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All Reporters → cal-2d → Volume 46

Opinions in cal-2d Volume 46

46 Cal.2d 3 (1955) 291 P.2d 929 JOHN ROGERS, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent. Docket No. S.F. 19347. Supreme Court of California. In Bank. December 29, 1955. *5 William H. Coburn, Jr., for Petitioner. Edmund G. Brown, Attorney General, Clarence A. Linn, Chief Assistant Attorney General, Arlo E. Smith, Deputy Attorney General, and J.F. Coakley, District Attorney (Al...
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Plaintiff appeals from an adverse judgment, entered upon a verdict, in his action to recover for personal injuries received when he fell from one of defendants’ trucking vans, in which he had been riding. We have concluded that plaintiff’s claim of prejudicial error in failure of the trial court to give certain instructions requested by him is meritorious, and that the judgment should be reversed...
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46 Cal.2d 18 (1955) 291 P.2d 474 BERNARD P. CALHOUN, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY et al., Respondents. Docket No. L.A. 23779. Supreme Court of California. In Bank. December 30, 1955. *20 Mahedy & Schall, John W. Preston and Charles H. Carr for Petitioner. Edmund G. Brown, Attorney General, William E. James, Deputy Attorney General, James Don Keller, District Attorney ...
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This action was brought to recover damages for the destruction by fire of stock, fixtures and personal property contained in a building, the larger portion of which plaintiff occupied as lessee for store and residence purposes. Defendant Ehrhorn was the lessee of a gasoline filling station located on the premises and adjacent to the main building. *56 Defendant Langford operated the service sta...
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46 Cal.2d 59 (1956) THE PEOPLE, Respondent, v. MABEL MALOTTE, Appellant. Crim. No. 5761. Supreme Court of California. In Bank. Jan. 27, 1956. Leslie C. Gillen and John R. Golden for Appellant. Edmund G. Brown, Attorney General, Clarence A. Linn, Chief Assistant Attorney General, and Raymond M. Momboisse, Deputy Attorney General, for Respondent. TRAYNOR, J. Mabel Malotte appeals from a judg...
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This is an automatic appeal from a judgment of guilty on two counts of murder after trial before a jury. Viewing the record in the light most favorable to the People, it discloses that on September 16, 1954, Mr. and Mrs. Banks were in their cabin at Sea Downs packing their belongings in preparation for a trip by Mrs. Banks to Ceylon. On September 17 a friend called to visit Mrs. Banks at 9 a. m...
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Petitioner (sometimes herein called plaintiff) seeks by mandamus or prohibition to halt proceedings in a matter pending before respondent Industrial Accident Commission, until a final judgment shall have been reached in a superior court action in which recovery of damages is sought for the same personal injuries as are involved in the Industrial Accident Commission matter. Defendant in the supe...
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Petitioners Madin and his insurance carrier seek the annulment of an award of workmen’s compensation to James Richardson and Lethia Richardson, his wife. *92 At the time hereinafter mentioned, Madin owned certain premises with 14 rental units and the Eichardsons were living in one of these rental units. Madin employed the Eichardsons to act as caretakers and managers of the property and colle...
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Plaintiffs appeal from an order setting aside the default of defendant C. A. Lineh and the judgment entered thereon. The other defendants are not involved on *101 this appeal. Plaintiffs contend that the trial court was without power to set aside the default after six months from the time respondent’s default was entered; and we have concluded that this contention must be sustained. On May 1,...
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46 Cal.2d 106 (1956) 293 P.2d 52 THE PEOPLE, Respondent, v. GEORGE H. MARTIN, Appellant. Docket No. Crim. 5758. Supreme Court of California. In Bank. February 3, 1956. *107 George H. Martin, in pro. per., and Clinton W. White, under appointment by the Supreme Court, for Appellant. Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and Arlo E. Smith, Deputy Attorney G...
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46 Cal.2d 114 (1956) THE PEOPLE, Respondent, v. ERNEST BLODGETT [DON WILLIAMS], Appellant. Crim. No. 5759. Supreme Court of California. In Bank. Feb. 3, 1956. Benjamin F. Marlowe for Appellant. Edmund G. Brown, Attorney General, Clarence A. Linn, Chief Assistant Attorney General, and Victor Griffith, Deputy Attorney General, for Respondent. TRAYNOR, J. Defendant was found guilty by a jury ...
