California Case Commentaries

PEOPLE v. LEWIS and Oliver: California Supreme Court Affirms Death Judgments, Reinforces Standards for Batson Challenges and Sentencing Evidence

Date: Aug 25, 2006

PEOPLE v. LEWIS and Oliver: California Supreme Court Affirms Death Judgments, Reinforces Standards for Batson Challenges and Sentencing Evidence Introduction People v. Albert Lewis and Anthony Cedric...

Disqualifying Care Custodians in Testamentary Transfers: Bernard v. Foley (39 Cal.4th 794)

Date: Aug 22, 2006

Disqualifying Care Custodians in Testamentary Transfers: Bernard v. Foley (39 Cal.4th 794) Introduction Angela Ann Bernard et al., Plaintiffs and Appellants, v. James Foley, as Trustee, etc.,...

Affirmation of Capital Conviction in People v. David Keith Rogers: Harmless Error in Procedural and Instructional Matters

Date: Aug 22, 2006

Affirmation of Capital Conviction in People v. David Keith Rogers: Harmless Error in Procedural and Instructional Matters Introduction Case: The People, Plaintiff and Respondent, v. David Keith...

Ledesma v. The People: Shaping Death Penalty Jurisprudence and Jury Selection in California

Date: Aug 18, 2006

Ledesma v. The People: Shaping Death Penalty Jurisprudence and Jury Selection in California Introduction Ledesma v. The People (39 Cal.4th 641) is a landmark decision by the Supreme Court of...

Affirmation of Capital Murder Conviction: Legal Principles on Joinder and Multiple Special Circumstances in People v. Cook

Date: Aug 15, 2006

Affirmation of Capital Murder Conviction: Legal Principles on Joinder and Multiple Special Circumstances in People v. Cook Introduction In the landmark case The People v. Walter Joseph Cook III (39...

Establishing the Distinction Between Policy Decisions and Implementation in Labor Relations: Claremont Police Officers Association v. City of Claremont

Date: Aug 15, 2006

Establishing the Distinction Between Policy Decisions and Implementation in Labor Relations: Claremont Police Officers Association v. City of Claremont Introduction In the landmark case of Claremont...

Specific Intent Essential for Out-of-State Convictions to Qualify as Serious Felonies in California

Date: Aug 11, 2006

Specific Intent Essential for Out-of-State Convictions to Qualify as Serious Felonies in California Introduction The People v. Brian Eric Warner (39 Cal.4th 548, 2006) is a landmark decision by the...

Affirmation of Death Sentence in People v. Ramirez

Date: Aug 8, 2006

Affirmation of Death Sentence in People v. Ramirez Introduction People v. Richard Ramirez is a landmark decision by the Supreme Court of California, handed down on August 7, 2006. Richard Ramirez,...

Enhancing Sentencing in Group Assault Cases: Insights from People v. Modiri

Date: Aug 8, 2006

Enhancing Sentencing in Group Assault Cases: Insights from People v. Modiri Introduction People v. Shea Michael Modiri is a landmark decision by the Supreme Court of California, rendered on August 7,...

Clarifying 'At Will' Employment Contracts: Supreme Court Upholds Express Terms in Dore v. Arnold Worldwide

Date: Aug 4, 2006

Clarifying 'At Will' Employment Contracts: Supreme Court Upholds Express Terms in Dore v. Arnold Worldwide Introduction In the landmark case of Brook Dore v. Arnold Worldwide, Inc. (2006), the...

No Recovery of Attorney Fees for Defendants when Plaintiffs Voluntarily Dismiss Before Filing Anti-SLAPP Motion – S. B. Beach Properties v. R. A. Berti

Date: Aug 1, 2006

No Recovery of Attorney Fees for Defendants when Plaintiffs Voluntarily Dismiss Before Filing Anti-SLAPP Motion Introduction In the case of S. B. Beach Properties et al. v. Richard A. Berti et al.,...

Criminal Extortion Excludes Anti-SLAPP Protections: Insights from Flatley v. Mauro

Date: Jul 28, 2006

Criminal Extortion Excludes Anti-SLAPP Protections: Insights from Flatley v. Mauro Introduction Michael Flatley, a renowned entertainer, initiated legal action against D. Dean Mauro, an attorney,...

California Supreme Court Clarifies SLAPPback Defense under Anti-SLAPP Statute: Soukup v. Law Offices of Herbert Hafif

Date: Jul 28, 2006

California Supreme Court Clarifies SLAPPback Defense under Anti-SLAPP Statute: Soukup v. Law Offices of Herbert Hafif Introduction The case of Peggy J. Soukup v. Law Offices of Herbert Hafif et al....

Empowering Voter Initiatives: Reducing Public Water District Charges under California Constitution Article XIII C

Date: Jul 25, 2006

Empowering Voter Initiatives: Reducing Public Water District Charges under California Constitution Article XIII C Introduction The case of Bighorn-Desert View Water Agency v. Kari Verjil et al.,...

California Supreme Court Upholds Proposition 64: Restricting Standing in Unfair Competition Cases Applies to Pending Litigation

Date: Jul 25, 2006

California Supreme Court Upholds Proposition 64: Restricting Standing in Unfair Competition Cases Applies to Pending Litigation Introduction In the landmark case Californians for Disability Rights v....

Proposition 64 and Standing in Unfair Competition Cases: Analysis of Branick v. Downey Savings and Loan

Date: Jul 25, 2006

Proposition 64 and Standing in Unfair Competition Cases: Analysis of Branick v. Downey Savings and Loan Introduction In the landmark case of Thomas Branick et al. v. Downey Savings and Loan...

Hospital Peer Review Proceedings as Official Proceedings under California's Anti-SLAPP Statute

Date: Jul 21, 2006

Hospital Peer Review Proceedings as Official Proceedings under California's Anti-SLAPP Statute Introduction The case of George Kibler v. Northern Inyo County Local Hospital District et al. (39...

Retroactive Application of Family Code Section 4502(c) in Child Support Enforcement

Date: Jul 21, 2006

Retroactive Application of Family Code Section 4502(c) in Child Support Enforcement Introduction In the case of In re the Marriage of Mary Ann and Darrin Fellows (39 Cal.4th 179), the Supreme Court...

Enhancing Standards for Warrantless Searches of Parolees: People v. Moore (2006)

Date: Jul 18, 2006

Enhancing Standards for Warrantless Searches of Parolees: People v. Moore (2006) Introduction People v. Adrian Eugene Moore is a landmark decision by the Supreme Court of California that redefined...

Choice-of-Law in Privacy Invasions: California Supreme Court Upholds Residents' Privacy Rights in Interstate Communications

Date: Jul 14, 2006

Choice-of-Law Resolution in Privacy Invasions: California Supreme Court Upholds Residents' Privacy Rights in Interstate Communications Introduction The case of KELLY KEARNEY et al. v. SALOMON SMITH...