February 19, 2014

3-opinion filing day for the Supreme Court tomorrow

Tomorrow morning, the Supreme Court will issue three opinions.  The three cases were all argued last month.

In Fahlen v. Sutter Central Valley Hospitals, the court will decide whether a physician must obtain a judgment through mandamus review setting aside a hospital’s decision to terminate the physician’s privileges prior to pursuing a whistleblower retaliation action under Health and Safety Code section 1278.5.  [Disclosure:  Horvitz & Levy filed an amici curiae brief supporting the defendant.]

In People v. Infante, the issue is:  Did the Court of Appeal correctly determine that defendant committed independent felonious conduct that elevated his otherwise misdemeanor firearm possession to a felony and supported the charge of being an active participant in a criminal street gang in violation of Penal Code section 186.22, subdivision (a)?

People v. Rodriguez is an automatic appeal from a January 2004 judgment of death.

The three opinions can be viewed online tomorrow beginning at 10:00 a.m.

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