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  Tuesday, December 11, 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.
CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
Following the passage of Proposition 47, the new crime of shoplifting displaces the prior felony of second-degree burglary. This is because a person cannot commit burglary if he actually committed shoplifting, a prosecutor who wishes to convict a defendant of burglary must prove that the defendant did not commit shoplifting. An ice rink's locker room was part of a commercial establishment within the meaning of Penal Code Sec. 459.5.

In re E.P. - filed Dec. 11, 2018, Fourth District, Div. Three
Cite as 2018 S.O.S. 5843
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Employment Law
A post-judgment order that denies a motion to "strike" the entry of a document or to file a supplemental brief is a final and appealable order. A denial of a non-statutory motion to vacate a judgment is not appealable. An employer's practice of rounding punch times to the nearest 10-minute increment did not result in any failure, over time, to properly compensate workers. Time-rounding can be applied to the timekeeping of meal periods as well as to timekeeping of the beginning of an employee's shift. The neutrality of a rounding policy does not depend on the frequency of penalties. The test looks at how often the application of the rounding policy results in rounding up and rounding down.

Donohue v. AMN Services, LLC - filed Nov. 21, 2018, publication ordered Dec. 10, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 5848
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Torts
An allegation that the Watchtower is the highest governing body in the Jehovah's Witness Church was sufficient to allege that the Watchtower was responsible for an alleged pedophile being in a position of authority with access to his alleged victim, an allegation that the church had knowledge of the threat posed by the alleged pedophile was sufficient to plead facts from which the Watchtower could be held legally responsible for the molestation. A trial court does not abuse its discretion by failing to enter an order that was never suggested. Where a judge threatened a party with terminating sanctions if it did not comply with discovery and that did not motivate the party to comply, it is logical to conclude that lesser sanctions would have been ineffective as well.

J.W. v. Watchtower Bible & Tract Society of New York, Inc. - filed Dec. 10, 2018, Fourth District, Div. Two
Cite as 2018 S.O.S. 5863
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Workers' Compensation
Following the 2004 amendments to the Labor Code, if a worker's disability results from both nonindustrial and industrial causes, apportionment is required. whether or not an asymptomatic preexisting condition that contributed to the disability would, alone, have inevitably become manifest and resulted in disability is immaterial.

City of Petaluma v. Workers' Compensation Appeals Board (Lindh) - filed Dec. 10, 2018, First District, Div. One
Cite as 2018 S.O.S. 5874
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