California Case Commentaries

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...

Expansion of "Source of Drinking Water" Under Proposition 65 Includes Faucet Water

Date: Dec 10, 1996

Expansion of "Source of Drinking Water" Under Proposition 65 Includes Faucet Water Introduction The California Supreme Court's decision in The People ex rel. Daniel E. Lungren v. The Superior Court...

Identification of Target Offenses in Aiding and Abetting Under the Natural and Probable Consequences Doctrine: Prettyman v. The People

Date: Dec 10, 1996

Identification of Target Offenses in Aiding and Abetting Under the Natural and Probable Consequences Doctrine: Prettyman v. The People Introduction Case: The People v. Richard D. Prettyman et al.,...

In re Visciotti: Clarifying Standards for Ineffective Assistance of Counsel in Capital Cases

Date: Dec 10, 1996

In re Visciotti: Clarifying Standards for Ineffective Assistance of Counsel in Capital Cases Introduction The case of In re John Louis Visciotti on Habeas Corpus (1996) addressed critical issues...

Express Waiver of Statute of Limitations for Lesser Included Offenses: Cowan v. Superior Court of Kern County

Date: Dec 10, 1996

Express Waiver of Statute of Limitations for Lesser Included Offenses: Cowan v. Superior Court of Kern County Introduction In the landmark case of Gerald Thomas Cowan v. Superior Court of Kern...

Affirmation of Felony-Murder-Robbery Special Circumstance and Procedural Standards in Capital Cases

Date: Dec 6, 1996

Affirmation of Felony-Murder-Robbery Special Circumstance and Procedural Standards in Capital Cases Introduction In the landmark case of THE PEOPLE v. MANUEL MACHADO ALVAREZ (14 Cal.4th 155), the...

Unveiling Unjust Enrichment: GHIRARDO v. ANTONIOLI and the Recovery of Omitted Payoff Sums

Date: Nov 1, 1996

Unveiling Unjust Enrichment: GHIRARDO v. ANTONIOLI and the Recovery of Omitted Payoff Sums Introduction The Supreme Court of California's decision in GHIRARDO v. ANTONIOLI elucidates pivotal aspects...

Clarifying the Scope of 'Discovery' under Evidence Code Section 1157: Administrative Subpoenas and Hospital Peer Review Records

Date: Oct 4, 1996

Clarifying the Scope of 'Discovery' under Evidence Code Section 1157: Administrative Subpoenas and Hospital Peer Review Records Introduction The Supreme Court of California's decision in Dixon...

Strict Liability Affirmed for Failure to Warn by Upjohn in Carlin v. Superior Court (13 Cal.4th 1104)

Date: Aug 31, 1996

Strict Liability Affirmed for Failure to Warn by Upjohn in Carlin v. Superior Court (13 Cal.4th 1104) Introduction Carlin v. Superior Court of Sutter County is a landmark decision by the Supreme...

Admissibility of Battered Women's Syndrome in Self-Defense Claims: The People v. Humphrey

Date: Aug 30, 1996

Admissibility of Battered Women's Syndrome in Self-Defense Claims: The People v. Humphrey Introduction The People v. Evelyn Humphrey (13 Cal.4th 1073) is a landmark case decided by the Supreme Court...

Admissibility of Third-Party Threats in Self-Defense Claims: People v. Minifie

Date: Aug 30, 1996

Admissibility of Third-Party Threats in Self-Defense Claims: People v. Minifie Introduction People v. Steven Arthur Minifie (13 Cal.4th 1055, 1996) is a pivotal case decided by the Supreme Court of...

Affirmation of Firearm Use Enhancements in Sex Offenses: People v. Masbruch

Date: Aug 27, 1996

Affirmation of Firearm Use Enhancements in Sex Offenses: People v. Masbruch Introduction The case of The People v. Richard James Masbruch (13 Cal.4th 1001) adjudicated by the Supreme Court of...

Limitation of ANDERS v. CALIFORNIA: Implications for Indigent Parents in Custody Appeals

Date: Aug 27, 1996

Limitation of ANDERS v. CALIFORNIA: Implications for Indigent Parents in Custody Appeals Introduction The case In re SADE C., a matter adjudicated by the Supreme Court of California on August 26,...