California Case Commentaries

Refusal of Antipsychotic Medication by Mentally Disordered Offenders: A New Precedent

Date: Jan 6, 2004

Refusal of Antipsychotic Medication by Mentally Disordered Offenders: A New Precedent Introduction The case of In re Kanuri Surgury Qawi represents a significant development in the intersection of...

California Supreme Court Reaffirms Single-Publication Rule, Limits Discovery Rule in Defamation Cases: SHIVELY v. BOZANICH

Date: Dec 23, 2003

California Supreme Court Reaffirms Single-Publication Rule, Limits Discovery Rule in Defamation Cases: SHIVELY v. BOZANICH Introduction In SHIVELY v. BOZANICH (31 Cal.4th 1230, 2003), the Supreme...

Limited Liability of Public Entities for 911 Dispatcher Failures: EASTBURN v. REGIONAL FIRE PROTECTION AUTHORITY

Date: Dec 19, 2003

Limited Liability of Public Entities for 911 Dispatcher Failures: EASTBURN v. REGIONAL FIRE PROTECTION AUTHORITY Introduction EASTBURN v. REGIONAL FIRE PROTECTION AUTHORITY is a landmark case decided...

Repudiation of Contract Does Not Automatically Waive Arbitration Rights: Insights from PacifiCare v. Saint Agnes Medical Center

Date: Dec 19, 2003

Repudiation of Contract Does Not Automatically Waive Arbitration Rights: Insights from PacifiCare v. Saint Agnes Medical Center Introduction The case of Saint Agnes Medical Center v. PacifiCare of...

Forfeiture of Appellate Rights in HIV Testing Orders: People v. Stowell

Date: Dec 2, 2003

Forfeiture of Appellate Rights in HIV Testing Orders: People v. Stowell Introduction In the landmark case of The People v. Stowell (2003) 31 Cal.4th 1107, the Supreme Court of California addressed...

Affirmation of Defendant's Right to Challenge HIV Testing Orders Without Timely Objection: People v. Butler

Date: Dec 2, 2003

Affirmation of Defendant's Right to Challenge HIV Testing Orders Without Timely Objection: People v. Butler Introduction People v. Willie Earl Butler is a landmark decision by the Supreme Court of...

SCHIFANDO v. CITY OF LOS ANGELES: FEHA Remedies Suffice Without Exhausting City Charter Processes

Date: Dec 2, 2003

SCHIFANDO v. CITY OF LOS ANGELES: FEHA Remedies Suffice Without Exhausting City Charter Processes Introduction Steve Schifando, an employee of the City of Los Angeles' Parks and Recreation...

Requiring Asportation in Carjacking: Insights from THE PEOPLE v. DANIEL SAPIEN LOPEZ

Date: Nov 25, 2003

Requiring Asportation in Carjacking: Insights from THE PEOPLE, Plaintiff and Respondent, v. DANIEL SAPIEN LOPEZ 1. Introduction In the landmark case of The People v. Daniel Sapien Lopez, the Supreme...

Strict Employer Liability for Supervisory Sexual Harassment under FEHA

Date: Nov 25, 2003

Strict Employer Liability for Supervisory Sexual Harassment under FEHA Introduction In the landmark case State DEPARTMENT OF HEALTH SERVICES v. SUPERIOR COURT of Sacramento County (31 Cal.4th 1026,...

Reversal of Death Sentence Due to Juror Selection Error: The People v. James Matthew Heard

Date: Aug 29, 2003

Reversal of Death Sentence Due to Juror Selection Error: The People v. James Matthew Heard Introduction The People v. James Matthew Heard is a landmark decision by the Supreme Court of California,...

Duty of Care in Youth Sports: In-depth Commentary on KAHN v. EAST SIDE UNION HIGH SCHOOL DISTRICT

Date: Aug 29, 2003

Duty of Care in Youth Sports: In-depth Commentary on KAHN v. EAST SIDE UNION HIGH SCHOOL DISTRICT Introduction The landmark case KAHN v. EAST SIDE UNION HIGH SCHOOL DISTRICT (31 Cal.4th 990)...

