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  Wednesday, December 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
Admiralty Law
The "borrowed employee" doctrine applies to "employees" under the Longshore and Harbor Workers' Compensation Act.

Cruz v. National Steel & Shipbuilding Company - filed Dec. 19, 2018
Cite as 2018 S.O.S. 17-55441
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Immigration Law
The retroactivity analysis from Montgomery Ward & Co. v. FTC is only applicable when an agency consciously overrules or otherwise alters its own rule or regulation, or expressly considers and openly departs from a circuit court decision. The U.S. Attorney General's decision in In re Silva-Trevino did not change the law establishing that felony endangerment under Arizona Revised Statutes Sec. 13-1201 is a crime involving moral turpitude.

Olivas-Motta v. Whitaker - filed Dec. 19, 2018
Cite as 2018 S.O.S. 14-70543
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CALIFORNIA COURT OF APPEAL
Evidence Law
Disqualification of counsel is not an appropriate remedy for a violation of the attorney-client privilege if the violation resulted in no actual disclosure of relevant information likely be used advantageously against an adverse party during the course of the litigation.

City of San Diego v. Superior Court (Hoover) - filed Dec. 19, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 6052
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Family Law
Where the parties' spousal support settlement agreement reflected an understanding that the wife's recent earnings history included a pattern of increases, future increases consistent with this pattern would not amount to changed circumstances sufficient to justify a modification of spousal support, but a dramatic one-year leap in earnings constitutes a material change in circumstances such that a court could consider modification of her spousal support obligations. A trial court abused its discretion in fashioning a modification that failed to incorporate the parties' demonstrated understanding that the wife would have not insignificant increases in her earnings.

In re Marriage of T.C. and D.C. - filed Dec. 18, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 6057
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Insurance Law
A carrier did not act in bad faith by delaying its resolution of an insured's claim for uninsured-underinsured motorist coverage until after a determination of her entitlement to workers' compensation benefits established the loss payable to her.

Case v. State Farm Mutual Automobile Insurance Company - filed Nov. 21, 2018, publication ordered Dec. 18, 2018, Second District, Div. Four
Cite as 2018 S.O.S. 6061
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Torts
A trial court prejudicially erred in issuing an instruction informing the jury that a plaintiff was not premising her claim for liability on a city's design for its property where the instruction implicitly presumed the city had established that it was entitled to design immunity without that issue ever having been presented to the trial court.

Guernsey v. City of Salinas - filed Dec. 17, 2018, Sixth District
Cite as 2018 S.O.S. 6069
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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
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