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All Reporters → cal-2d → Volume 18
Opinions in cal-2d Volume 18
The recommendation of The State Bar that the petitioner be disbarred is challenged by him in this proceeding to review its action. He contends that the penalty imposed upon him is too severe, considering the offense which he committed.
There is no dispute concerning the facts. The petitioner raised the check of a client from $6 to $6,000, cashed it and appropriated the money. He later plea...
Views: 9
The California Consumers Company purchased from S. L. Coker an ice distributing business, inclusive of good will, located in territory comprising the city of Santa Monica and the former city of Sawtelle. In the purchase agreement Coker contracted as follows: “I do further agree in consideration of said purchase and in connection therewith, that I will not engage in the business of selling and o...
Views: 10
Petitioner seeks annulment of the order of respondent, Industrial Accident Commission, awarding compensation to respondent, Boyden Macfie.
*42
On December 8, 1939, Macfie was in the employ of Parr-Richmond Terminal Company as dock superintendent at Port Costa, California, and at that time he sustained injuries causing temporary total disability for which an award for compensation ...
Views: 11
Page 48
By her complaint the plaintiff sought an adjudication that she was the owner of and entitled to a one-third interest in certain properties held by the defendant, Farmers and Merchants Trust Company of Long Beach, as trustee, and that the rights of the other defendants were subordinate to hers. The plaintiff had judgment and the defendants appealed.
*50
The events leading up to the...
Views: 7
This is a proceeding to review a recommendation of the Board of Governors of The State Bar of California made on October 25, 1940, that petitioner be disbarred. On April 15, 1940, a notice to show cause was issued by Local Administrative Committee No. 5 for the City and County of San Francisco, charging petitioner with professional misconduct in violating his oath and duties as an attorney at l...
Views: 5
Petitioner is a taxpayer and property owner in the county of Los Angeles, and is also the owner and publisher of The Los Angeles Daily Journal, a daily newspaper of general circulation, printed and published in that county. Respondent is the purchasing agent of the county of Los Angeles. In February, 1941, as such purchasing agent, respondent prepared specifications for the publication of all n...
Views: 9
Page 71
This is a petition to vacate and set aside the suspension of George W. Hickman, a member of the State Bar. The petitioner was convicted in Alameda County of attempted grand theft, a crime involving moral turpitude. The verdict of guilty was returned and filed on February 26, 1937. The petitioner’s motion for a new trial was denied, whereupon he applied for probation. On March 17, his application w...
Views: 12
This is an application by the petitioner, Mable Whitley, for a writ of
certiorari
seeking to annul, vacate and set aside two
nunc pro tunc
orders made and entered in the Superior Court of the County of Los Angeles, granting a motion for new trial on the ground of the insufficiency of the evidence to sustain the verdict of the jury.
Petitioner, as plaintiff, instituted...
Views: 16
Page 83
18 Cal. 2d 83 (1941)
W. B. PARKER, as Chairman of the California Commission on Interstate Cooperation et al., Petitioners,
v.
HARRY B. RILEY, as Controller, etc., Respondent.
S. F. No. 16519.
Supreme Court of California. In Bank.
May 29, 1941.
Charles Josef Carey, Fred B. Wood, Arthur McHenry and Martin McDonough for Petitioners.
Earl Warren, Attorney-General, Robert W. Harrison, Chief Assis...
Views: 16
18 Cal. 2d 92 (1941)
SONTAG CHAIN STORES CO., LTD. (a Corporation), Petitioner,
v.
THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent.
L. A. No. 17770.
Supreme Court of California. In Bank.
May 29, 1941.
Loeb & Loeb for Petitioner.
J. H. O'Connor, County Counsel, Douglas DeCoster, Deputy County Counsel, and Rosecrans & Emme for Respondent.
EDMONDS, J.
Some months after a decree e...
Views: 17
This is an appeal from a judgment of the Superior Court of Los Angeles County entered after sustaining a general and special demurrer without leave to amend.
The second amended complaint charged Hollywood Hospital, and certain doctors, attendants and nurses, with negli
*99
gent acts and omissions causing plaintiff physical injury and suffering. It contained two counts, the fir...
Views: 21
Absburry Rapid Transit System, a corporation, and City of Los Angeles filed separate petitions to review and annul an order of the Railroad Commission requiring the petitioner, Asbury Rapid Transit System, to cease and desist from certain operations as a common carrier of passengers by motor transportation until it should have obtained a certificate of public convenience and necessity. The issues ...
Views: 1
The plaintiff appealed from a judgment sustaining the defendant’s demurrer to the second amended complaint and denying leave to amend. The complaint shows the following: The plaintiff is a dealer in fuel oil burners and fuel oil and has his principal places of business in the cities of Livermore, Alameda County, and Martinez, Contra Costa County. He has no fixed or regular place of business i...
Views: 0
This is a proceeding to review an order of the respondent Superior Court in the matter of the Estate of Fritz Benthien, deceased. *115 Through the office of the Public Administrator of the City and County of San Francisco, the matter of the administration of the estate of the decedent proceeded to distribution whereby, by decree of date January 21, 1941, the estate of $7,233.58 in cash was or...
Views: 0
The city of San Francisco awarded a contract for the widening of a section of Nineteenth Avenue to Charles Harney. In performing the work, Harney's employees ripped up the pavement with a scarifier and removed the broken fragments with a steam shovel. The Pacific Gas and Electric Company maintained pipes and conduits in the avenue for the supply of gas to abutting residences. Throughout the pro...
