California Case Commentaries

Setoff Claims Under California Civil Procedure: CPS v. TIG Insurance Analysis

Date: Nov 15, 2002

Setoff Claims Under California Civil Procedure: CPS v. TIG Insurance Analysis Introduction In the landmark case of Construction Protective Services, Inc. v. TIG Specialty Insurance Company, the...

Strict Enforcement of Rule 2-200: Mandating Written Client Consent for Attorney Fee Divisions

Date: Nov 5, 2002

Strict Enforcement of Rule 2-200: Mandating Written Client Consent for Attorney Fee Divisions Introduction The case of Arthur Chambers v. Philip Kay (2002) serves as a pivotal decision by the Supreme...

Affirmation of Parental Rights Termination under Section 366.26(c)(1): Clarifying the Sibling Relationship Exception

Date: Sep 5, 2002

Affirmation of Parental Rights Termination under Section 366.26(c)(1): Clarifying the Sibling Relationship Exception Introduction The case In re L.Y.L., a Person Coming Under the Juvenile Court Law...

Defining 'Arising From' in Anti-SLAPP Context: Insights from CITY OF COTATI v. CASHMAN

Date: Aug 30, 2002

Defining 'Arising From' in Anti-SLAPP Context: Insights from CITY OF COTATI v. CASHMAN Introduction In the landmark case of City of Cotati, Plaintiff and Appellant v. Gene Cashman et al., Defendants...

California Supreme Court Establishes Objective Standard for Anti-SLAPP Motions

Date: Aug 30, 2002

California Supreme Court Establishes Objective Standard for Anti-SLAPP Motions Introduction In the landmark case Equilon Enterprises, LLC v. Consumer Cause, Inc. (29 Cal.4th 53, 2002), the Supreme...

NAVELLIER v. SLETTEN: Expanding Anti-SLAPP Protections to Include Contract and Fraud Claims

Date: Aug 30, 2002

NAVELLIER v. SLETTEN: Expanding Anti-SLAPP Protections to Include Contract and Fraud Claims 1. Introduction In the landmark case of NAVELLIER v. SLETTEN (29 Cal.4th 82, 2002), the Supreme Court of...

Brady Compliance with Five-Year Discovery Limit: Analysis of CITY OF LOS ANGELES v. SUPERIOR COURT of Los Angeles County

Date: Aug 27, 2002

Brady Compliance with Five-Year Discovery Limit: Analysis of CITY OF LOS ANGELES v. SUPERIOR COURT of Los Angeles County Introduction The case of CITY OF LOS ANGELES v. SUPERIOR COURT of Los Angeles...

Establishing the Reasonable Range for Effective Assistance of Counsel in Capital Sentencing: In re JESSE JAMES ANDREWS

Date: Aug 27, 2002

Establishing the Reasonable Range for Effective Assistance of Counsel in Capital Sentencing: In re JESSE JAMES ANDREWS Introduction The case of In re JESSE JAMES ANDREWS on Habeas Corpus (28 Cal.4th...

Reinforcing the Predatory Act Requirement: California's SVPA Commitments Under Scrutiny

Date: Aug 23, 2002

Reinforcing the Predatory Act Requirement: California's SVPA Commitments Under Scrutiny Introduction In the landmark case of The People v. Richard Hurtado (28 Cal.4th 1179, 2002), the California...

Expanding Vicarious Liability under Penal Code Section 12022.53: The CATHE PEOPLE v. ARTURO GARCIA Decision

Date: Aug 23, 2002

Expanding Vicarious Liability under Penal Code Section 12022.53: The CATHE PEOPLE v. ARTURO GARCIA Decision Introduction The case of CATHE PEOPLE v. ARTURO GARCIA revolves around the application of...

Reaffirmation of the Duran Standard: Use of Remote-Controlled Stun Belts in Courtrooms

Date: Aug 23, 2002

Reaffirmation of the Duran Standard: Use of Remote-Controlled Stun Belts in Courtrooms Introduction In the landmark case The People v. James Allen Mar, the Supreme Court of California grappled with...

Waiver of Custody Credits under Penal Code Section 2900.5: Insights from The PEOPLE v. JOHNSON

Date: Aug 20, 2002

Waiver of Custody Credits under Penal Code Section 2900.5: Insights from The PEOPLE v. JOHNSON Introduction The People v. Dale Howard Johnson (28 Cal.4th 1050, 2002) is a pivotal case in California's...

Establishing Rights Under Lost Insurance Policies: Comprehensive Analysis of Dart Industries v. Commercial Union Insurance

Date: Aug 20, 2002

Establishing Rights Under Lost Insurance Policies: Comprehensive Analysis of DART INDUSTRIES, INC. v. COMMERCIAL UNION INSurance Company Introduction DART INDUSTRIES, INC. v. COMMERCIAL UNION...

Clarifying the Break-in-Custody Exception to the Edwards No-Recontact Rule: PEOPLE v. STORM

Date: Aug 16, 2002

Clarifying the Break-in-Custody Exception to the Edwards No-Recontact Rule: PEOPLE v. STORM Introduction People v. Charles Edward Storm, 28 Cal.4th 1007 (2002), is a landmark decision by the Supreme...

Gutierrez v. The People (2002): Affirmation of Capital Murder Conviction and Application of Felony Murder and Special Circumstance Principles

Date: Aug 16, 2002

Gutierrez v. The People (2002): Affirmation of Capital Murder Conviction and Application of Felony Murder and Special Circumstance Principles Introduction Gutierrez v. The People is a landmark case...

Interplay of the Three Strikes and One Strike Laws: Comprehensive Analysis of PEOPLE v. ACOSTA

Date: Aug 16, 2002

Interplay of the Three Strikes and One Strike Laws: Comprehensive Analysis of PEOPLE v. ACOSTA Introduction In the landmark case PEOPLE v. ACOSTA (2002), the Supreme Court of California addressed the...

Defining "Relative" in Child Molestation Sentencing: Insights from The People v. James Bert Wutzke

Date: Aug 13, 2002

Defining "Relative" in Child Molestation Sentencing: Insights from The People v. James Bert Wutzke Introduction The People v. James Bert Wutzke (28 Cal.4th 923) is a landmark decision by the Supreme...

Evaluating Peremptory Challenges in Capital Cases: People v. McDermott

Date: Aug 13, 2002

Evaluating Peremptory Challenges in Capital Cases: People v. McDermott Introduction People v. McDermott is a landmark decision rendered by the Supreme Court of California on August 12, 2002. The case...

Appealability of Post-Judgment Motions to Vacate under Penal Code 1016.5: People v. Totari

Date: Aug 9, 2002

Appealability of Post-Judgment Motions to Vacate under Penal Code 1016.5: People v. Totari Introduction In People v. Zuheir Anis Totari, 28 Cal.4th 876 (2002), the Supreme Court of California...

Res Judicata and Declaratory Judgments: Insights from Mycogen Corp. v. Monsanto Co.

Date: Aug 9, 2002

Res Judicata and Declaratory Judgments: Insights from Mycogen Corp. v. Monsanto Co. Introduction Mycogen Corporation et al., Plaintiffs and Appellants v. Monsanto Company, Defendant and Respondent is...