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  Monday, November 19, 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
Constitutional Law
A plaintiff's evidence that race was a motivation in drawing the boundaries of a city council district was not enough to raise a genuine issue of material fact as to whether race was the predominant factor motivating the legislature's actions where the record also demonstrated that the redistricting was intended to rebalance the populations in each district, while preserving communities and unifying as many neighborhood councils as possible. The legislative privilege protected local officials from being deposed and questioned regarding any legislative acts, motivations, or deliberations pertaining to the redistricting ordinance.

Lee v. City of Los Angeles - filed Nov. 19, 2018
Cite as 2018 S.O.S. 15-55478
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Constitutional Law
Mixed-motive claims are cognizable under 42 U.S.C. Sec. 1981. Thus, a plaintiff need not plead that racism was the but-for cause of a defendant's conduct, but only that racism was a factor in the defendant's conduct such that the plaintiff was denied the same right as a white citizen. The fact that cable operators engage in expressive conduct when they select which networks to carry does not automatically require the application of strict scrutiny to a claim that an African American operator was subjected to differential treatment. Sec. 1981 satisfied intermediate scrutiny because it was a content-neutral statute and was narrowly tailored to serve a significant government interest in preventing racial discrimination.

National Association of African American-Owned Media v. Charter Communications, Inc. - filed Nov. 19, 2018
Cite as 2018 S.O.S. 17-55723
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Order
Rodriguez v. Marin - filed Nov. 19, 2018
Cite as 2018 S.O.S. 13-56706
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CALIFORNIA SUPREME COURT
Government Law
Proposition 83 did not provide a basis for terminating the state's obligation to reimburse counties for the costs they incur in meeting their obligations under the Sexually Violent Predators Act, the Legislature never intended to terminate reimbursement for existing state mandates simply because the provisions creating the mandate happened to be restated without change in an initiative statute.

County of San Diego v. Commission on State Mandates - filed Nov. 19, 2018
Cite as 2018 S.O.S. 5432
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CALIFORNIA COURT OF APPEAL
Family Law
A trial court did not commit an abuse of discretion in issuing a domestic violence restraining order based on specific allegations that had not been contained in the request for the restraining order where the restrained party was on notice that the request was based on a threat of physical violence and the restrained party had an opportunity to respond to the allegations.

In re Marriage of Davila and Mejia - filed Nov. 19, 2018, Second District, Div. Seven
Cite as 2018 S.O.S. 5440
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