Legal Reports and Briefs

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Silva v. Medic Ambulance Service, Inc. (2024) A167098

Appeal of class action against ambulance company: The plaintiffs and their counsel appealed the trial court's decision to grant the defendant's motion for judgment on the pleadings and to impose sanctions on the plaintiffs' counsel.
Emergency Ambulance Employee Safety and Preparedness Act (EAESPA): The EAESPA was enacted by Proposition 11 and provides that emergency ambulance employees must remain reachable by a portable device during their work shifts. The EAESPA also states that it is retroactive and does not alter or amend existing law.
Calleros decision: The Fourth District rejected the plaintiffs' argument that the EAESPA was unconstitutional and upheld its retroactive application. The California Supreme Court denied requests for depublication and review of Calleros.
Trial court's ruling: The trial court followed Calleros and dismissed the plaintiffs' claims based on the EAESPA. The trial court also imposed a $2,000 sanction on the plaintiffs' counsel, finding that their claim was without merit.
Appeal court's conclusion: The appeal court affirmed the trial court's ruling and rejected the plaintiffs' arguments that Calleros was wrongly decided and that the trial court abused its discretion in imposing sanctions.
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