California Case Commentaries

Exclusive Authority of Insurance Commissioner in Handling Insolvent Insurers: Implications from State of California v. Altus Finance, S.A.

Date: Aug 16, 2005

Exclusive Authority of Insurance Commissioner in Handling Insolvent Insurers: Implications from State of California v. Altus Finance, S.A. Introduction In the landmark case State of California v....

Protected Activity Under FEHA: Yanowitz v. L'Oréal USA Establishes Materiality Standard for Adverse Employment Actions

Date: Aug 12, 2005

Protected Activity Under FEHA: Yanowitz v. L'Oréal USA Establishes Materiality Standard for Adverse Employment Actions Introduction Yanowitz v. L'Oréal USA, Inc. (36 Cal.4th 1028, 2005) is a landmark...

Reynolds v. Bement: Limiting Personal Liability for Unpaid Overtime under California Labor Code §1194

Date: Aug 12, 2005

Reynolds v. Bement: Limiting Personal Liability for Unpaid Overtime under California Labor Code §1194 Introduction In Steven Reynolds v. Christian Bement et al. (36 Cal.4th 1075, 2005), the Supreme...

Reaffirmation of Section 366.21(e) Interpretation: Six-Month Termination of Reunification Services on Parental Contact Failure - Sara M. v. Superior Court of Tuolumne County

Date: Aug 9, 2005

Reaffirmation of Section 366.21(e) Interpretation: Six-Month Termination of Reunification Services on Parental Contact Failure Introduction The case of Sara M., Petitioner, v. The Superior Court of...

Affirmation of Death Sentence and Robust Standards for Competency to Stand Trial in People v. Dunkle

Date: Aug 5, 2005

Affirmation of Death Sentence and Robust Standards for Competency to Stand Trial in People v. Dunkle Introduction In the landmark case of People v. Jon Scott Dunkle (36 Cal.4th 861), the Supreme...

Supreme Court of California Rules Predispute Jury Trial Waivers Unenforceable Under CCP §631

Date: Aug 5, 2005

Supreme Court of California Rules Predispute Jury Trial Waivers Unenforceable Under CCP §631 Introduction In the landmark case Grafton Partners L.P. et al. v. The Superior Court of Alameda County,...

Equal Treatment of Domestic Partners and Spouses Under the Unruh Civil Rights Act: Analysis of Koebke v. Bernardo Heights Country Club

Date: Aug 2, 2005

Equal Treatment of Domestic Partners and Spouses Under the Unruh Civil Rights Act Introduction The case of B. Birgit Koebke et al. v. Bernardo Heights Country Club (36 Cal.4th 824) adjudicated by the...

Affirmation of Self-Representation Rights and Competency Standards in Capital Murder Cases: People v. Blair

Date: Jul 29, 2005

Affirmation of Self-Representation Rights and Competency Standards in Capital Murder Cases: People v. Blair Introduction In the landmark case of People v. James Nelson Blair, 36 Cal.4th 686 (2005),...

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...

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...

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...

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...