California Case Commentaries

Broad Interpretation of 'Discharge' Under California Labor Code: Amanza Smith v. Superior Court

Date: Jul 11, 2006

Broad Interpretation of 'Discharge' Under California Labor Code: Amanza Smith v. Superior Court Introduction Amanza Smith v. The Superior Court of Los Angeles County is a seminal decision by the...

Affirmation of Death Sentence and Admissibility of Aggravating Evidence in People v. Demetrulias

Date: Jul 11, 2006

Affirmation of Death Sentence and Admissibility of Aggravating Evidence in People v. Demetrulias Introduction People v. Gregory Spiros Demetrulias, 39 Cal.4th 1 (2006), is a landmark decision by the...

Affirmation of Assignees’ Right to Recover Brandt Fees in Bad Faith Insurance Claims

Date: Jul 7, 2006

Affirmation of Assignees’ Right to Recover Brandt Fees in Bad Faith Insurance Claims Introduction In the landmark case of Essex Insurance Company v. Five Star Dye House, Inc. (38 Cal.4th 1252), the...

People v. Reed: Supreme Court Clarifies 'Necessarily Included Offense' in Multiple Convictions under California Law

Date: Jul 4, 2006

People v. Reed: Supreme Court Clarifies 'Necessarily Included Offense' in Multiple Convictions under California Law Introduction In the landmark case of People v. Reed (38 Cal.4th 1224), the Supreme...

Establishing Constructive Knowledge in Negligent Transmission of HIV: Analysis of JOHN B. v. SUPERIOR COURT OF LOS ANGELES COUNTY

Date: Jul 4, 2006

Establishing Constructive Knowledge in Negligent Transmission of HIV: Analysis of JOHN B. v. SUPERIOR COURT OF LOS ANGELES COUNTY Introduction The Supreme Court of California addressed a significant...

California Supreme Court Upholds Local Zoning Authority Over Timber Operation Locations Despite State Forestry Statutes

Date: Jun 30, 2006

California Supreme Court Upholds Local Zoning Authority Over Timber Operation Locations Despite State Forestry Statutes Introduction In the landmark case of Big Creek Lumber Co. et al. v. County of...

Affirmation of Traffic Stop Legality Based on Missing License Plate and Expired Registration: People v. Saunders

Date: Jun 30, 2006

Affirmation of Traffic Stop Legality Based on Missing License Plate and Expired Registration: People v. Saunders Introduction People v. Devance Saunders is a landmark decision by the Supreme Court of...

Affirmation of Reasonable Suspicion for Traffic Stops Based on Specific, Uncorroborated Anonymous Tips Regarding Erratic Driving

Date: Jun 27, 2006

Affirmation of Reasonable Suspicion for Traffic Stops Based on Specific, Uncorroborated Anonymous Tips Regarding Erratic Driving Introduction In the landmark case The People v. Susan Wells, the...

Clarifying 'Distinctively Marked' in Pursuits: Hudson v. People (38 Cal.4th 1002) Sets New Precedent

Date: Jun 20, 2006

Clarifying 'Distinctively Marked' in Pursuits: Hudson v. People (38 Cal.4th 1002) Sets New Precedent Introduction In the landmark case of People v. Hudson, the Supreme Court of California addressed...

Requirement for Reciprocal Discovery of Rebuttal Evidence in Capital Trials Established in PEOPLE v. GONZALEZ

Date: Jun 13, 2006

Requirement for Reciprocal Discovery of Rebuttal Evidence in Capital Trials Established in PEOPLE v. GONZALEZ Introduction PEOPLE v. GONZALEZ is a landmark decision by the Supreme Court of California...

Affirmation of Restrictions on Optometric Business Relationships Under the Knox-Keene Act

Date: Jun 13, 2006

Affirmation of Restrictions on Optometric Business Relationships Under the Knox-Keene Act Introduction In the landmark case The People, Plaintiff and Appellant, v. Jeffrey A. Cole et al., Defendants...

Clarifying Employer Liability for Third-Party Sexual Harassment under FEHA

Date: Jun 9, 2006

Clarifying Employer Liability for Third-Party Sexual Harassment under FEHA Introduction Helga Carter v. California Department of Veterans Affairs is a landmark case decided by the Supreme Court of...

Mandatory Release on Own Recognizance for In-Custody Defendants: Analysis of People v. Standish

Date: Jun 6, 2006

Mandatory Release on Own Recognizance for In-Custody Defendants: Analysis of People v. Standish Introduction In the landmark case of People v. Jared Jacob Standish (38 Cal.4th 858, 2006), the Supreme...

Vicarious Disqualification of Government Law Offices: Insights from City and County of San Francisco v. Cobra Solutions, Inc.

Date: Jun 6, 2006

Vicarious Disqualification of Government Law Offices: Insights from City and County of San Francisco v. Cobra Solutions, Inc. Introduction The landmark case City and County of San Francisco et al. v....

Exigent Circumstances Justifying Warrantless Entry for DUI Arrest in California

Date: Jun 2, 2006

Exigent Circumstances Justifying Warrantless Entry for DUI Arrest in California Introduction People v. Daniel Lyon Thompson (38 Cal.4th 811, 2006) is a landmark decision by the Supreme Court of...

The People v. McGee: Judicial Discretion in Sentencing Enhancements Post-Apprendi

Date: May 23, 2006

The People v. McGee: Judicial Discretion in Sentencing Enhancements Post-Apprendi Introduction In The People v. James Corey McGee (38 Cal.4th 682, 2006), the Supreme Court of California grappled with...

Requiring Knowledge of Illegal Characteristics in Weapon Possession Under California Penal Code §12020(a)(1)

Date: May 16, 2006

Requiring Knowledge of Illegal Characteristics in Weapon Possession Under California Penal Code §12020(a)(1) Introduction In the landmark case of The People v. Sean King, 38 Cal.4th 617 (2006), the...

Clear-Cut For-Cause Juror Excusals Based Solely on Written Questionnaires: The People v. Johnny Avila, Jr. (2006)

Date: May 16, 2006

Clear-Cut For-Cause Juror Excusals Based Solely on Written Questionnaires: The People v. Johnny Avila, Jr. (2006) Introduction The case of The People v. Johnny Avila, Jr., decided in 2006 by the...

Affirmation of Death Sentence: Unrelated Evidence Remains Admissible Despite Initial Confession Exclusion

Date: May 12, 2006

Affirmation of Death Sentence: Unrelated Evidence Remains Admissible Despite Initial Confession Exclusion Introduction In the case of The People v. Richard Delmer Boyer (38 Cal.4th 412, 2006), the...

Establishing Judicial Impartiality and the Torture Murder Special Circumstance: People v. Chatman

Date: May 9, 2006

Establishing Judicial Impartiality and the Torture Murder Special Circumstance: People v. Chatman Introduction People v. Erik Sanford Chatman (38 Cal.4th 344) is a landmark decision by the Supreme...