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  • Commentaries
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California Case Commentaries

From Greyhound to Yamaha: California Supreme Court Ends “Uniquely Deferential” Review of CPUC Statutory Interpretations Under Public Utilities Code §§ 1757 and 1757.1

From Greyhound to Yamaha: California Supreme Court Ends “Uniquely Deferential” Review of CPUC Statutory Interpretations Under Public Utilities Code §§ 1757 and 1757.1

Date: Sep 5, 2025
From Greyhound to Yamaha: California Supreme Court Ends “Uniquely Deferential” Review of CPUC Statutory Interpretations Under Public Utilities Code §§ 1757 and 1757.1 Introduction In Center for...
When Intangible Contracts Yield Property-Use Income: California Supreme Court Holds Occupancy-Tax Rebates and Hotel “Key Money” Are Taxable in Income-Valuing Hotels; Management Fees Don’t Automatically Remove Enterprise Intangibles

When Intangible Contracts Yield Property-Use Income: California Supreme Court Holds Occupancy-Tax Rebates and Hotel “Key Money” Are Taxable in Income-Valuing Hotels; Management Fees Don’t Automatically Remove Enterprise Intangibles

Date: Aug 29, 2025
When Contractual Intangibles Generate Property-Use Income: Occupancy-Tax Rebates and Hotel “Key Money” May Be Included in Ad Valorem Valuation; Enterprise Intangibles Still Must Be Backed Out...
Aguirre: AB 333’s “More-Than-Reputational” Predicate Requirement Applies Retroactively; Evidence Code § 352.2 Is Not Retroactive; Death Judgment Reversed

Aguirre: AB 333’s “More-Than-Reputational” Predicate Requirement Applies Retroactively; Evidence Code § 352.2 Is Not Retroactive; Death Judgment Reversed

Date: Aug 29, 2025
Aguirre: AB 333’s “More-Than-Reputational” Predicate Requirement Applies Retroactively; Evidence Code § 352.2 Is Not Retroactive; Death Judgment Reversed Court: Supreme Court of California Date:...
Current-Law Test for Gang-Based Strikes: People v. Fletcher Requires AB 333 Compliance for § 1192.7(c)(28) Prior Serious Felony Findings

Current-Law Test for Gang-Based Strikes: People v. Fletcher Requires AB 333 Compliance for § 1192.7(c)(28) Prior Serious Felony Findings

Date: Aug 26, 2025
Current-Law Test for Gang-Based Strikes: People v. Fletcher Requires AB 333 Compliance for § 1192.7(c)(28) Prior Serious Felony Findings Introduction In People v. Fletcher (Cal. Aug. 25, 2025), the...
Iloff v. LaPaille: Employers Must Make a Reasonable Legal Inquiry to Invoke the §1194.2 Good‑Faith Defense; Paid Sick Leave Claims Are Cognizable in Berman Appeals

Iloff v. LaPaille: Employers Must Make a Reasonable Legal Inquiry to Invoke the §1194.2 Good‑Faith Defense; Paid Sick Leave Claims Are Cognizable in Berman Appeals

Date: Aug 22, 2025
Iloff v. LaPaille: Employers Must Make a Reasonable Legal Inquiry to Invoke the §1194.2 Good‑Faith Defense; Paid Sick Leave Claims Are Cognizable in Berman Appeals Introduction In Iloff v. LaPaille,...
No Parole Revocation Fine When Sentence Is Death Plus Only Indeterminate Terms: People v. Alvarez (Cal. 2025)

No Parole Revocation Fine When Sentence Is Death Plus Only Indeterminate Terms: People v. Alvarez (Cal. 2025)

Date: Aug 19, 2025
No Parole Revocation Fine When Sentence Is Death Plus Only Indeterminate Terms People v. Alvarez, Supreme Court of California (Aug. 18, 2025) Introduction People v. Alvarez is a capital case arising...
Cannon’s Rule: Rational Basis Governs Equal Protection Challenges to SVPA Jury Waiver Procedures; the Jury Decision Rests with the Defendant

Cannon’s Rule: Rational Basis Governs Equal Protection Challenges to SVPA Jury Waiver Procedures; the Jury Decision Rests with the Defendant

