California Case Commentaries

California Supreme Court Clarifies 'Willfully' in Tax Fraud Statutes

Date: Dec 8, 1998

California Supreme Court Clarifies 'Willfully' in Tax Fraud Statutes Introduction In the landmark case The People v. Johnny Ardean Hagen et al., the Supreme Court of California addressed critical...

Double Jeopardy Protection in Capital Cases: Key Insights from PEOPLE v. MASSIE

Date: Dec 1, 1998

Double Jeopardy Protection in Capital Cases: Key Insights from PEOPLE v. MASSIE Introduction Case Citation: The People, Plaintiff and Respondent, v. Robert Lee Massie, Defendant and Appellant, 19...

Actual Innocence as a Prerequisite for Legal Malpractice Claims: Kelvin Eugene Wiley v. County of San Diego

Date: Nov 24, 1998

Actual Innocence as a Prerequisite for Legal Malpractice Claims: Kelvin Eugene Wiley v. County of San Diego Introduction The case of Kelvin Eugene Wiley v. County of San Diego (19 Cal.4th 532, 1998)...

Affirmation of Death Penalty Upholds Rigorous Standards for Evidence Admissibility and Sentencing Instructions

Date: Nov 13, 1998

Affirmation of Death Penalty Upholds Rigorous Standards for Evidence Admissibility and Sentencing Instructions Introduction The case of The People v. Rudolph Jose Roybal, decided by the Supreme Court...

Consolidating Contractual Arbitration in Uninsured Motorist Coverage Cases: Mercury Insurance Group v. Superior Court of San Bernardino County

Date: Nov 10, 1998

Consolidating Contractual Arbitration in Uninsured Motorist Coverage Cases: Mercury Insurance Group v. Superior Court of San Bernardino County Introduction The case of Mercury Insurance Group v....

Affirmation of Voluntary Confession and Corpus Delicti in Multi-Faceted Criminal Conviction: People v. Ochoa

Date: Nov 6, 1998

Affirmation of Voluntary Confession and Corpus Delicti in Multi-Faceted Criminal Conviction: People v. Ochoa Introduction In the landmark case of People v. Ochoa (19 Cal.4th 353, 1998), the Supreme...

The Supreme Court of California Establishes Firm Precedent on Theft by Conditional Refund

Date: Nov 6, 1998

The Supreme Court of California Establishes Firm Precedent on Theft by Conditional Refund Introduction In the landmark case of The People v. Kenneth D. Davis (19 Cal.4th 301, 1998), the Supreme Court...

Strict Standards for Unilateral Contract Modifications: Insights from Badie v. Bank of America

Date: Nov 4, 1998

Strict Standards for Unilateral Contract Modifications: Insights from Badie v. Bank of America Introduction In Badie et al. v. Bank of America, the Court of Appeal of California addressed the...

Defamation in California: Private Figures and the Absence of Neutral Reportage Privilege in Khawar v. Globe International, Inc.

Date: Nov 3, 1998

Defamation in California: Private Figures and the Absence of Neutral Reportage Privilege in Khawar v. Globe International, Inc. Introduction In the landmark case Khalid Iqbal Khawar v. Globe...

Child Annoyance Not a Lesser Included Offense in Felony Lewd Act Cases: People v. Lopez

Date: Nov 3, 1998

Child Annoyance Not a Lesser Included Offense in Felony Lewd Act Cases: People v. Lopez Introduction Case Citation: The People, Plaintiff and Respondent, v. Caesar Augustus Lopez, Defendant and...

California Supreme Court Establishes Precedent Allowing Warrantless, Suspicionless Searches of Parolees

Date: Sep 22, 1998

California Supreme Court Establishes Precedent Allowing Warrantless, Suspicionless Searches of Parolees Introduction In the landmark case of People v. Rudolfo Reyes, decided by the Supreme Court of...

California Supreme Court Establishes Individualized Prejudice Standard for Appellate Review of Lesser Included Offense Instruction Omissions

Date: Sep 1, 1998

California Supreme Court Establishes Individualized Prejudice Standard for Appellate Review of Lesser Included Offense Instruction Omissions Introduction In the landmark case of THE PEOPLE, Plaintiff...

Overruling of PEOPLE v. GEIGER: Reaffirming Procedures for Jury Instructions on Lesser Included Offenses

Date: Sep 1, 1998

Overruling of PEOPLE v. GEIGER: Reaffirming Procedures for Jury Instructions on Lesser Included Offenses Introduction In the landmark decision People v. Lawrence Birks (1998) 19 Cal.4th 108, the...

Expanding the Public Policy Exception: FAA Regulations as Basis for Wrongful Termination Claims

Date: Sep 1, 1998

Expanding the Public Policy Exception: FAA Regulations as Basis for Wrongful Termination Claims Introduction The case of Richard Green v. Ralee Engineering Company (19 Cal.4th 66) marks a significant...

Judicial Deference to Administrative Interpretations in Taxation: Yamaha Corp. v. State Board of Equalization

Date: Aug 28, 1998

Judicial Deference to Administrative Interpretations in Taxation: Yamaha Corporation of America v. State Board of Equalization Introduction In Yamaha Corporation of America v. State Board of...

All Conspiracies to Commit Murder Constitute First-Degree Murder Conspiracies: Supreme Court Affirmation

Date: Aug 28, 1998

All Conspiracies to Commit Murder Constitute First-Degree Murder Conspiracies: Supreme Court Affirmation Introduction The People v. Mario Alberto Cortez, 18 Cal.4th 1223 (1998), adjudicated by the...

Quelimane Co. v. StewartTitle: Insurance Code Does Not Preclude UCL Claims for Unfair Competition

Date: Aug 28, 1998

Quelimane Co. v. StewartTitle: Insurance Code Does Not Preclude UCL Claims for Unfair Competition Introduction In the landmark case of Quelimane Company, Inc. et al. v. StewartTitle Guaranty Co. et...

Insured's Burden of Proof for 'Sudden and Accidental' Exceptions in Comprehensive General Liability Pollution Exclusions: Aydin Corporation v. First State Insurance

Date: Aug 21, 1998

Insured's Burden of Proof for 'Sudden and Accidental' Exceptions in Comprehensive General Liability Pollution Exclusions: Aydin Corporation v. First State Insurance Introduction In Aydin Corporation...

Labor Code Section 132a Does Not Preclude FEHA and Common Law Claims for Disability Discrimination

Date: Aug 18, 1998

Labor Code Section 132a Does Not Preclude FEHA and Common Law Claims for Disability Discrimination Introduction The case of CITY OF MOORPARK et al. v. THE SUPERIOR COURT OF VENTURACOUNTY, decided by...

Admissibility of Voluntary Intoxication in Aiding and Abetting Cases Affirmed: People v. Mendoza et al.

Date: Aug 14, 1998

Admissibility of Voluntary Intoxication in Aiding and Abetting Cases Affirmed: People v. Mendoza et al. Introduction In the landmark case of People v. Jose Luis Mendoza et al. (18 Cal.4th 1114,...

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