California Case Commentaries

California Supreme Court Clarifies Class Action Requirements for Unfair Competition Law and PAGA Representative Actions

Date: Jun 30, 2009

California Supreme Court Clarifies Class Action Requirements for Unfair Competition Law and PAGA Representative Actions Introduction In the landmark case Jose A. Arias v. The Superior Court of San...

Clarifying Conduct Credit Eligibility under Penal Code Section 4019: The People v. Dieck Decision

Date: Jun 26, 2009

Clarifying Conduct Credit Eligibility under Penal Code Section 4019: The People v. Dieck Decision Introduction The People v. Roland William Dieck (46 Cal.4th 934), adjudicated by the Supreme Court of...

Implied Mandatory Duties of Public Entities under Government Code § 815.6: Guzman v. County of Monterey

Date: Jun 23, 2009

Implied Mandatory Duties of Public Entities under Government Code § 815.6: Guzman v. County of Monterey Introduction In Javier R. Guzman et al., Plaintiffs and Appellants, v. County of Monterey et...

Reaffirming Aider and Abettor Liability in Gang-Related Homicides: Analysis of The People v. Medina et al.

Date: Jun 23, 2009

Reaffirming Aider and Abettor Liability in Gang-Related Homicides: Analysis of The People v. Medina et al. Introduction The People v. Jose Jesus Medina et al. (46 Cal.4th 913) is a landmark decision...

Affirmation of Death Sentence in Felony Murder Case: Upholding Miranda Waiver and Admissibility of Victim-Impact Evidence

Date: Jun 16, 2009

Affirmation of Death Sentence in Felony Murder Case: Upholding Miranda Waiver and Admissibility of Victim-Impact Evidence Introduction This commentary provides an in-depth analysis of the Supreme...

Unruh Civil Rights Act Expanded: Damages for ADA Violations Without Proving Intentional Discrimination

Date: Jun 12, 2009

Unruh Civil Rights Act Expanded: Damages for ADA Violations Without Proving Intentional Discrimination Introduction Munson v. Del Taco, Inc. (46 Cal.4th 661, 2009) is a landmark decision by the...

Affirmation of Conviction and Death Sentence in PEOPLE v. DAVIS: Implications for Capital Punishment and Pretrial Procedures in High-Profile Cases

Date: Jun 2, 2009

Affirmation of Conviction and Death Sentence in PEOPLE v. DAVIS: Implications for Capital Punishment and Pretrial Procedures in High-Profile Cases Introduction PEOPLE v. DAVIS, decided by the Supreme...

Appealability of Section 366.26(c)(3) Orders: A New California Supreme Court Precedent

Date: May 29, 2009

Appealability of Section 366.26(c)(3) Orders: A New California Supreme Court Precedent Introduction The case of In re S.B. et al., Persons Coming Under the Juvenile Court Law (2009) 46 Cal.4th 529...

Collateral Estoppel in Civil Rights Litigation: Insights from Hernandez v. City of Pomona

Date: May 29, 2009

Collateral Estoppel in Civil Rights Litigation: Insights from Hernandez v. City of Pomona Introduction The case of Bonnie Hernandez, as Administrator, etc., et al., Plaintiffs and Appellants versus...

Impact of Proposition 64 on Standing Requirements in UCL Class Actions: In re Tobacco II Cases

Date: May 19, 2009

Impact of Proposition 64 on Standing Requirements in UCL Class Actions: In re Tobacco II Cases Introduction The Supreme Court of California's decision in In re Tobacco II Cases (46 Cal.4th 298, 2009)...

Silence at Jury Polling Does Not Constitute Disagreement under CCP §618: Keener v. Jeld-Wen, Inc.

Date: May 8, 2009

Silence at Jury Polling Does Not Constitute Disagreement under CCP §618: Keener v. Jeld-Wen, Inc. Introduction Keener et al. v. Jeld-Wen, Inc. is a landmark decision by the Supreme Court of...

Totality of Circumstances and Discretion in Midtrial Revocation of Self-Representation: People v. Lawrence

Date: May 1, 2009

Totality of Circumstances and Discretion in Midtrial Revocation of Self-Representation: People v. Lawrence Introduction People v. Ringo Lawrence (46 Cal.4th 186) is a landmark decision by the Supreme...

Conditional Reversal Standard Established for Erroneous Denial of Pitchess Discovery: People v. Gaines

Date: May 1, 2009

Conditional Reversal Standard Established for Erroneous Denial of Pitchess Discovery: People v. Gaines Introduction In the landmark case of The People v. Rodney Louis Gaines (46 Cal.4th 172), the...

Mandatory Compliance with Penal Code Section 1385: Ensuring Judicial Accountability

Date: Apr 28, 2009

Mandatory Compliance with Penal Code Section 1385: Ensuring Judicial Accountability Introduction In the landmark case of The PEOPLE v. THOMAS Bonnetta et al. (46 Cal.4th 143), the Supreme Court of...

Generalized Intent to Kill Sufficient for Attempted Murder Conviction: Insights from People v. Stone (2009)

Date: Apr 24, 2009

Generalized Intent to Kill Sufficient for Attempted Murder Conviction: Insights from People v. Stone (2009) Introduction People v. Nicholas Scott Stone is a landmark decision by the Supreme Court of...

Expansion of the Prison-Delivery Rule to Civil Appeals in California

Date: Apr 24, 2009

Expansion of the Prison-Delivery Rule to Civil Appeals in California Introduction In the landmark case of Peter Silverbrand v. County of Los Angeles et al. (46 Cal.4th 106, 2009), the Supreme Court...

Affirmation of Capital Conviction: Upholding Judicial Standards in The People v. Hawthorne

Date: Apr 24, 2009

Affirmation of Capital Conviction: Upholding Judicial Standards in The People v. Hawthorne Introduction The People v. Carlos Anthony Hawthorne (46 Cal.4th 67, 2009) is a landmark decision by the...

Life Insurance Exclusion from the Consumers Legal Remedies Act: Fairbanks v. Superior Court

Date: Apr 21, 2009

Life Insurance Exclusion from the Consumers Legal Remedies Act: Fairbanks v. Superior Court Introduction In the landmark case Pauline Fairbanks et al. v. The Superior Court of Los Angeles County (46...

Reaffirming the Stanson Standard: Anti-SLAPP Protections for Municipal Communications in Morfin Vargas v. City of Salinas

Date: Apr 21, 2009

Reaffirming the Stanson Standard: Anti-SLAPP Protections for Municipal Communications in Morfin Vargas v. City of Salinas Introduction The Supreme Court of California's decision in Angelina Morfin...

Expanding Evidence Under Section 1108: People v. Gary Dean Story and the Felony Murder Rule

Date: Apr 10, 2009

Expanding Evidence Under Section 1108: People v. Gary Dean Story and the Felony Murder Rule Introduction People v. Gary Dean Story (45 Cal.4th 1282, 2009) is a landmark decision by the Supreme Court...

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