California Case Commentaries

Article XIII B Section 6 Mandates: Requiring State Reimbursement for New Programs on Counties

Date: Mar 4, 1997

Article XIII B Section 6 Mandates: Requiring State Reimbursement for New Programs on Counties Introduction In the landmark case of County of San Diego v. The State of California et al. (15 Cal.4th...

Strict Intent Requirements for Felony-Murder Special Circumstances: People v. Sammy Marshall (1997)

Date: Feb 28, 1997

Strict Intent Requirements for Felony-Murder Special Circumstances: People v. Sammy Marshall (1997) Introduction People v. Sammy Marshall is a seminal case decided by the Supreme Court of California...

CUAFRA Section 24361: Scope of Cancellation Notice Requirements Limited to Post-Accident Filed Policies

Date: Feb 21, 1997

CUAFRA Section 24361: Scope of Cancellation Notice Requirements Limited to Post-Accident Filed Policies Introduction The Supreme Court of California's decision in Mary Ruth Escobedo v. Estate of...

Mandatory Declaration in Juvenile "Wobbler" Cases: In re MANZY W. and the Implications of Welfare and Institutions Code Section 702

Date: Feb 21, 1997

Mandatory Declaration in Juvenile "Wobbler" Cases: In re MANZY W. and the Implications of Welfare and Institutions Code Section 702 Introduction In the landmark case In re MANZY W., the Supreme Court...

Expanding Premises Liability: Duty of Landlords Over Adjacent Public Property

Date: Feb 1, 1997

Expanding Premises Liability: Duty of Landlords Over Adjacent Public Property Introduction Case: Gilardo C. Alcaraz, Plaintiff and Appellant, v. Peter Vece et al., Defendants and Respondents. Court:...

Judicial Authority to Enjoin Gang-Related Public Nuisances: People ex rel. Gallo v. Acuna et al. (14 Cal.4th 1090)

Date: Jan 31, 1997

Judicial Authority to Enjoin Gang-Related Public Nuisances: People ex rel. Gallo v. Acuna et al. (14 Cal.4th 1090) Introduction The landmark case of People ex rel. Joan R. Gallo, as City Attorney,...

Negligent Misrepresentation in Employment References: Randi W. v. Muroc Joint Unified School District

Date: Jan 28, 1997

Negligent Misrepresentation in Employment References: Randi W. v. Muroc Joint Unified School District (14 Cal.4th 1066) Introduction The case of Randi W., a Minor, etc., Plaintiff and Appellant, v....

Reversal of Robbery Conviction in People v. Bradford: Implications for Miranda Rights and Jury Instructions

Date: Jan 24, 1997

Reversal of Robbery Conviction in People v. Bradford: Implications for Miranda Rights and Jury Instructions Introduction Case: The People, Plaintiff and Respondent, v. Mark Alan Bradford, Defendant...

Preservation of Judicial Sentencing Discretion Under the Three Strikes Law: An Analysis of The People v. Superior Court of Los Angeles County

Date: Jan 17, 1997

Preservation of Judicial Sentencing Discretion Under the Three Strikes Law: An Analysis of The People v. Superior Court of Los Angeles County Introduction The People v. Superior Court of Los Angeles...

Limits on Universal Employment-Related Drug Testing: Loder v. City of Glendale Establishes Distinction Between Current Employee Promotions and Job Applicants

Date: Jan 7, 1997

Limits on Universal Employment-Related Drug Testing: Loder v. City of Glendale Establishes Distinction Between Current Employee Promotions and Job Applicants Introduction LORRAINE LODER, Plaintiff...

Affirming Death Penalty under Special Circumstances: People v. Mayfield

Date: Jan 3, 1997

Affirming Death Penalty under Special Circumstances: People v. Mayfield Introduction The case of People v. Dennis Mayfield (14 Cal.4th 668, 1997) represents a significant decision by the Supreme...

Supreme Court Interpretation of Education Code §44919(b) Regarding Hiring Preferences for Athletic Coaches

Date: Jan 3, 1997

Supreme Court Interpretation of Education Code §44919(b) Regarding Hiring Preferences for Athletic Coaches Introduction In the landmark case of California Teachers Association et al. v. Governing...

Affirmation of Child Protection in Cases of Secondary Abuse Due to Domestic Violence: In re Heather A. et al.

Date: Dec 25, 1996

Affirmation of Child Protection in Cases of Secondary Abuse Due to Domestic Violence: In re Heather A. et al. Introduction The case of In re Heather A. et al. addresses critical issues surrounding...

Disqualification of Prosecutor Due to Victim's Financial Assistance: People v. Eubanks

Date: Dec 24, 1996

Disqualification of Prosecutor Due to Victim's Financial Assistance: People v. Eubanks Introduction In the landmark case of People v. Eubanks et al., decided by the Supreme Court of California on...

People v. Gardeley: Defining "Pattern of Criminal Gang Activity" Under the STEP Act

Date: Dec 24, 1996

People v. Gardeley: Defining "Pattern of Criminal Gang Activity" Under the STEP Act Introduction In People v. Rochelle Lonel Gardeley et al. (14 Cal.4th 605, 1996), the Supreme Court of California...

State Administrative Policies as Binding Regulations Under the APA: Tidewater Marine Western, Inc. v. Bradshaw Analysis

Date: Dec 20, 1996

State Administrative Policies as Binding Regulations Under the APA: Tidewater Marine Western, Inc. v. Bradshaw Analysis Introduction The Tidewater Marine Western, Inc., et al. v. Victoria L. Bradshaw...

California Supreme Court Affirms Transferred Intent Doctrine in Murder Liability

Date: Dec 20, 1996

California Supreme Court Affirms Transferred Intent Doctrine in Murder Liability Introduction In the landmark case of THE PEOPLE, Plaintiff and Respondent, v. DAMIEN SCOTT et al., decided on December...

Statute of Limitations for Wrongful Termination: Actual Termination Date as Trigger

Date: Dec 17, 1996

Statute of Limitations for Wrongful Termination: Actual Termination Date as Trigger Introduction In the landmark case of William P. Romano v. Rockwell International, Inc. (14 Cal.4th 479), the...

Enforcement of Arbitration Clauses in the Presence of Fraud: Rosenthal v. Great Western Financial Securities Corporation

Date: Dec 13, 1996

Enforcement of Arbitration Clauses in the Presence of Fraud: Rosenthal v. Great Western Financial Securities Corporation Introduction In Rosenthal et al. v. Great Western Financial Securities...

Vons v. Seabest Foods: Expanding Specific Personal Jurisdiction in Franchise Litigation

Date: Dec 13, 1996

Vons v. Seabest Foods: Expanding Specific Personal Jurisdiction in Franchise Litigation Introduction The case of Vons Companies, Inc. v. Seabest Foods, Inc. (14 Cal.4th 434) addresses the critical...

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