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All Reporters → cal-2d → Volume 44

Opinions in cal-2d Volume 44

44 Cal.2d 1 (1955) 279 P.2d 24 In re CARYL CHESSMAN, on Habeas Corpus. THE PEOPLE, Petitioner, v. SUPERIOR COURT OF MARIN COUNTY, Respondent; CARYL CHESSMAN, Real Party in Interest. Docket No. Crim. 5591. S.F. No. 19158. Supreme Court of California. In Bank. February 1, 1955. *3 Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and Charles E. McClung, Deputy Attorne...
Views: 15
By a petition for a writ of habeas corpus filed on October 17, 1951, Caryl Chessman, an inmate of San Quentin State Prison whose appeal from 17 judgments of conviction was pending, sought relief from allegedly illegal conditions of imprisonment which assertedly interfered with his representation of himself.1 On December 18, 1951, this court affirmed the judgments, two of which imposed the death pe...
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Eugene Burwell and James A. Rogers, inmates of the state prison at San Quentin, were charged with murdering two San Quentin guards, Charles W. Wiget and Vern A. Mackin. Verdicts of conviction without recommendation as to penalty were returned by the jury and death sentences were imposed. There is here an appeal from the judgment of conviction and from an order denying a motion for a new trial a...
Views: 20
The defendant was charged by information in Count I with the kidnapping of Belle Brooks on November 20, 1953, with intent and for the purpose of committing robbery, and in Count II with the murder of Andrew Kmiec on November 21, 1953. The information also alleged that the defendant was armed with a deadly weapon at the time of each offense and that he had previously been convicted of the felonies...
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This is a proceeding in mandamus. The alternative writ issued. The respondent Harry D. Ross is the controller of the petitioning city and county and upon request refused to certify to the availability of funds in the city’s off-street parking bond fund for the acquisition by eminent domain of a proposed off-street parking garage site between Ellis and 0 ’Farrell Streets in downtown San Francisc...
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The county of Fresno and certain county officers have appealed from a judgment permanently enjoining them from “ enforcing or causing Ordinance No. 415 of the County of Fresno or any part or provision thereof to be enforced.” The judgment is based upon the conclusion that the ordinance, upon its face, unconstitutionally abridges the right of free speech. *62Known as the “Fresno County Anti-Noise O...
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This is an appeal from an order setting aside an information charging defendant with pimping, a violation of section 266h of the Penal Code. The evidence at the preliminary hearing showed that defendant had solicited a customer for a woman who was known to defendant to be a prostitute, but there was no evidence to show that defendant either solicited compensation or received compensation f...
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By unverified complaint plaintiffs commenced an action in San Francisco for the alleged wrongful death of Philip Badella, the husband and father of plaintiffs. Named as defendants are Mr. and Mrs. Miller, Earl George and four other defendants. It is alleged the Millers were the owners and operators of riding stables in Sonoma County and were owners or part owners or in charge of a horse named “Sal...
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The Division of Water Resources of the Department of Public Works issued a permit authorizing the Riverside County Flood Control and Water Conservation District to appropriate annually a quantity of water from the Bautista Creek, a tributary of the San Jacinto River. By this proceeding in mandamus, Temescal Water Company and the Elsinore Valley Municipal Water District are endeavoring to compel...
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This case is obviously before this court because a majority of this court was dissatisfied with the treatment of its opinion in Gray v. Brinkerhoff, 41 Cal.2d 180 [258 P.2d 834], by the District Court of Appeal when the case at bar was decided by that court (see (Cal.App.) 272 P.2d 56). This is not the first time that District Courts of Appeal have been misled by the decision of this court in Gray...
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Plaintiff, Paul E. McBride, appeals from a judgment of nonsuit in an action to recover damages for personal injuries which resulted when he fell while alighting from the steps of one of the defendants’ railroad cars. Plaintiff was a fare-paying passenger in a Pullman car on defendant railroad’s Grand Canyon line which originated at Los Angeles and was eastbound. Plaintiff, who had undergon...
