California Case Commentaries

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

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

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

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

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

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

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

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...

Ensuring Due Process in Class Actions: California Supreme Court Sets New Standards for Statistical Sampling in Employee Misclassification Cases

Date: May 30, 2014

Ensuring Due Process in Class Actions: California Supreme Court Sets New Standards for Statistical Sampling in Employee Misclassification Cases Introduction In the landmark case of Samuel Duran et...

Montes v. The People: Upholding Death Penalty Amid Discriminatory Prosecution Claims

Date: May 22, 2014

Montes v. The People: Upholding Death Penalty Amid Discriminatory Prosecution Claims Introduction Montes v. The People is a significant judgment by the Supreme Court of California adjudicating the...

Supreme Court Ruling: Realignment Act Not Applicable to Pre-October 2011 Suspended Sentences

Date: May 20, 2014

Supreme Court Ruling: Realignment Act Not Applicable to Pre-October 2011 Suspended Sentences Introduction In People v. James Russell Scott (58 Cal.4th 1415, 2014), the Supreme Court of California...

Strict Transmutation Requirements Affirmed for Community Property Life Insurance Policies

Date: May 16, 2014

Strict Transmutation Requirements Affirmed for Community Property Life Insurance Policies Introduction In re the Marriage of Frankie and Randy Valli (58 Cal.4th 1396) is a landmark decision by the...

Admissibility of Evidence, Batson Challenges, and Sentencing Enhancements in People v. Chism: A Comprehensive Analysis

Date: May 6, 2014

Admissibility of Evidence, Batson Challenges, and Sentencing Enhancements in People v. Chism: A Comprehensive Analysis Introduction People v. Calvin Dion Chism is a landmark decision by the Supreme...

California Supreme Court Abrogates Presumption of Life Without Parole for Juvenile Murderers, Emphasizing Judicial Discretion in Light of Miller v. Alabama

Date: May 6, 2014

California Supreme Court Abrogates Presumption of Life Without Parole for Juvenile Murderers, Emphasizing Judicial Discretion in Light of Miller v. Alabama Introduction In the landmark decision of...

Exclusivity of Tax Code Remedies in Sales Tax Reimbursement Disputes: Lopezler v. Target Corporation

Date: May 2, 2014

Exclusivity of Tax Code Remedies in Sales Tax Reimbursement Disputes: Lopezler v. Target Corporation Introduction In the Supreme Court of California case Kimberly Loeffler et al. v. Target...

Conflict of Interest and Fair Trial Standards in The People v. William Lester Suff

Date: Apr 29, 2014

Conflict of Interest and Fair Trial Standards in The People v. William Lester Suff Introduction The People v. William Lester Suff is a landmark judgment rendered by the Supreme Court of California on...

People v. Dewey Joe Duff: Affirmation of Death Verdict and Clarifications on Juror Exclusion and Evidence Admissibility

Date: Apr 17, 2014

People v. Dewey Joe Duff: Affirmation of Death Verdict and Clarifications on Juror Exclusion and Evidence Admissibility Introduction People v. Dewey Joe Duff (317 P.3d 1148) is a significant decision...

Victor D. Arriaga v. The People: No Certificate of Probable Cause Required and Preponderance of Evidence Standard under Penal Code §1016.5

Date: Apr 8, 2014

No Certificate of Probable Cause Required and Preponderance of Evidence Standard under Penal Code §1016.5 Introduction The case of The People v. Victor D. Arriaga, 58 Cal.4th 950 (2014), adjudicated...

Establishing the Standard for Reversible Error in Jury Selection: People v. Black

Date: Mar 28, 2014

Establishing the Standard for Reversible Error in Jury Selection: People v. Black Introduction People v. Charles Alex Black (58 Cal.4th 912, 2014) represents a pivotal decision by the Supreme Court...

Battery Not Recognized as a Lesser Included Offense of Lewd Conduct with a Minor: An Analysis of People v. Shockley

Date: Feb 27, 2014

Battery Not Recognized as a Lesser Included Offense of Lewd Conduct with a Minor: An Analysis of People v. Shockley Introduction In the landmark case of The PEOPLE, Plaintiff and Respondent, v....