Views: 7
Page 123
The plaintiff, Jerome E. Winder, and John R. Winder, named as the defendant executor, are the surviving sons of Ray Elizabeth Winder, deceased. They were appointed co-executors in her will, wherein she left her entire estate to her grandchildren. After the will was admitted to probate, the plaintiff presented to his co-executor a claim against the estate in the sum
of
$6,500 as the r...
Views: 6
In 1936, the appellant paid under protest taxes upon personal property which was held by it on consignment and subsequently sued to recover the amount of such payment. There is no dispute concerning the facts and the judgment in favor of the respondent is based upon a construction of the applicable statutes.
At the time the assessment was made, the appellant was a dealer in art goods and m...
Views: 6
I dissent. The facts of the controversy presented in this action are simple. Plaintiff, the owner of real property, leased its property to Meacham and Boatright for oil and gas drilling and production purposes. As rental or consideration for the right thus granted, the lessees agreed to pay to the lessor % of the market price of the oil and gas removed from the property and sold, or % of the oil a...
Views: 0
Page 146
Plaintiff appeals from a judgment entered after defendants’ motions for judgment on the pleadings were granted.
The action was brought for damages for malicious prosecution. Defendants filed demurrers to the complaint, which were overruled, but later each defendant moved for judgment on the pleadings, on the ground that the complaint failed to state a cause of action. This ground embraced ...
Views: 27
The petitioner has appealed from an order of the superior court denying his application for naturalization as a citizen of the United States. Section 357 of Title 8, U. S. C. A., confers exclusive jurisdiction to naturalize aliens upon designated federal courts,- “also all courts of record in any State or Territory having a seal, a clerk, and jurisdiction in actions at law or equity, or law and eq...
Views: 4
The defendants appeal from a judgment rendered on June 27, 1938, by which they were permanently enjoined from entering upon certain real property in the city of San Francisco, on which the Cowell Building now stands. The building has a frontage on the northerly line of Market Street between Sacramento Street and the Embarcadero and a frontage along the westerly line of the Embarcadero extending f...
Views: 3
Petition for writ of
supersedeas
to suspend the operation of a preliminary injunction pending an appeal from it by petitioner.
Petitioner operates ten retail drug stores in widely separated trade areas in Los Angeles County. The present action was brought to restrain him from using merchandising methods which are allegedly violative of the Unfair Practices Act (Deering’s Gen. La...
Views: 8
Page 179
Plaintiff, a minor of seven years of age, and his father, also a plaintiff, recovered judgment for damages against defendant arising out of personal injuries suffered by the minor when struck by an automobile being driven by defendant. The action was tried before the court without a jury. The court found that the defendant was negligent and that such negligence was the proximate cause of the inju...
Views: 5
Page 184
18 Cal.2d 184 (1941)
Estate of ANGELA L. MARRE, Deceased. STEPHEN MILTON PIUMA, Respondent,
v.
HENRY L. MINETTI et al., Trustees, etc., Appellants.
L. A. No. 17292.
Supreme Court of California. In Bank.
June 27, 1941.
Dockweiler & Dockweiler for Appellants.
Canepa & Castruccio and Horace W. Danforth for Respondent.
Andrew F. Burke, as Amicus Curiae, on behalf of Respondent.
GIBSON,...
Views: 4
Page 184
This appeal is brought from an order of the Superior Court of San Luis Obispo County in a probate proceeding. The order directed appellants, as trustees under a testamentary trust, to make further payments to the respondent beneficiary, Stephen M. Piuma, covering the period between decedent’s death and the entry of the decree of final distribution. The decedent bequeathed and devised the residue o...
Views: 0
Page 191
This appeal from an order of the Superior Court of San Luis Obispo County sitting in probate in*192volves the same parties who were before the court in Piuma v. Minetti, ante, p. 184 (this day decided). This appeal, however, is brought by the beneficiary from that portion of the superior court’s order which denied his petition for an allowance from the trust funds with which to pay the fees of his...
Views: 14
Petitioner a taxpayer, seeks a writ of mandate commanding respondent Board of Supervisors of the County of Los Angeles to declare vacant the office of Chief Engineer of Building and Construction of that county, and to appoint another to fill the vacancy. The facts are presented by stipulation. William J. Pox was a major in the Marine Corps Reserve, a component of the United States Marine Corps,...
Views: 6
This is an appeal by defendants from a judgment by the court sitting without a jury for a deficiency after a sale under a trust deed covering defendants’ real property. The note and trust deed which were the basis of plaintiff's action for a deficiency were executed by defendants on August 20, 1935. The note was payable one year after date. Defendants having failed to pay the note, plaintiff re...
Views: 12
Plaintiff, upon two hundred fifty-five assigned causes of action, brought this suit against the city and county of San Francisco to recover various sums paid as
*212
and for license taxes during the years 1931 to 1935, inclusive. The judgment was for the plaintiff, and the defendant city and county has appealed.
For the sake of brevity on the trial of this action it was stipul...
Views: 9
This action was brought to recover from the state an additional corporation franchise tax in the amount of $6,100.58, alleged to have been illegally assessed and collected for the taxable year ending March 31, 1935, and paid *221 by plaintiff under protest. A general demurrer to the complaint was sustained without leave to amend. The facts giving rise to the present controversy are as follows...