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Plaintiffs were injured in a collision when their automobile, while making a left-hand turn at a highway intersection, was struck by an oncoming tractor, pulling two gravel-loaded trailers. Plaintiffs brought actions against Homen, owner of the tractor, and his employee, Redinger, the driver. Homen cross-complained against the plaintiff driver of the automobile, Charles K. Sparks, for damages to h...
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In 1950, Max Holsinger was awarded a decree of divorce from Anne Holsinger. By the final decree, they were given “the joint legal custody” of their two children, the mother to have “actual physical custody” of them, subject to certain rights of the father. Upon his application, these provisions were modified, and the mother’s appeal is from the order enlarging his custodial rights. The custody ...
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The rental agreed to be paid by Sears, Roebuck and Company for a building leased to it by Lazard *139 Lippman was $285 per month and an additional amount based upon the total sales made by the lessee. The appeal of the lessee from an adverse judgment presents for decision the question as to the amount of rent a lessor is entitled to receive under a “percentage,” lease from a tenant who disconti...
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44 Cal.2d 147 (1955) Estate of JOSEPH C. POISL, Deceased. EMMA POISL, Appellant, v. ROBERT L. FERGUSON, as Executor, etc., et al., Respondents. L. A. No. 23133. Supreme Court of California. In Bank. Mar. 15, 1955. V. P. Lucas, J. Oscar Goldstein, P. M. Barceloux, Burton J. Goldstein and Goldstein, Barceloux & Goldstein for Appellant. Thomas W. Hughes and Michael A. Gaynes for Respondents...
Views: 6
In August, 1950, defendant orally agreed to employ plaintiff on a full time basis in his general contracting business. The agreement was put in writing in April, 1951, in the form of a letter from defendant to plaintiff, which provided: “I hereby offer to employ you as an estimator and office manager in my general contracting business for a period of *155 one year commencing January 1, 1951, ...
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The appeal of Jack Sykes, who with Rudy Mercado, was indicted for furnishing marijuana to Beverly Detricb, a minor, is from the judgment of conviction of the crime of violating section 11714 of the Health and Safety Code. Beverly Detrick, 17 years of age, testified that while she was sitting in a café, Sykes entered, took a marijuana cigarette from his pocket, and handed it to Mercado. After Merca...
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44 Cal.2d 178 (1955) FRANK BOMPENSIERO, Petitioner, v. SUPERIOR COURT OF SAN DIEGO COUNTY et al., Respondents. L. A. No. 23513. Supreme Court of California. In Bank. Mar. 18, 1955. Augustine, Bryans, Ragen & O'Connor and Frank Desimone for Petitioner. Edmund G. Brown, Attorney General, William E. James, Deputy Attorney General, James Don Keller, District Attorney (San Diego), Barton C. S...
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Defendants appeal from a judgment awarding plaintiffs the difference between the amount defendants paid plaintiffs for a trucking job at the hourly rate and the larger amount allegedly due at the ton-mileage rate. Both minimum rates were fixed in public tariffs issued by the Railroad Commission (now the Public Utilities Commission) pursuant to the Highway Carriers’ Act. (Stats. 1935, ch. 223, p...
Views: 7
Plaintiff was injured when his motorcycle collided with the locomotive of a train, and he seeks to recover damages from the Los Angeles Junction Railway Company and the Atchison, Topeka and Santa Pe Railway Company. At the conclusion of plaintiff’s evidence, both defendants moved for a nonsuit. The motions were granted, and judgment was entered accordingly. The train was operated by defendant L...
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Plaintiff and plaintiff in intervention appeal from a judgment for defendants entered after defendants’ demurrers to their complaints were sustained without leave to amend. Plaintiffs sought to enjoin defendants from appropriating and expending for general municipal purposes the income derived from the sale of oil and gas produced from the tide and submerged lands granted in trust to the city of L...