Date: Aug 19, 2025
Cannon’s Rule: Rational Basis Governs Equal Protection Challenges to SVPA Jury Waiver Procedures; the Jury Decision Rests with the Defendant Introduction In People v. Cannon (Cal. Aug. 18, 2025), the...
Holland v. Silverscreen Healthcare, Inc.: MICRA § 1295 Arbitration Does Not Reach Wrongful Death Claims Predicated on Custodial Neglect at Skilled Nursing Facilities

Holland v. Silverscreen Healthcare, Inc.: MICRA § 1295 Arbitration Does Not Reach Wrongful Death Claims Predicated on Custodial Neglect at Skilled Nursing Facilities

Date: Aug 15, 2025
Holland v. Silverscreen Healthcare, Inc.: MICRA § 1295 Arbitration Does Not Reach Wrongful Death Claims Predicated on Custodial Neglect at Skilled Nursing Facilities Introduction In Holland v....
Deterring Strategic Nonpayment Without Automatic Forfeiture: California Supreme Court Upholds CCP § 1281.98 Against FAA Preemption by Incorporating Relief-from-Forfeiture Doctrines

Deterring Strategic Nonpayment Without Automatic Forfeiture: California Supreme Court Upholds CCP § 1281.98 Against FAA Preemption by Incorporating Relief-from-Forfeiture Doctrines

Date: Aug 12, 2025
Deterring Strategic Nonpayment Without Automatic Forfeiture: California Supreme Court Upholds CCP § 1281.98 Against FAA Preemption by Incorporating Relief-from-Forfeiture Doctrines Introduction In...
Abrogating Greyhound Deference: California Supreme Court Aligns CPUC Review with Yamaha and Code of Civil Procedure § 1094.5

Abrogating Greyhound Deference: California Supreme Court Aligns CPUC Review with Yamaha and Code of Civil Procedure § 1094.5

Date: Aug 8, 2025
Abrogating Greyhound Deference: California Supreme Court Aligns CPUC Review with Yamaha and Code of Civil Procedure § 1094.5 Case: Center for Biological Diversity, Inc. v. Public Utilities...
No Warrant-Based Carveout: California Supreme Court Holds ICWA Extended-Family Initial Inquiry Duty Applies in All Temporary Custody Cases, and AB 81 Is a Clarifying Amendment (In re Ja.O.)

No Warrant-Based Carveout: California Supreme Court Holds ICWA Extended-Family Initial Inquiry Duty Applies in All Temporary Custody Cases, and AB 81 Is a Clarifying Amendment (In re Ja.O.)

Date: Aug 5, 2025
No Warrant-Based Carveout: California Supreme Court Holds ICWA Extended-Family Initial Inquiry Duty Applies in All Temporary Custody Cases, and AB 81 Is a Clarifying Amendment (In re Ja.O.)...
Remand, Not Reinstatement: California Supreme Court Clarifies Appellate Remedies for Erroneous Romero Dismissals (People v. Dain)

Remand, Not Reinstatement: California Supreme Court Clarifies Appellate Remedies for Erroneous Romero Dismissals (People v. Dain)

Date: Aug 5, 2025
Remand, Not Reinstatement: California Supreme Court Clarifies Appellate Remedies for Erroneous Romero Dismissals Commentary on People v. Dain, Supreme Court of California (Aug. 4, 2025) Introduction...
When MICRA Stops at the Curb: California Supreme Court Limits §340.5 to Professional Duties Owed in Rendering Medical Care (Gutierrez v. Tostado)

When MICRA Stops at the Curb: California Supreme Court Limits §340.5 to Professional Duties Owed in Rendering Medical Care (Gutierrez v. Tostado)

Date: Aug 1, 2025
When MICRA Stops at the Curb: California Supreme Court Limits §340.5 to Professional Duties Owed in Rendering Medical Care Commentary on Gutierrez v. Tostado, Supreme Court of California (July 31,...
Retroactive Two‑Year Probation Cap Reaches Nonfinal Revocation Cases and Unwinds Executed Sentences: Commentary on People v. Faial (Cal. 2025)

