California Case Commentaries

In re Z.G.: Termination of Parental Rights Requires Both Adoptability and a Statutory “Sufficient Basis” (Services Terminated or Properly Bypassed)

Date: Apr 29, 2026

In re Z.G.: Termination of Parental Rights Requires Both Adoptability and a Statutory “Sufficient Basis” (Services Terminated or Properly Bypassed) Introduction In re Z.G. (Cal. Apr. 27, 2026) is a...

Independent-Judgment Review and No Automatic Deference in Coastal Commission Jurisdiction Disputes; “Principal Permitted Use” Includes Multiple Uses

Date: Apr 24, 2026

Independent-Judgment Review and No Automatic Deference in Coastal Commission Jurisdiction Disputes; “Principal Permitted Use” Includes Multiple Uses Case: Shear Development Co., LLC v. California...

People v. Bertsch and Hronis (Cal. Apr. 20, 2026) — Commentary

Date: Apr 22, 2026

Retroactive Edwards/Johnson Competency Standard for Self-Representation at Capital Penalty Phase; Confrontation Clause Inapplicable to Kelly Hearings I. Introduction People v. Bertsch and Hronis is a...

People v. Deen: Trial Courts Must Independently Determine Juror Actual Bias Under CCP § 225 (Not Defer to Juror Assurances), Reading CCP § 229(f) Together With § 225

Date: Apr 8, 2026

People v. Deen: Trial Courts Must Independently Determine Juror Actual Bias Under CCP § 225 (Not Defer to Juror Assurances), Reading CCP § 229(f) Together With § 225 1. Introduction People v. Deen...

People v. Morgan: Penal Code § 69(a) “Force or Violence” Resistance Does Not Include Assault’s “Present Ability” Element

Date: Feb 28, 2026

People v. Morgan: Penal Code § 69(a) “Force or Violence” Resistance Does Not Include Assault’s “Present Ability” Element 1. Introduction In People v. Morgan (Cal. Feb. 26, 2026) S286493, the...

Legibility Is Procedural (Not Substantive) Unconscionability—But Illegible Adhesive Arbitration Clauses Trigger Close Scrutiny of Terms

Date: Feb 3, 2026

Legibility Is Procedural (Not Substantive) Unconscionability—But Illegible Adhesive Arbitration Clauses Trigger Close Scrutiny of Terms Case: Fuentes v. Empire Nissan, Inc. (Cal. Feb. 2, 2026)...

Sellers v. Superior Court — “Open Container” Marijuana Requires Usable Quantity, Imminent Usability, and Ready Accessibility; Lawful Cannabis Cannot Supply Probable Cause

Date: Jan 31, 2026

Sellers v. Superior Court: “Open Container” Marijuana Requires Usable Quantity, Imminent Usability, and Ready Accessibility; Lawful Cannabis Cannot Supply Probable Cause I. Introduction Case: Sellers...

Content-Based Criminalization of False Police-Misconduct Complaints Is Unconstitutional When It Incidentally Chills Truthful Complaints

Date: Jan 27, 2026

Content-Based Criminalization of False Police-Misconduct Complaints Is Unconstitutional When It Incidentally Chills Truthful Complaints Case: Los Angeles Police Protective League v. City of Los...

CPRA Declaratory Relief Survives Full Production Where an Ongoing Dispute Is Likely to Recur; CPRA Imposes No Implied Three-Year Preservation Duty After Exemptions Are Invoked

Date: Jan 17, 2026

CPRA Declaratory Relief Survives Full Production Where an Ongoing Dispute Is Likely to Recur; CPRA Imposes No Implied Three-Year Preservation Duty After Exemptions Are Invoked Key Holdings (City of...

People v. Kopp (Cal. 2025) Commentary

Date: Dec 31, 2025

Ability-to-Pay Review for Mandatory Court Operations & Facilities Assessments (Equal Protection), While Punitive Fines Are Initially Tested Under the Excessive Fines Clauses Case: People v. Kopp,...