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In these actions plaintiffs sought damages for personal injuries alleged to have been caused by the negligence of Riverside Portland Cement Company, hereafter referred to as defendant, and California Electric Power Company, hereafter referred to as California. The jury awarded $50,000 to plaintiff Austin (reduced to $25,000 on motion for new trial) and $100,000 to plaintiff Boehm against defend...
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In this habeas corpus proceeding the ultimate question is whether the District Court of Appeal, after modifying consecutive sentence judgments in two consolidated criminal cases by striking out findings of two prior convictions, has power to itself implicitly determine upon the changed record whether probation shall be granted or denied and whether the sentences shall run cumulatively or concurren...
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Defendant was charged by information with the murder of Ralph R. Welch, on or about July 23, 1953, and with two prior convictions of felony (issuing a check with intent to defraud and issuing a cheek with no account). He pleaded not guilty and not guilty by reason of insanity. A jury found defendant guilty of murder of *255the first degree and made no recommendation as to penalty j1 the jury furth...
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The Pacific Telephone and Telegraph Company has been engaged in operating a telephone and telegraph system since January 2, 1907, and its lines are used in rendering a local, statewide and interstate communication service. The city of Los Angeles and surrounding areas are serviced by Pacific and connecting telephone companies. In 1951, shortly before a municipal franchise under which it had bee...
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The city of Petaluma brought this action to restrain Pacific Telephone and Telegraph Company from using city streets for telephone and telegraph service until it obtains a municipal franchise to conduct a communications business and to use the streets and other public places for its lines and equipment. A general demurrer was sustained to the complaint, and the city has appealed from the ensuin...
Views: 12
44 Cal.2d 289 (1955) ELLA C. BABBITT, Respondent, v. DOUGLAS B. BABBITT et al., Defendants; AGNES M. McGOWAN, Appellant. L. A. No. 22931. Supreme Court of California. In Bank. Apr. 15, 1955. Benjamin D. Brown and A. James Ayers for Appellant. Ernest Best for Respondent. SHENK J. This is an appeal by the defendant from a judgment in which the plaintiff was granted an interlocutory decree of...
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The question here presented for decision concerns the scope and effect of notices of tax lien of the United States of America. The appeal is from a judgment holding that the federal government may not recover from *300the judgment debtors of the taxpayer the amount stated in those notices to be due for unpaid taxes, and also that it has no right to money on deposit with the municipal court. Max La...
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The heirs of S. P. A. Sorensen, deceased, claim the assets of his estate. The appeal is from a decree which determines, inter alia, that distribution must be made to the State of California for failure of the heirs “to appear and demand the property within five years from the date of succession” as required by section 1026 of the Probate Code. 1 Sorensen died intestate in 1934. His only hei...
Views: 5
Plaintiff, Thomas Warner, Jr., appeals from a judgment of nonsuit in an action for damages for personal injuries. Plaintiff originally brought suit against Clin Industries, Inc., a corporation (aka Western Cartridge Company), and G. W\\ Rushmore, Amory P. Eeldey, Thomas Browne. *312 Gene Nordlund and Edward Nagle. Prior to trial, defendants Rushmore and Eckley paid plaintiff the su...
Views: 13
On August 3, 1951, plaintiff brought an action seeking damages for breach of an oral contract. He alleged in his third amended complaint “That on or about the 17th day of October 1950 the plaintiff and defendants entered into an oral agreement” whereby he was given the exclusive right to buy from defendants certain patented shower heads. He also alleged that “a written memorandum of said agreem...
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Judgment was entered on a verdict for defendant in an action for wrongful death. Plaintiffs appeal from the judgment and the order denying their motion for a new trial. Since the latter order is not appealable, the appeal therefrom is dismissed. On May 21, 1951, Bonnie, 12, and her sister, Carolyn, 8, got off the school bus at the intersection of Wren and Sierra roads in Stanislaus County at about...
