California Case Commentaries

Limitations on Recovering Lost Potential Profits Due to Impaired Bonding in Construction Contract Breaches

Date: Dec 24, 2004

Limitations on Recovering Lost Potential Profits Due to Impaired Bonding in Construction Contract Breaches Introduction In the landmark case of Lewis Jorge Construction Management, Inc. v. Pomona...

Robinson Helicopter Co. v. Dana Co.: Exception to the Economic Loss Rule for Fraudulent Misrepresentation in Contract Performance

Date: Dec 24, 2004

Robinson Helicopter Co. v. Dana Co.: Exception to the Economic Loss Rule for Fraudulent Misrepresentation in Contract Performance Introduction Robinson Helicopter Company, Inc. v. Dana Corporation...

Retroactive Limitations on Cal-OSHA Admissibility in Third-Party Negligence Actions: Rowdy Elsner v. Carl Uveges

Date: Dec 21, 2004

Retroactive Limitations on Cal-OSHA Admissibility in Third-Party Negligence Actions: Rowdy Elsner v. Carl Uveges Introduction The case of Rowdy Elsner v. Carl Uveges addresses pivotal issues...

Affirmation of First-Degree Murder Conviction with Special Circumstances in People v. Michael Stephen Combs

Date: Dec 17, 2004

Affirmation of First-Degree Murder Conviction with Special Circumstances in People v. Michael Stephen Combs Introduction People v. Michael Stephen Combs is a landmark decision by the Supreme Court of...

Affirmation of Death Penalty and Procedural Fairness in People v. Horning

Date: Dec 17, 2004

Affirmation of Death Penalty and Procedural Fairness in People v. Horning Introduction People v. Horning (34 Cal.4th 871) is a landmark decision by the Supreme Court of California, delivered on...

Entitlement to a New Trial Under Penal Code Section 1202: Analysis of The People v. Michael Glenn Braxton

Date: Dec 14, 2004

Entitlement to a New Trial Under Penal Code Section 1202: Analysis of The People v. Michael Glenn Braxton Introduction The People vs. Michael Glenn Braxton (34 Cal.4th 798) is a pivotal case...

Affirmation of Felony-Murder Special Circumstances and the Validity of Dying Declarations in People v. Monterroso

Date: Dec 14, 2004

Affirmation of Felony-Murder Special Circumstances and the Validity of Dying Declarations in People v. Monterroso Introduction In the landmark case of People v. Christian Antonio Monterroso (34...

Mello Act's Affordable Housing Requirements Constrained to Coastal Zone Housing Construction

Date: Dec 10, 2004

Mello Act's Affordable Housing Requirements Constrained to Coastal Zone Housing Construction Introduction The case Coalition of Concerned Communities, Inc., et al. v. City of Los Angeles, 34 Cal.4th...

Affirmation of Death Penalty in People v. Morrison: Reinforcing Standards on Jury Selection, Evidence Admissibility, and Due Process

Date: Dec 10, 2004

Affirmation of Death Penalty in People v. Morrison: Reinforcing Standards on Jury Selection, Evidence Admissibility, and Due Process Introduction In the landmark case The People v. Jesse Morrison,...

Affirmation of Death Penalty and Reinforcement of Witness-Killing Special Circumstances in People v. San Nicolas

Date: Dec 7, 2004

Affirmation of Death Penalty and Reinforcement of Witness-Killing Special Circumstances in People v. San Nicolas Introduction In the landmark case The People v. Rodney Jesse San Nicolas (34 Cal.4th...

Clarifying the Catalyst Theory in Attorney Fee Awards: Insights from Graham v. DaimlerChrysler (2004)

Date: Dec 3, 2004

Clarifying the Catalyst Theory in Attorney Fee Awards: Insights from Graham v. DaimlerChrysler (2004) Introduction In Robert Graham et al. v. DaimlerChrysler Corporation (34 Cal.4th 553, 2004), the...

Ramos v. The People: Establishing Standards for Probation Searches and Competency in Capital Cases

Date: Nov 30, 2004

Ramos v. The People: Establishing Standards for Probation Searches and Competency in Capital Cases Introduction Ramos v. The People (34 Cal.4th 494, 2004) is a pivotal decision by the Supreme Court...

Double Jeopardy Protections Extended to Sentence Enhancements: People v. Seel

Date: Nov 30, 2004

Double Jeopardy Protections Extended to Sentence Enhancements: People v. Seel Introduction People v. William Harlow Seel (34 Cal.4th 535) is a landmark decision by the Supreme Court of California,...

Supreme Court of California Declares Regional Centers Not Vicariously Liable for Contractors' Negligence

Date: Nov 16, 2004

Supreme Court of California Declares Regional Centers Not Vicariously Liable for Contractors' Negligence Introduction The case of YOSHI MOROHOSHI et al. v. PACIFIC HOME et al. addressed a critical...

California Supreme Court Expands Definition of Serious Felony to Include Gang-Related Enhancements

Date: Nov 5, 2004

California Supreme Court Expands Definition of Serious Felony to Include Gang-Related Enhancements Introduction In the landmark case of The People v. Alberto Francisco Briceno et al. (34 Cal.4th 451,...

Supreme Court Upholds Non-Retroactive Application of FEHA Amendment Imposing Personal Liability on Nonsupervisory Coworkers

Date: Nov 5, 2004

Supreme Court Upholds Non-Retroactive Application of FEHA Amendment Imposing Personal Liability on Nonsupervisory Coworkers Introduction In the landmark case of Lesli Ann McClung v. Employment...

Stockett v. JPIA: Broadening Wrongful Termination Claims Under California Tort Claims Act

Date: Nov 2, 2004

Stockett v. Association of California Water Agencies Joint Powers Insurance Authority: Broadening Wrongful Termination Claims Under California Tort Claims Act Introduction Stockett v. Association of...

PEOPLE v. TURNER: Ensuring Integrity in Capital Sentencing through Proper Plea Bargaining Procedures

Date: Nov 2, 2004

PEOPLE v. TURNER: Ensuring Integrity in Capital Sentencing through Proper Plea Bargaining Procedures Introduction People v. Richard Dean Turner (34 Cal.4th 406) is a pivotal Supreme Court of...

Williams v. The People: Clarifying Enhancements Under California’s Three Strikes Law

Date: Oct 19, 2004

Williams v. The People: Clarifying Enhancements Under California’s Three Strikes Law Introduction People v. Williams (34 Cal.4th 397, 2004) is a landmark decision by the Supreme Court of California...

A Comprehensive Analysis of OGOCHUKU C. NWOSU v. NWADINAUME FELLY UBA: Jury Trial Rights in Mixed Claims

Date: Oct 2, 2004

OGOCHUKU C. NWOSU v. NWADINAUME FELLY UBA: Affirming Judicial Procedures in Mixed Legal and Equitable Claims Introduction The case of Ogochuku C. Nwosu v. Nwadinaume Felly Uba (122 Cal.App.4th 1229)...