California Case Commentaries

California Labor Code's Overtime Provisions Apply to Nonresident Employees Working in California: Sullivan v. Oracle

Date: Jul 1, 2011

California Labor Code's Overtime Provisions Apply to Nonresident Employees Working in California: Sullivan v. Oracle Introduction The case of Donald Sullivan et al. v. Oracle Corporation et al. (51...

Refusal to Appoint Cocounsel in Self-Representation Cases: PEOPLE v. MOORE (2011) Commentary

Date: Jun 24, 2011

Refusal to Appoint Cocounsel in Self-Representation Cases: PEOPLE v. MOORE (2011) Commentary Introduction The People v. Charles Edward Moore (51 Cal.4th 1104) is a landmark decision by the Supreme...

California Supreme Court Upholds State Medical Privacy Remedies Against Preemption by FCRA in Brown v. Mortensen

Date: Jun 17, 2011

California Supreme Court Upholds State Medical Privacy Remedies Against Preemption by FCRA in Brown v. Mortensen 1. Introduction Brown v. Mortensen (51 Cal.4th 1052, 2011) is a landmark decision by...

Admissibility of Separate Offenses as Predicate in Criminal Street Gang Activity: Insights from People v. Tran

Date: Jun 14, 2011

Admissibility of Separate Offenses as Predicate in Criminal Street Gang Activity: Insights from People v. Tran Introduction The case of The People v. Quang Minh Tran (51 Cal.4th 1040, 253 P.3d 242)...

Clarifying Arson's Malice Requirement in Juvenile Law: In re V.V. and In re J.H.

Date: Jun 7, 2011

Clarifying Arson's Malice Requirement in Juvenile Law: In re V.V. and In re J.H. Introduction In the landmark case of In re V.V., a Person Coming Under the Juvenile Court Law; The People, Plaintiff...

Clarifying the Intent Element in Robbery: Insights from People v. Anderson

Date: Jun 3, 2011

Clarifying the Intent Element in Robbery: Insights from People v. Anderson Introduction Case: The People, Plaintiff and Respondent, v. Paul D. Anderson, Defendant and Appellant. Court: Supreme Court...

Pandering Statute Interpretation Expanded: People v. Zambia

Date: Jun 3, 2011

Pandering Statute Interpretation Expanded: People v. Zambia Introduction People v. Zambia (51 Cal.4th 965, 2011) is a landmark decision by the Supreme Court of California that clarifies the scope of...

California Supreme Court Upholds Fiduciary Duties Over Anti-SLAPP in Attorney-Client Dispute: Oasis West Realty v. Goldman

Date: May 17, 2011

California Supreme Court Upholds Fiduciary Duties Over Anti-SLAPP in Attorney-Client Dispute: Oasis West Realty v. Goldman Introduction The Supreme Court of California, in Oasis West Realty, LLC v....

Separate Statutes of Limitations for Distinct Smoking-Related Diseases: Pooshs v. Philip Morris USA, Inc.

Date: May 6, 2011

Separate Statutes of Limitations for Distinct Smoking-Related Diseases: Pooshs v. Philip Morris USA, Inc. Introduction Pooshs v. Philip Morris USA, Inc., et al. is a landmark case decided by the...

People v. Hernandez: Establishing the Need for Individualized Justification in Courtroom Security Practices

Date: Apr 21, 2011

People v. Hernandez: Establishing the Need for Individualized Justification in Courtroom Security Practices Introduction People v. Hernandez, 51 Cal.4th 733 (2011), is a landmark decision by the...

Affirmation of Capital Conviction in the Context of Attempted Forcible Rape: People v. Philian Eugene Lee

Date: Apr 14, 2011

Affirmation of Capital Conviction in the Context of Attempted Forcible Rape: People v. Philian Eugene Lee Introduction People v. Philian Eugene Lee, 51 Cal.4th 620 (2011), is a significant decision...

Clarifying the Death Knell Doctrine in California: In re BAYCOL CASES I and II

Date: Mar 1, 2011

Clarifying the Death Knell Doctrine in California: In re BAYCOL CASES I and II Introduction The landmark decision in In re BAYCOL CASES I and II by the Supreme Court of California addresses the...

Complete vs. Partial Stays Under CCP 583.340: California Supreme Court Clarifies Five-Year Trial Requirement

Date: Mar 1, 2011

Complete vs. Partial Stays Under CCP 583.340: California Supreme Court Clarifies Five-Year Trial Requirement Introduction In the landmark case of Dana Bruns v. E-Commerce Exchange, Inc., the Supreme...

Duty of Care in Freeway Parking: Insights from Cabral v. Ralphs Grocery Company

Date: Mar 1, 2011

Duty of Care in Freeway Parking: Insights from Cabral v. Ralphs Grocery Company Introduction The Supreme Court of California's decision in Maria Cabral v. Ralphs Grocery Company (51 Cal.4th 764,...

Emergency Aid Exception in Warrantless Home Entry: The People v. Troyer

Date: Feb 23, 2011

Emergency Aid Exception in Warrantless Home Entry: The People v. Troyer Introduction The case of The People v. Albert Troyer (51 Cal.4th 599) adjudicated by the Supreme Court of California in 2011,...

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

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

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

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

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...