MICRA and Mortality

The malpractice reform statute, MICRA, generally provides for the enforceability of agreements to arbitrate medical malpractice claims, provided that the patient has a thirty-day period to rescind. But what happens if the patient dies allegedly due to the physician's malpractice before the 30-day period expires? In Rodriguez v. Superior Court (here), the court held that the constitutional policy that jury trial waivers be strictly construed, enunciated in Grafton Partners v. Superior Court, trumped the statutory policy in favor of arbitrating medical malpractice claims.

Another Cell Phone Plaintiff Bites Tne Dust

Weren't you irritated when you bought a fancy new cell phone free, or at a discount, because you signed up for a two-year plan, and then discovered that you were paying sales tax figured on the undiscounted sales price that you didn't pay? Me too. But it's all perfectly legal, according to a regulation put out by the Board of Equalization. And if you file a lawsuit claiming that the carrier didn't give you proper notice, you hit the bar of Article XIII, Section 32, which prohibits the issuance of injunctions against tax collection. That's what happened to the plaintiff in Yabsley v. Cingular Wireless (here). That's true even for a cause of action against the cell phone company based on the company's failure to disclose how much the tax is.

Does The MMPA Amend The CUA?

No, says the Court of Appeal in People v. Hochanadel (here). The "CUA" is another term for Prop. 215, the medical marijuana initiative. The "MMPA" is the "Medical Marijuana Program Act." Under Article II, Section 10(c) a statutory initiative can only be amended by another initiative, unless the initiative provides otherwise. Prop. 215 does not permit legislative amendment, so the Legislature can't amend it. In this case, the People contended that the MMPA, which sets up rules for marijuana cooperatives, was an unconstitutional amendment to Prop. 215. But the court rejected the argument, holding that the statute merely implemented the initiative, by identifying groups that could lawfully provide marijuana to medical users protected by Prop. 215, without diminishing the rights granted by the measure.

A Charge To Collect A Tax Is, Guess What? (A Tax)

Ever since the enactment of Prop. 13 there have been dozens of cases demarcating the boundary line between taxes, which at the local level now require voter approval, and fees, which sometimes do not require such approval (even under Prop. 218). The latest battle in this saga is Weisblat v. City of San Diego (here). There the City tried to impose a fee to cover the costs of imposing a tax on renters of real property. Not surprisingly, the court held that the charge was a tax, not a fee, since it did not cover the cost of regulation or the cost of providing a service to these property owners. Accordingly, the case largely restates settled law, and is far from the sweeping victory that it has been portrayed as by anti-tax groups. In fact, the only novel thing about the case is its holding that the tax was a "general tax" under Prop. 218, rather than a "special tax," even though it was intended to cover specific costs. That holding should give local government a chance to levy more general taxes that require only a majority vote.

Is The Con-Con Like "Magic Beans"?

That's what the Howard Jarvis Taxpayers Association thinks (here). You can see why they might be leery of the idea--some of their sacred cows are in the line of fire. But I didn't remember what "Magic Beans" were. Perhaps I've forgotten my Grimm's Fairy Tales.

Does The Constitution Prohibit The Legislature From Drafting Ballot Arguments?

That;s what the Howard Jarvis Taxpayers Association claims. The case is now pending in the Third Appellate District. Here is the HJTA's Opening Brief; here is the Legislature's Respondent's Brief; and here is the HJTA's Reply. Thanks, Tim Bittle, for sending these along.

The Convention Requires Compromise

So says the Los Angeles Times (here). But what kind of compromise? Ending "fees that are actually taxes"? That's what's "buzzing" in Sacramento, according to this report. RIP, Sinclair Paint.