California Case Commentaries

Legitimate Grounds for Detention During Warrant Searches: Analysis of THE PEOPLE v. RONNY GLASER

Date: Oct 13, 1995

Legitimate Grounds for Detention During Warrant Searches: Analysis of THE PEOPLE v. RONNY GLASER Introduction THE PEOPLE, Plaintiff and Respondent, v. RONNY GLASER, Defendant and Appellant (11...

Establishing Wrongfulness in Tortious Interference: Della Penna v. Toyota Sets New Precedent

Date: Oct 13, 1995

Establishing Wrongfulness in Tortious Interference: Della Penna v. Toyota Sets New Precedent Introduction In the landmark case of John Della Penna v. Toyota Motor Sales, U.S.A., Inc., adjudicated by...

Exemption of Local Public Entities from 10% Postjudgment Interest Rates Under Code of Civil Procedure

Date: Oct 6, 1995

Exemption of Local Public Entities from 10% Postjudgment Interest Rates Under Code of Civil Procedure Introduction California Federal Savings and Loan Association et al. v. City of Los Angeles (11...

Attorney Litigants in Propria Persona Cannot Recover Reasonable Attorney’s Fees Under Civil Code Section 1717

Date: Oct 3, 1995

Attorney Litigants in Propria Persona Cannot Recover Reasonable Attorney’s Fees Under Civil Code Section 1717 Introduction The case of Sorrell Trope et al. v. Bertram Bernard Katz (1995) addressed a...

Affirming Statutory Voter Approval Requirements for Special Taxes: Santa Clara County v. Guardino

Date: Sep 29, 1995

Affirming Statutory Voter Approval Requirements for Special Taxes: Santa Clara County v. Guardino Introduction Santa Clara County Local Transportation Authority v. Guardino is a landmark decision by...

Section 85 of the National Bank Act: Inclusion of Late Payment Fees under 'Interest' Definition

Date: Sep 2, 1995

Section 85 of the National Bank Act: Inclusion of Late Payment Fees under 'Interest' Definition Introduction The case of Barbara Smiley v. Citibank (South Dakota) N.A. tackled the intricate interplay...

Overruling Seaman's: New Precedent on Tort Recovery in Commercial Contract Breaches

Date: Sep 1, 1995

Overruling Seaman's: New Precedent on Tort Recovery in Commercial Contract Breaches Introduction The case of Freeman Mills, Incorporated v. Belcher OilCompany represents a pivotal moment in...

Alliance Mortgage Co. v. Samuelrothwell: Affirmation of Fraud Claims Post-Full Credit Bid

Date: Aug 29, 1995

Alliance Mortgage Co. v. Samuelrothwell: Affirmation of Fraud Claims Post-Full Credit Bid Introduction In the landmark case Alliance Mortgage Company, Plaintiff and Appellant, v. Laurie...

Defining Insurer's Duty to Defend Non-Covered Economic Torts in CGL Policies: Truck Insurance Exchange v. Waller

Date: Aug 29, 1995

No Duty to Defend under CGL Policies for Emotional Distress from Non-Covered Economic Losses: Truck Insurance Exchange v. Waller Introduction The case of Truck Insurance Exchange, Inc. v. Waller (11...

Comprehensive Commentary on People v. Hoffard: Expansion of Appellate Review in Guilty Plea Cases

Date: Aug 22, 1995

People v. Hoffard: Expansion of Appellate Review in Guilty Plea Cases Introduction In The People v. Randall Eugene Hoffard (10 Cal.4th 1170, 1995), the Supreme Court of California addressed...

California Supreme Court Clarifies Directory Nature of Government Code Section 18671.1 in Personnel Appeals

Date: Aug 18, 1995

California Supreme Court Clarifies Directory Nature of Government Code Section 18671.1 in Personnel Appeals 1. Introduction The case of California Correctional Peace Officers Association v. State...

Restitution as a Valid Condition of Probation in Hit-and-Run Offenses: Insights from People v. Carbajal

Date: Aug 15, 1995

Restitution as a Valid Condition of Probation in Hit-and-Run Offenses: Insights from People v. Carbajal Introduction The case of People v. Carbajal, decided by the Supreme Court of California in...

Adoption of Michael H. v. Mark K.: Establishing the Limits of an Unwed Father's Constitutional Rights

Date: Aug 1, 1995

Adoption of Michael H. v. Mark K.: Establishing the Limits of an Unwed Father's Constitutional Rights Introduction The case Adoption of MICHAEL H., a Minor. JOHN S. et al., Plaintiffs and Appellants,...

Establishing Arming Enhancements in Continuing Felonies: People v. Bland

Date: Jul 28, 1995

Establishing Arming Enhancements in Continuing Felonies: People v. Bland Introduction People v. Marvin Bland, 10 Cal.4th 991 (1995), is a landmark decision by the Supreme Court of California that...

Personal Immunity of Elected School Board Members Under Tort Claims Act in Caldwell v. Montoya

Date: Jul 28, 1995

Personal Immunity of Elected School Board Members Under Tort Claims Act in Caldwell v. Montoya Introduction In Richard Caldwell v. Joseph Montoya et al. (10 Cal.4th 972, 1995), the Supreme Court of...

Affirmation of Death Sentence in Multi-Murder Case: Procedures, Evidence, and Constitutional Considerations

Date: Jul 21, 1995

Affirmation of Death Sentence in Multi-Murder Case: Procedures, Evidence, and Constitutional Considerations Introduction In the landmark case of The People v. Jeffrey Hawkins, the Supreme Court of...

Affirmation of Capital Murder Conviction: Application of the 'Law of the Case' Doctrine in California

Date: Jul 7, 1995

Affirmation of Capital Murder Conviction: Application of the 'Law of the Case' Doctrine in California Introduction In the landmark case of The People v. Gerald Frank Stanley (10 Cal.4th 764, 1995),...

Interpretation of "Amenable to Process" in Service of Process under California Law

Date: Jul 7, 1995

Interpretation of "Amenable to Process" in Service of Process under California Law Introduction DOYLE WATTS et al., Plaintiffs and Appellants, v. GERTRUDE CRAWFORD, Defendant and Respondent was a...

In re M.S., a Minor: Upholding California's Hate Crime Statutes

Date: Jul 4, 1995

In re M.S., a Minor: Upholding California's Hate Crime Statutes Introduction In re M.S., a Minor is a landmark 1995 judgment by the Supreme Court of California that addressed constitutional...

Adoption of "Continuous Injury" Trigger in Third Party Liability Insurance: Montrose Chemical Corp. v. Admiral Ins. Co.

Date: Jul 4, 1995

Adoption of "Continuous Injury" Trigger in Third Party Liability Insurance: Montrose Chemical Corp. v. Admiral Ins. Co. Introduction The Supreme Court of California, in Montrose Chemical Corporation...

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