California Case Commentaries

Imperial Merchant Services, Inc. v. Brandy G. Hunt: Exclusive Remedies under Civil Code Sections 1719 and 3287

Date: Aug 11, 2009

Imperial Merchant Services, Inc. v. Brandy G. Hunt: Exclusive Remedies under Civil Code Sections 1719 and 3287 Introduction Imperial Merchant Services, Inc. v. Brandy G. Hunt is a landmark decision...

Insurer's Duty to Defend in Cases of Intentional Acts: Analysis of Delgado v. Interinsurance Exchange

Date: Aug 4, 2009

Insurer's Duty to Defend in Cases of Intentional Acts: Analysis of Delgado v. Interinsurance Exchange Introduction The case of Jonathan Delgado v. Interinsurance Exchange of the Automobile Club of...

California Supreme Court Limits Privacy Invasion Claims in Workplace Surveillance

Date: Aug 4, 2009

California Supreme Court Limits Privacy Invasion Claims in Workplace Surveillance Introduction The landmark case of Hernandez et al. v. Hillsides, Inc. et al. (47 Cal.4th 272) addressed critical...

Supreme Court of California Affirms Death Sentence, Reiterating Standards for Grand Jury Representation and Joint Trials in Capital Murder Cases

Date: Jul 31, 2009

Supreme Court of California Affirms Death Sentence, Reiterating Standards for Grand Jury Representation and Joint Trials in Capital Murder Cases Introduction In the case of The People v. Shaun Kareem...

Use of Stolen ATM Cards Outside a Building Does Not Constitute Entry for Burglary: Celeste Carrington Case

Date: Jul 28, 2009

Use of Stolen ATM Cards Outside a Building Does Not Constitute Entry for Burglary: Celeste Carrington Case Introduction In the landmark case The People v. Celeste Simone Carrington (47 Cal.4th 145),...

Double Jeopardy and Sentencing Enhancements: Insights from PEOPLE v. ANDERSON

Date: Jul 24, 2009

Double Jeopardy and Sentencing Enhancements: Insights from PEOPLE v. ANDERSON Introduction In the landmark case People v. Barry Lane Anderson, 47 Cal.4th 92 (2009), the Supreme Court of California...

California Supreme Court Upholds Retrial of Sentencing Enhancements in Anthony Porter Case

Date: Jul 24, 2009

California Supreme Court Upholds Retrial of Sentencing Enhancements in Anthony Porter v. Superior Court of Monterey County Introduction The case of Anthony Porter v. Superior Court of Monterey County...

Affirmation of Death Sentence and Standards for Prosecutorial Conduct in People v. Friend

Date: Jul 21, 2009

Affirmation of Death Sentence and Standards for Prosecutorial Conduct in People v. Friend Introduction People v. Jack Wayne Friend (47 Cal.4th 1) is a landmark decision by the Supreme Court of...

Affirmation of Evidence Admissibility and Sentencing Standards in Capital Murder: People v. Michael Bernard Lewis

Date: Jul 17, 2009

Affirmation of Evidence Admissibility and Sentencing Standards in Capital Murder: People v. Michael Bernard Lewis Introduction People v. Michael Bernard Lewis (46 Cal.4th 1255, 2009) is a landmark...

Admissibility of Partition Ratio Evidence in Generic DUI Cases: A New Precedent Established in People v. McNeal

Date: Jul 10, 2009

Admissibility of Partition Ratio Evidence in Generic DUI Cases: A New Precedent Established in People v. McNeal Introduction People v. Timmie Lance McNeal, 46 Cal.4th 1183 (2009), is a landmark...

Reaffirmation of Prior Conviction Validity in Death Penalty Cases: Insights from People v. Robert Zane Curl

Date: Jul 9, 2009

Reaffirmation of Prior Conviction Validity in Death Penalty Cases: Insights from People v. Robert Zane Curl Introduction People v. Robert Zane Curl is a significant judgment delivered by the Supreme...

Affirmation of Death Sentence with Modified Sentencing for Second-Degree Murder in Multiple Homicide Case

Date: Jul 7, 2009

Affirmation of Death Sentence with Modified Sentencing for Second-Degree Murder in Multiple Homicide Case Introduction In the landmark case of The People v. Ramon Jay Rogers (46 Cal.4th 1136), the...

Supreme Court of California Upholds 'Pervasive or Severe' Standard in Civil Code §51.9 Sexual Harassment Claims

Date: Jul 3, 2009

Supreme Court of California Upholds 'Pervasive or Severe' Standard in Civil Code §51.9 Sexual Harassment Claims Introduction In the landmark case of Suzan Hughes v. Christopher Pair, the Supreme...

Clarifying Felony-Murder Doctrine: Supreme Court of California Affirms Denial of Change of Venue in People v. Farley

Date: Jul 3, 2009

Clarifying Felony-Murder Doctrine: Supreme Court of California Affirms Denial of Change of Venue in People v. Farley Introduction In the landmark case of People v. Farley, the Supreme Court of...

Strict Standing Requirements under California’s Unfair Competition Law and LABOR CODE Private Attorneys General Act: Insights from Amalgamated Transit Union v. Superior Court

Date: Jun 30, 2009

Strict Standing Requirements under California’s Unfair Competition Law and Labor Code Private Attorneys General Act Introduction The case of Amalgamated Transit Union, Local 1756, AFL-CIO, et al. v....

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...