eBriefs Header
  Friday, November 16, 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.
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
Full text click here
Easley v. City of Riverside - filed Nov. 16, 2018
Cite as 2018 S.O.S. 16-55941_enbanc_order
Full text click here
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
Full text click here
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
Full text click here
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
Full text click here
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
Full text click here
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
Full text click here
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
Full text click here
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
Full text click here
Lat v. Farmers New World Life Insurance Company - filed Nov. 15, 2018, Second District, Div. One
Cite as 2018 S.O.S. 5430
Full text click here

Thomson Reuters -- Law firms across the country are now using easily accessible data to build their strategies and prepare for trials.  It’s giving them a competitive edge and answers to questions clients are always asking about. And, they are doing it in minutes, not hours or even days. By using Litigation Analytics on Westlaw Edge, you can discover relevant, data-driven insights from federal and select state dockets and cases such as:  

* Understand a judge’s background and experience – with real data to back it up
* Learn how a judge has ruled on similar motions, and identify the most persuasive arguments
* Determine how similar matters were resolved, and the time and effort involved
* See which law firms and attorneys have had the most experience before a judge or court

* View how a judge has handled expert challenges, and how they have fared on appeal

LACBA members can get a free Litigation Analytics report on the Federal Judge or an opposing counsel by requesting it HERE.

LACBA members receive discounts on Metropolitan News Company publications and services. For more information, contact Vahn Babigian at (213) 346-0033 or go to http://www.metnews.com/info.html
The full text of case rulings are in PDF files and require Adobe’s free Acrobat Reader to view. To download a copy go to: www.adobe.com//products/acrobat/readstep.html
Problems or comments?
Email us at ebriefs@lacba.org
© 2018 Los Angeles County Bar Association. The information contained in this document is intended solely for use by the person identified above. Any transmission to or copying for the benefit of another person is prohibited. Metropolitan News-Enterprise, SOS and MNC are registered trademarks of the Metropolitan News Company. Summaries are copyrighted by Metropolitan News Company © 2018, all rights reserved.