California Case Commentaries

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

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

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

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

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

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

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

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...

Affirmation of Capital Conviction in People v. Hart: Upholding Existing Legal Principles

Date: Jun 2, 1999

Affirmation of Capital Conviction in People v. Hart: Upholding Existing Legal Principles Introduction In the landmark decision of People v. Hart, 20 Cal.4th 546 (1999), the Supreme Court of...

Limitation of Right to Action Under Bagley-Keene Act to Present and Future Violations

Date: Jun 2, 1999

Limitation of Right to Action Under Bagley-Keene Act to Present and Future Violations Introduction In the landmark case of The Regents of the University of California et al. v. Tim Molloy et al. (20...

Welch v. The People: Affirmation of Death Penalty and Standards for Competency in Self-Representation

Date: Jun 2, 1999

Welch v. The People: Affirmation of Death Penalty and Standards for Competency in Self-Representation Introduction In The People v. David Esco Welch, the Supreme Court of California addressed...

Expansion of California Jurisdiction Over Conspiracies to Commit Out-of-State Crimes

Date: May 18, 1999

Expansion of California Jurisdiction Over Conspiracies to Commit Out-of-State Crimes Introduction In The People v. Isabel Morante (20 Cal.4th 403, 1999), the Supreme Court of California addressed...

Limitation of Insurer Liability for Punitive Damages: Insights from PPG Industries v. Transamerica Insurance Company

Date: May 11, 1999

Limitation of Insurer Liability for Punitive Damages: Insights from PPG Industries v. Transamerica Insurance Company Introduction PPG Industries, Inc. v. Transamerica Insurance Company (1999) is a...

Maintaining Juror Impartiality: Standards for Habeas Corpus Challenges in California

Date: May 7, 1999

Maintaining Juror Impartiality: Standards for Habeas Corpus Challenges in California Introduction In re Michael Allen Hamilton, On Habeas Corpus is a significant judgment delivered by the Supreme...

Cel-Tech Communications v. Los Angeles Cellular: Establishing the Purpose Requirement in Unfair Practices and Competition Law

Date: Apr 9, 1999

Cel-Tech Communications v. Los Angeles Cellular: Establishing the Purpose Requirement in Unfair Practices and Competition Law Introduction The case of Cel-Tech Communications, Inc., et al. v. Los...

Revising the Asportation Standard in Kidnapping Cases: People v. Martinez

Date: Apr 9, 1999

Revising the Asportation Standard in Kidnapping Cases: People v. Martinez Introduction In The People v. Samuel Martinez (20 Cal.4th 225), the Supreme Court of California addressed pivotal questions...

Establishing Non-Retroactive Application of Penal Code Section 288.5 in Continuous Sexual Abuse Cases

Date: Apr 2, 1999

Establishing Non-Retroactive Application of Penal Code Section 288.5 in Continuous Sexual Abuse Cases Introduction The People, Plaintiff and Respondent, v. Floyd Love Grant, Defendant and Appellant...

Preclusion of Unexpected Expert Testimony: Analysis of Bonds v. Roy

Date: Mar 30, 1999

Preclusion of Unexpected Expert Testimony: Analysis of Bonds v. Roy Introduction Bonds v. Roy is a significant case decided by the Supreme Court of California on March 29, 1999. The case revolves...

Enhanced Specificity Requirements for Motions to Suppress Evidence: Analysis of PEOPLE v. WILLIAMS

Date: Mar 30, 1999

Enhanced Specificity Requirements for Motions to Suppress Evidence: Analysis of PEOPLE v. WILLIAMS Introduction The case of The People v. John David Williams (20 Cal.4th 119) represents a significant...

Application of MICRA's Damages Cap to EMTALA Claims: Dawnelle Barris v. County of Los Angeles

Date: Mar 26, 1999

Application of MICRA's Damages Cap to EMTALA Claims: Dawnelle Barris v. County of Los Angeles Introduction The case of Dawnelle Barris v. County of Los Angeles addresses the intersection of federal...