California Case Commentaries

The Powell Rule Reaffirmed: Upholding Voluntary Manslaughter Convictions Despite Provocation Issues

Date: Mar 5, 1999

The Powell Rule Reaffirmed: Upholding Voluntary Manslaughter Convictions Despite Provocation Issues Introduction The People v. Steven B. Lee, 20 Cal.4th 47 (1999), adjudicated by the Supreme Court of...

Reckless Neglect in Elder Care: Clarifying Remedies under California's Elder Abuse and Dependent Adults Civil Protection Act

Date: Mar 5, 1999

Reckless Neglect in Elder Care: Clarifying Remedies under California's Elder Abuse and Dependent Adults Civil Protection Act Introduction In the landmark case of Kay Delaney v. Calvin Baker, Sr., et...

Admissibility of Impeachment Evidence and Sufficiency of Circumstantial Evidence in Criminal Convictions: People v. Carlos Rodriguez

Date: Feb 26, 1999

Admissibility of Impeachment Evidence and Sufficiency of Circumstantial Evidence in Criminal Convictions: People v. Carlos Rodriguez Introduction The case of The People v. Carlos Rodriguez (20...

Establishing Rigorous Standards for Termination of Parental Rights in Juvenile Dependency Cases: Insights from In re Casey D.

Date: Feb 23, 1999

Establishing Rigorous Standards for Termination of Parental Rights in Juvenile Dependency Cases: Insights from In re Casey D. Introduction The case of In re Casey D., adjudicated by the Court of...

Oral Argument Not Mandatory Before Issuance of Peremptory Writs in California Appellate Courts

Date: Feb 9, 1999

Oral Argument Not Mandatory Before Issuance of Peremptory Writs in California Appellate Courts Introduction In the landmark case of James T. Lewis, Petitioner, v. The Superior Court of San Bernardino...

General Criminal Intent Suffices for Felony Child Abuse under Penal Code § 273a(1)

Date: Feb 2, 1999

General Criminal Intent Suffices for Felony Child Abuse under Penal Code § 273a(1) Introduction In the landmark decision of The People v. Michael Daniel Sargent, Sr. (19 Cal.4th 1206, 1999), the...

California Supreme Court Expands Anti-SLAPP Protections: Briggs v. Eden Council

Date: Jan 22, 1999

California Supreme Court Expands Anti-SLAPP Protections: Briggs v. Eden Council Introduction Dan Briggs et al. v. Eden Council for Hope Opportunity was a significant case decided by the Supreme Court...

Upheld Standards for Involuntary Commitment of Sexually Violent Predators under California's SVPA

Date: Jan 22, 1999

Upheld Standards for Involuntary Commitment of Sexually Violent Predators under California's SVPA Introduction In the landmark case of Christopher Evans Hubbart v. The Superior Court of Santa Clara...

Strict Compliance Required for Appeal: People v. Trino Villa Mendez Sets Clear Precedent in Appellate Procedures

Date: Jan 15, 1999

Strict Compliance Required for Appeal: People v. Trino Villa Mendez Sets Clear Precedent in Appellate Procedures Introduction People v. Trino Villa Mendez (19 Cal.4th 1084, 1999) is a landmark...

Broadening the Reach of California's Corporate Securities Law: Out-of-State Investor Remedies Affirmed in Diamond Multimedia v. Superior Court

Date: Jan 5, 1999

Broadening the Reach of California's Corporate Securities Law: Out-of-State Investor Remedies Affirmed in Diamond Multimedia v. Superior Court Introduction The case of Diamond Multimedia Systems,...

Judicial Accountability: The Removal of Judge Thomas B. Fletcher for Pervasive Misconduct

Date: Jan 1, 1999

Judicial Accountability: The Removal of Judge Thomas B. Fletcher for Pervasive Misconduct Introduction Thomas B. Fletcher, a Judge of the Superior Court in Madera County, California, faced...

Supervisory Liability Limitations for School Districts: Insights from Hoff v. Vacaville Unified School District

Date: Jan 1, 1999

Supervisory Liability Limitations for School Districts: Insights from Hoff v. Vacaville Unified School District Introduction Hoff v. Vacaville Unified School District is a seminal decision by the...

Kobzoff v. Los Angeles County: Clarifying Recovery of Defense Costs Under CCP §1038

Date: Dec 29, 1998

Kobzoff v. Los Angeles County: Clarifying Recovery of Defense Costs Under CCP §1038 Introduction Kobzoff et al. v. Los Angeles County Harbor/UCLA Medical Center et al. (19 Cal.4th 851, 1998) is a...

Multiplicity of Convictions in Robbery and Carjacking: Supreme Court of California’s Ruling in THE PEOPLE v. ERNESTO ORTEGA et al.

Date: Dec 18, 1998

Multiplicity of Convictions in Robbery and Carjacking: Supreme Court of California’s Ruling in THE PEOPLE v. ERNESTO ORTEGA et al. Introduction In the landmark case of THE PEOPLE, Plaintiff and...

Civil Code Section 847 Immunity for Negligent and Justifiable Intentional Conduct: Analysis of SALVADOR CALVILLO-SILVA v. HOME GROCERY

Date: Dec 18, 1998

Civil Code Section 847 Immunity for Negligent and Justifiable Intentional Conduct: Analysis of SALVADOR CALVILLO-SILVA v. HOME GROCERY Introduction In the landmark case of SALVADOR CALVILLO-SILVA et...

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....