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  Friday, December 21, 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
Impoundment of a vehicle pursuant to California Vehicle Code Sec. 14602.6(a)(1) constitutes a seizure for Fourth Amendment Purposes. A state's interest in keeping unlicensed drivers off the road provides a "community caretaking" exception to the Fourth Amendment, but application of the exception turns on the facts and circumstances of a given case.

Sandoval v. County of Sonoma - filed Dec. 21, 2018
Cite as 2018 S.O.S. 16-16122
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Criminal Law and Procedure
18 U.S.C. Sec. 924(d) authorizes civil forfeiture of property, and 28 U.S.C. Sec. 2461(c) permits the government to seek criminal forfeiture whenever civil forfeiture is available and the defendant pleads guilty to the offense giving rise to the forfeiture. Sec. 2461(c) authorizes the forfeiture of substitute property because 21 U.S.C. Sec. 853(p), the substitute property provision in the statute that authorizes forfeiture in connection with certain federal drug offenses, is one of the 21 U.S.C. Sec. 853 "procedures" incorporated by reference in Sec. 2461(c).

United States v. Valdez - filed Dec. 21, 2018
Cite as 2018 S.O.S. 17-10446
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Government Law
When a document is created by a final decisionmaker and represents the final view of an entire agency as to a matter which, once concluded, is a final agency action independent of another agency's use of that document, it is not pre-decisional. A document is "deliberative" if it reveals the mental processes of the decisionmakers and would expose the decision-making process in such a way as to discourage candid discussion within an agency.

Sierra Club, Inc. v. U.S. Fish and Wildlife Services - filed Dec. 21, 2018
Cite as 2018 S.O.S. 17-16560
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CALIFORNIA COURT OF APPEAL
Criminal Law and Procedure
For a defendant to be committed as a mentally disordered offender, he must have received 90 days of treatment for his severe mental disorder in the year before being paroled. Jail medical records are the "reliable and trustworthy" record of an inmate's treatment. When an inmate's records show treatment for two disorders that were not the disorder subjecting him to MDO commitment, that treatment will not count towards the 90-day threshold.

People v. Bandovid - filed Dec. 20, 2018, Second District, Div. Six
Cite as 2018 S.O.S. 6096
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Criminal Law and Procedure
A probation condition prohibiting a minor from discussing his case on social media was not unconstitutional where the restriction was precise, narrow, and reasonably tailored to address the minor's past posting conduct and rehabilitation.

In re A.A. - filed Dec. 20, 2018, Second District, Div. Six
Cite as 2018 S.O.S. 6100
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Employment Law
Evidence that a worker accurately recorded her work time, that she was required to obtain approval from her supervisor prior to beginning her meal break and that she would begin her meal break when instructed was sufficient to support a finding that she did not receive meal breaks as required by law where the worker's records indicate she worked more five hours without taking a meal break and she did not receive a premium payment. Provision of a late meal period does not satisfy California's meal period requirements. An employee who brings a representative action under the Private Attorney General Act may seek penalties not only for the Labor Code violation that affected her, but also for different violations that affected other employees.

Carrington v. Starbucks Corporation - filed Nov. 27, 2018, publication ordered Dec. 19, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 6102
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Environmental Law
A party cannot challenge the environmental sufficiency of a federal license to operate a hydroelectric dam in a state court because jurisdiction to review the matter lies with the Federal Energy Regulatory Commission.

County of Butte v. Department of Water Resources (State Water Contractors) - filed Dec. 20, 2018, Third District
Cite as 2018 S.O.S. 6112
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Government Law
A school district's unilateral disclosure of documents related to complaints against a teacher did not forfeit a dispute over whether the California Public Records Act had required the release of the documents. The right to assert confidentiality was not forfeited even though the information contained in the documents was the same as or like the information available elsewhere in the public domain. Documents that include personal information about an employee, to which access is limited to the employee's supervisors, qualify as personnel records. A document's status as public or confidential does not turn on the arbitrary circumstance of where the document is located. While the public has a significant interest in the conduct of public school teachers and coaches, complaints that a teacher belittled high-school athletes are not complaints of a substantial nature and the teacher's privacy interest outweighed the public's minimal interest in the matter.

Associated Chino Teaches v. Chino Valley Unified School District - filed Nov. 29, 2018, publication ordered Dec. 20, 2018, Fourth District, Div. Two
Cite as 2018 S.O.S. 6119
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Government Law
A fee study that failed to quantify the expected amount of new development or the number of new students it would generate, did not identify the type of facilities that would be necessary to accommodate those new students, and failed to assess the costs associated with those facilities, did not support a school board's decision to enact a development fee.

SummerHill Winchester LLC v. Campbell Union School District - filed Dec. 4, 2018, publication ordered Dec. 20, 2018, Sixth District
Cite as 2018 S.O.S. 6124
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Probate Law
The definition of "transferee" as kindred in Probate Code Sec. 21110(c) applies to Sec. 21110, but the more general definition of "transferee" applies in Sec. 21111(b).

Estate of Stockird - filed Dec. 19, 2018, First District, Div. One
Cite as 2018 S.O.S. 6129
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Professional Responsibility
Where there is substantial evidence supporting the factual determination that the client made an informed decision to agree to a law firm's concurrent representation of themselves as well as another client with potentially adverse interests, no authority precludes a court from denying a subsequent motion to disqualify that attorney based on implied consent or holds that the absence of a written confirmation of that consent is dispositive.

Antelope Valley Groundwater Cases - filed Dec. 20, 2018, Fifth District
Cite as 2018 S.O.S. 6133
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Torts
Where the record evidence supported a finding that a driver's use of a company truck for personal travel after work was dictated by the employer's requirement, the risk of the truck's involvement in an accident is a foreseeable risk that is attributable to the business enterprise under California's risks-of-the-enterprise principle and the risk is therefore best allocated to the enterprise.

Moreno v. Visser Ranch, Inc. - filed Dec. 20, 2018, Fifth District
Cite as 2018 S.O.S. 6142
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Modification
People v. Garcia - filed Dec. 20, 2018, Second District, Div. Six
Cite as 2018 S.O.S. 6148
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