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  • Commentaries
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California Case Commentaries

Intentional Acts Exclusion Invalidated: CENTURY–NATIONAL INSURANCE CO. v. Garcia

Intentional Acts Exclusion Invalidated: CENTURY–NATIONAL INSURANCE CO. v. Garcia

Date: Feb 18, 2011
Intentional Acts Exclusion Invalidated: CENTURY–NATIONAL INSURANCE CO. v. Garcia Introduction In the landmark case of CENTURY–NATIONAL INSURANCE CO. v. Jesus Garcia et al., the Supreme Court of...
Supreme Court Upholds Death Sentence: Ensuring Fairness and Sufficiency in Capital Trials - PEOPLE v. HOWARD

Supreme Court Upholds Death Sentence: Ensuring Fairness and Sufficiency in Capital Trials - PEOPLE v. HOWARD

Date: Feb 17, 2011
Supreme Court Upholds Death Sentence: Ensuring Fairness and Sufficiency in Capital Trials - PEOPLE v. HOWARD Introduction People v. Demetrius Charles Howard, decided by the Supreme Court of...
California Supreme Court Establishes ZIP Code as Personal Identification Information under the Credit Card Act

California Supreme Court Establishes ZIP Code as Personal Identification Information under the Credit Card Act

Date: Feb 11, 2011
California Supreme Court Establishes ZIP Code as Personal Identification Information under the Credit Card Act Introduction In the landmark case of Jessica Pineda v. Williams-Sonoma Stores, Inc., the...
Affirmation of Death Penalty Conviction in People v. Thomas

Affirmation of Death Penalty Conviction in People v. Thomas

Date: Feb 4, 2011
Affirmation of Death Penalty Conviction in People v. Thomas (51 Cal.4th 449) Introduction People v. Alex Dale Thomas is a pivotal case adjudicated by the Supreme Court of California on February 3,...
Burden of Proof in Retrospective Competency Hearings Affirmed

Burden of Proof in Retrospective Competency Hearings Affirmed

Date: Feb 4, 2011
Burden of Proof in Retrospective Competency Hearings Affirmed Introduction In the landmark case The People v. James Ary, Jr., the Supreme Court of California addressed a pivotal issue regarding the...
Clarifying Miranda Custody Standards and Upholding Death Penalty in People v. Ronald Wayne Moore

Clarifying Miranda Custody Standards and Upholding Death Penalty in People v. Ronald Wayne Moore

Date: Feb 1, 2011
Clarifying Miranda Custody Standards and Upholding Death Penalty in People v. Ronald Wayne Moore Introduction In the landmark case of The People v. Ronald Wayne Moore (51 Cal.4th 386, 2011), the...
BENSON v. KWIKSET CORPoration: Redefining Standing Under California's Unfair Competition and False Advertising Laws

BENSON v. KWIKSET CORPoration: Redefining Standing Under California's Unfair Competition and False Advertising Laws

Date: Jan 28, 2011
BENSON v. KWIKSET CORPoration: Redefining Standing Under California's Unfair Competition and False Advertising Laws Introduction BENSON v. KWIKSET CORPoration is a landmark case adjudicated by the...
Non-Reviewability of PERB's Refusal and Scope of Bargaining in Firefighter Layoffs: Insights from International Association of Fire Fighters v. Perb

Non-Reviewability of PERB's Refusal and Scope of Bargaining in Firefighter Layoffs: Insights from International Association of Fire Fighters v. Perb

Date: Jan 25, 2011
Non-Reviewability of PERB's Refusal and Scope of Bargaining in Firefighter Layoffs: Insights from International Association of Fire Fighters, Local 188, AFL-CIO v. Public Employment Relations Board...
Consent Is Not a Defense in Aggravated Lewd Acts on Children Under 14: Insights from People v. Jaime Vargas Soto

Consent Is Not a Defense in Aggravated Lewd Acts on Children Under 14: Insights from People v. Jaime Vargas Soto

Date: Jan 21, 2011
Consent Is Not a Defense in Aggravated Lewd Acts on Children Under 14: Insights from People v. Jaime Vargas Soto Introduction The Supreme Court of California, in The People v. Jaime Vargas Soto (51...
Affirmation of Death Penalty and Juror Selection Protocols in People v. Richard Lonnie Booker

Affirmation of Death Penalty and Juror Selection Protocols in People v. Richard Lonnie Booker

Date: Jan 21, 2011
Affirmation of Death Penalty and Juror Selection Protocols in People v. Richard Lonnie Booker Introduction People v. Richard Lonnie Booker is a pivotal case decided by the Supreme Court of California...
Reaffirmation of Admissibility Standards for Aggravating Evidence in Capital Sentencing: People v. Bernard Albert Nelson

