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  • Commentaries
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California Case Commentaries

Morgan v. Ygrene Energy Fund, Inc.: PACE Assessments as “Taxes” and the Exclusivity of California’s Tax-Refund Procedures

Morgan v. Ygrene Energy Fund, Inc.: PACE Assessments as “Taxes” and the Exclusivity of California’s Tax-Refund Procedures

Date: Dec 6, 2025
Morgan v. Ygrene Energy Fund, Inc.: PACE Assessments as “Taxes” and the Exclusivity of California’s Tax-Refund Procedures I. Introduction In Morgan v. Ygrene Energy Fund, Inc. (Cal. Supreme Ct. Dec....
In re S.R.: CACI-Reportable Findings Preserve Justiciability of Terminated Dependency Appeals

In re S.R.: CACI-Reportable Findings Preserve Justiciability of Terminated Dependency Appeals

Date: Dec 2, 2025
In re S.R.: CACI‑Reportable Findings Preserve Justiciability of Terminated Dependency Appeals I. Introduction The California Supreme Court’s decision in In re S.R. (Dec. 1, 2025) addresses a...
Taxpayer Standing After the 2018 Amendment and Pronoun Protections in Long‑Term Care: Commentary on Taking Offense v. State of California

Taxpayer Standing After the 2018 Amendment and Pronoun Protections in Long‑Term Care: Commentary on Taking Offense v. State of California

Date: Nov 30, 2025
Taxpayer Standing After the 2018 Amendment and Pronoun Protections in Long‑Term Care: A Commentary on Taking Offense v. State of California (Cal. Supreme Ct. 2025) I. Introduction This commentary...
Content-Based Limits on “Unprotected” Speech Face Heightened Scrutiny When They Chill Protected Complaints: California Supreme Court Invalidates Penal Code §148.6

Content-Based Limits on “Unprotected” Speech Face Heightened Scrutiny When They Chill Protected Complaints: California Supreme Court Invalidates Penal Code §148.6

Date: Nov 12, 2025
Content-Based Limits on “Unprotected” Speech Face Heightened Scrutiny When They Chill Protected Complaints: California Supreme Court Invalidates Penal Code §148.6 Introduction In Los Angeles Police...
Captive-Audience Care and the Limits of Taxpayer Suits: California Upholds Long‑Term Care Pronoun Protections and Clarifies § 526a Standing

Captive-Audience Care and the Limits of Taxpayer Suits: California Upholds Long‑Term Care Pronoun Protections and Clarifies § 526a Standing

Date: Nov 8, 2025
Captive-Audience Care and the Limits of Taxpayer Suits: California Upholds Long‑Term Care Pronoun Protections and Clarifies § 526a Standing Introduction This commentary analyzes the California...
SB 483 Resentencing Must Apply Prop 36’s Public-Safety Override for Nonserious, Nonviolent Third Strikes: People v. Superior Court (Guevara)

SB 483 Resentencing Must Apply Prop 36’s Public-Safety Override for Nonserious, Nonviolent Third Strikes: People v. Superior Court (Guevara)

Date: Oct 10, 2025
SB 483 Resentencing Must Apply Prop 36’s Public-Safety Override for Nonserious, Nonviolent Third Strikes Commentary on People v. Superior Court (Guevara), California Supreme Court (Oct. 9, 2025)...
People v. Cardenas: “Active Participant” in §190.2(a)(22) Carries Its Plain Meaning; Sanchez and AB 333 Require Reversal of Gang Findings and Death Judgment; Limited McCoy Remand Permitted

People v. Cardenas: “Active Participant” in §190.2(a)(22) Carries Its Plain Meaning; Sanchez and AB 333 Require Reversal of Gang Findings and Death Judgment; Limited McCoy Remand Permitted

Date: Sep 5, 2025
People v. Cardenas: “Active Participant” in §190.2(a)(22) Carries Its Plain Meaning; Sanchez and AB 333 Require Reversal of Gang Findings and Death Judgment; Limited McCoy Remand Permitted...
From Greyhound to Yamaha: California Supreme Court Ends “Uniquely Deferential” Review of CPUC Statutory Interpretations Under Public Utilities Code §§ 1757 and 1757.1