Views: 0
This is an appeal from a judgment entered on a verdict in favor of the defendant in an action for damages for personal injuries sustained by plaintiff pedestrian in a collision with a San Francisco municipal railway bus. There is also an appeal from a denial of a motion for a new trial by operation of law because of the failure of the trial court to determine the motion within the statutory per...
Views: 8
Defendants-appellants herein are Oilfields Trucking Company and Phoenix Construction Company, two corporations, hereinafter called, respectively, Oilfields and Phoenix. They appeal from a judgment in plaintiff’s favor, entered on a jury verdict, in his action to recover for personal injuries suffered in a trucking accident. The judgment now on appeal was rendered on a second trial of the action...
Views: 11
44 Cal.2d 359 (1955) FRED H. MILLER, Appellant, v. DONALD GLASS et al., Respondents. L. A. No. 23504. Supreme Court of California. In Bank. Apr. 22, 1955. Fred H. Miller, in pro. per., for Appellant. Edmund G. Brown, Attorney General, Alexander Googooian, Deputy Attorney General, Reed & Kirtland and Robert C. Packard for Respondents. SPENCE, J. Plaintiff appeals from a summary judgment...
Views: 9
44 Cal.2d 364 (1955) 282 P.2d 64 GEORGE SMITH, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION et al., Respondents. Docket No. S.F. 19019. Supreme Court of California. In Bank. April 22, 1955. *365 Julius M. Keller for Petitioner. Edmund G. Brown, Attorney General, Gerald A. Carrera, Deputy Attorney General, Everett A. Corten and T. Groezinger for Respondents. SCHAUER, J. George Smith, an applicant...
Views: 13
Defendant Rossi appeals from a judgment of conviction for violating section 137 of the Penal Code and from an order denying his motion for a new trial. Defendants Terry and Rossi were accused of violating said section in that they gave and promised to give a bribe to Norman Moore and John Mallick, persons who were about to be called as witnesses, upon the understanding and agreement that their ...
Views: 14
Letters of administration in the estate of George A. Calhoun were issued to Daisy Oreb, the natural daughter of Calhoun’s adoptive parents. Her appeal from an order revoking those letters and appointing Walter William Pettit, a natural brother of the decedent, as administrator, presents for determination the conflicting claims of Mrs. Oreb and the blood relatives of Calhoun to the right to succeed...
Views: 0
Defendant appeals from an order denying its motion to discharge an attachment. The action in which the attachment was issued was brought to recover money due under a written contract made in the state of Florida. The contract was silent as to the place of payment, and the trial court admitted parol evidence to determine the place of payment. Defendant contends that this was improper, and that i...
Views: 12
Defendant appeals from judgments in favor of plaintiffs Ferro and Monarch in actions that were separately filed but were consolidated for purposes of trial and appeal. In these actions plaintiffs seek to recover insurance proceeds paid for their wine, which was destroyed by fire while stored with Sunnyside Winery. These proceeds came into defendant’s possession, and plaintiffs contend that defe...
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Arthur W. Stowe sued for damages for bodily injuries, naming as defendants Fritzie Hotels, Inc., and Fritzie Hotels, Inc., doing business as St. Francis Hotel and Apartments. His appeal from a judgment of dismissal presents questions concerning the sufficiency of his complaint. The complaint is in three counts. In the first five paragraphs of count one, Stowe alleges that the defendants “w...
Views: 16
Defendant, while confined in Soledad State Prison, was charged with violating section 4500 of the Penal Code. That section provides: “Every person undergoing a life sentence in a State prison of this State, who, with malice aforethought, commits an assault upon the person of another ... by any means of force likely to produce great bodily injury, is punishable with death.” The jury found defendan...
