California Case Commentaries

Content-Based Criminalization of False Police-Misconduct Complaints Is Unconstitutional When It Incidentally Chills Truthful Complaints

Date: Jan 27, 2026

Content-Based Criminalization of False Police-Misconduct Complaints Is Unconstitutional When It Incidentally Chills Truthful Complaints Case: Los Angeles Police Protective League v. City of Los...

CPRA Declaratory Relief Survives Full Production Where an Ongoing Dispute Is Likely to Recur; CPRA Imposes No Implied Three-Year Preservation Duty After Exemptions Are Invoked

Date: Jan 17, 2026

CPRA Declaratory Relief Survives Full Production Where an Ongoing Dispute Is Likely to Recur; CPRA Imposes No Implied Three-Year Preservation Duty After Exemptions Are Invoked Key Holdings (City of...

People v. Kopp (Cal. 2025) Commentary

Date: Dec 31, 2025

Ability-to-Pay Review for Mandatory Court Operations & Facilities Assessments (Equal Protection), While Punitive Fines Are Initially Tested Under the Excessive Fines Clauses Case: People v. Kopp,...

People v. Kopp: Equal Protection Requires Ability-to-Pay Review (on Request) for Court Operations/Facilities Assessments; Punitive Fine Amount Challenges Proceed Under the Excessive Fines Clauses

Date: Dec 30, 2025

People v. Kopp: Equal Protection Requires Ability-to-Pay Review (on Request) for Court Operations/Facilities Assessments; Punitive Fine Amount Challenges Proceed Under the Excessive Fines Clauses I....

Pension Obligation Bonds and the “Obligation Imposed by Law” Exception: Commentary on City of San José v. Howard Jarvis Taxpayers Association

Date: Dec 20, 2025

Pension Obligation Bonds and the “Obligation Imposed by Law” Exception: Commentary on City of San José v. Howard Jarvis Taxpayers Association I. Introduction The California Supreme Court’s opinion in...

Single Criminal Act, Single Strike: Extending Vargas to Multi‑Victim Offenses in California’s Three Strikes Law (People v. Shaw)

Date: Dec 19, 2025

Single Criminal Act, Single Strike: Extending Vargas to Multi‑Victim Offenses under California’s Three Strikes Law Commentary on People v. Shaw, Supreme Court of California (Dec. 15, 2025)...

Morgan v. Ygrene Energy Fund, Inc.: PACE Assessments as “Taxes” and the Exclusivity of California’s Tax-Refund Procedures

Date: Dec 6, 2025

Morgan v. Ygrene Energy Fund, Inc.: PACE Assessments as “Taxes” and the Exclusivity of California’s Tax-Refund Procedures I. Introduction In Morgan v. Ygrene Energy Fund, Inc. (Cal. Supreme Ct. Dec....

In re S.R.: CACI-Reportable Findings Preserve Justiciability of Terminated Dependency Appeals

Date: Dec 2, 2025

In re S.R.: CACI‑Reportable Findings Preserve Justiciability of Terminated Dependency Appeals I. Introduction The California Supreme Court’s decision in In re S.R. (Dec. 1, 2025) addresses a...

Taxpayer Standing After the 2018 Amendment and Pronoun Protections in Long‑Term Care: Commentary on Taking Offense v. State of California

Date: Nov 30, 2025

Taxpayer Standing After the 2018 Amendment and Pronoun Protections in Long‑Term Care: A Commentary on Taking Offense v. State of California (Cal. Supreme Ct. 2025) I. Introduction This commentary...

Content-Based Limits on “Unprotected” Speech Face Heightened Scrutiny When They Chill Protected Complaints: California Supreme Court Invalidates Penal Code §148.6

Date: Nov 12, 2025

Content-Based Limits on “Unprotected” Speech Face Heightened Scrutiny When They Chill Protected Complaints: California Supreme Court Invalidates Penal Code §148.6 Introduction In Los Angeles Police...

Captive-Audience Care and the Limits of Taxpayer Suits: California Upholds Long‑Term Care Pronoun Protections and Clarifies § 526a Standing

Date: Nov 8, 2025

Captive-Audience Care and the Limits of Taxpayer Suits: California Upholds Long‑Term Care Pronoun Protections and Clarifies § 526a Standing Introduction This commentary analyzes the California...

