California Case Commentaries

Aguilar v. Lerner: Affirming Arbitration Agreements Amidst Statutory Waivers

Date: Apr 23, 2004

Aguilar v. Lerner: Affirming Arbitration Agreements Amidst Statutory Waivers Introduction In Raul V. Aguilar v. Esther R. Lerner (32 Cal.4th 974), decided by the Supreme Court of California on April...

Attorney Liability for Continuing Malicious Prosecution After Discovery of Lack of Probable Cause

Date: Apr 20, 2004

Attorney Liability for Continuing Malicious Prosecution After Discovery of Lack of Probable Cause Introduction The landmark case of Jerome Zamos et al. v. James T. Stroud et al. (32 Cal.4th 958,...

Single Objective in Multiple Regulatory Violations: Implications of People v. Britt

Date: Apr 20, 2004

Single Objective in Multiple Regulatory Violations: Implications of People v. Britt Introduction People v. Michael Frederick Britt is a landmark decision by the Supreme Court of California that...

State-Agent Immunity of California Sheriffs Under Section 1983 and the Expanded Scope of Civil Code §52.1

Date: Apr 6, 2004

State-Agent Immunity of California Sheriffs Under Section 1983 and the Expanded Scope of Civil Code §52.1 Introduction The case of David Venegas et al. v. County of Los Angeles et al., decided by the...

Supreme Court of California Upholds Death Sentencing and Joint Trial Procedures in The People v. Cleveland and Veasley

Date: Mar 26, 2004

Supreme Court of California Upholds Death Sentencing and Joint Trial Procedures in The People v. Cleveland and Veasley Introduction The People v. Cleveland and Veasley, 32 Cal.4th 704 (2004), is a...

Supreme Court of California Affirms Elder Abuse Act Claims Bypass CCP §425.13(a) Punitive Damage Requirements

Date: Mar 26, 2004

Supreme Court of California Affirms Elder Abuse Act Claims Bypass CCP §425.13(a) Punitive Damage Requirements Introduction The case of Covenant Care, Inc., et al. v. The Superior Court of Los Angeles...

In re RAYMOND EDWARD STEELE: Expanding Postconviction Discovery Rights under Penal Code Section 1054.9

Date: Mar 9, 2004

In re RAYMOND EDWARD STEELE: Expanding Postconviction Discovery Rights under Penal Code Section 1054.9 Introduction The case of In re Raymond Edward Steele presents a pivotal moment in California's...

Presumption of Paternity in Juvenile Dependency Cases: Insights from In re JESUSA V.

Date: Mar 2, 2004

Presumption of Paternity in Juvenile Dependency Cases: Insights from In re JESUSA V. Introduction The landmark case In re JESUSA V. addresses critical issues surrounding the determination of presumed...

Coverage Extended for Close Proximity Theft under Jeweler's Block Insurance Policies in E.M.M.I. Inc. v. Zurich Am. Insurance Company

Date: Feb 24, 2004

Coverage Extended for Close Proximity Theft under Jeweler's Block Insurance Policies Introduction E.M.M.I. Inc., a prominent jewelry manufacturer and marketer, found itself embroiled in a legal...

Quantum Meruit Recovery Permitted Despite Fee Sharing Violations Under Rule 2-200

Date: Feb 24, 2004

Quantum Meruit Recovery Permitted Despite Fee Sharing Violations Under Rule 2-200 Introduction The case of Huskinson Brown, LLP v. Mervyn H. Wolf et al. (32 Cal.4th 453) adjudicated by the Supreme...

Establishing a Sufficient Factual Basis for Guilty Pleas under Penal Code Section 1192.5

Date: Feb 20, 2004

Establishing a Sufficient Factual Basis for Guilty Pleas under Penal Code Section 1192.5 Introduction In The People v. Henry James Holmes, 32 Cal.4th 432 (2004), the Supreme Court of California...

Shasta Community Services District v. Richmond et al.: Reinterpreting Article XIII D on Water Connection Fees

Date: Feb 10, 2004

Shasta Community Services District v. Richmond et al.: Reinterpreting Article XIII D on Water Connection Fees Introduction In the landmark case of Shasta Community Services District v. Richmond et...

Parol Evidence Rule as a Basis for Favorable Termination in Malicious Prosecution: An Analysis of CASA HERRERA, INC. v. NASSER BEYDOUN

Date: Feb 3, 2004

Parol Evidence Rule as a Basis for Favorable Termination in Malicious Prosecution: An Analysis of CASA HERRERA, INC. v. NASSER BEYDOUN Introduction CASA HERRERA, INC., Plaintiff and Appellant, v....

Affirmation of Death Sentence Amidst Alleged Juror Misconduct: People v. Danks

Date: Feb 3, 2004

Affirmation of Death Sentence Amidst Alleged Juror Misconduct: People v. Danks Introduction People v. Joseph Martin Danks (32 Cal.4th 269) is a landmark case adjudicated by the Supreme Court of...

Retrial of Strike Allegations Permitted After Appellate Reversal: Insights from People v. Barragan (32 Cal.4th 236)

Date: Jan 30, 2004

Retrial of Strike Allegations Permitted After Appellate Reversal: Insights from People v. Barragan (32 Cal.4th 236) Introduction In People v. Antonio J. Barragan (32 Cal.4th 236), the Supreme Court...

Conduct Credits in Sentencing: Insights from People v. Johnson

Date: Jan 30, 2004

Conduct Credits in Sentencing: Insights from People v. Johnson Introduction People v. Johnson, 32 Cal.4th 260, decided by the Supreme Court of California on January 29, 2004, addresses the intricate...

California Supreme Court Reclassifies Criminal Venue as a Question of Law in People v. Posey

Date: Jan 23, 2004

California Supreme Court Reclassifies Criminal Venue as a Question of Law in People v. Posey Introduction In the landmark case of People v. Christopher Francisco Posey, decided on January 22, 2004,...

Jury Instruction on Lesser Included Offenses in Capital Felony Murder Cases: People v. Valdez

Date: Jan 7, 2004

Jury Instruction on Lesser Included Offenses in Capital Felony Murder Cases: People v. Valdez Introduction In People v. Alfredo Reyes Valdez (32 Cal.4th 73, 2004), the Supreme Court of California...

Absolute Privilege for Government Reports under Civil Code Section 47(b): Lydia Ortiz Hagberg v. California Federal Bank FSB

Date: Jan 6, 2004

Absolute Privilege for Government Reports under Civil Code Section 47(b): Lydia Ortiz Hagberg v. California Federal Bank FSB Introduction The case of Lydia Ortiz Hagberg v. California Federal Bank...

Absolute Privilege for Reports to Law Enforcement under Civil Code Section 47(b): Lydia Ortiz Hagberg v. California Federal BankFSB

Date: Jan 6, 2004

Absolute Privilege for Reports to Law Enforcement under Civil Code Section 47(b): Lydia Ortiz Hagberg v. California Federal BankFSB Introduction In the landmark case of Lydia Ortiz Hagberg v....

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