ENVIRONMENTAL
People ex rel Department of Conservation v. El Dorado County
S116870 (C039428) 108 Cal.App.4th 672
Petition on review after affirmance of judgment.
Question presented: Does the Department of Conservation have standing under the Surface Mining and Reclamation Act and the California Environmental Quality Act to seek judicial review of a local lead agency’s approval of reclamation plans and financial assurances for surface mining operations? 8/13/03
INSURANCE
Parnell v. Adventist Health System/West
S114888 (F038004) 106 Cal.App.4th 580
Petition on review after reversal of judgment.
Question presented: Was a hospital that had received full payment for services under the terms of its contract with a medical insurance provider entitled to assert a lien against any recovery from a third party tortfeasor in order to recover the difference between the insurance payment and the hospital’s "usual and customary" charges for similar services? 6/11/03 (Editor’s note: Initially, the court ordered briefing deferred. On August 20, 2003, the court issued an order directing that the case be briefed on the merits.)
CRIMINAL LAW AND PROCEDURE
People v. Randall
S117370 (A091`7168) 109 Cal.App.4th 313
Petition on review following reversal of judgment.
Question presented: Did the doctrine of imperfect defense of others mitigate murder where a fleeing felon employed deadly force to defend an accomplice against the victim’s attack in hot pursuit? 8/27/03
TORTS
Delgado v. Trax Bar & Grill
S117287 (F040180) 109 Cal.App.4th 262
Petition on review after reversal of judgment.
Question presented: Did a tavern owner who voluntarily provided security guards to monitor its parking lot and exert crowd control assume a duty of care to a patron of the tavern to protect him from an assault by another patron in the parking lot? 8/27/03