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46 Cal.2d 121 (1956) 292 P.2d 881 Estate of MAE McMILLIN, Deceased. E.A. WINSTANLEY, as Public Administrator, etc., Appellant, v. MORTON J. ROBINSON, Respondent. [And 82 other cases.][*] Docket Nos. L.A. 23412-23446, 23573-23620. Supreme Court of California. In Bank. February 7, 1956. *124 Harold W. Kennedy, County Counsel (Los Angeles), and Baldo M. Kristovich for Appellant. S.V.O. Prichard for ...
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The public administrator of the county of Los Angeles appeals from judgments entered in 83 eases sustaining the objections of respondent Robinson to the public administrator’s final account in each decedent’s estate and ordering him to pay Robinson a specified sum from the funds of the estate. There were two consolidated trials, one covering 35 estates and the other 48 estates. The 83 appeals have...
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Plaintiffs, Ray A. Bailey and others, appeal from an order of the Superior Court of Los Angeles County which vacated a temporary restraining order, denied a preliminary injunction and discharged an order to show cause in an action brought to declare invalid an amendment to a Los Angeles County zoning ordinance. Rancho Los Amigos, the land in question, located in Los Angeles County, was zon...
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This is an automatic appeal (Pen. Code, § 1239) from a judgment of the Superior Court of San Diego County imposing the death penalty. Defendant Eugene Augustine Morlock was charged with the murder of one Annie Morales; he was also charged with her rape and with assault with a deadly weapon with intent to murder George Piepa. He pleaded not guilty and not guilty by reason of insanity to all thre...
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Defendant was charged with the commission of four felonies. Counts one and two related to his alleged furnishing of marijuana to two minor girls on January 2, 1954; and count three related to his furnishing of marijuana to one of the girls on March 13,1954; all in violation of section 11714 of the Health and Safety Code. Count four related to his alleged possession of marijuana on September 1, 19...
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Defendant Cress appeals from a judgment awarding damages to the plaintiff for personal injuries suffered in a motor vehicle accident. On September 2, 1951, Cress and the plaintiff Boyd left Chico, California, in Cress’ automobile for the purpose of driving to Fall River, California, in order to make plans for deer hunting trips later in the year. Cress drove his car and Boyd accompanied him as ...
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Petitioners seek a writ of mandate to compel the respondent court to allow “additional compensation to petitioners for services and expenses” while acting as the court-appointed counsel for Ezra Linwood Witham. The petition was originally filed in the District Court of Appeal, which court issued an alternative writ, and ordered a reference to ascertain the facts. There is no dispute here concernin...
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This is an appeal from a judgment for defendant, city of Berkeley, in consolidated actions by plaintiffs to recover amounts allegedly accrued as payments due from pensions, and in some cases, death benefits, alleged to be payable by defendant, and for declaratory relief. Plaintiffs Eichelberger and Wescott, here appealing, retired and became entitled to pensions after long service as firem...
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46 Cal.2d 190 (1956) GIPSON E. SIMMONS, Appellant, v. RHODES AND JAMIESON, LTD. (a Corporation) et al., Respondents. S. F. No. 19357. Supreme Court of California. In Bank. Feb. 10, 1956. Russell F. King for Appellant. Weinmann, Rode, Burnhill & Moffitt, L. R. Weinmann, John N. James, Hoey, Hall & Conti, James F. Hoey and Cyril Viadro for Respondents. McCOMB, J. Plaintiff purchased ...
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Plaintiff, a minor, is seeking damages for personal injuries resulting from the explosion of a shell which was left by the National Guard on a public firing range of the city of Yreka at the conclusion of a public demonstration. Defendants, without filing an answer, raised the defense of sovereign immunity by means of a motion to dismiss supported by an affidavit. The court granted the *...
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This action was brought against the defendant city by David Hawk, a minor, through his father, Montie Hawk, acting as guardian ad litem, and also by said Montie Hawk acting for himself, for damages for injuries to the minor, and for expenses incurred by the father by reason of such injuries. Judgment for plaintiffs was entered upon a jury verdict, and the trial court granted a new trial. Plaint...
