California Case Commentaries

New Precedent on Public Pension Reform: California Supreme Court Upholds PEPRA Amendments Under Contract Clause

Date: Jul 31, 2020

New Precedent on Public Pension Reform: California Supreme Court Upholds PEPRA Amendments Under Contract Clause Introduction The case of Alameda County Deputy Sheriff's Association et al. v. Alameda...

Clarity in Appellate Review: Upholding the Clear and Convincing Evidence Standard in Conservatorship Cases

Date: Jul 28, 2020

Clarity in Appellate Review: Upholding the Clear and Convincing Evidence Standard in Conservatorship Cases Introduction The case of Conservatorship of the Person of O.B. T.B. et al., as...

Enhanced Pleading Requirements for Vicarious Firearm Discharge Under Penal Code §12022.53(e) Established in People v. Anderson

Date: Jul 24, 2020

Enhanced Pleading Requirements for Vicarious Firearm Discharge Under Penal Code §12022.53(e) Established in People v. Anderson Introduction In the landmark case People v. Anderson (9 Cal.5th 946,...

Community Property Presumption Over Title Form in Bankruptcy Disputes: In re Brace

Date: Jul 24, 2020

Community Property Presumption Over Title Form in Bankruptcy Disputes: In re Brace Introduction In re Clifford Allen Brace, Jr. is a landmark decision by the Supreme Court of California dated July...

Robinson v. Lewis: Establishing a 120-Day Safe Harbor for Gap Delay in California Habeas Corpus Proceedings

Date: Jul 21, 2020

Robinson v. Lewis: Establishing a 120-Day Safe Harbor for Gap Delay in California Habeas Corpus Proceedings Introduction In the landmark case of Julius M. Robinson v. G. W. Lewis (9 Cal.5th 883,...

California Supreme Court Clarifies Procedural Boundaries Between Eminent Domain and Inverse Condemnation Actions

Date: Jul 17, 2020

California Supreme Court Clarifies Procedural Boundaries Between Eminent Domain and Inverse Condemnation Actions Introduction In the landmark case EVAN WEISS et al., Plaintiffs and Appellants, v. THE...

Affirmation of Warrantless Probation Searches and Evidence Admissibility in Capital Cases: People v. Eduardo David Vargas

Date: Jul 14, 2020

Affirmation of Warrantless Probation Searches and Evidence Admissibility in Capital Cases: People v. Eduardo David Vargas Introduction In the case of The People v. Eduardo David Vargas, decided by...

Equitable Tolling in Administrative Mandates: Saint Francis Memorial Hospital v. State Dept. of Public Health

Date: Jun 30, 2020

Equitable Tolling in Administrative Mandates: Saint Francis Memorial Hospital v. State Department of Public Health Introduction The Supreme Court of California's decision in Saint Francis Memorial...

Ward v. United Airlines: Cal. Supreme Court Clarifies Application of Labor Code §226 to Base-Operated Interstate Workers

Date: Jun 30, 2020

Ward v. United Airlines: Cal. Supreme Court Clarifies Application of Labor Code §226 to Base-Operated Interstate Workers Introduction In Ward v. United Airlines, Inc., the Supreme Court of California...

California Wage Law Applicability to Out-of-State Flight Attendants: Oman v. Delta Air Lines

Date: Jun 30, 2020

California Wage Law Applicability to Out-of-State Flight Attendants: Oman v. Delta Air Lines Introduction Oman v. Delta Air Lines, Inc. (9 Cal.5th 762) is a landmark decision by the Supreme Court of...

California Supreme Court Affirms District Attorneys' Authority to Enforce Unfair Competition Law Beyond County Borders

Date: Jun 26, 2020

California Supreme Court Affirms District Attorneys' Authority to Enforce Unfair Competition Law Beyond County Borders Introduction The case of Abbott Laboratories et al. v. Superior Court of Orange...

Refining 'Reckless Indifference to Human Life' in Special Circumstances: Analysis of In re Willie Scoggins

Date: Jun 26, 2020

Refining 'Reckless Indifference to Human Life' in Special Circumstances: Analysis of In re Willie Scoggins Introduction In re Willie Scoggins on Habeas Corpus (9 Cal.5th 667) is a landmark decision...

Retroactive Application of Senate Bill 1393 to Plea Agreements: People v. Stamps Sets New Precedent

Date: Jun 26, 2020

Retroactive Application of Senate Bill 1393 to Plea Agreements: People v. Stamps Sets New Precedent Introduction People v. William Stamps is a landmark decision by the Supreme Court of California,...

Retroactive Application of Mental Health Diversion Statutes: People v. Frahs Establishes New Precedent

Date: Jun 19, 2020

Retroactive Application of Mental Health Diversion Statutes: People v. Frahs Establishes New Precedent Introduction In People v. Frahs (9 Cal.5th 618, 2020), the Supreme Court of California addressed...

People v. Miles: Upholding Batson Standards and Deference in Racial Juror Selection

Date: May 29, 2020

People v. Miles: Upholding Batson Standards and Deference in Racial Juror Selection Introduction People v. Johnny Duane Miles is a significant case adjudicated by the Supreme Court of California on...

Enhanced Standards for Pretrial Detention Under California Constitution

Date: May 22, 2020

Enhanced Standards for Pretrial Detention Under California Constitution Introduction In re Christopher Lee White on Habeas Corpus (9 Cal.5th 455) is a landmark decision by the Supreme Court of...

Limits on Prosecutorial Vouching for Witness Credibility: An Analysis of People v. Rodriguez

Date: May 22, 2020

Limits on Prosecutorial Vouching for Witness Credibility: An Analysis of People v. Rodriguez Introduction The criminal trial process hinges significantly on the credibility of witnesses and the...

Affirmation of Triple First-Degree Murder Conviction and Death Sentence in The People v. Flores III: A Comprehensive Commentary on Procedural and Evidentiary Upholding of Capital Punishment

Date: May 5, 2020

Affirmation of Triple First-Degree Murder Conviction and Death Sentence in The People v. Flores III: A Comprehensive Commentary on Procedural and Evidentiary Upholding of Capital Punishment...

Supreme Court of California Establishes Equitable Nature of UCL and FAL Actions, Eliminating Right to Jury Trial

Date: May 1, 2020

Supreme Court of California Establishes Equitable Nature of UCL and FAL Actions, Eliminating Right to Jury Trial Introduction In the landmark case of Nationwide Biweekly Administration, Inc., et al....

Clarifying Penal Code section 459.5(b): Insights from People v. Lopez

Date: May 1, 2020

Clarifying Penal Code section 459.5(b): Insights from People v. Lopez Introduction The case of People v. Lopez, decided by the Supreme Court of California on April 30, 2020, addresses significant...

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