Views: 4
Page 227
This is an appeal on the judgment roll from a decree quieting title in the defendant Myrtle Griffith to two placer mining claims in Sierra County.
Count one of the complaint alleges that plaintiff is the owner of the “Gold Blossom” quartz mining claim and that defendants claim some interest therein. In a second count it is alleged that the defendants, without plaintiff’s consent, entered upon and ...
Views: 0
Defendant appeals from a judgment of the trial court in favor of plaintiff, Ellen Foley, in an action upon a policy of fire insurance. *234 The defendant issued to Ellen Foley a “California Standard Form of County Fire Insurance Policy” covering a dwelling house in Sonoma County and furniture, family stores, wearing apparel and like articles within the dwelling house for the period from Octob...
Views: 10
Page 237
18 Cal.2d 237 (1941)
Estate of EMELINE CHILDS, Deceased. EMELINE CHILDS DWIGHT et al., Appellants,
v.
HARRY B. RILEY, as State Controller, etc., Respondent.
L. A. No. 17435.
Supreme Court of California. In Bank.
July 16, 1941.
Burr & Smith and A. J. Cathcart for Appellants.
James W. Hickey, Inheritance Tax Attorney, and Raymond G. LaNoue, Assistant Inheritance Tax Attorney, for Responden...
Views: 8
Page 237
This appeal presents a controversy in relation to the rate and method of computation of the inheritance tax payable by reason of property transfers to appellants at death and prior thereto designed to take effect in enjoyment or possession at death. It is conceded by appellants and respondent that both the transfers before death and at death are subject to inheritance tax, those before death takin...
Views: 2
Page 247
Plaintiff is the owner of three bonds representing special assessment liens issued in 1926 under the Improvement Act of 1911 (Stats. 1911, p. 730; Deering’s Gen. Laws, 1937, Act 8199). Cross-complainant owns one bond representing a special assessment lien issued in 1928 under the said Improvement Act of 1911. Defendant city of Glendale is the owner of three bonds representing special assessment...
Views: 7
The Guaranty Liquidating Corporation (hereafter called defendant) brings this appeal from a judgment in favor of the plaintiff. Defendant, the owner of a judgment in excess of $26,000 against the Bartlett Syndicate Building Corporation (hereafter called Bartlett Corporation), levied a writ of execution upon the bank accounts, moneys and credits of the judgment debtor, Bartlett Corporation, whic...
Views: 5
Page 266
In an information filed by the District Attorney of Los Angeles County, the defendant was charged with the commission of five distinct offenses. A jury trial resulted in his conviction and sentence on the three counts of kidnaping for purpose of robbery, robbery, and rape, the sentences thereon to run concurrently. The defendant was acquitted on two other counts charging another rape and grand th...
Views: 16
The State Treasurer complains that the superior court in rendering a judgment for the amount of taxes paid by the respondent under protest, improperly construed the Retail Sales Tax Act (Stats. 1933, p. 2599; Deering’s Gen. Laws, Act 8493). The taxpayer was allowed to recover upon the theory that this act, as in effect at the time the assessment was made, does not include a
bona fide
...
Views: 8
Page 279
18 Cal.2d 279 (1941)
RICHARD GARVEY, Jr., et al., Petitioners,
v.
H. L. BYRAM, as Tax Collector, etc., Respondent.
L. A. No. 17800.
Supreme Court of California. In Bank.
July 24, 1941.
Richard Garvey, Jr., in pro. per., J. H. O'Connor, County Counsel, S. V. O. Prichard, Assistant County Counsel, and A. Curtis Smith, Deputy County Counsel, for Petitioners.
Landels, Weigel & Crocker and Wa...
Views: 5
These actions have been consolidated for hearing on appeal. In each there are two appeals by separate groups of third party claimants from a single judgment de
*292
termining that title to the funds in controversy rests in the plaintiffs and not in the appellants. In action number 16,970 there is also an appeal from an order striking motions for new trial.
Diversified Real Est...
Views: 6
Page 302
These three cases were consolidated in the court below and on this appeal. They all involve the interests of the respective parties in a certain ten acre tract of real property situated in Los Angeles County. From the voluminous pleadings it appears that the nature of the actions is essentially as follows:
In the first action respondent, Watson, sought to have established a resulting trust...
Views: 10
Page 321
This is a proceeding to review the record in disciplinary proceedings initiated by the respondent *322State Bar, pursuant to service on petitioner, an attorney at law, of a notice to show cause why he should not be disciplined for asserted professional' misconduct. The notice to show cause charged a violation of sections 6103 and 6106 of the Business and Professions Code, amounting to a breach of ...
Views: 0
Page 328
This appeal is from a judgment rendered against Phineas D. Clayton which, among other things, directed him to pay to the defendants the sum of $1,633 58 as a result of accounting proceedings had in connection with a quiet title action brought by A. D. Clayton in 1932, in which Phineas D. Clayton (hereinafter referred to as plaintiff) had intervened, claiming ownership of the real property involve...
Views: 11
Housing Authority of the city of Oakland seeks the writ of mandamus directing the respondent superior court to issue an order for a writ of possession of property sought to be taken in eminent domain proceedings under the Housing Authorities Law (Stats. Ex. Sess. 1938, p. 9, as amended).
*337
The petition shows that a proceeding in condemnation to acquire the land and improvements...
Views: 6
Page 341
In an action for declaratory relief brought by the respondent, the trial court determined that a zoning ordinance enacted by the county of Los Angeles was unconstitutional. As a part of the decree, the court enjoined the appellants, all of whom are officers of the county, from enforcing it.