From Greyhound to Yamaha: California Supreme Court Ends “Uniquely Deferential” Review of CPUC Statutory Interpretations Under Public Utilities Code §§ 1757 and 1757.1

Date: Sep 5, 2025
From Greyhound to Yamaha: California Supreme Court Ends “Uniquely Deferential” Review of CPUC Statutory Interpretations Under Public Utilities Code §§ 1757 and 1757.1 Introduction In Center for...
When Intangible Contracts Yield Property-Use Income: California Supreme Court Holds Occupancy-Tax Rebates and Hotel “Key Money” Are Taxable in Income-Valuing Hotels; Management Fees Don’t Automatically Remove Enterprise Intangibles

When Intangible Contracts Yield Property-Use Income: California Supreme Court Holds Occupancy-Tax Rebates and Hotel “Key Money” Are Taxable in Income-Valuing Hotels; Management Fees Don’t Automatically Remove Enterprise Intangibles

Date: Aug 29, 2025
When Contractual Intangibles Generate Property-Use Income: Occupancy-Tax Rebates and Hotel “Key Money” May Be Included in Ad Valorem Valuation; Enterprise Intangibles Still Must Be Backed Out...
Aguirre: AB 333’s “More-Than-Reputational” Predicate Requirement Applies Retroactively; Evidence Code § 352.2 Is Not Retroactive; Death Judgment Reversed

Aguirre: AB 333’s “More-Than-Reputational” Predicate Requirement Applies Retroactively; Evidence Code § 352.2 Is Not Retroactive; Death Judgment Reversed

Date: Aug 29, 2025
Aguirre: AB 333’s “More-Than-Reputational” Predicate Requirement Applies Retroactively; Evidence Code § 352.2 Is Not Retroactive; Death Judgment Reversed Court: Supreme Court of California Date:...
Current-Law Test for Gang-Based Strikes: People v. Fletcher Requires AB 333 Compliance for § 1192.7(c)(28) Prior Serious Felony Findings

Current-Law Test for Gang-Based Strikes: People v. Fletcher Requires AB 333 Compliance for § 1192.7(c)(28) Prior Serious Felony Findings

Date: Aug 26, 2025
Current-Law Test for Gang-Based Strikes: People v. Fletcher Requires AB 333 Compliance for § 1192.7(c)(28) Prior Serious Felony Findings Introduction In People v. Fletcher (Cal. Aug. 25, 2025), the...
Iloff v. LaPaille: Employers Must Make a Reasonable Legal Inquiry to Invoke the §1194.2 Good‑Faith Defense; Paid Sick Leave Claims Are Cognizable in Berman Appeals

Iloff v. LaPaille: Employers Must Make a Reasonable Legal Inquiry to Invoke the §1194.2 Good‑Faith Defense; Paid Sick Leave Claims Are Cognizable in Berman Appeals

Date: Aug 22, 2025
Iloff v. LaPaille: Employers Must Make a Reasonable Legal Inquiry to Invoke the §1194.2 Good‑Faith Defense; Paid Sick Leave Claims Are Cognizable in Berman Appeals Introduction In Iloff v. LaPaille,...
No Parole Revocation Fine When Sentence Is Death Plus Only Indeterminate Terms: People v. Alvarez (Cal. 2025)

No Parole Revocation Fine When Sentence Is Death Plus Only Indeterminate Terms: People v. Alvarez (Cal. 2025)

Date: Aug 19, 2025
No Parole Revocation Fine When Sentence Is Death Plus Only Indeterminate Terms People v. Alvarez, Supreme Court of California (Aug. 18, 2025) Introduction People v. Alvarez is a capital case arising...
Cannon’s Rule: Rational Basis Governs Equal Protection Challenges to SVPA Jury Waiver Procedures; the Jury Decision Rests with the Defendant

