Developments of Interest

New Cases of Interest - July 6, 2017

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07/06/2017

Dhillon v. John Muir Health (2017) 2 Cal.5th 1109.  The Supreme Court holds that a superior court order partially granting a doctor's petition for a writ of administrative mandamus during a disciplinary matter is an appealable final judgment under CCP § 904.1(a) noting that the superior court acted on all of the issues before it and did not reserve jurisdiction to consider any remaining issues.  At that point the hospital had a right of immediate appeal even though the Court of Appeal then exercised jurisdiction in considering a writ petition filed by the hospital, the consideration to be afforded on a full appeal from a final judgment had not been granted and should be.  There is simply greater consideration given in connection with an appeal.

Hardwick v. Wilcox (2017) 11 Cal.App.5th 975.  The Court found that usury claims were not waived by the execution of a forbearance agreement which contained a unilateral general release of claims against the lender from the consequences of usury.  Such a release would be a violation of public policy.  The court also interpreted the release as not waiving a usury claim.

Chango Coffee, Inc. v. Applied Underwriters, Inc.  (2017) 11 Cal.App.5th 1247.  In this case there was a renewed motion brought under CCP § 1008(b) attempting to compel arbitration.  The renewed motion was denied, and an appeal was filed.  The Court however found that the appeal was to be dismissed in that orders renewed re motions are non-appealable and any appeal would have had to be taken from the earlier denied motion. 

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