California Case Commentaries

Supreme Court of CA Clarifies Collateral Estoppel Limitations in DMV DUI Proceedings - Gikas v. Zolin

Date: Dec 24, 1993

Supreme Court of CA Clarifies Collateral Estoppel Limitations in DMV DUI Proceedings - Gikas v. Zolin Introduction In Gikas v. Zolin, the Supreme Court of California addressed a pivotal issue...

PEOPLE v. HICKS: Exception to Penal Code Section 654 Established for Enumerated Sexual Offenses Under Section 667.6(c)

Date: Dec 21, 1993

PEOPLE v. HICKS: Exception to Penal Code Section 654 Established for Enumerated Sexual Offenses Under Section 667.6(c) Introduction PEOPLE v. HICKS is a landmark decision rendered by the Supreme...

Application of Penal Code Section 12022.1 in Juvenile Proceedings: In re Jovan B. Analysis

Date: Dec 21, 1993

Application of Penal Code Section 12022.1 in Juvenile Proceedings: In re Jovan B. Analysis Introduction In re Jovan B. is a landmark decision by the Supreme Court of California, decided on December...

Appealability of Attorney Fee Denials and Limitations on Prejudgment Interest: Lakins v. Watkins Associated Industries

Date: Dec 17, 1993

Appealability of Attorney Fee Denials and Limitations on Prejudgment Interest: Lakins v. Watkins Associated Industries Introduction In Colleen Lakins v. Watkins Associated Industrieset al. (6 Cal.4th...

Uniform Application of Marsden Standard for Substitution of Counsel in Preconviction and Postconviction Proceedings

Date: Dec 17, 1993

Uniform Application of Marsden Standard for Substitution of Counsel in Preconviction and Postconviction Proceedings 1. Introduction Case Overview: The People, Plaintiff and Respondent, v. Michael...

Refining Foreseeability in Landowner Duty: Pacific Plaza Shopping Center Decision

Date: Dec 17, 1993

Refining Foreseeability in Landowner Duty: Pacific Plaza Shopping Center Decision Introduction The case of Ann M. v. Pacific Plaza Shopping Center et al., decided by the Supreme Court of California...

Refining Hearsay Exceptions and Compulsory Process Rights: Comprehensive Commentary on The People v. Armenia Levi Cudjo

Date: Dec 14, 1993

Refining Hearsay Exceptions and Compulsory Process Rights: Comprehensive Commentary on The People v. Armenia Levi Cudjo Introduction In the landmark case of The People v. Armenia Levi Cudjo (Docket...

Nonprescription Drug Manufacturers Not Liable for Foreign-Language Warnings: Analysis of Ramirez v. Plough, Inc.

Date: Dec 10, 1993

Nonprescription Drug Manufacturers Not Liable for Foreign-Language Warnings: Analysis of Ramirez v. Plough, Inc. Introduction In the landmark case of Ramirez v. Plough, Inc., the Supreme Court of...

Inference of Completed Prison Terms Through Abstract Judgments in Penal Code Section 667.5

Date: Dec 10, 1993

Inference of Completed Prison Terms Through Abstract Judgments in Penal Code Section 667.5 Introduction The People v. Willie Tenner, Jr. is a landmark decision by the Supreme Court of California that...

Clarifying the Eighth Amendment's Vagueness Standard in Death Penalty Sentencing: Supreme Court of California in PEOPLE v. BACIGALUPO

Date: Dec 8, 1993

Clarifying the Eighth Amendment's Vagueness Standard in Death Penalty Sentencing: Supreme Court of California in PEOPLE v. BACIGALUPO Introduction People v. Miguel Angel Bacigalupo is a landmark case...

The People v. Dennis Duane Webb: Upholding Conviction, Procedural Rigorousness, and Death Sentence

Date: Dec 8, 1993

The People v. Dennis Duane Webb: Upholding Conviction, Procedural Rigorousness, and Death Sentence Introduction The case of The People v. Dennis Duane Webb was adjudicated by the Supreme Court of...

Supreme Court of California Recognizes Appellate Reviewability of Interim Dependency Orders under WIC 366.26(k)

Date: Dec 7, 1993

Supreme Court of California Recognizes Appellate Reviewability of Interim Dependency Orders under WIC 366.26(k) Introduction In re MATTHEW C. is a pivotal case decided by the Supreme Court of...

Reining in Parental Status: Defining "Parent" in Juvenile Dependency Proceedings - In re Zacharia D.

Date: Dec 7, 1993

Reining in Parental Status: Defining "Parent" in Juvenile Dependency Proceedings - In re Zacharia D. Introduction In the pivotal case of In re Zacharia D., decided by the Supreme Court of California...

Waiver of Arbitration Rights Through Failure to Timely Demand Arbitration

Date: Dec 3, 1993

Waiver of Arbitration Rights Through Failure to Timely Demand Arbitration Introduction The case of Platt Pacific, Inc., et al. v. Bruce D. Andelson et al. (6 Cal.4th 307) adjudicated by the Supreme...

Affirmation of Statutory Mandates in Plea Agreements: People v. McClellan

Date: Dec 3, 1993

Affirmation of Statutory Mandates in Plea Agreements: People v. McClellan Introduction People v. McClellan is a landmark decision by the Supreme Court of California that addresses the complexities...

Appellate Review of Due Process Claims under Penal Code §170.3(d): Analysis of PEOPLE v. BROWN

Date: Dec 3, 1993

Appellate Review of Due Process Claims under Penal Code §170.3(d): Analysis of PEOPLE v. BROWN Introduction PEOPLE v. BROWN (1993) 6 Cal.4th 322 is a seminal decision by the Supreme Court of...

Erroneous Parole Advisement in Guilty Pleas: Establishing Precedent in In re Sandy Lee Moser

Date: Dec 3, 1993

Erroneous Parole Advisement in Guilty Pleas: Establishing Precedent in In re Sandy Lee Moser Introduction In re Sandy Lee Moser on Habeas Corpus is a landmark decision by the Supreme Court of...

Montrose Chemical Corporation v. Superior Court: Defining the Scope of Insurer's Duty to Defend

Date: Nov 23, 1993

Montrose Chemical Corporation v. Superior Court: Defining the Scope of Insurer's Duty to Defend Introduction The case of Montrose Chemical Corporation of California v. The Superior Court of Los...

Limitation on Direct Victim Claims for Emotional Distress in Pharmacy Negligence Cases

Date: Nov 19, 1993

Limitation on Direct Victim Claims for Emotional Distress in Pharmacy Negligence Cases Introduction The case of Barbie Huggins et al. v. Longs Drug Stores California, Inc. (6 Cal.4th 124, 1993)...

People v. Wash (6 Cal.4th 215): Upholding the Death Penalty Amidst Claims of Prosecutorial Misconduct

Date: Nov 19, 1993

People v. Wash (6 Cal.4th 215): Upholding the Death Penalty Amidst Claims of Prosecutorial Misconduct Introduction People v. Wash, 6 Cal.4th 215 (1993), adjudicated by the Supreme Court of...