Cannon’s Rule: Rational Basis Governs Equal Protection Challenges to SVPA Jury Waiver Procedures; the Jury Decision Rests with the Defendant

Date: Aug 19, 2025
Cannon’s Rule: Rational Basis Governs Equal Protection Challenges to SVPA Jury Waiver Procedures; the Jury Decision Rests with the Defendant Introduction In People v. Cannon (Cal. Aug. 18, 2025), the...
Holland v. Silverscreen Healthcare, Inc.: MICRA § 1295 Arbitration Does Not Reach Wrongful Death Claims Predicated on Custodial Neglect at Skilled Nursing Facilities

Holland v. Silverscreen Healthcare, Inc.: MICRA § 1295 Arbitration Does Not Reach Wrongful Death Claims Predicated on Custodial Neglect at Skilled Nursing Facilities

Date: Aug 15, 2025
Holland v. Silverscreen Healthcare, Inc.: MICRA § 1295 Arbitration Does Not Reach Wrongful Death Claims Predicated on Custodial Neglect at Skilled Nursing Facilities Introduction In Holland v....
Deterring Strategic Nonpayment Without Automatic Forfeiture: California Supreme Court Upholds CCP § 1281.98 Against FAA Preemption by Incorporating Relief-from-Forfeiture Doctrines

Deterring Strategic Nonpayment Without Automatic Forfeiture: California Supreme Court Upholds CCP § 1281.98 Against FAA Preemption by Incorporating Relief-from-Forfeiture Doctrines

Date: Aug 12, 2025
Deterring Strategic Nonpayment Without Automatic Forfeiture: California Supreme Court Upholds CCP § 1281.98 Against FAA Preemption by Incorporating Relief-from-Forfeiture Doctrines Introduction In...
Abrogating Greyhound Deference: California Supreme Court Aligns CPUC Review with Yamaha and Code of Civil Procedure § 1094.5

Abrogating Greyhound Deference: California Supreme Court Aligns CPUC Review with Yamaha and Code of Civil Procedure § 1094.5

Date: Aug 8, 2025
Abrogating Greyhound Deference: California Supreme Court Aligns CPUC Review with Yamaha and Code of Civil Procedure § 1094.5 Case: Center for Biological Diversity, Inc. v. Public Utilities...
No Warrant-Based Carveout: California Supreme Court Holds ICWA Extended-Family Initial Inquiry Duty Applies in All Temporary Custody Cases, and AB 81 Is a Clarifying Amendment (In re Ja.O.)

No Warrant-Based Carveout: California Supreme Court Holds ICWA Extended-Family Initial Inquiry Duty Applies in All Temporary Custody Cases, and AB 81 Is a Clarifying Amendment (In re Ja.O.)

Date: Aug 5, 2025
No Warrant-Based Carveout: California Supreme Court Holds ICWA Extended-Family Initial Inquiry Duty Applies in All Temporary Custody Cases, and AB 81 Is a Clarifying Amendment (In re Ja.O.)...
Remand, Not Reinstatement: California Supreme Court Clarifies Appellate Remedies for Erroneous Romero Dismissals (People v. Dain)

Remand, Not Reinstatement: California Supreme Court Clarifies Appellate Remedies for Erroneous Romero Dismissals (People v. Dain)

Date: Aug 5, 2025
Remand, Not Reinstatement: California Supreme Court Clarifies Appellate Remedies for Erroneous Romero Dismissals Commentary on People v. Dain, Supreme Court of California (Aug. 4, 2025) Introduction...
When MICRA Stops at the Curb: California Supreme Court Limits §340.5 to Professional Duties Owed in Rendering Medical Care (Gutierrez v. Tostado)

When MICRA Stops at the Curb: California Supreme Court Limits §340.5 to Professional Duties Owed in Rendering Medical Care (Gutierrez v. Tostado)

Date: Aug 1, 2025
When MICRA Stops at the Curb: California Supreme Court Limits §340.5 to Professional Duties Owed in Rendering Medical Care Commentary on Gutierrez v. Tostado, Supreme Court of California (July 31,...
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