California Case Commentaries

Rebuttable Presumptions and Statute of Limitations in Smoking-Related Personal Injury Cases: Insights from Grisham v. Philip Morris

Date: Feb 16, 2007

Rebuttable Presumptions and Statute of Limitations in Smoking-Related Personal Injury Cases: Insights from Grisham v. Philip Morris Introduction GRISHAM v. PHILIP MORRIS U.S.A., Inc. et al. (2007) is...

Reversal of Receiving Stolen Property Conviction in People v. Robert Lee Smith

Date: Feb 6, 2007

Reversal of Receiving Stolen Property Conviction in People v. Robert Lee Smith (40 Cal.4th 483) Introduction People v. Robert Lee Smith, decided by the Supreme Court of California on February 5,...

Supreme Court of California Affirms Limited Applicability of Anders/Wende Procedures in LPS Conservatorship Appeals

Date: Feb 6, 2007

Supreme Court of California Affirms Limited Applicability of Anders/Wende Procedures in LPS Conservatorship Appeals Introduction The case of Conservatorship of the Person of BEN C. SAN DIEGO COUNTY...

Vineyard Area Citizens v. City of Rancho Cordova: Reinforcing CEQA Standards for Long-term Water Supply and Environmental Impact

Date: Feb 2, 2007

Vineyard Area Citizens v. City of Rancho Cordova: Reinforcing CEQA Standards for Long-term Water Supply and Environmental Impact Introduction The case of Vineyard Area Citizens for Responsible...

Reaffirmation of Reasonable Suspicion Standards for Anonymous 911 Tips in Violent Crime Reporting

Date: Feb 2, 2007

Reaffirmation of Reasonable Suspicion Standards for Anonymous 911 Tips in Violent Crime Reporting Introduction In the case of People v. Norman J. Dolly (40 Cal.4th 458), the Supreme Court of...

Enhancements for Aiders and Abettors and Recognition of Multiple Victims in Sentencing: Analysis of People v. Calhoun (2007) 40 Cal.4th 398

Date: Jan 30, 2007

Enhancements for Aiders and Abettors and Recognition of Multiple Victims in Sentencing People v. Calhoun (2007) 40 Cal.4th 398 Introduction In The People v. Calhoun et al., 40 Cal.4th 398 (2007), the...

Affirmative Consent Not Necessary for Disclosing Consumer Information in Class Actions: Pioneer Electronics v. Superior Court

Date: Jan 26, 2007

Affirmative Consent Not Necessary for Disclosing Consumer Information in Class Actions: Pioneer Electronics v. Superior Court Introduction Pioneer Electronics (USA), Inc. v. Superior Court of Los...

Affirmation of Death Sentence in PEOPLE v. WILLIAMS: Standards for Jury Selection, Evidentiary Admissibility, and Prosecutorial Conduct

Date: Dec 29, 2006

Affirmation of Death Sentence in PEOPLE v. WILLIAMS: Standards for Jury Selection, Evidentiary Admissibility, and Prosecutorial Conduct Introduction The case of The People v. Bob Russell Williams,...

Restricting the Use of Postconviction Probation Reports in Determining Strike Eligibility under California's Three Strikes Law

Date: Dec 12, 2006

Restricting the Use of Postconviction Probation Reports in Determining Strike Eligibility under California's Three Strikes Law Introduction The case of The People v. Manuel Alex Trujillo (40 Cal.4th...

Revisiting Probation Search Conditions: The Overruling of IN RE TYRELL J. in In re Jaime P.

Date: Dec 1, 2006

Revisiting Probation Search Conditions: The Overruling of IN RE TYRELL J. in In re Jaime P. Introduction In In re Jaime P., the Supreme Court of California revisited and ultimately overruled its...

Supreme Court of California Upholds Retroactivity of Medical Marijuana Program, Affirming Compassionate Use Defense in People v. Wright

Date: Nov 28, 2006

Supreme Court of California Upholds Retroactivity of Medical Marijuana Program, Affirming Compassionate Use Defense in People v. Wright Introduction People v. Shaun Eric Wright is a landmark decision...

Enhancing Transparency in Wende Appeals: Constitutional Mandate for Written Opinions in People v. Kelly

Date: Nov 28, 2006

Enhancing Transparency in Wende Appeals: Constitutional Mandate for Written Opinions in People v. Kelly Introduction In People v. Kelly (2006) 40 Cal.4th 106, the Supreme Court of California...

Broad Immunity Under CDA Section 230 Affirmed in Barrett v. Rosenthal

Date: Nov 21, 2006

Broad Immunity Under CDA Section 230 Affirmed in Barrett v. Rosenthal Introduction In the landmark case of Barrett et al. v. Rosenthal (40 Cal.4th 33, 2006), the Supreme Court of California addressed...

Broad Interpretation of 'Under Construction' in Vacancy Exclusions: TRB Investments v. Fireman's Fund Insurance Company

Date: Nov 14, 2006

Broad Interpretation of 'Under Construction' in Vacancy Exclusions: TRB Investments, Inc. v. Fireman's Fund Insurance Company Introduction The Supreme Court of California's decision in TRB...

CPELY PRESS, INC. v. SUPERIOR COURT OF SAN DIEGO COUNTY: Enhancing Confidentiality Protections Under CPRA

Date: Sep 1, 2006

CLARIFYING "Employing Agency" in CPRA: The Copley Press, Inc. v. Superior Court of San Diego County Decision Introduction In the landmark case of The Copley Press, Inc. v. Superior Court of San Diego...

Public Entities as Qui Tam Plaintiffs under the California False Claims Act: Analysis of ex rel. Harris v. PricewaterhouseCoopers

Date: Sep 1, 2006

Public Entities as Qui Tam Plaintiffs under the California False Claims Act: Analysis of ex rel. Harris v. PricewaterhouseCoopers Introduction The case THE STATE OF CALIFORNIA ex rel. KAMALA HARRIS,...

Supreme Court of California Establishes Charter Schools as Liable Entities under the False Claims Act and UCL

Date: Sep 1, 2006

Supreme Court of California Establishes Charter Schools as Liable Entities under the False Claims Act and UCL 1. Introduction In the landmark case of Joey Wells, a Minor, et al., Plaintiffs and...

Reaffirmation of Collateral Estoppel in Welfare Fraud: Supreme Court Upholds PEOPLE v. SIMS

Date: Aug 29, 2006

Reaffirmation of Collateral Estoppel in Welfare Fraud: Supreme Court Upholds PEOPLE v. SIMS Introduction In the landmark decision People v. Garcia (2006), the Supreme Court of California reaffirmed...

Expansion of Asportation in Aggravated Kidnapping and Felony-Murder Liability in People v. Dominguez

Date: Aug 29, 2006

Expansion of Asportation in Aggravated Kidnapping and Felony-Murder Liability in People v. Dominguez Introduction People v. Dominguez (39 Cal.4th 1141, 2006) is a landmark decision by the Supreme...

Affirmation of Convictions and Death Sentence in PEOPLE v. STANLEY

Date: Aug 25, 2006

Affirmation of Convictions and Death Sentence in PEOPLE v. STANLEY: Analysis of Legal Standards and Procedural Safeguards Introduction In People v. Darren Cornelius Stanley (39 Cal.4th 913, Supreme...