California Case Commentaries

Assault with a Deadly Weapon Not a Lesser Included Offense in Robbery with Firearm Use Enhancement

Date: Jul 8, 1983

Assault with a Deadly Weapon Not a Lesser Included Offense in Robbery with Firearm Use Enhancement Introduction In the landmark case of The People v. Charles Harry Wolcott (34 Cal.3d 92), the Supreme...

Foreseeability as a Triable Issue in Negligence: Bigbee v. Pacific Telephone (1983)

Date: Jun 24, 1983

Foreseeability as a Triable Issue in Negligence: Bigbee v. Pacific Telephone (1983) Introduction In the landmark case of Charles Bigbee v. Pacific Telephone and Telegraph Company et al., decided on...

No Affirmative Duty for Highway Patrol Officers: Della Williams v. The State of California

Date: Jun 14, 1983

No Affirmative Duty for Highway Patrol Officers: Della Williams v. The State of California Introduction Della Williams v. The State of California is a pivotal 1983 decision by the Supreme Court of...

Miller v. Bechtel: Statute of Limitations and Fiduciary Duty in Marital Settlement Fraud Claims

Date: May 20, 1983

Miller v. Bechtel: Statute of Limitations and Fiduciary Duty in Marital Settlement Fraud Claims Introduction Florrie H. Miller v. Bechtel Corporation et al. (33 Cal.3d 868, 1983) is a landmark case...

Broadening 'Foster Home' Definition and Upholding Parental Rights Termination under Civil Code Section 232: In re LAURA F. et al. v. DELLA H.

Date: May 20, 1983

Broadening 'Foster Home' Definition and Upholding Parental Rights Termination under Civil Code Section 232: In re LAURA F. et al. v. DELLA H. Introduction The landmark case of In re LAURA F. et al.,...

Age-Based Residency Restrictions in Condominiums: Legal Implications Post O'Connor v. Village Greenowners Association

Date: May 10, 1983

Age-Based Residency Restrictions in Condominiums: Legal Implications Post O'Connor v. Village Greenowners Association Introduction The landmark case of John P. O'Connor et al. v. Village Greenowners...

Affirming Waiver of Arbitration Rights through Deliberate Litigation Strategies: Christensen v. Deword Developments

Date: May 3, 1983

Affirming Waiver of Arbitration Rights through Deliberate Litigation Strategies: Christensen v. Deword Developments Introduction The case of Richard A. Christensen et al. v. Deword Developments et...

Apportionment of Unspecified Payments Under Civil Code §1479: Jessup Farms v. Baldwin

Date: Mar 29, 1983

Apportionment of Unspecified Payments Under Civil Code §1479: Jessup Farms v. Baldwin Introduction In the landmark case of Jessup Farms et al. v. Eileen Baldwin, the Supreme Court of California...

Clarification of Offense Classification and Commitment Procedures in Juvenile Court: In re Kenneth H. (1983)

Date: Mar 25, 1983

Clarification of Offense Classification and Commitment Procedures in Juvenile Court: In re Kenneth H. (1983) Introduction In re Kenneth H. is a pivotal case decided by the Supreme Court of California...

Restriction on Enhancement Based on Non-Matching Elements of Prior Federal Convictions Under Penal Code § 667.5 in People v. Crowson

Date: Mar 25, 1983

Restriction on Enhancement Based on Non-Matching Elements of Prior Federal Convictions Under Penal Code § 667.5 in People v. Crowson Introduction People v. Earl Bradley Crowson is a landmark decision...

Appeal Rights on Dismissal Due to Former Jeopardy After Mistrial: People v. Smith

Date: Mar 22, 1983

Appeal Rights on Dismissal Due to Former Jeopardy After Mistrial: People v. Smith Introduction People v. Gloria Elizabeth Smith (33 Cal.3d 596, 1983) is a landmark decision by the Supreme Court of...

Expansion of Trial Court Authority in Granting New Trials for Ineffective Assistance of Counsel

Date: Mar 18, 1983

Expansion of Trial Court Authority in Granting New Trials for Ineffective Assistance of Counsel Introduction People v. Fosselman (33 Cal.3d 572, 1983) is a pivotal decision by the Supreme Court of...

Continuing Fiduciary Duty Post-Partnership: Insights from Leff v. Gunter

Date: Mar 1, 1983

Continuing Fiduciary Duty Post-Partnership: Insights from Leff v. Gunter Introduction The case of Ted Leff v. William L. Gunter et al., adjudicated by the Supreme Court of California on February 28,...

Mandatory Presumption in Secondhand Dealer Receipts Struck Down as Unconstitutional in People v. Roder

Date: Feb 23, 1983

Mandatory Presumption in Secondhand Dealer Receipts Struck Down as Unconstitutional in People v. Roder Introduction People v. Robert Earl Roder, 33 Cal.3d 491 (1983), is a landmark decision by the...

Integration of Public Trust Doctrine and Appropriative Water Rights in California: National Audubon Society v. DWP

Date: Feb 18, 1983

Integration of Public Trust Doctrine and Appropriative Water Rights in California: National Audubon Society v. DWP Introduction The National Audubon Society et al. v. The Superior Court of Alpine...

Independent Judgment Standard Applied to DMV License Suspension

Date: Feb 8, 1983

Independent Judgment Standard Applied to DMV License Suspension Introduction The case of Sharon N. Berlinghieri v. Department of Motor Vehicles (33 Cal.3d 392, 1983) presents a pivotal moment in...

Establishing Causal Connection in Private Attorney General Fee Awards: Westside Community v. Obledo

Date: Feb 8, 1983

Establishing Causal Connection in Private Attorney General Fee Awards: Westside Community for Independent Living, Inc. v. Obledo Introduction The case of Westside Community for Independent Living,...

Mandate for Notice Regulations for Temporary Academic Employees: Tiernan v. Trustees of California State University

Date: Dec 28, 1982

Mandate for Notice Regulations for Temporary Academic Employees: Tiernan v. Trustees of California State University Introduction Terese Tiernan v. Trustees of the California State University and...

Ripeness and Judicial Review of Quasi-Legislative Guidelines: Jackson v. California Coastal Commission

Date: Dec 21, 1982

Ripeness and Judicial Review of Quasi-Legislative Guidelines: Jackson v. California Coastal Commission Introduction Jackson v. California Coastal Commission (33 Cal.3d 158, 1982) is a landmark case...

Limitations on Impeachment by Prior Felony Convictions: People v. Barrick

Date: Dec 11, 1982

Limitations on Impeachment by Prior Felony Convictions: People v. Barrick Introduction People v. Steven Mark Barrick (33 Cal.3d 115) is a seminal case adjudicated by the Supreme Court of California...

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