California Case Commentaries

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....

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...