Holland v. Silverscreen Healthcare, Inc.: MICRA § 1295 Arbitration Does Not Reach Wrongful Death Claims Predicated on Custodial Neglect at Skilled Nursing Facilities Introduction In Holland v....
Deterring Strategic Nonpayment Without Automatic Forfeiture: California Supreme Court Upholds CCP § 1281.98 Against FAA Preemption by Incorporating Relief-from-Forfeiture Doctrines Introduction In...
Abrogating Greyhound Deference: California Supreme Court Aligns CPUC Review with Yamaha and Code of Civil Procedure § 1094.5 Case: Center for Biological Diversity, Inc. v. Public Utilities...
No Warrant-Based Carveout: California Supreme Court Holds ICWA Extended-Family Initial Inquiry Duty Applies in All Temporary Custody Cases, and AB 81 Is a Clarifying Amendment (In re Ja.O.)...
Remand, Not Reinstatement: California Supreme Court Clarifies Appellate Remedies for Erroneous Romero Dismissals Commentary on People v. Dain, Supreme Court of California (Aug. 4, 2025) Introduction...
When MICRA Stops at the Curb: California Supreme Court Limits §340.5 to Professional Duties Owed in Rendering Medical Care Commentary on Gutierrez v. Tostado, Supreme Court of California (July 31,...
Retroactive Two‑Year Probation Cap Reaches Nonfinal Revocation Cases and Unwinds Executed Sentences: Commentary on People v. Faial (Cal. 2025) Introduction In People v. Faial, the California Supreme...
People v. Dunn (Cal. 2025): Rejecting Localized Juror Exclusion, Clarifying Miranda’s “Interrogation” in Medical Settings, and Endorsing Victim‑Impact Audio at Capital Sentencing Introduction In...
Forum-Selection Clauses Are Not Void Simply Because the Chosen Forum Lacks Civil Jury Trials: EpicentRx, Inc. v. Superior Court (Cal. 2025) Introduction In EpicentRx, Inc. v. Superior Court, the...
People v. Choyce: Harmless Use of Disapproved “Assume the Penalty Will Be Carried Out” LWOP Instruction; Reaffirmed Limits on Heat‑of‑Passion and Live‑Victim Rape Rules Introduction In People v....
People v. Oyler: Clarifying Witherspoon–Witt Voir Dire After Leon and Applying Chapman Harmless Error to SB 1437 Instructional Omissions Introduction People v. Oyler is a capital case arising from a...
In re Bradshaw: Undisclosed Trustee Self-Dealing and “Common Dishonesty” Under § 6106 Require Disbarment Court: Supreme Court of California Date: July 3, 2025 Proceeding: Attorney discipline review...
Reassessing California’s “Prior Conviction” Sentencing Exception After Erlinger: Jury Findings Required for “Increasing Seriousness” and “Unsatisfactory Probation Performance” Under Penal Code §...
“Imposed” in Penal Code § 1172.75 Means “Imposed and Executed”: No Full Resentencing for Stayed § 667.5(b) Enhancements (People v. Rhodius) 1. Introduction People v. Rhodius (People v. Rhodius (2023)...
People v. Barrett (2025): No Per Se Implied Bias for CDCR Employees; Forfeiture of Jury-Bias Claims Without Exhausting Peremptories and Individual Challenges 1. Introduction In People v. Barrett...
People v. Jasso (2025): A Supreme Court of California Blueprint for Handling Recalcitrant Witnesses, Declarations Against Penal Interest, and Post-SB 1437 Felony-Murder Issues 1. Introduction On...
Felony–Murder Rule Refined: Reckless Indifference Requirement for Non-Killer Accomplices Introduction In People v. Emanuel (S280551), the Supreme Court of California re-examined the contours of the...
Clarifying Jury Qualification in Capital Cases: Witherspoon/Witt and People v. Oyler Introduction The case of People v. Oyler (S173784) arose from a series of wildland arson fires in the Banning Pass...
Invalidation of Public Entity Exculpatory Waivers for Statutory Road-Maintenance Duties Introduction In Whitehead v. City of Oakland (2025), the Supreme Court of California confronted the question...
Eligibility for Resentencing Under Section 1172.6 for Provocative Act Murder Convictions Pre-2009 Introduction People v. Antonelli, decided April 24, 2025 by the Supreme Court of California,...