In a personal injury case, in what circumstances is the sole duty of a magistrate to assess and determine a plaintiff's health and safety?
California, United States of America
The following excerpt is from People v. Machupa, 29 Cal.Rptr.2d 775, 7 Cal.4th 614, 872 P.2d 114 (Cal. 1994):
In saying this, we do not fault the magistrate. Rather, we are mindful of the comment of this court in People v. Cook (1978) 22 Cal.3d 67, 93, 148 Cal.Rptr. 605, 583 P.2d 130, that "[u]nder the Constitution and the statutes the sole duty of a magistrate to
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