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  • Commentaries
  • Judgments

California Case Commentaries

Preemption of Tenant Harassment Ordinance by Litigation Privilege: Action Apartment Association, Inc. v. City of Santa Monica

Preemption of Tenant Harassment Ordinance by Litigation Privilege: Action Apartment Association, Inc. v. City of Santa Monica

Date: Aug 3, 2007
Preemption of Tenant Harassment Ordinance by Litigation Privilege: Action Apartment Association, Inc. v. City of Santa Monica Introduction In the landmark case of Action Apartment Association, Inc....
Supreme Court of California Reinforces Limited Duty of Landlords in Gang-Related Incidents

Supreme Court of California Reinforces Limited Duty of Landlords in Gang-Related Incidents

Date: Jul 31, 2007
Supreme Court of California Reinforces Limited Duty of Landlords in Gang-Related Incidents Introduction In the landmark case of Ernest Castaneda v. George Olsher et al. (41 Cal.4th 1205, 2007), the...
Affirmation of Capital Conviction in People v. Enrique Zambrano: Reinforcing Jury Selection Standards and Capital Punishment Principles

Affirmation of Capital Conviction in People v. Enrique Zambrano: Reinforcing Jury Selection Standards and Capital Punishment Principles

Date: Jul 31, 2007
Affirmation of Capital Conviction in People v. Enrique Zambrano: Reinforcing Jury Selection Standards and Capital Punishment Principles Introduction People v. Enrique Zambrano, 41 Cal.4th 1082...
In re James Edward Hardy: Ineffective Assistance of Counsel and Conspiratorial Liability in Capital Sentencing

In re James Edward Hardy: Ineffective Assistance of Counsel and Conspiratorial Liability in Capital Sentencing

Date: Jul 27, 2007
In re James Edward Hardy: Ineffective Assistance of Counsel and Conspiratorial Liability in Capital Sentencing Introduction The case of In re James Edward Hardy on Habeas Corpus (63 Cal. Rptr. 3d...
People v. Barnwell: Clarification of the 'Demonstrable Reality' Standard for Juror Bias in Capital Sentencing

People v. Barnwell: Clarification of the 'Demonstrable Reality' Standard for Juror Bias in Capital Sentencing

Date: Jul 27, 2007
People v. Barnwell: Clarification of the 'Demonstrable Reality' Standard for Juror Bias in Capital Sentencing Introduction People v. Barnwell (41 Cal.4th 1038, 2007) is a landmark decision by the...
California Supreme Court Upholds State Wildlife Protections Against Federal Preemption in Viva! v. Adidas

California Supreme Court Upholds State Wildlife Protections Against Federal Preemption in Viva! v. Adidas

Date: Jul 24, 2007
California Supreme Court Upholds State Wildlife Protections Against Federal Preemption in Viva! International Voice for Animals v. Adidas Promotional Retail Operations, Inc. (41 Cal.4th 929)...
Affirmation of Death Sentence in People v. Hoyos: Upholding Special Circumstances and Prosecutorial Obligations

Affirmation of Death Sentence in People v. Hoyos: Upholding Special Circumstances and Prosecutorial Obligations

Date: Jul 24, 2007
Affirmation of Death Sentence in People v. Hoyos: Upholding Special Circumstances and Prosecutorial Obligations Introduction In the landmark case of The People v. Jaime Armando Hoyos, decided on July...
Sentencing Discretion and Sixth Amendment Jury Rights: Comprehensive Analysis of The PEOPLE v. BLACK

Sentencing Discretion and Sixth Amendment Jury Rights: Comprehensive Analysis of The PEOPLE v. BLACK

Date: Jul 20, 2007
Sentencing Discretion and Sixth Amendment Jury Rights: Comprehensive Analysis of The PEOPLE v. BLACK Introduction The People v. Kevin Michael Black (41 Cal.4th 799, 2007) is a landmark decision by...
Reaffirming Sixth Amendment Rights in Sentencing: Comprehensive Analysis of People v. Sandoval

Reaffirming Sixth Amendment Rights in Sentencing: Comprehensive Analysis of People v. Sandoval

Date: Jul 20, 2007
Reaffirming Sixth Amendment Rights in Sentencing: Comprehensive Analysis of People v. Sandoval Introduction In The People v. Sandoval (2007), the Supreme Court of California addressed a critical...
Mandamus Available to Enforce Statutory Tax Allocation Duties Despite Government Code §860.2 - City of Dinuba v. County of Tulare

Mandamus Available to Enforce Statutory Tax Allocation Duties Despite Government Code §860.2 - City of Dinuba v. County of Tulare