Reaffirmation of Admissibility Standards for Aggravating Evidence in Capital Sentencing: People v. Bernard Albert Nelson

Date: Jan 21, 2011
Reaffirmation of Admissibility Standards for Aggravating Evidence in Capital Sentencing: People v. Bernard Albert Nelson Introduction In the landmark case of The People v. Bernard Albert Nelson (51...
Defining 'Suit' in Comprehensive General Liability Policies: Insights from Ameron International Corporation v. Insurance Company of the State of Pennsylvania

Defining 'Suit' in Comprehensive General Liability Policies: Insights from Ameron International Corporation v. Insurance Company of the State of Pennsylvania

Date: Jan 20, 2011
Defining 'Suit' in Comprehensive General Liability Policies: Insights from Ameron International Corporation v. Insurance Company of the State of Pennsylvania Introduction The landmark decision in...
Search Incident to Arrest Extended to Cell Phone Text Messages in The People v. Gregory Diaz

Search Incident to Arrest Extended to Cell Phone Text Messages in The People v. Gregory Diaz

Date: Jan 4, 2011
Search Incident to Arrest Extended to Cell Phone Text Messages in The People v. Gregory Diaz Introduction The People v. Gregory Diaz is a landmark decision by the Supreme Court of California that...
Clarifying Gang Enhancement Under the STEP Act: Comprehensive Analysis of People v. Albillar et al.

Clarifying Gang Enhancement Under the STEP Act: Comprehensive Analysis of People v. Albillar et al.

Date: Dec 21, 2010
Clarifying Gang Enhancement Under the STEP Act: Comprehensive Analysis of People v. Albillar et al. Introduction People v. Albert Andrew Albillar et al. is a seminal case adjudicated by the Supreme...
Compliance Orders with Legislative Subpoenas are Final and Appealable: Dana Point Safe Harbor Collective v. Superior Court

Compliance Orders with Legislative Subpoenas are Final and Appealable: Dana Point Safe Harbor Collective v. Superior Court

Date: Dec 10, 2010
Compliance Orders with Legislative Subpoenas are Final and Appealable: Dana Point Safe Harbor Collective v. Superior Court Introduction The case of Dana Point Safe Harbor Collective v. Superior Court...
Unified Limitation Period for Labor Code Section 203 Penalties Affirmed; Exclusion from Unfair Competition Law Restitution Established

Unified Limitation Period for Labor Code Section 203 Penalties Affirmed; Exclusion from Unfair Competition Law Restitution Established

Date: Nov 19, 2010
Unified Limitation Period for Labor Code Section 203 Penalties Affirmed; Exclusion from Unfair Competition Law Restitution Established Introduction In Pineda v. Bank of America, N.A. (2010), the...
Admissibility of DNA Evidence and Prohibiting Prosecutorial Misconduct in Capital Cases

Admissibility of DNA Evidence and Prohibiting Prosecutorial Misconduct in Capital Cases

Date: Nov 19, 2010
Admissibility of DNA Evidence and Prohibiting Prosecutorial Misconduct in Capital Cases: A Comprehensive Commentary on People v. Richard Don Foster Introduction In the landmark case of The People,...
Reaffirming Jury Instruction Protocols in California Death Penalty Cases: In-Depth Analysis of People v. Oliver

Reaffirming Jury Instruction Protocols in California Death Penalty Cases: In-Depth Analysis of People v. Oliver

Date: Nov 16, 2010
Reaffirming Jury Instruction Protocols in California Death Penalty Cases: In-Depth Analysis of People v. Oliver Introduction The case of The People v. William H. Oliver, adjudicated by the Supreme...
Nonpecuniary Interests Do Not Disqualify Litigants from Attorney Fees Under CCP §1021.5

Nonpecuniary Interests Do Not Disqualify Litigants from Attorney Fees Under CCP §1021.5

Date: Nov 9, 2010
Nonpecuniary Interests Do Not Disqualify Litigants from Attorney Fees Under CCP §1021.5 Introduction The landmark case Conser v. North Bay Regional Center (50 Cal.4th 1206, 2010) addresses a pivotal...
Affirmation of First Degree Murder Conviction in People v. Robert Allen Bacon

Affirmation of First Degree Murder Conviction in People v. Robert Allen Bacon

Date: Oct 22, 2010
Affirmation of First Degree Murder Conviction in People v. Robert Allen Bacon Introduction People v. Robert Allen Bacon (50 Cal.4th 1082) is a significant judgment by the Supreme Court of California...
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