California Case Commentaries

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

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...

Limitation of Challenges to Static Criteria in MDO Commitments: Lopez v. Superior Court of San Bernardino County

Date: Oct 19, 2010

Limitation of Challenges to Static Criteria in MDO Commitments: Lopez v. Superior Court of San Bernardino County Introduction Daniel Lopez v. The Superior Court of San Bernardino County, Respondent;...

California Supreme Court Establishes Standard for Arbitrator Disclosure of Public Censure

Date: Sep 2, 2010

California Supreme Court Establishes Standard for Arbitrator Disclosure of Public Censure Introduction In the landmark case of Randal D. Haworth et al. v. The Superior Court of Los Angeles County...

Collateral Estoppel Standards Reinforced in MURRAY v. ALASKA Airlines, Inc.

Date: Aug 24, 2010

Collateral Estoppel Standards Reinforced in MURRAY v. ALASKA Airlines, Inc. Introduction Case: Kevin Murray, Plaintiff and Appellant, v. Alaska Airlines, Inc., Defendant and Respondent. (50 Cal.4th...

Binding Arbitration of Wrongful Death Claims Under Section 1295: Ruiz v. Podolsky

Date: Aug 24, 2010

Binding Arbitration of Wrongful Death Claims Under Section 1295: Ruiz v. Podolsky Introduction The case of Ruiz v. Podolsky (50 Cal.4th 838, 2010) addresses the critical issue of whether arbitration...

Limiting Conduct Credit for Murder Convictions: THE PEOPLE v. JAMES EDWARD DUFF, JR.

Date: Aug 20, 2010

Limiting Conduct Credit for Murder Convictions: THE PEOPLE v. JAMES EDWARD DUFF, JR. Introduction The People v. James Edward Duff, Jr. (50 Cal.4th 787, 2010) is a landmark decision by the Supreme...