Retroactive Two‑Year Probation Cap Reaches Nonfinal Revocation Cases and Unwinds Executed Sentences: Commentary on People v. Faial (Cal. 2025)

Date: Aug 1, 2025
Retroactive Two‑Year Probation Cap Reaches Nonfinal Revocation Cases and Unwinds Executed Sentences: Commentary on People v. Faial (Cal. 2025) Introduction In People v. Faial, the California Supreme...
People v. Dunn (Cal. 2025): Rejecting Localized Juror Exclusion, Clarifying Miranda’s “Interrogation” in Medical Settings, and Endorsing Victim‑Impact Audio at Capital Sentencing

People v. Dunn (Cal. 2025): Rejecting Localized Juror Exclusion, Clarifying Miranda’s “Interrogation” in Medical Settings, and Endorsing Victim‑Impact Audio at Capital Sentencing

Date: Jul 25, 2025
People v. Dunn (Cal. 2025): Rejecting Localized Juror Exclusion, Clarifying Miranda’s “Interrogation” in Medical Settings, and Endorsing Victim‑Impact Audio at Capital Sentencing Introduction In...
California Supreme Court Clarifies That Differences in Jury-Trial Availability Do Not Invalidate Forum-Selection Clauses: EpicentRx, Inc. v. Superior Court (2025)

California Supreme Court Clarifies That Differences in Jury-Trial Availability Do Not Invalidate Forum-Selection Clauses: EpicentRx, Inc. v. Superior Court (2025)

Date: Jul 22, 2025
Forum-Selection Clauses Are Not Void Simply Because the Chosen Forum Lacks Civil Jury Trials: EpicentRx, Inc. v. Superior Court (Cal. 2025) Introduction In EpicentRx, Inc. v. Superior Court, the...
People v. Choyce: Harmless Use of Disapproved “Assume the Penalty Will Be Carried Out” LWOP Instruction; Reaffirmed Limits on Heat‑of‑Passion and Live‑Victim Rape Rules

People v. Choyce: Harmless Use of Disapproved “Assume the Penalty Will Be Carried Out” LWOP Instruction; Reaffirmed Limits on Heat‑of‑Passion and Live‑Victim Rape Rules

Date: Jul 22, 2025
People v. Choyce: Harmless Use of Disapproved “Assume the Penalty Will Be Carried Out” LWOP Instruction; Reaffirmed Limits on Heat‑of‑Passion and Live‑Victim Rape Rules Introduction In People v....
People v. Oyler: Clarifying Witherspoon–Witt Voir Dire After Leon and Applying Chapman Harmless Error to SB 1437 Instructional Omissions

People v. Oyler: Clarifying Witherspoon–Witt Voir Dire After Leon and Applying Chapman Harmless Error to SB 1437 Instructional Omissions

Date: Jul 18, 2025
People v. Oyler: Clarifying Witherspoon–Witt Voir Dire After Leon and Applying Chapman Harmless Error to SB 1437 Instructional Omissions Introduction People v. Oyler is a capital case arising from a...
In re Bradshaw: Undisclosed Trustee Self-Dealing and “Common Dishonesty” Under § 6106 Require Disbarment

In re Bradshaw: Undisclosed Trustee Self-Dealing and “Common Dishonesty” Under § 6106 Require Disbarment

Date: Jul 4, 2025
In re Bradshaw: Undisclosed Trustee Self-Dealing and “Common Dishonesty” Under § 6106 Require Disbarment Court: Supreme Court of California Date: July 3, 2025 Proceeding: Attorney discipline review...
Reassessing California’s “Prior Conviction” Sentencing Exception After Erlinger: Jury Findings Required for “Increasing Seriousness” and “Unsatisfactory Probation Performance” Under Penal Code § 1170(b)

Reassessing California’s “Prior Conviction” Sentencing Exception After Erlinger: Jury Findings Required for “Increasing Seriousness” and “Unsatisfactory Probation Performance” Under Penal Code § 1170(b)

Date: Jun 27, 2025
Reassessing California’s “Prior Conviction” Sentencing Exception After Erlinger: Jury Findings Required for “Increasing Seriousness” and “Unsatisfactory Probation Performance” Under Penal Code §...
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