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| Benn v. County of Los Angeles, B185375,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN, May 2, 2007, Filed
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Overview: In a civil rights action under 42 U.S.C. § 1983, county did not violate nonprofit corporation's due process rights by placing all of its foster care facilities on Do Not Refer status without adequate notice, hearing, or an opportunity to cure alleged deficiencies. Corporation had no property interest based on its contracts with county.
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| Eight Unnamed Physicians v. Medical Executive Committee, A113456,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, May 2, 2007, Filed
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Overview: In a dispute about procedure in a disciplinary proceeding, trial court should not have ordered a hospital's medical executive committee to submit to a consolidated hearing because physicians failed to exhaust their administrative remedies. Appeal to the hospital board of directors was an adequate remedy; no interim review procedure was required.
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| Fitzhugh v. Granada Healthcare & Rehabilitation Center, LLC, A115123,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, May 2, 2007, Filed
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Overview: Trial court properly refused to compel arbitration of suit against hospital under terms of arbitration agreements executed by spouse as agent for patient; because death of a patient did not abate any claim under Health & Saf. Code, § 1430, subd. (b), any claim under § 1430, subd. (b), survived patient's death and was not subject to arbitration.
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| In re Smith, H030201,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, May 2, 2007, Filed
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Overview: Pursuant to Cal. Code Regs., tit. 15, § 2345, the 12.75 years by which a parolee's constructive service exceeded his base prison term of 20 years was to be applied against the parolee's five-year parole term, thereby reducing the parolee's required time on parole to zero.
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| People v. Macklem, D046806,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 2, 2007, Filed
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| People v. Thomas, B190523,
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION EIGHT, May 2, 2007, Filed
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Overview: Trial court did not err in using CALJIC instructions instead of the more recently approved CALCRIM instructions in defendant's murder trial; neither Cal. Rules of Court, rule 2.1050, nor any other authority mandated the use of CALCRIM instructions to the exclusion of other valid instructions.
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