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44 Cal.2d 434 (1955) 282 P.2d 905 THE PEOPLE, Respondent, v. CHARLES H. CAHAN, Appellant. Docket No. Crim. 5670. Supreme Court of California. In Bank. April 27, 1955. *435 Russell E. Parsons for Appellant. John G. Buresh, Richard V. Bettini, Morris Lavine, Horace Appel, Albert C. Garber, A.L. Wirin, Nathan L. Schoichet and Morris M. Grupp as Amici Curiae on behalf of Appellant. Edmund G. Brown, A...
Views: 50
44 Cal.2d 459 (1955) 282 P.2d 509 THE PEOPLE, Respondent, v. ALFRED BERGER, Appellant. Docket No. Crim. 5664. Supreme Court of California. In Bank. April 27, 1955. Morris M. Grupp for Appellant. Charles R. Garry, Norman Leonard, George Olshausen and Leo R. Friedman as Amici Curiae on behalf of Appellant. *460 Edmund G. Brown, Attorney General, Clarence A. Linn, Chief Assistant Attorney General, E...
Views: 21
Plaintiff appeals from a judgment barring further prosecution of this action. The judgment was entered after a'trial of defendant’s special defense (Code Civ. Proe., § 597) to plaintiff’s complaint for prospective and retroactive enforcement of defendant’s obligations under a separate maintenance decree entered in the New Jersey Court of Chancery on May 19, 1947. Plaintiff and defendant were marri...
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This is a consolidated appeal by plaintiffs in two personal injury actions which were separately tried but which arose out of the same accident. It is submitted on two separate settled statements, which are substantially the same in their presentation of the evidence and are so treated by counsel for plaintiffs in discussing the legal points in the joint briefs presented on plaintiffs’ behalf. Pla...
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After a personal injury action was set for trial, the defendants made a motion for an order requiring the plaintiff to submit to an examination by defendants' doctor in the absence of her attorney. Plaintiff consented to the examination but requested that she be permitted to have her attorney present. The respondent court made an order directing that she “submit to an oral and physical examinatio...
Views: 9
Harold Jackson and Joseph Lear were tried jointly upon an indictment which charged that they kidnaped Leonard Moslcovitz for ransom or reward, inflicting bodily harm upon the victim. A second count of the indictment alleged that they conspired to commit the crime and that they were armed with a deadly weapon when it was committed. Jackson’s prior conviction of a felony was also pleaded. A jury fou...
Views: 0
Defendant appeals from a judgment of conviction of receiving stolen property in violation of section 496 of the Penal Code. * The admitted thief, Diggs, sold two jeep tires and three power tools to defendant, who was in the business of buying and selling used merchandise. The testimony of Diggs, the principal witness for the prosecution, was substantially as follows: The stolen goods were sol...
Views: 5
On September 30, 1952, plaintiff Gertrude Mueller filed this action for divorce against defendant Kurt Mueller alleging extreme cruelty. Defendant cross-complained for divorce alleging extreme cruelty and adultery. The parties were married in 1936 and have three children who were 15, 12, and 9 years of age at the time of the trial. Plaintiff testified that it had been a bad marriage and that she ...
Views: 14
Petitioner seeks to annul the order of respondent court adjudging him guilty of contempt for failure to pay the sum of $195 theretofore ordered to be paid by him as counsel fees and court costs. He contends that his conviction of contempt was an act in excess of jurisdiction because there was no evidence to show that he had knowledge or notice of the provisions of the order which he allegedly d...
Views: 10
Plaintiff was employed by defendant, a common carrier by railroad, when he was injured while working on the construction of new railroad ears. In this action, which was brought under the Federal Employers’ Liability Act, the parties stipulated to the existence of negligence and the amount of plaintiff’s damages. The sole question left for determination was whether the act was applicable. The tr...
Views: 1
Plaintiff brought this action under the Federal Employers’ Liability Act, seeking recovery for injuries sustained while working as a molder of freight car wheels in a foundry operated by defendant railroad company. He set forth three causes of action in his complaint, alleging that his injuries resulted, first, from negligent' operation of a crane, second, from negligent maintenance of the cran...