The ordinance (No. 1813 N. S.), adopted in 1930, zoned an unincorporated area, which included the town of Te...
Views: 0
Page 349
On rehearing, we approve and adopt the opinion rendered herein on the former hearing, as follows:
“The defendant moved to set aside as void a so-called ‘judgment’ entered in accordance with the provisions of section 26 of the ‘Retail Sales Act of 1933’ as amended (Stats. 1935, p. 1262 [Deering’s Gen. Laws, 1937, Act 8493]). The plaintiff appealed from the judgment entered on the trial court’s orde...
Views: 0
Page 366
This is an appeal from an order appointing a receiver to take charge of certain real property in the city of Los Angeles, and to operate and control said real property until the further order of the court. There is located on said real property a thirteen-story building, which is principally used as a hotel or club. The real property in controversy was subject to a deed of trust given to secure...
Views: 1
Page 373
The appeal in this action is from an order appointing a receiver of the furniture, furnishings and fixtures contained in the thirteen-story building for which a re*375ceiver was appointed, and the order making such appointment was affirmed by this court in the case of Baumann v. Bedford, L. A. No. 16879 (ante, p. 366 [115 Pac. (2d) 437]), in an opinion this day filed.
The present action is one in ...
Views: 7
Page 382
Plaintiff recovered judgment for damages in the sum of $712.45 for breach of a contract to purchase flour. Being dissatisfied with the amount of the judgment, he brings this appeal.
Plaintiff is a wholesale flour merchant. On July 16, 1937, he entered into a written contract with John Schmid, the proprietor of the Eagle Bakery, in which he agreed to sell to Schmid 6,000 barrels of flour at...
Views: 19
Page 389
18 Cal.2d 389 (1941)
CLARENCE A. EVERETT, Respondent,
v.
JOHN A. DAVIS et al., Appellants.
L. A. No. 16618.
Supreme Court of California. In Bank.
July 31, 1941.
Chas. F. Blackstock for Appellants.
Durley & Downes and Henry C. Downes for Respondent.
EDMONDS, J.
The appellants were enjoined from erecting or maintaining certain fences and embankments, upon a determination that by their us...
Views: 9
Page 399
The plaintiff appealed from a judgment entered upon an order sustaining the defendants’ demurrer to his complaint without leave to amend. The complaint shows the following: On September 18, 1928, the defendants executed their note for $4,000 to the plaintiff’s assignor. The note was due on September 12, 1930, and payment of the principal and interest was secured by a deed of trust on real property...
Views: 1
Thirza L. Hudelson, the adult daughter of Forrest M. Hudelson, an incompetent person, has appealed
*402
from a portion of an order which she procured, pursuant to section 1558 of the Probate Code, to grant her from the surplus income of her father’s estate a monthly allowance as necessary maintenance. That part of the order from which this appeal was perfected reads as follows: “an...
Views: 9
Page 409
Plaintiffs have appealed from a judgment on the pleadings in favor of defendants A. J. Odell, Mary Gibbs, William G. McAdoo and R. T. Colter. The allegations of the complaint must therefore be considered true as though the complaint were before the court upon a general demurrer. (Miller v. Price, 103 Cal. App. 650, 654 [284 Pac. 1035].) The complaint alleges: The plaintiffs, an elderly coup...
Views: 24
The petitioners seek to prohibit the respondent superior court from entertaining jurisdiction'of an action brought against the petitioners and others as defendants to recover damages for alleged misappropriation of a literary and dramatic work claimed to be the exclusive property of one Al Rosen. In the complaint in the pending action, the plaintiff, Al Rosen, alleged that he is the owner by assig...
Views: 1
Plaintiff’s husband, a police officer for the city of Los Angeles, committed suicide in April, 1934. Within six months, plaintiff made application to the Board of Pension Commissioners of the City of Los Angeles for a widow’s pension under article 17, section 183 of the charter of the city of Los Angeles. The board denied the application in February, 1935. In December, 1938, plaintiff filed the pr...
Views: 1
Page 439
This is an appeal from a judgment of dismissal predicated upon the granting of defendant’s motion for a summary judgment pursuant to the provisions of section 437c of the Code of Civil Procedure.
The complaint alleged that plaintiff is the adopted son of Raoul A. Walsh and defendant Miriam C. Walsh, who were husband and wife; that defendant and her husband on February 21, 1927, entered int...
Views: 27
Page 445
18 Cal.2d 445 (1941)
A. L. KEENER, Appellant,
v.
NELLIE D. KEENER, Respondent.
L. A. No. 16881.
Supreme Court of California. In Bank.
Aug. 19, 1941.
Jerrell Babb for Appellant.
Roy J. Farr for Respondent.
TRAYNOR, J.
Plaintiff filed an action for divorce on the ground of desertion against defendant to whom he had been married for over thirty years. Defendant answered and cross-complained f...
Views: 9
Page 449
The appellants, Dewey Clark and Henry E. Jones, were found guilty by a jury of the murder of Nathan Chinchiolo and Dorothy Woofter. The verdicts carried no recommendation. Their motion for a new trial was denied. Thereupon the court pronounced its judgment and sentence that each of the defendants suffer the death penalty. They have appealed from the order denying said motion and from the judgment...
