California Case Commentaries

Limitation of Joint and Several Liability for Non-Economic Damages under Proposition 51: DaFonte v. Up-Right

Date: May 5, 1992

Limitation of Joint and Several Liability for Non-Economic Damages under Proposition 51: DaFonte v. Up-Right Introduction The case Mark DaFonte, a Minor, etc., Plaintiff and Appellant, v. Up-Right,...

Police Recruits Excluded from Procedural Protections Under the Public Safety Officers Procedural Bill of Rights Act: Burden v. Snowden (1992)

Date: May 1, 1992

Police Recruits Excluded from Procedural Protections Under the Public Safety Officers Procedural Bill of Rights Act: Burden v. Snowden (1992) Introduction In the landmark case of Burden v. Snowden...

PEOPLE v. THOMAS: Sufficiency of Circumstantial Evidence for Capital Murder Conviction

Date: Apr 24, 1992

PEOPLE v. THOMAS: Sufficiency of Circumstantial Evidence for Capital Murder Conviction Introduction In the landmark case of People v. Ralph International Thomas, decided by the Supreme Court of...

Supreme Court of California Establishes Application of Primary Jurisdiction Doctrine in Unfair Practices Act Actions

Date: Apr 7, 1992

Supreme Court of California Establishes Application of Primary Jurisdiction Doctrine in Unfair Practices Act Actions Introduction In the landmark case of Farmers Insurance Exchange et al. v. The...

Reinforcing Statutory Time Bars on Misdemeanor Convictions in Capital Cases: Comprehensive Analysis of People v. Bryan Joseph Mincey

Date: Apr 7, 1992

Reinforcing Statutory Time Bars on Misdemeanor Convictions in Capital Cases: Comprehensive Analysis of People v. Bryan Joseph Mincey Introduction People v. Bryan Joseph Mincey (2 Cal.4th 408, 1992)...

Enforcement of Termination and Recapture Clauses in Commercial Leases Confirmed under California Civil Code §1995.010

Date: Mar 31, 1992

Enforcement of Termination and Recapture Clauses in Commercial Leases Confirmed under California Civil Code §1995.010 Introduction The case of Carma Developers (California), Inc. v. Marathon...

Clarifying Proximate Cause and Foreseeability in Homicide Cases: People v. Roberts

Date: Mar 24, 1992

Clarifying Proximate Cause and Foreseeability in Homicide Cases: People v. Roberts Introduction In the landmark case The People v. Larry H. Roberts (2 Cal.4th 271, 1992), the Supreme Court of...

Comprehensive Analysis of Jury Selection and Procedural Standards in Capital Cases: The People v. Visciotti

Date: Mar 13, 1992

Comprehensive Analysis of Jury Selection and Procedural Standards in Capital Cases: The People v. Visciotti Introduction The People v. John Louis Visciotti is a landmark decision rendered by the...

Comprehensive Commentary on People v. Hardy and Reilly: Establishing Precedents in Conspiracy and Multiple-Murder Special Circumstances

Date: Mar 13, 1992

Comprehensive Commentary on People v. Hardy and Reilly: Establishing Precedents in Conspiracy and Multiple-Murder Special Circumstances Introduction In the landmark case of People v. James Edward...

Affirmation of Tameny Exception: Wrongful Discharge for Retaliation in Sexual Harassment Context

Date: Feb 28, 1992

Affirmation of Tameny Exception: Wrongful Discharge for Retaliation in Sexual Harassment Context Introduction In the landmark case of Vincent A. Gantt v. Sentry Insurance et al., decided by the...

Ensuring Fair Trial Practices: An Analysis of PEOPLE v. HOWARD

Date: Feb 28, 1992

Ensuring Fair Trial Practices: An Analysis of PEOPLE v. HOWARD Introduction People v. Albert Cecil Howard, 1 Cal.4th 1132 (1992), adjudicated by the Supreme Court of California, presents a pivotal...

Admissibility of Redacted Codefendant Statements Under Bruton in People v. Mitcham

Date: Feb 25, 1992

Admissibility of Redacted Codefendant Statements Under Bruton in People v. Mitcham Introduction People v. Stephan Louis Mitcham was a landmark case decided by the Supreme Court of California on...

Enforcing Statutory Prevailing Wage Obligations on Public Works: A Comprehensive Analysis of Lusardi Construction Co. v. Aubry

Date: Feb 25, 1992

Enforcing Statutory Prevailing Wage Obligations on Public Works: A Comprehensive Analysis of Lusardi Construction Co. v. Aubry Introduction The landmark case of Lusardi Construction Company v. Aubry...

Setback of Multiple-Murder Special Circumstances in People v. Pinholster

Date: Feb 21, 1992

Setback of Multiple-Murder Special Circumstances in People v. Pinholster Introduction People v. Scott Lynn Pinholster is a pivotal case decided by the Supreme Court of California on February 20,...

Recognition of Unwed Biological Fathers' Constitutional Rights in Adoption Proceedings

Date: Feb 21, 1992

Recognition of Unwed Biological Fathers' Constitutional Rights in Adoption Proceedings 1. Introduction The case of Adoption of KELSEY S., a Minor.STEVEN A. et al., Plaintiffs and Respondents, v....

Effective Assistance of Counsel in Penalty Phase: Insights from In re Gonzalo Marquez Marquez

Date: Jan 24, 1992

Effective Assistance of Counsel in Penalty Phase: Insights from In re Gonzalo Marquez Marquez Introduction The case of In re Gonzalo Marquez Marquez presents a pivotal examination of the right to...

People v. Gonzalo Marquez Marquez: A Landmark Decision on Arrest Procedures and Defendant Rights

Date: Jan 24, 1992

People v. Gonzalo Marquez Marquez: A Landmark Decision on Arrest Procedures and Defendant Rights Introduction In the landmark case of People v. Gonzalo Marquez Marquez (1 Cal.4th 553, 1992), the...

Revisiting Felony-Murder Rule: Insights from The People v. Horace Edwards Kelly

Date: Jan 17, 1992

Revisiting Felony-Murder Rule: Insights from The People v. Horace Edwards Kelly Introduction The People v. Horace Edwards Kelly is a landmark 1992 decision by the Supreme Court of California that...

Affirmation of Trial Court Discretion in Jury Selection and Miranda Waiver in People v. Breaux

Date: Dec 31, 1991

Affirmation of Trial Court Discretion in Jury Selection and Miranda Waiver in People v. Breaux Introduction People v. David Anthony Breaux (1 Cal.4th 281), adjudicated by the Supreme Court of...

Affirmation of Capital Murder Conviction: Territorial Jurisdiction and Organized Gang Conspiracy under Sections 781 and 790

Date: Dec 31, 1991

Affirmation of Capital Murder Conviction: Territorial Jurisdiction and Organized Gang Conspiracy under Sections 781 and 790 Introduction In the case of The People v. Curtis Floyd Price (1 Cal.4th...