Views: 0
Plaintiff appeals from a judgment against him in an action brought under the Federal Employers’ Liability Act to recover damages for injuries he sustained while working for defendant railroad company. The court, sitting without a jury, took evidence on the question of whether the *548 federal act applied and the case then proceeded to trial before a jury on the other issues. A verd...
Views: 0
These two actions, consolidated for trial, were brought by plaintiffs against the County of Orange and the City of Huntington Beach to recover 1951-1952 city taxes levied on plaintiffs’ leasehold interests in state-owned tide and submerged lands sought to be annexed by the city in 1950. Judgments of dismissal were entered upon the sustaining, without leave to amend, of demurrers to the complain...
Views: 8
Petitioners, plaintiffs in an action pending in the Superior Court of Los Angeles County, seek a writ of mandate directing respondent court to set aside an order sustaining defendant’s refusal to answer certain questions in a pretrial deposition and to enter an order compelling defendant to answer these questions and any other similar questions that may be asked. The complaint in the pendi...
Views: 12
Plaintiff, the assignee of contracts of conditional sale, brought these two actions for money against the assignor-seller, herein called defendant. The actions were tried together. In the first action, referred to by the parties as the “with recourse assignment” case, the parties stipulated that plaintiff have judgment in specified sums on the first and second causes of action and that the sums du...
Views: 0
Some of the beneficiaries of a trust established by Henry Miller brought a suit for removal of the trustees and for additional relief. Respondent court appointed a receiver, accepted the resignations of two trustees, removed the third trustee and appointed successor trustees. This proceeding was then commenced by other beneficiaries to prohibit further steps from being taken in that action and ...
Views: 11
Defendant appeals from a judgment entered upon a jury verdict in favor of plaintiffs Crowe and Lowe in the sums of $8,500 and $11,000 respectively, in a personal injury action arising out of an automobile collision. *592 The principal error urged on appeal is that the trial court committed prejudicial error (1) in telling the jury after its proposed verdict was brought in (but before it was r...
Views: 6
This is an appeal from a judgment granting a nominal award of one dollar in a condemnation proceeding. The defendant Pacific Electric Railway Company, hereinafter referred to as the company, is an interurban electric railway corporation. It has a right of way for its tracks along Long Beach Boulevard, a street running north and south in the city of Long Beach and intersecting Willow Street, a s...
Views: 2
44 Cal.2d 604 (1955) SUBSEQUENT INJURIES FUND OF THE STATE OF CALIFORNIA, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION and MARY M. HARRIS, Respondents. L. A. No. 23298. Supreme Court of California. In Bank. May 27, 1955. Edmund G. Brown, Attorney General, Donald D. Stoker and W. B. Thayer, Deputy Attorneys General, for Petitioner. Everett A. Corten, Benjamin L. Wolfe and T. Groezinger for R...
Views: 9
Harold Donald Murray, petitioner, seeks by writ of certiorari to review the lawfulness of an order of civil arrest issued by respondent court on August 12, 1954. Respondent court denied a motion to quash said order on August 16, 1954, and this petition followed. Donald N. Uthus, real party in interest, filed an action against Murray on August 12,1954, seeking to recover various amounts of ...
Views: 8
44 Cal.2d 625 (1955) SADIE HILLMAN, Appellant, v. RUDOLPH GARCIA-RUBY et al., Respondents. S. F. No. 19238. Supreme Court of California. In Bank. May 27, 1955. James C. Purcell and Michael Riordan for Appellant. Bronson, Bronson & McKinnon and John F. Ward for Respondents. TRAYNOR, J. Plaintiff appeals from a judgment entered on a jury verdict in an action for personal injuries. Plaint...