People v. Kopp: Equal Protection Requires Ability-to-Pay Review (on Request) for Court Operations/Facilities Assessments; Punitive Fine Amount Challenges Proceed Under the Excessive Fines Clauses

Date: Dec 30, 2025

People v. Kopp: Equal Protection Requires Ability-to-Pay Review (on Request) for Court Operations/Facilities Assessments; Punitive Fine Amount Challenges Proceed Under the Excessive Fines Clauses I....

Pension Obligation Bonds and the “Obligation Imposed by Law” Exception: Commentary on City of San José v. Howard Jarvis Taxpayers Association

Date: Dec 20, 2025

Pension Obligation Bonds and the “Obligation Imposed by Law” Exception: Commentary on City of San José v. Howard Jarvis Taxpayers Association I. Introduction The California Supreme Court’s opinion in...

Single Criminal Act, Single Strike: Extending Vargas to Multi‑Victim Offenses in California’s Three Strikes Law (People v. Shaw)

Date: Dec 19, 2025

Single Criminal Act, Single Strike: Extending Vargas to Multi‑Victim Offenses under California’s Three Strikes Law Commentary on People v. Shaw, Supreme Court of California (Dec. 15, 2025)...

Morgan v. Ygrene Energy Fund, Inc.: PACE Assessments as “Taxes” and the Exclusivity of California’s Tax-Refund Procedures

Date: Dec 6, 2025

Morgan v. Ygrene Energy Fund, Inc.: PACE Assessments as “Taxes” and the Exclusivity of California’s Tax-Refund Procedures I. Introduction In Morgan v. Ygrene Energy Fund, Inc. (Cal. Supreme Ct. Dec....

In re S.R.: CACI-Reportable Findings Preserve Justiciability of Terminated Dependency Appeals

Date: Dec 2, 2025

In re S.R.: CACI‑Reportable Findings Preserve Justiciability of Terminated Dependency Appeals I. Introduction The California Supreme Court’s decision in In re S.R. (Dec. 1, 2025) addresses a...

Taxpayer Standing After the 2018 Amendment and Pronoun Protections in Long‑Term Care: Commentary on Taking Offense v. State of California

Date: Nov 30, 2025

Taxpayer Standing After the 2018 Amendment and Pronoun Protections in Long‑Term Care: A Commentary on Taking Offense v. State of California (Cal. Supreme Ct. 2025) I. Introduction This commentary...

Content-Based Limits on “Unprotected” Speech Face Heightened Scrutiny When They Chill Protected Complaints: California Supreme Court Invalidates Penal Code §148.6

Date: Nov 12, 2025

Content-Based Limits on “Unprotected” Speech Face Heightened Scrutiny When They Chill Protected Complaints: California Supreme Court Invalidates Penal Code §148.6 Introduction In Los Angeles Police...

Captive-Audience Care and the Limits of Taxpayer Suits: California Upholds Long‑Term Care Pronoun Protections and Clarifies § 526a Standing

Date: Nov 8, 2025

Captive-Audience Care and the Limits of Taxpayer Suits: California Upholds Long‑Term Care Pronoun Protections and Clarifies § 526a Standing Introduction This commentary analyzes the California...

SB 483 Resentencing Must Apply Prop 36’s Public-Safety Override for Nonserious, Nonviolent Third Strikes: People v. Superior Court (Guevara)

Date: Oct 10, 2025

SB 483 Resentencing Must Apply Prop 36’s Public-Safety Override for Nonserious, Nonviolent Third Strikes Commentary on People v. Superior Court (Guevara), California Supreme Court (Oct. 9, 2025)...

People v. Cardenas: “Active Participant” in §190.2(a)(22) Carries Its Plain Meaning; Sanchez and AB 333 Require Reversal of Gang Findings and Death Judgment; Limited McCoy Remand Permitted

Date: Sep 5, 2025

People v. Cardenas: “Active Participant” in §190.2(a)(22) Carries Its Plain Meaning; Sanchez and AB 333 Require Reversal of Gang Findings and Death Judgment; Limited McCoy Remand Permitted...