Views: 16
Page 462
Petitioner seeks a writ of
supersedeas
staying proceedings on an order,
pendente lite,
made by respondent superior court in a divorce action.
Respondent Loueille Rawleigh Smith and petitioner are husband and wife, having two minor children. The family has been residing in their home. Petitioner alleges that the home is community property; that is denied.
On May 1...
Views: 10
After a jury had returned a verdict against the respondent railroad company awarding damages for the death of Roy Clayton Will, which occurred in a crossing accident, the trial judge granted a motion for a new trial. The appeal is from that order.
The complaint alleged that the engineer and fireman of the train, who were joined as defendants, negligently drove the engine and cars with grea...
Views: 7
In these consolidated actions plaintiffs seek to establish their right to share equally with other creditors in the assets of the defendant California Mutual Building and Loan Association, an insolvent corporation now in process of liquidation by the defendant Building and Loan Commissioner. The commissioner appeals from an order of the superior court decreeing that plaintiffs are to share in t...
Views: 12
These consolidated actions, like the Martin case, S. F. No. 16004,
ante,
p. 478 [116 Pac. (2d) 71], this day decided, present the question whether the plaintiffs, as holders of mutual shares and thrift accounts in the defendant California Mutual Building and Loan Association, are entitled to share in liquidation as creditors on a parity with the holders of investment certificates. Th...
Views: 11
18 Cal.2d 490 (1941)
LILLIAN MAE O'BRYAN, Petitioner,
v.
THE SUPERIOR COURT OF LOS ANGELES COUNTY et al., Respondents.
L. A. No. 17771.
Supreme Court of California. In Bank.
Aug. 25, 1941.
Eckman & Lindstrom for Petitioner.
Cosgrove & O'Neil, John M. Clayton, J. H. O'Connor, County Counsel, Douglas DeCoster, Deputy County Counsel, Marshall Stimson and Noel Edwards for Respondents.
S...
Views: 6
Plaintiff, as trustee in bankruptcy of Bennett Distilling Company, a corporation, brought this action against defendants Pierre De La Montanya and his wife, seeking to establish an alleged trust and to recover alleged secret profits. The cause was tried by the court sitting without a jury and judgment was entered in favor of the defendants. Plaintiff appeals from said judgment.
The controv...
Views: 3
Page 512
18 Cal.2d 512 (1941)
Estate of HARRY C. JANES, Deceased. IVA A. VROOM, Appellant,
v.
DOROTHY LEE JANES CURTISS, Respondent.
L. A. No. 17219.
Supreme Court of California. In Bank.
Aug. 27, 1941.
S. S. Hahn and W. O. Graf for Appellant.
Leo V. Youngworth and J. Harold Decker for Respondent.
TRAYNOR, J.
This appeal is from an order of the superior court denying a petition for the probate of a...
Views: 8
Page 512
This appeal is from an order of the superior court denying a petition for the probate of a document alleged to he the last will and testament of Harry C. Janes. The decedent died on December 9, 1938, in the county of Los *514Angeles at the age of 66 years. After his death appellant, a chiropractor who had been attending him professionally for several years, found the purported will in a suitcase b...
Views: 0
Page 518
In July, 1934, the plaintiffs commenced an action in the Superior Court of Lassen County against some two hundred defendants to quiet title to their asserted rights in and to the use of the waters of the Susan River. On August 21, 1934, the court made an order of reference to the division of water resources, department of public works. On April 18, 1940, the court rendered its final decree base...
Views: 4
Page 530
On June 28, 1924, defendants Ash, acting through defendant Cross, to whom they had given a power of attorney, executed a note for $1000 payable six months after date and a mortgage upon certain real property in Riverside County to Henry Hileman. Defendant Cross subsequently agreed to pay all the interest due or to become due on the mortgage and note. The interest was paid to June 29, 1930. In 193...
Views: 8
18 Cal.2d 540 (1941)
HENRY J. O'DAY et al.,
v.
THE SUPERIOR COURT OF LOS ANGELES COUNTY et al., Respondents.
L. A. No. 17598.
Supreme Court of California. In Bank.
Aug. 29, 1941.
Claud B. Andrews, John Leo Harris, W. Earl Shafer and Mosher & Shafer for Petitioner.
J. H. O'Connor, County Counsel, J. F. Moroney and Ernest Purdum, Deputies County Counsel, Frank J. Mackin, Faries & McDow...
Views: 13
18 Cal.2d 557 (1941)
IRELAN-YUBA GOLD QUARTZ MINING COMPANY (a Corporation) et al., Plaintiffs and Appellants,
v.
PACIFIC GAS & ELECTRIC COMPANY (a Corporation) et al., Defendant and Appellant; THE SOCORRO MINES, INCORPORATED (a Corporation), Respondent.
Sac. No. 5444.
Supreme Court of California. In Bank.
Aug. 29, 1941.
Wm. M. Maxfield, A. J. Just and Joseph F. Aleck, Jr., for Plaintiffs...
Views: 7
Page 573
Mandamus to compel the respondent city clerk to omit certain names from ballot. The city of Torrance, a city of the sixth class, has noticed a special election for September 10, to fill two vacancies on the city council resulting from the recall of incumbents. Several persons seeking the office have filed nominating papers, which papers, under section 9760 of the Elections Code, must be filed “...
Views: 2
The defendant, Perishable Air Conditioners, was a copartnership composed of Cross and Carroll. Plaintiff, Charles D. Gotten, a minor, was an employee of said partnership, and on November 13, 1937, was severely injured while acting in the course of his employment.