Views: 1
Petitioners, William R. Harden and Pearl B. Harden, his wife, Chester N. Harden and Virginia Hart Harden, his wife, seek a writ of prohibition to restrain further proceedings in an eminent domain action brought against them and other property owners by the city of Hayward. Petitioners own certain land in Alameda County, lying adjacent to, but outside the corporate boundaries of, the city o...
Views: 20
Petitioner is now serving sentences at Folsom State Prison under two judgments of conviction, one a 1938 conviction of first degree burglary (Los Angeles Superior Court No. 73864), the other a 1953 conviction of second degree burglary (San Francisco Superior Court, No. 49121). In this petition for the writ of habeas corpus petitioner alleges that he is being illegally restrained of his liberty, f...
Views: 15
While working as an employee of a roofing subcontractor, Robert Carl Pauly sustained injuries in a fall from a building. He sued the "general contractor and another subcontractor, charging negligence. Upon his appeal from a judgment in favor of both defendants, Pauly challenges instructions which define the duties owed to him and rulings upon the admission of evidence. There is no dispute as to th...
Views: 0
Defendant, a real estate broker, was charged with grand theft in violation of paragraph 1 of section 487 of the Penal Code. That statute provides in material part, 11 Grand theft is theft committed in any of the following eases: 1. When the money, labor or real or personal property taken is of a value exceeding two hundred dollars ...” Defendant pleaded not guilty and was tried by a jury instruct...
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Defendants appeal from judgments of conviction of burglary of the second degree, pursuant to jury verdicts, and from an order denying their motion for new trial. We have concluded that defendants were deprived of their right to have the evidence fairly appraised by the jury because of improper comment of the prosecuting attorney, the effect of which was made more serious by comment of the trial j...
Views: 15
This is an appeal from an order modifying an annulment and custody decree. The plaintiff, Dorothy, had been married to one Kent. She separated from Kent who commenced divorce proceedings against her in Oklahoma. Kent informed Dorothy that he was obtaining his divorce from her on July 1, 1950. Dorothy married Joe, the defendant, on July 7, 1950. At the time of that marriage Dorothy was pregnant....
Views: 10
44 Cal.2d 695 (1955) S. WOLFF, Respondent v. JOSEPH P. FALLON et al., Defendants; R. T. STEPHENS et al., Defendants and Appellants; INGLESIDE TERRACES HOME OWNERS ASSOCIATION (a Nonprofit Corporation), Intervener and Appellant. S. F. No. 18827. Supreme Court of California. In Bank. June 21, 1955. John A. Gorfinkel and Julian W. Mack II for Appellants. Jefferson E. Peyser and Pierce N. Stein ...
Views: 5
Edward D. Malone is imprisoned under a judgment of conviction of grand theft, rendered November 18, 1948, pursuant to a jury verdict of guilty. By petition for habeas corpus he seeks release from custody. He attacks (1) the validity of such judgment, which he claims was rendered after deputy sheriffs had prevented him from presenting his defense, and (2) the right of this state presently to hold h...
Views: 0
Defendant Ford, an attorney, appeals from an adverse judgment in a declaratory relief action brought by plaintiff, his former client, for the purpose of settling con *708 troverted claims relative to a contingent fee contract, which was followed by an assignment. The trial court construed the original contract in line with plaintiff’s contention that defendant had failed to complete the agreed ...
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The Pacific Mutual Life Insurance Company of California (hereinafter referred to as the “old company”) and certain of its stockholders brought this mandamus proceeding in the superior court to review the action of the Insurance Commissioner in approving a plan for mutualization of a second corporation, Pacific Mutual Life Insurance Company (hereinafter called the “new company”), which had been org...
Views: 1
44 Cal.2d 772 (1955) JAMES RICHARDSON et al., Respondents, v. HERBERT HAM et al., Appellants. L. A. No. 23537. Supreme Court of California. In Bank. June 29, 1955. Gray, Cary, Ames & Frye, James W. Archer, Ward W. Waddell, Jr., and Thomas C. Ackerman, Jr., for Appellants. McInnis, Hamilton & Fitzgerald, William T. Fitzgerald, Franklin B. Orfield, Thomas P. Golden and Hubert L. Rose f...
