Howell motion in California

2013(Howell, supra, 52 Cal.4th at p. 567 .) Luttrell contends in his appellate briefs (but retreated from his position during oral argument) that the Howell rule is nonetheless inapplicable because Howell, involving payments by the plaintiff’s private insurance, did not discuss how its holding would apply if the medical expenses were instead paid by Medicare.

2013(Howell, supra, 52 Cal.4th at p. 567 .) Luttrell contends in his appellate briefs (but retreated from his position during oral argument) that the Howell rule is nonetheless inapplicable because Howell, involving payments by the plaintiff’s private insurance, did not discuss how its holding would apply if the medical expenses were instead paid by Medicare.

2024(See People v. Thomas (2023) 14 Cal.5th 327 , 368 [“Because there was no statutory error, defendant’s constitutional claims likewise fail”]; People v. Pearson (2013) 56 Cal.4th 393 , 425 fn. 5 (Pearson) [rejecting, on the merits, a claim the trial court erred on an issue before it necessarily means rejecting any new constitutional “gloss” raised on appeal].) Howell made no showing or claim that any incident involved similar conduct by a similarly situated person.

2014(See In re Bryce C. (1995) 12 Cal.4th 226, 232-233 .) Applying this procedure, we affirm the judgment. 2 FACTUAL AND PROCEDURAL BACKGROUND1 In March 2007, Kristen Osegueda was injured in a car accident during the course of her employment.

2014Thus, the principles of Fracasse v. Brent, supra, 6 Cal.3d 784 , involving a client's absolute right to discharge an attorney with whom she had entered into a contingent fee agreement (id. at p. 790), and the attorney's right to quantum meruit recovery against his or her former client on the occurrence of any contingency contemplated by the contract (id. at p. 791), have no bearing on Howell's claim against Maiorano. 16 III.

2014Thus, the principles of Fracasse v. Brent, supra, 6 Cal.3d 784 , involving a client's absolute right to discharge an attorney with whom she had entered into a contingent fee agreement (id. at p. 790), and the attorney's right to quantum meruit recovery against his or her former client on the occurrence of any contingency contemplated by the contract (id. at p. 791), have no bearing on Howell's claim against Maiorano. 16 III.

2013Proc., § 581c, subd. (a); Lingenfelter v. County of Fresno (2007) 154 Cal.App.4th 198, 207 .) Thus, the court did not grant Howell's motion for nonsuit "too early" as Colgan admittedly did not have any expert witnesses and did not seek leave to designate one, request a continuance, or reopen his case. 6 Colgan's reliance on Pete v. Henderson (1954) 124 Cal.App.2d 487 also does not assist our analysis.

2013Proc., § 581c, subd. (a); Lingenfelter v. County of Fresno (2007) 154 Cal.App.4th 198, 207 .) Thus, the court did not grant Howell's motion for nonsuit "too early" as Colgan admittedly did not have any expert witnesses and did not seek leave to designate one, request a continuance, or reopen his case. 6 Colgan's reliance on Pete v. Henderson (1954) 124 Cal.App.2d 487 also does not assist our analysis.