California Case Commentaries

Establishing Insurer's Right to Reimburse Defense Costs When No Coverage Exists: Scottsdale Insurance Co. v. MVTransportation

Date: Jul 26, 2005

Establishing Insurer's Right to Reimburse Defense Costs When No Coverage Exists Scottsdale Insurance Co. v. MVTransportation et al. (36 Cal.4th 643) Supreme Court of California, July 25, 2005...

Appellate Counsel's Authority to Dismiss Dependency Appeals: In re Josiah Z. et al. Analysis

Date: Jul 26, 2005

Appellate Counsel's Authority to Dismiss Dependency Appeals: In re Josiah Z. et al. Analysis Introduction The case of In re Josiah Z. et al. addresses a pivotal question in juvenile dependency law:...

Reliability of Eyewitness Identification and Standards for Prosecutorial Conduct Upheld in People v. Jerry Noble Kennedy

Date: Jul 26, 2005

Reliability of Eyewitness Identification and Standards for Prosecutorial Conduct Upheld in People v. Jerry Noble Kennedy Introduction In People v. Jerry Noble Kennedy (36 Cal.4th 595, 2005), the...

Admissibility of Jailhouse Taping and Multiple Prosecution: Insights from People v. Davis

Date: Jul 22, 2005

Admissibility of Jailhouse Taping and Multiple Prosecution: Insights from People v. Davis Introduction People v. Stanley Bernard Davis is a seminal case decided by the Supreme Court of California on...

California Supreme Court Upholds Arbitration Clause in Disability Insurance Contracts Despite Service of Suit Clause

Date: Jul 19, 2005

California Supreme Court Upholds Arbitration Clause in Disability Insurance Contracts Despite Service of Suit Clause Introduction The case of Antone Boghos v. Certain Underwriters at Lloyd's of...

Establishing Hostile Work Environment through Sexual Favoritism: California Supreme Court Sets New Precedent in Miller v. Department of Corrections

Date: Jul 19, 2005

Establishing Hostile Work Environment through Sexual Favoritism: California Supreme Court Sets New Precedent in Miller v. Department of Corrections Introduction In the landmark case of Edna Miller et...

MW Erectors Inc. v. Niederhauser: Clarifying CSLL Section 7031(a) on Contractor Licensure and Recovery

Date: Jul 15, 2005

MW Erectors Inc. v. Niederhauser: Clarifying CSLL Section 7031(a) on Contractor Licensure and Recovery Introduction In the landmark case of MW Erectors, Inc. v. Niederhauser Ornamental and Metal...

Affirmation of Capital Sentencing Procedures in PEOPLE v. WILSON

Date: Jul 12, 2005

Affirmation of Capital Sentencing Procedures in PEOPLE v. WILSON Introduction The case of The People v. Robert Paul Wilson (36 Cal.4th 309) was a significant decision by the Supreme Court of...

Section 473(b) Relief Unavailable for Untimely Trial Requests in Mandatory Fee Arbitration under MFAA: Maynard v. Brandon

Date: Jul 12, 2005

Section 473(b) Relief Unavailable for Untimely Trial Requests in Mandatory Fee Arbitration under MFAA: Maynard v. Brandon Introduction In Maynard v. Brandon (36 Cal.4th 364, 2005), the Supreme Court...

Seijas v. The People: Affirmation of Witness Privilege and Preservation of Defendant's Rights

Date: Jul 8, 2005

Seijas v. The People: Affirmation of Witness Privilege and Preservation of Defendant's Rights Introduction In The People v. Larry Seijas (36 Cal.4th 291, 2005), the Supreme Court of California...

Concealment in Life Insurance Applications: Insights from O'Riordan v. Federal Kemper Life Assurance Company

Date: Jul 8, 2005

Concealment in Life Insurance Applications: Insights from O'Riordan v. Federal Kemper Life Assurance Company Introduction The Supreme Court of California's decision in O'Riordan v. Federal Kemper...

Clarifying Special Circumstances in Multiple-Murder Capital Cases: People v. Carmen Lee Ward

Date: Jul 1, 2005

Clarifying Special Circumstances in Multiple-Murder Capital Cases: People v. Carmen Lee Ward Introduction In the landmark case The People v. Carmen Lee Ward, 36 Cal.4th 186 (2005), the California...

Enhanced Duty of Care for Bar Proprietors: Delgado v. Trax Bar Grill

Date: Jul 1, 2005

Enhanced Duty of Care for Bar Proprietors: Delgado v. Trax Bar Grill Introduction Delgado v. Trax Bar Grill (36 Cal.4th 224, 2005) is a landmark decision by the Supreme Court of California that...

Admissibility of Financial Motive Evidence in Capital Cases: The People v. Mary Ellen Samuels

Date: Jun 28, 2005

Admissibility of Financial Motive Evidence in Capital Cases: The People v. Mary Ellen Samuels Introduction The People v. Mary Ellen Samuels (36 Cal.4th 96), adjudicated by the Supreme Court of...

Unconscionability of Classwide Arbitration Waivers in Consumer Contracts: Discover Bank v. Superior Court of Los Angeles

Date: Jun 28, 2005

Unconscionability of Classwide Arbitration Waivers in Consumer Contracts: Discover Bank v. Superior Court of Los Angeles Introduction Discover Bank, Petitioner, v. Superior Court of Los Angeles,...

Affirmation of California's Determinate Sentencing Law in Light of Apprendi, Blakely, and Booker

Date: Jun 21, 2005

Affirmation of California's Determinate Sentencing Law in Light of Apprendi, Blakely, and Booker Introduction The case of The People v. Kevin Michael Black (35 Cal.4th 1238) addresses pivotal issues...

Interpretation of Accomplice Liability and Intent in Methamphetamine Precursor Possession: People v. Perez

Date: Jun 21, 2005

Interpretation of Accomplice Liability and Intent in Methamphetamine Precursor Possession: People v. Perez Introduction People v. Perez (35 Cal.4th 1219), adjudicated by the Supreme Court of...

Limits on Punitive Damages under Federal Due Process: Simon v. San Paolo U.S. Holding Company, Inc.

Date: Jun 17, 2005

Limits on Punitive Damages under Federal Due Process: Simon v. San Paolo U.S. Holding Company, Inc. Introduction The landmark case of Simon v. San Paolo U.S. Holding Company, Inc. (35 Cal.4th 1159)...

Establishing Amusement Park Ride Operators as Common Carriers under California Civil Code §§2100 and 2101

Date: Jun 17, 2005

Establishing Amusement Park Ride Operators as Common Carriers under California Civil Code §§2100 and 2101 Introduction The Supreme Court of California, in the landmark case Johana Gomez v. The...

Application of Civil Code §1954.535 Extends 90-Day Notice Requirement to Section 8 Tenants in All California Jurisdictions

Date: Jun 14, 2005

Application of Civil Code §1954.535 Extends 90-Day Notice Requirement to Section 8 Tenants in All California Jurisdictions Introduction The case WASATCH PROPERTY MANAGEMENT, Plaintiff and Respondent,...

Previous Next