California Case Commentaries

Mandatory Allegation of Claim Presentation Compliance in Tort Claims Act Actions: Bodde v. Superior Court of Kings County

Date: May 25, 2004

Mandatory Allegation of Claim Presentation Compliance in Tort Claims Act Actions: Bodde v. Superior Court of Kings County Introduction In THE STATE OF CALIFORNIA et al., Petitioners, v. THE SUPERIOR...

Conspicuousness and Clarity Required for Limitations on Permissive User Coverage: Supreme Court of California Affirms in Haynes v. Farmers Insurance

Date: May 18, 2004

Conspicuousness and Clarity Required for Limitations on Permissive User Coverage: Supreme Court of California Affirms in Haynes v. Farmers Insurance Introduction The case of Joshua Lee HAYNES v....

Affirmation of Death Sentence and Validity of Sentencing Instructions in People v. Pollock

Date: May 18, 2004

Affirmation of Death Sentence and Validity of Sentencing Instructions in People v. Pollock Introduction The case of The People v. Milton Ray Pollock (32 Cal.4th 1153) adjudicated by the Supreme Court...

Affirmation of Capital Murder Conviction in People v. Lenart: Implications for Evidence Admissibility and Jury Instructions

Date: May 7, 2004

Affirmation of Capital Murder Conviction in People v. Lenart: Implications for Evidence Admissibility and Jury Instructions Introduction People v. Thomas Howard Lenart (32 Cal.4th 1107, 2004) is a...

Limiting Property Owner Liability for Unforeseeable Third-Party Criminal Acts: Analysis of AARON WIENER et al. v. SOUTHCOAST CHILDCARECENTERS, INC.

Date: May 7, 2004

Limiting Property Owner Liability for Unforeseeable Third-Party Criminal Acts: Analysis of AARON WIENER et al. v. SOUTHCOAST CHILDCARECENTERS, INC. 1. Introduction The case of AARON WIENER et al. v....

LaMusga v. LaMusga: Clarifying Custodial Relocation Standards in California

Date: Apr 30, 2004

LaMusga v. LaMusga: Clarifying Custodial Relocation Standards in California Introduction In the landmark case of In re the Marriage of LaMusga (32 Cal.4th 1072, 2004), the Supreme Court of California...

Multiple Subdivision (d) Enhancements under Penal Code §12022.53: Insights from People v. Oates

Date: Apr 27, 2004

Multiple Subdivision (d) Enhancements under Penal Code §12022.53: Insights from People v. Oates Introduction People v. Jimmie Lee Oates, 32 Cal.4th 1048 (2004), addresses a critical interpretation of...

Trade Secrets and Public Disclosure: California Supreme Court Upholds Transparency in Insurance Data under Proposition 103

Date: Apr 27, 2004

Trade Secrets and Public Disclosure: California Supreme Court Upholds Transparency in Insurance Data under Proposition 103 Introduction In the landmark case State Farm Mutual Automobile Insurance...

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...