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  • Commentaries
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California Case Commentaries

Reversal of Death Penalty Due to Juror Misconduct: The People v. Hensley

Reversal of Death Penalty Due to Juror Misconduct: The People v. Hensley

Date: Aug 1, 2014
Reversal of Death Penalty Due to Juror Misconduct: The People v. Hensley Introduction The People v. Hensley is a pivotal judgment delivered by the Supreme Court of California on July 31, 2014. In...
FAAAA Preemption Does Not Bar UCL Claims for Employee Misclassification in Trucking Industry

FAAAA Preemption Does Not Bar UCL Claims for Employee Misclassification in Trucking Industry

Date: Jul 29, 2014
FAAAA Preemption Does Not Bar UCL Claims for Employee Misclassification in Trucking Industry Introduction In the landmark case The People ex rel. Kamala D. Harris, as Attorney General, etc.,...
Establishing Legitimacy of Multiple Grand Theft Convictions: People v. Whitmer

Establishing Legitimacy of Multiple Grand Theft Convictions: People v. Whitmer

Date: Jul 25, 2014
Establishing the Legitimacy of Multiple Grand Theft Convictions: People v. Whitmer Introduction People v. Jeffrey Allen Whitmer (59 Cal.4th 733) is a landmark decision by the Supreme Court of...
Comprehensive Analysis of People v. Ke: Special Circumstances, Admissibility of Evidence, and Sentencing Errors

Comprehensive Analysis of People v. Ke: Special Circumstances, Admissibility of Evidence, and Sentencing Errors

Date: Jul 25, 2014
Comprehensive Analysis of People v. Ke: Special Circumstances, Admissibility of Evidence, and Sentencing Errors Introduction People v. Ke (59 Cal.4th 672) is a significant judgment by the Supreme...
Reversal of Lying-in-Wait Special Circumstance and Striking Firearm Enhancements in People v. Hajek and Vo

Reversal of Lying-in-Wait Special Circumstance and Striking Firearm Enhancements in People v. Hajek and Vo

Date: Jul 24, 2014
Reversal of Lying-in-Wait Special Circumstance and Striking Firearm Enhancements in People v. Hajek and Vo Introduction In the landmark case of The People v. Stephen Edward Hajek and Loi Tan Vo (171...
Single Act, Multiple Convictions Do Not Constitute Multiple Strikes under California's Three Strikes Law

Single Act, Multiple Convictions Do Not Constitute Multiple Strikes under California's Three Strikes Law

Date: Jul 11, 2014
Single Act, Multiple Convictions Do Not Constitute Multiple Strikes under California's Three Strikes Law Introduction In People v. Vargas (59 Cal.4th 635, 2014), the Supreme Court of California...
Prejudicial Juror Misconduct and the Right to an Impartial Jury: People v. Weatherton

Prejudicial Juror Misconduct and the Right to an Impartial Jury: People v. Weatherton

Date: Jul 8, 2014
Prejudicial Juror Misconduct and the Right to an Impartial Jury: People v. Weatherton 1. Introduction People v. Fred Lewis Weatherton, 59 Cal.4th 589 (2014), is a landmark decision by the Supreme...
California Supreme Court Clarifies Recovery of Attorney Fees: Distinction Between Appellate and Enforcement Costs in Elder Financial Abuse Cases

California Supreme Court Clarifies Recovery of Attorney Fees: Distinction Between Appellate and Enforcement Costs in Elder Financial Abuse Cases

Date: Jul 8, 2014
California Supreme Court Clarifies Recovery of Attorney Fees: Distinction Between Appellate and Enforcement Costs in Elder Financial Abuse Cases Introduction In the case of Conservatorship of the...
Expansion of Architects’ Duty of Care to Homeowners in California

Expansion of Architects’ Duty of Care to Homeowners in California

Date: Jul 4, 2014
Expansion of Architects’ Duty of Care to Homeowners in California Introduction In the landmark case Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP et al. (59 Cal.4th 568,...
Clarifying Class Certification in Employee Classification: California's Ayala v. Antelope Valley Newspapers Decision

Clarifying Class Certification in Employee Classification: California's Ayala v. Antelope Valley Newspapers Decision

Date: Jul 1, 2014
Clarifying Class Certification in Employee Classification: California's Ayala v. Antelope Valley Newspapers Decision Introduction In the landmark case of Maria Ayala et al. v. Antelope Valley...
Enhancing the Integrity of Jury Selection: Insights from People v. Sattiewhite