Thereafter, an action was filed by Carroll against his partner Cross for a dissolution of the partnership, for an accounting, an...
Views: 2
Page 579
In this action in equity to set aside a decree for separate maintenance theretofore entered in an independent action between the parties hereto, defendant prevailed, and plaintiff brings this appeal upon the judgment roll. For convenience and brevity in this opinion John F. Horton, the plaintiff and appellant herein, will be called the husband, and Gallic Ella Horton, the defendant and responde...
Views: 11
These are appeals from judgments in mandate proceedings. Appellants, teachers in the South Whittier Elementary School District, sought by writs of mandate in the superior court to require the respondents to fix their salaries for the school year 1938-39 at least in the sum of $1,600 and accordingly to draw warrants upon the county treasurer of Los Angeles County for such sums. Appellant Kacsur al...
Views: 14
Page 599
This appeal from a judgment for the plaintiff is submitted on the judgment roll and the appellant’s opening brief. The judgment roll shows the following facts: The defendant Leonard G. Nicoll was the inventor of a method of making photographic reproductions in color, for which a United States patent had issued, of a “one-shot” color camera, and various parts, processes and secret formulae in ...
Views: 1
Page 603
By this action in equity plaintiff sought to have a trust declared upon certain real property for her
*605
benefit. Claim to relief was based upon allegations of extrinsic fraud on the part of defendants in procuring a decree of foreclosure upon this land. The question to be determined is whether the plaintiff is barred from maintaining this action by virtue of a former adjudicatio...
Views: 0
This cause was taken over after decision by the District Court of Appeal of the Fourth Appellate District, not because of any dissatisfaction with the conclusion there announced, but for the sole purpose of deleting certain language from the opinion. Upon further examination of the record, we adopt the opinion of Mr. Justice Marks, with such omissions and additions as hereinafter appear, as and...
Views: 4
Page 616
This action was brought pursuant to the provisions of sections 33 and 98 of the Land Title Act (2 *617Deering’s Gen. Laws, Act 8589) for a decree compelling the registrar of titles to file a deed conveying certain real property to plaintiff, to cancel a certificate of title theretofore issued to the defendants Svensrud, and to issue a certificate of title to plaintiff showing him to be the owner o...
Views: 0
In this proceeding an alternative writ of mandate was granted upon a showing that the superior court had refused to direct its clerk to issue an execution upon a judgment. The question for decision concerns the time within which a judgment, which has been revived under the provisions of section 708 of the Code of Civil Procedure, “has the same force and effect” as the original one. The judgment...
Views: 7
Page 623
This appeal is from an order admitting to probate an instrument which purports to be the last will and testament of Orrie Emma Krause, deceased. On the hearing of the cause the testimony of a subscribing witness, Mrs. Frizelle, furnished practically the only evidence showing the circumstances surrounding execution of the instrument. This testimony, in substance, was embodied in findings of the ...
Views: 4
This appeal was taken by plaintiff from a judgment entered in favor of defendant, after a directed verdict. On April 25, 1935, Archibald Reid Van Antwerp took out a five-year, convertible, non-participating, term policy of insurance with defendant, for the sum of $5000, payable to his wife, if living, otherwise to his son. The policy provided for quarterly premiums of $21.50, and for a period o...
Views: 10
In this proceeding in mandamus the trial court entered a judgment which reinstates plaintiffs in the positions of policewomen of the city of San Diego, and directs payment of their salaries at the rate of $157 per month from date of commencement of the action. Defendants, the city, its officers and agents, have appealed. Prior to 1939, plaintiffs reached the status of classified employees of th...
Views: 3
Page 645
Although the plaintiff was awarded an interlocutory decree of divorce upon a complaint charging his wife with extreme cruelty, the court ordered him to pay her $840. His appeal, which is upon the judgment roll alone, concerns only this portion of the decree. In the cross-complaint the wife alleged that her husband had committed acts constituting cruelty. By other allegations, she asserted that ...
Views: 13
The petitioner, the county of San Bernardino, filed in this court its petition for a writ of mandamus to compel the respondent county surveyor to prepare a diagram of the property included within Boad Improvement District No. 38 of the County of San Bernardino, and to make an assessment, both as provided by the Befunding Assessment Bond Act of 1935. (Stats. 1935, p. 2023, as amended Stats. 1937, p...
Views: 0
Page 667
18 Cal.2d 667 (1941)
PAUL H. BRUNS, Petitioner,
v.
THE STATE BAR OF CALIFORNIA, Respondent.
L. A. No. 17850.
Supreme Court of California. In Bank.
Oct. 1, 1941.
Paul H. Bruns in pro. per., L. J. Styskal and M. E. Barth for Petitioner.
W. Eugene Craven and Joe Crider, Jr., for Respondent. *668
THE COURT.
In two separate proceedings instituted before a local administrative committee of The S...
Views: 18
Page 674
Plaintiffs owned a furnished apartment house in Los Angeles. In March, 1939, they listed the house and furniture with defendant, a licensed real estate broker, the house to be leased at $250 per month, the furniture to be sold for $3,000 cash, such amounts to be
net
to plaintiffs. A listing card setting forth these terms was signed by plaintiffs and left in the possession of defendan...
