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  • Commentaries
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California Case Commentaries

Interest Not Considered Part of Tax Prepayment Requirement in Refund Claims - Agnew v. State Board of Equalization

Interest Not Considered Part of Tax Prepayment Requirement in Refund Claims - Agnew v. State Board of Equalization

Date: Aug 13, 1999
Interest Not Considered Part of Tax Prepayment Requirement in Refund Claims - Agnew v. State Board of Equalization Introduction Dan J. Agnew v. California State Board of Equalization, 21 Cal.4th 310...
Recovery of Noneconomic Damages in Wrongful Death Actions Under Civil Code Section 3333.4

Recovery of Noneconomic Damages in Wrongful Death Actions Under Civil Code Section 3333.4

Date: Aug 10, 1999
Recovery of Noneconomic Damages in Wrongful Death Actions Under Civil Code Section 3333.4 Introduction In the landmark case of Benjamin R. Horwich v. The Superior Court of Los Angeles County, decided...
Judicial Deference to Community Association Boards: Lamden v. La Jolla Shores Clubdominium

Judicial Deference to Community Association Boards: Lamden v. La Jolla Shores Clubdominium

Date: Aug 10, 1999
Judicial Deference to Community Association Boards: Lamden v. La Jolla Shores Clubdominium Introduction Lamden v. La Jolla Shores Clubdominium is a landmark decision by the Supreme Court of...
Insurers Excluded from Direct Victim Status in Mandatory Restitution under California Law

Insurers Excluded from Direct Victim Status in Mandatory Restitution under California Law

Date: Aug 6, 1999
Insurers Excluded from Direct Victim Status in Mandatory Restitution under California Law Introduction The People v. Terry Eugene Birkett (21 Cal.4th 226) is a landmark decision by the Supreme Court...
Doubling of Statutory Minimum Terms under the Three Strikes Law: A Comprehensive Analysis of The People v. Walter Jefferson et al.

Doubling of Statutory Minimum Terms under the Three Strikes Law: A Comprehensive Analysis of The People v. Walter Jefferson et al.

Date: Aug 3, 1999
Doubling of Statutory Minimum Terms under the Three Strikes Law: A Comprehensive Analysis of The People v. Walter Jefferson et al. Introduction The People v. Walter Jefferson et al. (21 Cal.4th 86,...
California Supreme Court Upholds Injunction Against Racial Epithets in Workplace: Insights from Aguilar v. Avis Rent A Car System, Inc.

California Supreme Court Upholds Injunction Against Racial Epithets in Workplace: Insights from Aguilar v. Avis Rent A Car System, Inc.

Date: Aug 3, 1999
California Supreme Court Upholds Injunction Against Racial Epithets in Workplace: Insights from Aguilar v. Avis Rent A Car System, Inc. Introduction In the landmark case of Oscar Aguilar et al. v....
Uninsured Motorists and Products Liability: Clarifying the Scope of California's Proposition 213

Uninsured Motorists and Products Liability: Clarifying the Scope of California's Proposition 213

Date: Aug 3, 1999
Uninsured Motorists and Products Liability: Clarifying the Scope of California's Proposition 213 Introduction In the landmark case of Benjamin Hodges, a Minor, etc., v. The Superior Court of Santa...
Clarifying the Three Strikes Law: Juvenile Adjudications and Wardship Requirements

Clarifying the Three Strikes Law: Juvenile Adjudications and Wardship Requirements

Date: Jul 30, 1999
Clarifying the Three Strikes Law: Juvenile Adjudications and Wardship Requirements Introduction The People v. Edwin Gilmore Garcia (21 Cal.4th 1, 1999) is a landmark decision by the Supreme Court of...
Refining Causation Pleading Standards in Multi-Defendant Products Liability: Bockrath v. Aldrich Chemical Co.

Refining Causation Pleading Standards in Multi-Defendant Products Liability: Bockrath v. Aldrich Chemical Co.

Date: Jul 30, 1999
Refining Causation Pleading Standards in Multi-Defendant Products Liability: Bockrath v. Aldrich Chemical Co. Introduction Bockrath v. Aldrich Chemical Co., Inc., et al. (21 Cal.4th 71, 1999) is a...
Limitation of Tort Remedies in Construction Performance Bonds: Insights from Cates Construction v. Talbot Partners

Limitation of Tort Remedies in Construction Performance Bonds: Insights from Cates Construction v. Talbot Partners

Date: Jul 30, 1999
Limitation of Tort Remedies in Construction Performance Bonds: Insights from Cates Construction v. Talbot Partners Introduction The Supreme Court of California, in the landmark case of CATES...
Vicarious Disqualification Applies to 'Of Counsel' Attorneys in Conflicting Representations

Vicarious Disqualification Applies to 'Of Counsel' Attorneys in Conflicting Representations