SB 483 Resentencing Must Apply Prop 36’s Public-Safety Override for Nonserious, Nonviolent Third Strikes: People v. Superior Court (Guevara)

Date: Oct 10, 2025

SB 483 Resentencing Must Apply Prop 36’s Public-Safety Override for Nonserious, Nonviolent Third Strikes Commentary on People v. Superior Court (Guevara), California Supreme Court (Oct. 9, 2025)...

People v. Cardenas: “Active Participant” in §190.2(a)(22) Carries Its Plain Meaning; Sanchez and AB 333 Require Reversal of Gang Findings and Death Judgment; Limited McCoy Remand Permitted

Date: Sep 5, 2025

People v. Cardenas: “Active Participant” in §190.2(a)(22) Carries Its Plain Meaning; Sanchez and AB 333 Require Reversal of Gang Findings and Death Judgment; Limited McCoy Remand Permitted...

From Greyhound to Yamaha: California Supreme Court Ends “Uniquely Deferential” Review of CPUC Statutory Interpretations Under Public Utilities Code §§ 1757 and 1757.1

Date: Sep 5, 2025

From Greyhound to Yamaha: California Supreme Court Ends “Uniquely Deferential” Review of CPUC Statutory Interpretations Under Public Utilities Code §§ 1757 and 1757.1 Introduction In Center for...

When Intangible Contracts Yield Property-Use Income: California Supreme Court Holds Occupancy-Tax Rebates and Hotel “Key Money” Are Taxable in Income-Valuing Hotels; Management Fees Don’t Automatically Remove Enterprise Intangibles

Date: Aug 29, 2025

When Contractual Intangibles Generate Property-Use Income: Occupancy-Tax Rebates and Hotel “Key Money” May Be Included in Ad Valorem Valuation; Enterprise Intangibles Still Must Be Backed Out...

Aguirre: AB 333’s “More-Than-Reputational” Predicate Requirement Applies Retroactively; Evidence Code § 352.2 Is Not Retroactive; Death Judgment Reversed

Date: Aug 29, 2025

Aguirre: AB 333’s “More-Than-Reputational” Predicate Requirement Applies Retroactively; Evidence Code § 352.2 Is Not Retroactive; Death Judgment Reversed Court: Supreme Court of California Date:...

Current-Law Test for Gang-Based Strikes: People v. Fletcher Requires AB 333 Compliance for § 1192.7(c)(28) Prior Serious Felony Findings

Date: Aug 26, 2025

Current-Law Test for Gang-Based Strikes: People v. Fletcher Requires AB 333 Compliance for § 1192.7(c)(28) Prior Serious Felony Findings Introduction In People v. Fletcher (Cal. Aug. 25, 2025), the...

Iloff v. LaPaille: Employers Must Make a Reasonable Legal Inquiry to Invoke the §1194.2 Good‑Faith Defense; Paid Sick Leave Claims Are Cognizable in Berman Appeals

Date: Aug 22, 2025

Iloff v. LaPaille: Employers Must Make a Reasonable Legal Inquiry to Invoke the §1194.2 Good‑Faith Defense; Paid Sick Leave Claims Are Cognizable in Berman Appeals Introduction In Iloff v. LaPaille,...

No Parole Revocation Fine When Sentence Is Death Plus Only Indeterminate Terms: People v. Alvarez (Cal. 2025)

Date: Aug 19, 2025

No Parole Revocation Fine When Sentence Is Death Plus Only Indeterminate Terms People v. Alvarez, Supreme Court of California (Aug. 18, 2025) Introduction People v. Alvarez is a capital case arising...

Cannon’s Rule: Rational Basis Governs Equal Protection Challenges to SVPA Jury Waiver Procedures; the Jury Decision Rests with the Defendant

Date: Aug 19, 2025

Cannon’s Rule: Rational Basis Governs Equal Protection Challenges to SVPA Jury Waiver Procedures; the Jury Decision Rests with the Defendant Introduction In People v. Cannon (Cal. Aug. 18, 2025), the...