Balancing Trade Secret Protection and Free Speech: Insights from DVD Copy Control Association, Inc. v. Andrew Bunner

Date: Aug 26, 2003

Balancing Trade Secret Protection and Free Speech: Insights from DVD Copy Control Association, Inc. v. Andrew Bunner Introduction The case of DVD Copy Control Association, Inc. v. Andrew Bunner (31...

Affirmation of Broad Interpretation of Financial-Gain Special Circumstance in Capital Sentencing

Date: Aug 26, 2003

Affirmation of Broad Interpretation of Financial-Gain Special Circumstance in Capital Sentencing Introduction The Supreme Court of California, in the case of The People v. Mark Christopher Crew,...

Reaffirming Trial Courts' Deference in Batson/Wheeler Challenges: Analysis of PEOPLE v. REYNOSO

Date: Aug 26, 2003

Reaffirming Trial Courts' Deference in Batson/Wheeler Challenges: Analysis of PEOPLE v. REYNOSO Introduction People v. John Paul Reynoso is a landmark decision by the Supreme Court of California...

Reaffirmation of the Waiver Rule in Sentencing Appeals: An Examination of People v. González et al. (31 Cal.4th 745)

Date: Aug 22, 2003

Reaffirmation of the Waiver Rule in Sentencing Appeals: An Examination of People v. González et al. (31 Cal.4th 745) Introduction In the landmark case of People v. González et al., the Supreme Court...

Enhancing Due Process in Civil Commitment: Insights from People v. Robert Williams

Date: Aug 22, 2003

Enhancing Due Process in Civil Commitment: Insights from People v. Robert Williams Introduction The case of THE PEOPLE v. ROBERT WILLIAMS (31 Cal.4th 757) represents a significant judiciary...

Affirmation of Prior Murder Special Circumstance for Death Penalty Based on Out-of-State Conviction in PEOPLE v. MARTINEZ

Date: Aug 19, 2003

Affirmation of Prior Murder Special Circumstance for Death Penalty Based on Out-of-State Conviction in PEOPLE v. MARTINEZ Introduction In People v. Omar Fuentes Martinez (31 Cal.4th 673), the Supreme...

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California Case Commentaries

Refusal of Antipsychotic Medication by Mentally Disordered Offenders: A New Precedent

California Supreme Court Reaffirms Single-Publication Rule, Limits Discovery Rule in Defamation Cases: SHIVELY v. BOZANICH

Limited Liability of Public Entities for 911 Dispatcher Failures: EASTBURN v. REGIONAL FIRE PROTECTION AUTHORITY

Repudiation of Contract Does Not Automatically Waive Arbitration Rights: Insights from PacifiCare v. Saint Agnes Medical Center

Forfeiture of Appellate Rights in HIV Testing Orders: People v. Stowell

Affirmation of Defendant's Right to Challenge HIV Testing Orders Without Timely Objection: People v. Butler

SCHIFANDO v. CITY OF LOS ANGELES: FEHA Remedies Suffice Without Exhausting City Charter Processes

Requiring Asportation in Carjacking: Insights from THE PEOPLE v. DANIEL SAPIEN LOPEZ

Strict Employer Liability for Supervisory Sexual Harassment under FEHA

Reversal of Death Sentence Due to Juror Selection Error: The People v. James Matthew Heard

Duty of Care in Youth Sports: In-depth Commentary on KAHN v. EAST SIDE UNION HIGH SCHOOL DISTRICT

Balancing Trade Secret Protection and Free Speech: Insights from DVD Copy Control Association, Inc. v. Andrew Bunner

Affirmation of Broad Interpretation of Financial-Gain Special Circumstance in Capital Sentencing

Reaffirming Trial Courts' Deference in Batson/Wheeler Challenges: Analysis of PEOPLE v. REYNOSO

Reaffirmation of the Waiver Rule in Sentencing Appeals: An Examination of People v. González et al. (31 Cal.4th 745)

Enhancing Due Process in Civil Commitment: Insights from People v. Robert Williams

Affirmation of Prior Murder Special Circumstance for Death Penalty Based on Out-of-State Conviction in PEOPLE v. MARTINEZ

Malicious Prosecution Claims Subject to Anti-SLAPP Scrutiny: Jarrow Formulas, Inc. v. LaMarche

Qualified Privilege of Communication Under Civil Code Section 43.8 Extended to Entities

California Supreme Court Establishes Clear Boundaries for Pollution Exclusions in CGL Policies