Views: 16
Page 682
Petitioner was cited to appear before a local administrative committee of The State Bar and to show cause why he should not be disciplined for professional misconduct growing out of the alleged violation of his oath and duties as an attorney and the commission of acts involving moral turpitude within the meaning of sections 6103 and 6106 of the State Bar Act. At the conclusion of its hearing, the ...
Views: 0
In October, 1940, the petitioner, an attorney at law admitted to practice in this state, was charged with misconduct involving moral turpitude and dishonesty (sec. 6106, art. 6, State Bar Act), in that he retained and converted to his own use moneys of his client deposited with him for disbursement. The petitioner was born in San Francisco in April, 1894. He became an electrician by trade and was ...
Views: 8
Page 688
The defendant was charged in two counts with statutory rape (Penal Code, section 261), and in two additional counts with violation of section 288 of the Penal Code. A jury found him guilty on the first two charges, recommending imprisonment in the county jail, and not guilty on the other charges. He has appealed from the judgment of conviction and from the order denying his motion for a new trial...
Views: 17
Page 697
The appeal in this case was originally heard by the First District Court of Appeal, Division One. Following a decision by that court, a petition for hearing by this court was granted. Consideration of the cause leads us to the conclusion that the appeal was correctly decided by the District Court of Appeal. Its opinion rendered therein, which was prepared by Mr. Presiding Justice Peters, is there...
Views: 4
The appeal in this case was originally heard by the First District Court of Appeal, Division One. Following a decision by that court, a petition for hearing by this court was granted. Consideration of the cause leads us to the conclusion that the appeal was correctly decided by the District Court of Appeal. Its opinion rendered therein, which was prepared by Mr. Presiding Justice Peters, is there...
Views: 2
The plaintiff, a tax-payer of the city and county of San Francisco, sought an injunction against the city, its board of supervisors, the housing authority of the city and its members, to prevent the performance of the provisions of certain contracts entered into pursuant to the Housing Authorities Law, and to have such contracts declared void. The court found for the defendants and entered judgme...
Views: 16
By this proceeding in mandamus petitioner seeks to compel the respondent superior court to vacate a decree and to grant a trial de novo. In May, 1937, one Lucientes instituted an action in the respondent superior court against the Bartholomae Oil Corporation, petitioner here, to establish a trust interest in certain mining properties and for an accounting. Complaints in intervention were fi...
Views: 2
This action was brought to recover a loss suffered by plaintiff by reason of damage to a ten-ton truck, which it had sold under a conditional sales contract to one Thomas on November 28, 1932. From a judgment
*735
against both defendants and their two separate policies, both defendants appealed on separate records.
At all times herein mentioned plaintiff will be referred to as...
Views: 5
This appeal by Pacific Indemnity Company is from the same judgment as that affirmed by our decision this day filed (No. 16600, ante, p. 731 [117 Pac. (2d) 661]). Other points, however, raised by this appeal require separate consideration.
1. It is contended that the conditional judgment transforms appellant’s excess insurance to a suretyship for Detroit’s financial responsibility. Pacific argues t...
Views: 9
The plaintiff brought an action to quiet title to certain lots in the city of Newport Beach, county of Orange. In the complaint it alleged that the defendant claimed some interest in the real property adverse to the plaintiff. The defendant, C. P. Warden, filed a verified answer denying ownership in the plaintiff, and alleging ownership in himself. He prayed that the plaintiff take nothing by the...
Views: 1
Page 761
This is an appeal from a judgment entered in a quiet title action. Judgment went against plaintiff, Louisa S. Valle, on her complaint and in favor of the defendant and cross-complainant, Minnie H. Ingram, quieting the latter’s title to an undivided one-third interest in the real property here involved. The effect of the decree is to leave a two-thirds undivided interest in the plaintiff. The cros...
Views: 1
Plaintiff, an illegitimate child, brought an action through her mother, her guardian ad Mem, against the defendant for support and a judicial declaration of paternity. The trial court issued an order directing defendant to show cause why he should not pay support, court costs, and attorney’s fees pending determination of the action. Upon defendant’s objection that the court had no jurisdiction ...
Views: 8
The Industrial Accident Commission having made its award in the sum of $2114.50, which was paid, to plaintiff for injuries sustained by him in the course of his employment by defendants, he subsequently instituted this action for damages. The Labor Code authorizes such an action where the employer fails to carry compensation insurance. After 21 days of trial, the jury returned a verdict in plai...
Views: 18
Page 790
The defendants, George D. Howland and Annie E. Howland, have appealed from a judgment for the plaintiff Lotus Howland in an action to quiet title to certain land situate in the county of Los Angeles. The same defendants also appealed from an order of the trial court terminating all proceedings on the appeal. The plaintiff moved to dismiss the appeal from the judgment. That motion was denied for th...
Views: 0
Page 794
This is an appeal from an order refusing to vacate the interlocutory and final decrees of divorce entered in the above-entitled cause. The action was commenced in Los Angeles County on October 11, 1923. An order for publication of summons was procured upon the affidavits of plaintiff and her counsel that after due diligence defendant could not be found within the state. Summons was duly publish...
Views: 2
Plaintiffs, husband and wife, commenced this action against defendants for damages for injuries sustained by plaintiff, Pearl Hatfield, from a fall in defendants’ mercantile store, alleged to have been caused by the negligent maintenance of the floor. Defendants denied that they were negligent and pleaded the defense of contributory negligence. A jury trial was had resulting in a verdict for pl...
