California Case Commentaries

Preemption of Local Zoning Merger Requirements Under the Subdivision Map Act: Analysis of JOHN M. MOREHART v. COUNTY OF SANTABARBARA

Date: May 13, 1994

Preemption of Local Zoning Merger Requirements Under the Subdivision Map Act: Analysis of JOHN M. MOREHART v. COUNTY OF SANTABARBARA Introduction JOHN M. MOREHART et al. v. COUNTY OF SANTABARBARA et...

Extension of Litigation Privilege to Private Arbitration Proceedings

Date: Apr 29, 1994

Extension of Litigation Privilege to Private Arbitration Proceedings Introduction In the landmark case of Ophelia Y. Moore et al. v. Milton Conliffe (7 Cal.4th 634, 1994), the Supreme Court of...

Supreme Court of California Limits Tort Liability in Conspiracy to Interfere with Contract

Date: Apr 1, 1994

Supreme Court of California Limits Tort Liability in Conspiracy to Interfere with Contract Introduction Applied Equipment Corporation v. Litton Saudi Arabia Limited et al. (7 Cal.4th 503) is a...

Affirming MMBA Rights for Local Government Attorneys: Protection Against Discharge for Enforcing Employee Rights

Date: Apr 1, 1994

Affirming MMBA Rights for Local Government Attorneys: Protection Against Discharge for Enforcing Employee Rights Introduction The landmark case of Santa Clara County Counsel Attorneys Association v....

California Supreme Court Establishes Broader Admissibility of Prior Uncharged Misconduct Evidence in People v. Ewaldt

Date: Mar 1, 1994

California Supreme Court Establishes Broader Admissibility of Prior Uncharged Misconduct Evidence in People v. Ewaldt Introduction The Supreme Court of California, in the landmark case of People v....

Admissibility of Voluntary Intoxication in Implied Malice Murder Cases: People v. Whitfield Analysis

Date: Mar 1, 1994

Admissibility of Voluntary Intoxication in Implied Malice Murder Cases: People v. Whitfield Analysis Introduction People v. Whitfield, 7 Cal.4th 437 (1994), is a pivotal case in California law that...

Balcom v. People: Admissibility of Uncharged Offenses to Establish Common Design or Plan

Date: Mar 1, 1994

Balcom v. People: Admissibility of Uncharged Offenses to Establish Common Design or Plan Introduction Balcom v. People is a seminal 1994 decision by the Supreme Court of California that reshaped the...

Jurisdiction in International Child Custody Cases under the Uniform Child Custody Jurisdiction Act: A Comprehensive Analysis of In re Stephanie M.

Date: Feb 25, 1994

Jurisdiction in International Child Custody Cases under the Uniform Child Custody Jurisdiction Act: A Comprehensive Analysis of In re Stephanie M. Introduction In re Stephanie M. is a landmark case...

Strict Enforcement of No Contest Clauses Against Community Property and ERISA Challenges: California Supreme Court Upholds Precedent

Date: Feb 8, 1994

Strict Enforcement of No Contest Clauses Against Community Property and ERISA Challenges: California Supreme Court Upholds Precedent Introduction In the landmark case of Marlene Burch v. Randall...

Clarifying General Intent in Assault with a Deadly Weapon: The People v. Colantuono Decision

Date: Feb 1, 1994

Clarifying General Intent in Assault with a Deadly Weapon: The People v. Colantuono Decision Introduction The landmark case of The People v. Vernon Colantuono (7 Cal.4th 206, 1994) addresses the...

Clear and Convincing Evidence Standard for Juvenile Criminal Capacity Under Penal Code Section 26

Date: Feb 1, 1994

Clear and Convincing Evidence Standard for Juvenile Criminal Capacity Under Penal Code Section 26 Introduction The case of In re Manuel L. (1994) 7 Cal.4th 229 reaffirmed and clarified the...

NCAA Drug Testing Program Upheld: California Supreme Court Affirms Privacy Rights Apply to Private Entities

Date: Jan 29, 1994

NCAA Drug Testing Program Upheld: California Supreme Court Affirms Privacy Rights Apply to Private Entities Introduction The case of Jennifer Hill et al. v. National Collegiate Athletic Association...

Supreme Court Affirms Admissibility of Prior DUI Evidence in Gross Negligence Determinations

Date: Dec 31, 1993

Supreme Court Affirms Admissibility of Prior DUI Evidence in Gross Negligence Determinations Introduction The People v. Alberto Ochoa is a landmark decision by the Supreme Court of California that...

Defining Government Agencies as Victims in Restitution Orders: People v. Crow

Date: Dec 31, 1993

Defining Government Agencies as Victims in Restitution Orders: People v. Crow Introduction Case: The People, Plaintiff and Respondent, v. Terry Lee Crow, Defendant and Appellant. Court: Supreme Court...

Defining "Significant New Information" Under CEQA: Laurel Heights Improvement Association v. Regents of UC

Date: Dec 31, 1993

Defining "Significant New Information" Under CEQA: Laurel Heights Improvement Association v. Regents of UC Introduction The California Environmental Quality Act (CEQA) mandates that public agencies...

Fraud in Wrongful Termination: Limitations Post Hunter v. Up-Right, Inc.

Date: Dec 31, 1993

Fraud in Wrongful Termination: Limitations Post Hunter v. Up-Right, Inc. Introduction The case of Charles Hunter v. Up-Right, Inc. ([6 Cal.4th 1174](#)), adjudicated by the Supreme Court of...

Affirmation of Death Penalty under Felony-Murder-Rape Special Circumstance: People v. Berryman

Date: Dec 28, 1993

Affirmation of Death Penalty under Felony-Murder-Rape Special Circumstance: People v. Berryman Introduction In People v. Rodney Berryman (6 Cal.4th 1048, 1993), the Supreme Court of California upheld...

Establishing Liability for Emotional Distress Without Physical Injury: Comprehensive Analysis of Frank Potter v. Firestone Tire, 6 Cal.4th 965 (1993)

Date: Dec 28, 1993

Establishing Liability for Emotional Distress Without Physical Injury: Comprehensive Analysis of Frank Potter v. Firestone Tire, 6 Cal.4th 965 (1993) Introduction Frank Potter et al. v. Firestone...

Exemption of Less-Than-Quorum Advisory Committees from Open Meeting Requirements under the Brown Act

Date: Dec 24, 1993

Exemption of Less-Than-Quorum Advisory Committees from Open Meeting Requirements under the Brown Act Introduction The case of Freedom Newspapers, Inc. v. Orange County Employees Retirement System...

Effective Assistance of Counsel: Landmark Decision in In re CHARLES FREDERICK NEELY on Habeas Corpus

Date: Dec 24, 1993

Effective Assistance of Counsel: Landmark Decision in In re CHARLES FREDERICK NEELY on Habeas Corpus Introduction The case of In re CHARLES FREDERICK NEELY on Habeas Corpus (6 Cal.4th 901) represents...