Date: Jul 20, 2007
Mandamus Available to Enforce Statutory Tax Allocation Duties Despite Government Code §860.2 - City of Dinuba v. County of Tulare Introduction The City of Dinuba and other plaintiffs appealed a...
Defining Favorable Termination in Malicious Prosecution: The Siebel v. Mittlesteadt Decision

Defining Favorable Termination in Malicious Prosecution: The Siebel v. Mittlesteadt Decision

Date: Jul 17, 2007
Defining 'Favorable Termination' in Malicious Prosecution: Insights from Siebel v. Mittlesteadt Introduction In the landmark case of Thomas M. Siebel, Plaintiff and Appellant, v. Carol L....
Unenforceability of Liability Releases for Gross Negligence in Recreational Activities

Unenforceability of Liability Releases for Gross Negligence in Recreational Activities

Date: Jul 17, 2007
Unenforceability of Liability Releases for Gross Negligence in Recreational Activities Introduction In the case of City of Santa Barbara et al. v. Superior Court of Santa Barbara County et al. (41...
California Supreme Court Upholds Independence of Penal Code §12022.53 Enhancements from §654's Multiple Punishment Prohibition in Palacios v. The People

California Supreme Court Upholds Independence of Penal Code §12022.53 Enhancements from §654's Multiple Punishment Prohibition in Palacios v. The People

Date: Jul 13, 2007
California Supreme Court Upholds Independence of Penal Code §12022.53 Enhancements from §654's Multiple Punishment Prohibition in Palacios v. The People Introduction Case: The People, Plaintiff and...
Bail Forfeiture Procedures Under Penal Code §1305(a): Insights from THE PEOPLE vs. ALLEGHENY CASUALTY COMPANY

Bail Forfeiture Procedures Under Penal Code §1305(a): Insights from THE PEOPLE vs. ALLEGHENY CASUALTY COMPANY

Date: Jul 10, 2007
Bail Forfeiture Procedures Under Penal Code §1305(a): Insights from THE PEOPLE vs. ALLEGHENY CASUALTY COMPANY Introduction The case of THE PEOPLE vs. ALLEGHENY CASUALTY COMPANY (41 Cal.4th 704)...
Attempted Kidnapping During Carjacking: California Supreme Court Establishes New Legal Precedent

Attempted Kidnapping During Carjacking: California Supreme Court Establishes New Legal Precedent

Date: Jul 10, 2007
Attempted Kidnapping During Carjacking: California Supreme Court Establishes New Legal Precedent Introduction In the landmark case The People v. Juan Manuel Medina (41 Cal.4th 685, 2007), the Supreme...
Enhancing Appellate Review Procedures: Insights from People v. Alice on Government Code §68081 and Penal Code §1238(a)(10)

Enhancing Appellate Review Procedures: Insights from People v. Alice on Government Code §68081 and Penal Code §1238(a)(10)

Date: Jul 6, 2007
Enhancing Appellate Review Procedures: Insights from People v. Alice on Government Code §68081 and Penal Code §1238(a)(10) Introduction People v. Jeffrey Scott Alice (41 Cal.4th 668) is a pivotal...
Reaffirming Judicial Standards: The People v. Geier and the Confrontation Clause in DNA Testimony

Reaffirming Judicial Standards: The People v. Geier and the Confrontation Clause in DNA Testimony

Date: Jul 3, 2007
Reaffirming Judicial Standards: The People v. Geier and the Confrontation Clause in DNA Testimony Introduction The People v. Christopher Adam Geier (41 Cal.4th 555) is a pivotal case adjudicated by...
Strict Compliance with Section 657 in Granting New Trials: Insights from The Oakland Raiders v. NFL

Strict Compliance with Section 657 in Granting New Trials: Insights from The Oakland Raiders v. NFL

Date: Jul 3, 2007
Strict Compliance with Section 657 in Granting New Trials: Insights from The Oakland Raiders v. NFL Introduction The Oakland Raiders v. National Football League, 41 Cal.4th 624 (2007), is a pivotal...
Correct Application of Penal Code 209(b) in Sentencing: Comprehensive Analysis of People v. Mark Scott Thornton

Correct Application of Penal Code 209(b) in Sentencing: Comprehensive Analysis of People v. Mark Scott Thornton

Date: Jun 29, 2007
Correct Application of Penal Code 209(b) in Sentencing Comprehensive Analysis of People v. Mark Scott Thornton. Introduction People v. Mark Scott Thornton, 41 Cal.4th 391 (2007), is a significant...
Judicial Discretion under California’s Three Strikes Law: Insights from In re Sam Henry Large

Judicial Discretion under California’s Three Strikes Law: Insights from In re Sam Henry Large

Date: Jun 29, 2007
Judicial Discretion under California’s Three Strikes Law: Insights from In re Sam Henry Large Introduction In re Sam Henry Large (41 Cal.4th 538) is a pivotal judgment by the Supreme Court of...
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