[DOWNLOAD] "Mayerhoff v. Kaiser Foundation Health Plan Inc." by Second Appellate District, Division Five Court of Appeal of California ~ Book PDF Kindle ePub Free

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eBook details

• Title: Mayerhoff v. Kaiser Foundation Health Plan Inc.
• Author : Second Appellate District, Division Five Court of Appeal of California
• Release Date : January 18, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

The case at bench raises the issue of the consequences to retrial of an appellate reversal and remand for "proceedings consistent with the views expressed" in the appellate opinion. We conclude: (1) where the appellate opinion uses the phrase to incorporate by reference portions of the body of the opinion into the pronouncement of appellate judgment, the trial court, on retrial, is bound by the incorporated portions as if they were included as an express specific direction on remand, and (2) any portion of the opinion not so incorporated has the less stringent effect of the law of the case. Accordingly, we direct that a peremptory writ of mandate issue requiring the trial court to comply with the direction of the Supreme Court in its opinion reversing a prior judgment in the case at bench. We leave to the trial court discretion to apply the remainder of the opinion to issues not covered by the direction.

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