Views: 16
Pursuant to an order issued by The State Bar of California, the petitioner, Clifton Hildebrand, an attorney at law, was directed to appear before Special Local Committee No. 3 for the county of Alameda on or about July 18, 1939, then and there to show cause why he should not be disciplined for alleged professional misconduct on four separate charges as set forth in the said order. The charges con...
Views: 4
California law enforcement officers seized a large purse seine fishing net in use on the fishing boat “Reliance” in navigable waters of the Pacific Ocean adjacent to Catalina Island. The taking of fish by net within these waters is unlawful. (Fish and Game Code, sec. 842.) The California Fish and Game Commission filed a petition in the superior court asking for a judgment to declare the net a p...
Views: 3
Petitioner seeks annulment of an order of the Industrial Accident Commission denying him compensation.
Viewing the evidence most favorable to respondents it appears that petitioner, Joseph H. Smith, was employed as an unskilled laborer by the Golden Gate International Exposition on April 8, 1940, at Treasure Island in San Francisco Bay. His duties consisted of performing labor on various portions ...
Views: 5
The defendants, Civil Service Commission of the City and County of San Francisco et al., appeal from a declaratory judgment decreeing that plaintiffs are the holders of permanent civil service positions as *853general clerk stenographer in the public welfare department of the city and county, and ordering their reinstatement in such positions, and the payment of their salaries at the rate of $150 ...
Views: 5
18 Cal.2d 859 (1941)
THE CITY OF LOS ANGELES, Petitioner,
v.
MILTON OFFNER, Respondent.
S. F. No. 16607.
Supreme Court of California. In Bank.
Oct. 21, 1941.
Ray L. Chesebro, City Attorney, and Hugh H. MacDonald, Deputy City Attorney, for Petitioner.
Paul E. Schwab, as Amicus Curiae, on behalf of Petitioner.
Richard C. Waltz for Respondent.
THE COURT.
By this proceeding in mandamus the pe...
Views: 4
By this proceeding in mandamus the petitioner, city of Los Angeles, seeks to compel the respondent, as secretary of its board of public works, to post and publish notices inviting sealed bids for the construction and *860leasing to the city of a rubbish incinerator. As alleged in the petition herein, the resolution of the board providing for the proposed incinerator requires that such bids be rece...
Views: 0
By this proceeding in mandamus the petitioner, city of Los Angeles, seeks to compel the respondent, as secretary of its board of public works, to post and publish notices inviting sealed bids for the construction and *860leasing to the city of a rubbish incinerator. As alleged in the petition herein, the resolution of the board providing for the proposed incinerator requires that such bids be rece...
Views: 0
Page 860
The plaintiff brought this action to recover taxes paid under protest under the Retail Sales Tax Act of 1933. (Stats. 1933, p. 2599; Deering’s Gen. Laws [1935], Act 8493; see Revenue and Taxation Code, Part I, Stats. 1941, eh. 36.) The complaint contained twenty-one causes of action upon five of which judgment was rendered for the plaintiff. The plaintiff originally appealed on all causes of ac...
Views: 1
Plaintiff, the wife of an employee of the Southern Pacific Railroad, was traveling on a free pass from El Paso, Texas, to Sacramento, California, aboard a Southern Pacific train when it collided with an eastbound train standing upon a siding in California. Plaintiff brought this action against the railroad to recover damages for personal injuries suffered in the collision. The complaint alleges...
Views: 17
Page 872
The District Attorney of Monterey County commenced this action on behalf of the People of the State of California to restrain defendants from continuing the operation of a gambling establishment in the city of Monterey. The complaint set forth the manner in which the various games were played and alleged that the operation of this gambling house constituted a public nuisance by encouraging idle...
Views: 2
In these consolidated eases petitioners seek to challenge the validity of a judgment of contempt issued against them by the Superior Court of Los Angeles County. The judgment of contempt arose out of a proceeding in equity in which the Attorney General sought to enjoin the wide-spread activities of the Annenberg racing news service throughout the state. The complaint for an injunction alleged tha...
Views: 3
Page 888
The appeals in the above entitled action have been determined this day by an affirmance of the judgment and of the supplemental order (ante, p. 518) [116 Pac. (2d) 442].) Pending said appeals, the appealing defendants applied for a writ of supersedeas to stay execution for costs provided for in said judgment. On January 20, 1941, this court issued an order to show cause why the writ applied for sh...
Views: 0
Page 889
Petitioner seeks by a writ of habeas corpus to obtain his release from imprisonment under an order of the Superior Court of Los Angeles adjudging him in contempt of court. This case arises from the attempt of the Attorney General to enjoin the activities of the Annenberg racing news service which is described in Kreling v. Superior Court, ante, p. 884 [118 Pac. (2d) 470] (this day decided). The pe...
Views: 0
This is an application for a writ of prohibition to prevent the respondent superior court from enforcing the judgment and supplemental order in the case of J. J. Fleming et al. v. J. R. Bennett et al., No. 4573 in the files of said superior court. The appeals in said cause having been decided in favor of and upholding the jurisdiction of the court (Sac. Nos. 5447 and 5420, this day filed, ante, p....
Views: 0
This is an application for a writ of prohibition to prevent the respondent superior court from enforcing the judgment and supplemental order in the case of J. J. Fleming et al. v. J. R. Bennett et al., No. 4573 in the files of said superior court. The appeals in said cause having been decided in favor of and upholding the jurisdiction of the court (Sac. Nos. 5447 and 5420, this day filed, ante, p....
Views: 0
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