Date: Jul 28, 1999
Vicarious Disqualification Applies to 'Of Counsel' Attorneys in Conflicting Representations Introduction In the landmark case THE PEOPLE ex rel. DEPARTMENT OF CORPORATIONS, Plaintiff, v. SPEEDEE...
NBC Subsidiary v. Superior Court of Los Angeles County: Reinforcing Open Court Principles in Civil Proceedings

NBC Subsidiary v. Superior Court of Los Angeles County: Reinforcing Open Court Principles in Civil Proceedings

Date: Jul 28, 1999
NBC Subsidiary v. Superior Court of Los Angeles County: Reinforcing Open Court Principles in Civil Proceedings Introduction NBC Subsidiary (KNBC-TV), Inc., et al. v. The Superior Court of Los Angeles...
Scott Co. v. Blount: Affirming Recovery of Preoffer and Post-Offer Attorney Fees under California Law

Scott Co. v. Blount: Affirming Recovery of Preoffer and Post-Offer Attorney Fees under California Law

Date: Jul 20, 1999
Scott Co. v. Blount: Affirming Recovery of Preoffer and Post-Offer Attorney Fees under California Law Introduction Scott Co. of California brought a legal action against Blount, Inc., the general...
Limiting Posttrial Juror Contact: California Supreme Court Upholds Trial Court’s Authority in People v. Townsel

Limiting Posttrial Juror Contact: California Supreme Court Upholds Trial Court’s Authority in People v. Townsel

Date: Jul 16, 1999
Limiting Posttrial Juror Contact: California Supreme Court Upholds Trial Court’s Authority in People v. Townsel Introduction In Anthony Letrice Townsel v. Superior Court of Madera County, the...
California Supreme Court Upholds Death Penalty for George Hatton Smithey, Clarifies Standards for Mental Disorder Defenses

California Supreme Court Upholds Death Penalty for George Hatton Smithey, Clarifies Standards for Mental Disorder Defenses

Date: Jul 2, 1999
California Supreme Court Upholds Death Penalty for George Hatton Smithey, Clarifies Standards for Mental Disorder Defenses Introduction Case: The People, Plaintiff and Respondent, v. George Hatton...
People v. Ricky Lee Earp (20 Cal.4th 826): Upholding Capital Conviction Amid Challenges on Jury Selection and Prosecutorial Conduct

People v. Ricky Lee Earp (20 Cal.4th 826): Upholding Capital Conviction Amid Challenges on Jury Selection and Prosecutorial Conduct

Date: Jun 25, 1999
People v. Ricky Lee Earp (20 Cal.4th 826): Upholding Capital Conviction Amid Challenges on Jury Selection and Prosecutorial Conduct Introduction In People v. Ricky Lee Earp (20 Cal.4th 826), the...
Affirmation of Independent Judgment Review Standard under Code of Civil Procedure Section 1094.5 in Fukuda v. City of Angels

Affirmation of Independent Judgment Review Standard under Code of Civil Procedure Section 1094.5 in Fukuda v. City of Angels

Date: Jun 22, 1999
Affirmation of Independent Judgment Review Standard under Code of Civil Procedure Section 1094.5 in Fukuda v. City of Angels Introduction Timothy Fukuda v. City of Angels, 20 Cal.4th 805 (1999), is a...
Defining the "Outside Salesperson" Under California Labor Law: Insights from Ramirez v. Yosemite Water Company

Defining the "Outside Salesperson" Under California Labor Law: Insights from Ramirez v. Yosemite Water Company

Date: Jun 18, 1999
Defining the "Outside Salesperson" Under California Labor Law: Insights from Ramirez v. Yosemite Water Company Introduction Ramirez v. Yosemite Water Company is a pivotal case decided by the Supreme...
Reaffirming Standards for Ineffective Assistance of Counsel in Habeas Corpus Proceedings – In Re Armenia Cudjo

Reaffirming Standards for Ineffective Assistance of Counsel in Habeas Corpus Proceedings – In Re Armenia Cudjo

Date: Jun 8, 1999
Reaffirming Standards for Ineffective Assistance of Counsel in Habeas Corpus Proceedings – In Re Armenia Cudjo Introduction In Re Armenia Levi Cudjo, Jr., On Habeas Corpus. (20 Cal.4th 673) is a...
Discretion in Applying Three Strikes: Striking Prior Convictions on a Count-by-Count Basis

Discretion in Applying Three Strikes: Striking Prior Convictions on a Count-by-Count Basis

Date: Jun 2, 1999
Discretion in Applying Three Strikes: Striking Prior Convictions on a Count-by-Count Basis Introduction The People v. Jerry Garcia (20 Cal.4th 490) is a landmark decision by the Supreme Court of...
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