Enhancing the Integrity of Jury Selection: Insights from People v. Sattiewhite

Date: Jul 1, 2014
Enhancing the Integrity of Jury Selection: Insights from People v. Sattiewhite Introduction People v. Christopher James Sattiewhite (59 Cal.4th 446, 2014) is a landmark decision by the Supreme Court...
Salas v. Sierra Chemical Co.: FEHA Claims and Federal Immigration Preemption

Salas v. Sierra Chemical Co.: FEHA Claims and Federal Immigration Preemption

Date: Jun 27, 2014
Salas v. Sierra Chemical Co.: FEHA Claims and Federal Immigration Preemption Introduction Salas v. Sierra Chemical Co. (59 Cal.4th 407, 2014) is a landmark decision by the Supreme Court of California...
FAA Preempts State Rules Against Arbitration Waivers for PAGA Actions: Iskanian v. CLS Transportation

FAA Preempts State Rules Against Arbitration Waivers for PAGA Actions: Iskanian v. CLS Transportation

Date: Jun 24, 2014
FAA Preempts State Rules Against Arbitration Waivers for PAGA Actions: Iskanian v. CLS Transportation Introduction In Arshavir Iskanian v. CLS Transportation Los Angeles, LLC (59 Cal.4th 348, 2014),...
Clarification of Duty to Defend for Disparagement Under Commercial Liability Insurance: Hartford Casualty v. Swift Distribution

Clarification of Duty to Defend for Disparagement Under Commercial Liability Insurance: Hartford Casualty v. Swift Distribution

Date: Jun 13, 2014
Clarification of Duty to Defend for Disparagement Under Commercial Liability Insurance: Hartford Casualty v. Swift Distribution Introduction The case Hartford Casualty Insurance Company v. Swift...
Admissibility and Reliability of Automated Traffic Enforcement System Evidence in People v. Goldsmith

Admissibility and Reliability of Automated Traffic Enforcement System Evidence in People v. Goldsmith

Date: Jun 6, 2014
Admissibility and Reliability of Automated Traffic Enforcement System Evidence in People v. Goldsmith Introduction In the landmark case of The PEOPLE v. Carmen Goldsmith, the Supreme Court of...
Reaffirmation of Recusal Standards and Peremptory Challenge Procedures in Capital Cases

Reaffirmation of Recusal Standards and Peremptory Challenge Procedures in Capital Cases

Date: Jun 6, 2014
Reaffirmation of Recusal Standards and Peremptory Challenge Procedures in Capital Cases Introduction In the landmark case of The People v. Dung Dinh Anh Trinh (59 Cal.4th 216), the Supreme Court of...
Clarification on Arson-Murder Special Circumstances: People v. Debose

Clarification on Arson-Murder Special Circumstances: People v. Debose

Date: Jun 6, 2014
Clarification on Arson-Murder Special Circumstances: People v. Debose Introduction In the landmark case of The People v. Donald Ray Debose, reported as 59 Cal.4th 177, the Supreme Court of California...
Affirmation of Death Penalty with Informed Defendant Waiver: People v. Brown

Affirmation of Death Penalty with Informed Defendant Waiver: People v. Brown

Date: Jun 3, 2014
Affirmation of Death Penalty with Informed Defendant Waiver: People v. Brown Introduction In the landmark case of The PEOPLE, Plaintiff and Respondent, v. Steven Allen Brown (59 Cal.4th 86, 2014),...
Limitation on Aider and Abettor Liability for First-Degree Murder Established in People v. Bobby Chiu

Limitation on Aider and Abettor Liability for First-Degree Murder Established in People v. Bobby Chiu

Date: Jun 3, 2014
Limitation on Aider and Abettor Liability for First-Degree Murder Established in People v. Bobby Chiu Introduction People v. Bobby Chiu (59 Cal.4th 155, 2014) represents a pivotal decision by the...
California Supreme Court Rules 'Imperfect Self-Defense' Excludes Delusional Claims

California Supreme Court Rules 'Imperfect Self-Defense' Excludes Delusional Claims

Date: Jun 3, 2014
California Supreme Court Rules 'Imperfect Self-Defense' Excludes Delusional Claims Introduction In the landmark case of The People v. Charles Elmore, 59 Cal.4th 121 (2014), the Supreme Court of...
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