California Case Commentaries

VASQUEZ v. STATE of California: Clarifying Attorney Fee Awards Under CCP §1021.5

Date: Dec 18, 2008

VASQUEZ v. STATE of California: Clarifying Attorney Fee Awards Under CCP §1021.5 1. Introduction In VASQUEZ v. STATE of California (45 Cal.4th 243), the Supreme Court of California revisited the...

Narrow Interpretation of Public Interest Exception in California Anti-SLAPP Statute

Date: Dec 16, 2008

Strict Application of Public Interest Exception under California's Anti-SLAPP Law Established in Club Members for an Honest Election v. Sierra Club Introduction Club Members for an Honest Election...

Requiring Particularized Suspicion for Traffic Stops Involving Temporary Operating Permits

Date: Dec 12, 2008

Requiring Particularized Suspicion for Traffic Stops Involving Temporary Operating Permits Introduction The People, Plaintiff and Respondent, v. George Lee Hernandez is a landmark decision by the...

CEQA Compliance and Conditional Development Agreements: SAVE TARA v. City of West Hollywood

Date: Dec 11, 2008

CEQA Compliance and Conditional Development Agreements: SAVE TARA v. City of West Hollywood Introduction The case of SAVE TARA, Plaintiff and Appellant, v. CITY OF WEST HOLLYWOOD, Defendant and...

Attenuation of Unlawful Traffic Stop Taint through Discovery of Outstanding Arrest Warrant: PEOPLE v. BRENDLIN

Date: Nov 25, 2008

Attenuation of Unlawful Traffic Stop Taint through Discovery of Outstanding Arrest Warrant: PEOPLE v. BRENDLIN Introduction People v. Bruce Edward Brendlin, 45 Cal.4th 262 (2008), is a seminal...

California Supreme Court Establishes Finality and Statute of Limitations Standards for Recognition of Foreign Judgments

Date: Nov 18, 2008

California Supreme Court Establishes Finality and Statute of Limitations Standards for Recognition of Foreign Judgments Introduction The case of MANCO CONTRACTING COMPANY (W.L.L.) v. KRIKORBEZDIKIAN...

Interpreting "False Compartment" Under Health and Safety Code §11366.8(d): Exclusion of Unmodified Original Factory Equipment

Date: Nov 7, 2008

Interpreting "False Compartment" Under Health and Safety Code §11366.8(d): Exclusion of Unmodified Original Factory Equipment Introduction In the landmark case of The People v. John R. Arias (45...

Conflict of Interest in Successive Legal Representations: Insights from In RE CHARLISSE C.

Date: Oct 31, 2008

Conflict of Interest in Successive Legal Representations: Insights from In RE CHARLISSE C. Introduction The case of In RE CHARLISSE C. addressed pivotal questions surrounding conflict of interest...

Voluntary Absence in Criminal Trials: Establishing Reasonable Timeframe for Defendant's Return - People v. Concepcion

Date: Oct 28, 2008

Voluntary Absence in Criminal Trials: Establishing Reasonable Timeframe for Defendant's Return Introduction In The People v. Ryan Esteban Concepcion (45 Cal.4th 77, 2008), the Supreme Court of...

Equitable Tolling in FEHA Claims: Insights from McDonald v. Antelope Valley Community College District

Date: Oct 28, 2008

Equitable Tolling in FEHA Claims: Insights from McDonald v. Antelope Valley Community College District Introduction In the landmark case of McDonald et al. v. Antelope Valley Community College...

Establishment of Hate Crime Special Circumstances and Intent through Prior Conduct: Analysis of People v. Gunner Jay Lindberg

Date: Aug 29, 2008

Establishment of Hate Crime Special Circumstances and Intent through Prior Conduct: Analysis of People v. Gunner Jay Lindberg Introduction In the landmark case of People v. Gunner Jay Lindberg (45...

Enhancing Sentencing in Sexual Offenses: Establishing Pregnancy as Great Bodily Injury

Date: Aug 29, 2008

Enhancing Sentencing in Sexual Offenses: Establishing Pregnancy as Great Bodily Injury Introduction The case of The People v. Gary W. Cross (45 Cal.4th 58, 2008) addresses a critical aspect of...

Reaffirmation of Capital Murder Conviction: Implications for Jury Selection and Special Circumstances

Date: Aug 26, 2008

Reaffirmation of Capital Murder Conviction: Implications for Jury Selection and Special Circumstances Introduction The People v. Paul Joe Carasi is a landmark appellate decision by the Supreme Court...

California Supreme Court Upholds Contractual Judicial Review of Arbitration Awards and Remands Classwide Arbitration Determination

Date: Aug 26, 2008

California Supreme Court Upholds Contractual Judicial Review of Arbitration Awards and Remands Classwide Arbitration Determination Introduction The case of Cable Connection, Inc. et al. v. DIRECTV,...

Shaputis v. State: Affirming the "Some Evidence" Standard in Parole Decisions

Date: Aug 22, 2008

Shaputis v. State: Affirming the "Some Evidence" Standard in Parole Decisions Introduction In the landmark case of In re Richard Shaputis on Habeas Corpus, 44 Cal.4th 1241 (2008), the Supreme Court...

Reinforcing Parole Suitability: In re Sandra Davis Lawrence Establishes 'Current Dangerousness' as Core Criterion

Date: Aug 22, 2008

Reinforcing Parole Suitability: In re Sandra Davis Lawrence Establishes 'Current Dangerousness' as Core Criterion Introduction In the landmark case of In re Sandra Davis Lawrence on Habeas Corpus (44...

Expanded Interpretation of "Present Ability" in Assault under Penal Code §240: People v. Kenneth Wayne Chance

Date: Aug 19, 2008

Expanded Interpretation of "Present Ability" in Assault under Penal Code §240: People v. Kenneth Wayne Chance Introduction The case of People v. Kenneth Wayne Chance (44 Cal.4th 1164, 2008)...

Affirmation of Death Sentence Under Multiple Felony-Murder Special Circumstances

Date: Aug 15, 2008

Affirmation of Death Sentence Under Multiple Felony-Murder Special Circumstances Introduction The People v. Keone Wallace (44 Cal.4th 1032, 2008) is a landmark decision by the Supreme Court of...

Vacating the Torture-Murder Special Circumstance in People v. John Mungia

Date: Aug 15, 2008

Vacating the Torture-Murder Special Circumstance in People v. John Mungia Introduction In the landmark case People v. John Mungia, adjudicated by the Supreme Court of California on August 14, 2008,...

Affirmation of Capital Conviction in People v. Hovarter: Admissibility of Jailhouse Testimony and Prior Crimes Evidence

Date: Aug 12, 2008

Affirmation of Capital Conviction in People v. Hovarter: Admissibility of Jailhouse Testimony and Prior Crimes Evidence Introduction The case of The People v. Jackie Ray Hovarter (44 Cal.4th 983)...