Hoines v. Barney's Club, Inc

In Hoines v. Barney's Club, Inc. (1980) 28 Cal.3d 603, the California Supreme Court held that a release of civil liability, as well as a stipulation of probable cause for arrest, does not contravene public policy when the prosecutor procures such a release or stipulation in the interests of justice, without coercion. According to Hoines, "the time honored practice of discharging misdemeanants on condition of a release of civil liabilities or stipulation of probable cause for arrest, does not contravene public policy when the prosecutor acts in the interests of justice." The Hoines court concluded the stipulation was not coerced for a number of reasons, including the plaintiff was well informed of the law; the plaintiff signed the release knowing its import, meaning and effect; the state lacked a keen interest in pursuing a jury trial on a misdemeanor charge although there was probable cause; the release furthered fairness to other concerned parties who had acted on such probable cause; the plaintiff was at liberty on bail and had the right to trial at his option; and the plaintiff "exercised a free will in electing to release all parties from potential civil damages in order to avoid a trial exposing him to criminal liability involving the very issues he now raises."