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Plaintiff appeals from a judgment of non-suit granted at his third trial, the two previous trials having resulted in jury verdicts for plaintiff followed by the granting of motions for new trial. Viewing the evidence in the light most favorable to plaintiff and disregarding conflicts in accordance with the settled rules applicable in testing the propriety of nonsuits (Huffman v. Lindquist, 37 Cal....
Views: 0
Plaintiffs, Snyder and Gradich, appeal from judgments entered upon verdicts by a jury for defendant, Southern California Edison Company, in consolidated actions, to recover damages for personal injuries alleged to have been caused by defendant’s negligence. *795 Defendant is a public utility engaged in the manufacture, sale and distribution of electricity to the public. It entered...
Views: 15
By his complaint in this action plaintiff sought to have it declared that he was not under obligation to pay defendant an amount agreed upon as compensation for sevices rendered by defendant in procuring a lease of certain real property for plaintiff. Defendant by cross-complaint sought to recover said compensation from plaintiff. Judgment was rendered in favor of defendant, and plaintiff has a...
Views: 5
Petitioner, the widow of Gabriel N. Sayegh, seeks a writ of prohibition to restrain respondent court from trying a petition to determine heirship in the estate of her deceased husband. *815 On February 18, 1952, petitioner entered into an ante-nuptial agreement with Mr. Sayegh which provided, among other things, that the survivor of them should have no interest in the property of the estate o...
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Petitioner was dismissed from his position as an associate professor at San Diego State College because of his refusal, at a hearing before the State Board of Education, to answer two questions as to whether he was or had been a member of the Communist Party, and he seeks a writ of mandate to compel his reinstatement. The state board acted pursuant to section 1028.1 of the Government Code, which i...
Views: 0
In this action to recover for personal injuries resulting from an automobile accident, defendants appeal from an adverse judgment entered upon a jury verdict. We have concluded that defendants suffered no prejudice from various asserted errors upon which they rely, and that the judgment should be affirmed. The minor plaintiff, John M. Lynch, Jr., was injured when an automobile in which he ...
Views: 16
Plaintiff sought to quiet its title to 10 used automobiles. The cars had been delivered by defendants to a used car dealer for sale. The basic questions were whether said dealer was a factor in the transaction, and whether anestoppel operated in plaintiff’s favor. The trial court found for plaintiff on both issues. From the judgment accordingly entered, defendants appeal, contending in the main t...
Views: 8
The People have moved to dismiss defendant’s appeal from an order denying his motion to correct and amend a clerk’s transcript. Defendant was adjudged a sexual psychopath in 1948 in proceedings brought under section 5500 et seq. of the Welfare and Institutions Code. He applied to the superior court for redetermination of his condition pursuant to section 5519, and on December 15, 1952, in accor...
Views: 13
Appeal by defendant Mary Penny from a judgment of conviction of involuntary manslaughter. Defendant was charged with a violation of section 192, subdivision 2, of the Penal Code. That section provides that manslaughter is the unlawful killing of a human being, without malice. “2. Involuntary—in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act...
Views: 9
Plaintiff was injured while employed by defendant railroad company as an advanced carman helper in the construction of parts for new railroad cars, and he brought this action under the Federal Employers’ Liability Act. Before trial of the other issues, the court held a hearing on the question of whether the federal act was applicable and concluded that it was not. Judgment was entered accordingly,...
Views: 1
Plaintiff, who was employed by defendant railroad company as a carman helper, was injured while working on the construction of new railroad cars, and he brought this action under the Federal Employers’ Liability Act. Before trial of the other issues, the court held a hearing on the question of whether the federal act was applicable and concluded that it was not. Judgment was entered accordingly, ...
Views: 3

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