Legal Opinions - Monthly Opinions Report

In any case in which a person is ordered to make victim restitution, and any portion of that restitution remains unsatisfied, are the courts prohibited from collecting court fines and fees unless they first apply those funds to pay the amounts ordered as restitution to the victim? In any case in which a person is ordered to make victim restitution, and any portion of that restitution remains unsatisfied, do the courts have the authority to collect victim restitution?

When California employs an medical consultant to evaluate a long-term disability claim for the Social Security Administration, is there a doctor-patient relationship between the consultant and the claimant? Would it violate California law for the consultant to order tests or procedures without examing the claimant? Is the medical consultant responsible for after hours follow up if a test reveals a critical condition? Would a consultant be engaged in the unlicensed practice of medicine if a test is carried out in a state where the consultant is not licensed?

Does the offense specified in Penal Code section 12072(d) and the punishments listed in Penal Code section 12072(g) apply to both the person transferring a firearm and the person receiving it?

Does it constitute an unlawful practice of law for one person (who is not a licensed member of the California Bar) to represent another person by presenting a demand letter and/or by negotiating a settlement of legal claims before a civil complaint is formally filed?

Does the Legislature have the authority to enact legislation that purports to preclude the commission from disciplining California superior court judges for authorizing supplemental compensation to be paid to themselves from public funds, and/or receiving that supplemental compensation, on the ground that benefits were or are not authorized by law? Does section 2 of SBX2 11 (a) simply identify which judges are permitted as of the effective date of SBX2 11 to continue receiving supplemental compensation from the effective date forward, on the terms and conditions in effect on July 1, 2008, or (b) retroactively authorize all or some portion of supplemental compensation provided by counties to judges, or to judges themselves, so long as it was being provided as of July 1, 2008?

Can the authority of the court impose a probation condition on DUI defendants to make a specified payment to the DUIRR Program?

Under the Emergency Medical Services Act, when are cities and counties required to enter into written agreements regarding local provision of emergency medical services? Does entering into such an agreement necessarily extinguish any pre-existing rights of obligations of a city? (Health and Safety Code section 1797.201.)

When a high school district contracts with a K-8 district to provide services to 7th and 8th grade students, may the high school district claim the revenue limit apportionment for those students, or must the revenue limit for the high school district be blended or adjusted? (Educ. Code secs. 35511, 35735.3.)

In applying exemptions and protections pursuant to California Code of Civil Procedure section 704.080, California Family Code section 17453(j)(2), and Federal Interim Rule, 31 Code of Federal Regulations Part 212, specifically section 212.6, should banks stack the exemptions and protections, or allow only the largest of the protections to the debtor consumer?

If a city councilmember, in his or her capacity as a resident, enters into a standard form contract with the city, that is generally available to a class of citizens, in order to receive monetary reimbursement for home improvements to mitigate the effects of airplane traffic noise in exchange for an avigation easement required by another public agency, does city councilmember's financial interest in the contract fall within the non-interest exception for public services generally provided by the public body under Government Code section 1091.5(a)(3)?

When a special district appoints one of its own board members or staff to serve on an oversight board for the dissolution of a redevelopment agency, may the special district compensate its appointee for attending meetings notwithstanding Health and Safety Code section 34179(a), which states that "oversight board members shall serve without compensation or reimbursement of expenses?

May a former local agency employee serve on that same public agency's elected Board of Directors while still being carried on that agency's employee payroll solely for purposes of utilizing unused vacation leave remaining from his/her time as an active employee?

Is the Honorable Jack Halpin (Retired Superior Court Judge) usurping the office of Superior Court Judge?

Can Jose Castaneda simultaneously serve as a trustee of the Alisal Union School District and as a city councilmember of the City of Salinas?

Can Gil Navarro simultaneously serve as a board member on the San Bernardino County Board of Education and the San Bernardino Valley Municipal Water District?

In connection with a school or community college bond measure, does a district violate state law by contracting with a bond underwriter for both pre-election campaign services and post-election underwriting services?