759
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Order
Easley v. City of Riverside - filed Nov. 16, 2018
Cite as 2018 S.O.S. 16-55941_enbanc_order
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CALIFORNIA COURT OF APPEAL
Civil Procedure
Any reasonably prudent person, upon being informed that he was being sued for failing to disclose the structure of a transaction, would conduct further investigation into the matter. An attorney's willful concealment of facts tolls only the four-year limitation under Code of Civil Procedure Sec. 340.6.

Genisman v. Hopkins Carley - filed Oct. 16, 2018, publication ordered Nov. 14, 2018, Sixth District
Cite as 2018 S.O.S. 5390
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Civil Procedure
A trial court did not commit clear error in prohibiting counsel from providing mini-opening statements and discussing case-specific facts after the first day of voir dire. A trial court did not abuse its considerable discretion when it denied a plaintiff's "for cause" challenges two prospective jurors who had made conflicting statements about their ability to remain impartial since neither juror expressed views indicative of an unalterable preference in favor of the defense.

Alcazar v. L.A. Unified School District - filed Oct. 16, 2018, publication ordered Nov. 15, 2018, Second District, Div. One
Cite as 2018 S.O.S. 5394
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Civil Procedure
Civil Code Sec. 1668 negates a contractual clause exempting a party from responsibility for fraud or a statutory violation only when all or some of the elements of the tort are concurrent or future events at the time the contract is signed. Sec. 1668 does not negate such a clause when all the elements are past events.

SI 59 LLC v. Variel Warner Ventures, LLC - filed Nov. 15, 2018, Second District, Div. Two
Cite as 2018 S.O.S. 5400
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Criminal Law and Procedure
A defendant may appeal denial of a factual innocence motion pursuant to Penal Code Sc. 1237(b).

People v. Caldwell - filed Nov. 15, 2018, First District, Div. Three
Cite as 2018 S.O.S. 5404
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Election Law
The voters' rejection of an initiative on water rates does not establish that the voters would necessarily have rejected a referendum on the same issue. The voters' adoption of Proposition 218 did not abridge voters' right to challenge local resolutions and ordinances by referendum. A local resolution adopting an extensive water upgrade project funded by a new water rate plan was legislative in nature and therefore subject to voter referendum.

Wilde v. City of Dunsmuir - filed Nov. 15, 2018, Third District
Cite as 2018 S.O.S. 5408
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Employment l Law
Workers are not entitled to be compensated for time spent traveling in employer-provided vehicles between their homes and worksites under an optional and voluntary home dispatch program. Simply transporting tools and equipment during commute time is not compensable work where no effort or extra time is required to effectuate the transport.

Hernandez v. Pacific Bell Telephone Company - filed Nov. 15, 2018, Third District
Cite as 2018 S.O.S. 5415
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Environmental Law
A county's general plan update does not violate the Timberland Act if it does not recite the statutory language in Government Code Sec. 51104. Sec. 51104 suffices to supply the restrictions on residences and structures on timberland production zone parcels. An environmental impact report is not deficient for lack of study regarding the effects of Sec. 51104 on the construction of residences and structures in timberland production zone parcels.

High Sierra Rural Alliance v. County of Plumas - filed Oct. 19, 2018, publication ordered Nov. 15, 2018, Third District
Cite as 2018 S.O.S. 5420
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Modification
Lat v. Farmers New World Life Insurance Company - filed Nov. 15, 2018, Second District, Div. One
Cite as 2018 S.O.S. 5430
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