These included violation of due process under both the federal and California Constitutions, breach of fiduciary duty, gross negligence, negligence, ineffective assistance of counsel, negligent infliction of emotional distress, intentional infliction of emotional distress, reckless misconduct, malice, violation of the exclusionary rule, breach of the standard duty of care, and negligence per se.
Respondents apparently filed a demurrer and motion to strike this complaint on October 3, On December 5, , appellant filed a request for voluntary dismissal of his action without prejudice, a dismissal which was "entered as requested" on that date. Apparently, he subsequently refiled essentially the same action in federal court.
On February 14, , after the deadline for filing such a motion had passed see Cal. Rules of Court, rule 3. On March 28, , the trial court denied appellant's motion and entered a judgment for those costs against him. Thereafter, appellant apparently filed, and respondents apparently opposed, a motion to set aside that judgment.
For several separate and distinct reasons, appellant's appeal fails. First of all, as one of our sister courts has stated: "A costs award is reviewed on appeal for abuse of discretion. As other courts have framed it, "[T]he term judicial discretion implies absence of arbitrary determination, capricious disposition, or whimsical thinking.
It imports the exercise of discriminating judgment within the bounds of reason. To exercise the power of judicial discretion, all the material facts must be known and considered, together also with the legal principles essential to an informed, intelligent and just decision.
Kilbourne 84 Cal. Thrifty Corp. Without such, it borders on the impossible for this court to determine that there was an abuse of discretion for the trial court to deny appellant's motion to strike the cost bill filed by respondents. Second, even per his brief to us and the sparse clerk's transcript provided us, appellant's motion to strike respondents' cost bill was untimely.
As noted above, California Rules of Court, rule 3. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section See, e. Willis 27 Cal. Civil Service Bd. The federal agency is citing a guidance memo that it says reiterated conditions under which parolees may remain in nursing facilities. Inmates can seek compassionate release if they are diagnosed with an illness that is deemed likely to cause their death in 12 months or less and is a medical condition they did not have when sentenced.
But the organization said in a review that such laws are rarely used. Researchers from the Vera Institute of Justice, a national nonprofit research and advocacy group, said barriers include limited eligibility criteria and the difficulty in applying for release. Their report found that Alabama had released 39 people on medical parole over eight years, while Texas approved 86 out of more than 2, requests in The legislative organization said those states had some of the highest rates of release.
California eclipsed those releases by approving medical paroles and denying requests since , though that is a tiny fraction of the nearly , inmates currently imprisoned in the most populous state. California Assemblyman Phil Ting, who heads the powerful Assembly Budget Committee, is carrying a bill to expand the criteria and create an easier process for placing incapacitated inmates in community health care facilities.
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