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The Constitution of California provides that when vacancies occur in either house of the Legislature the Governor “shall issue writs of election to fill such vacancies” (Cal. Const., art. IV, § 12), and it is provided in section 1773 of the Government Code that when such vacancies occur the Governor shall issue writs of election “at once.” Three seats in the Assembly became vacant as a res...
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46 Cal.2d 227 (1956) Estate of SPENCER H. CHARTERS, Deceased. SECURITY-FIRST NATIONAL BANK OF LOS ANGELES, as Trustee, etc., Petitioner and Appellant, v. IRENE MARIE CHARTERS YEAKEL et al., Respondents; LAURA HOERNER, Legatee and Appellant. L. A. No. 23375. Supreme Court of California. In Bank. Feb. 17, 1956. Henshey & Beeman and Howard B. Henshey for Petitioner and Appellant. Lawler, Fe...
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Irene Marie Charters Yeakel is the only child of Irene Meyers Charters and Spencer H. Charters. She was born on June 15,1931. Her mother died January 2, 1942, leaving her by will the sum of $4,730.05. Her father was appointed guardian of her estate. On January 25, 1943, *230Spencer H. Charters died leaving a will dated February 12, 1942, the material provisions of which are quoted below.1 On Febru...
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This is a proceeding to review a recommendation of the Board of Governors of The State Bar that petitioner William Higgins be suspended from the practice of law for a period of six months. Petitioner was charged with the violation of his oath and duties as an attorney at law in that he engaged others to solicit professional employment for him, commonly referred to as “ambulance chasing,” in vio...
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46 Cal.2d 247 (1956) THE PEOPLE, Appellant, v. JAMES W. SANDERS, Respondent. Crim. No. 5763. Supreme Court of California. In Bank. Feb. 24, 1956. Edmund G. Brown, Attorney General, William E. James, Deputy Attorney General, S. Ernest Roll, District Attorney (Los Angeles), Jere J. Sullivan and Lewis Watnick, Deputy District Attorneys, for Appellant. G. Vernon Brumbaugh for Respondent. A. L. ...
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By information defendant was charged with one count of possessing a narcotic in violation of Health and Safety Code, section 11500, a felony. His motion to set the information aside (see Pen. Code, § 995) was granted on the ground that all of the evidence against him was obtained by an illegal search and seizure in violation of his constitutional rights. The People appeal. Defendant was arrested a...
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46 Cal.2d 260 (1956) THE PEOPLE, Respondent, v. BILLY KITCHENS, Appellant. Crim. No. 5774. Supreme Court of California. In Bank. Feb. 24, 1956. Wainwright & Bacanelli and Harry S. Wainwright for Appellant. *261 Edmund G. Brown, Attorney General, Clarence A. Linn, Chief Assistant Attorney General, Raymond M. Momboisse, Deputy Attorney General, Thomas C. Lynch, District Attorney (San Franc...
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Defendants James and Helen Parrara appeal from orders granting them probation and denying their motion for a new trial entered after they were found guilty of violations of Penal Code, section 337a. A jury trial was waived and it was stipulated that the ease should be submitted on the transcript of the preliminary hearing. Each defendant was found guilty of one count of recording bets on horse rac...
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By information petitioner was charged with possessing heroin in violation of Health and Safety Code, section 11500. His motion to set aside the information on the ground that the evidence against him was obtained by an illegal search and seizure was denied, and he now seeks a writ of prohibition to prevent his trial. Evidence was presented at the preliminary hearing of the following facts: At appr...
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46 Cal.2d 278 (1956) THE PEOPLE, Respondent, v. ALFRED LEONZA BEARD, Appellant. Crim. No. 5809. Supreme Court of California. In Bank. Feb. 24, 1956. Joseph H. Lewis and E. V. Cavanaugh for Appellant. Edmund G. Brown, Attorney General, William E. James, Marvin Gross and Joan D. Gross, Deputy Attorneys General, for Respondent. TRAYNOR, J. By information defendant was charged with one count o...
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46 Cal.2d 284 (1956) THE PEOPLE, Respondent, v. ANTHONY CITRINO, Appellant. Crim. No. 5779. Supreme Court of California. In Bank. Feb. 24, 1956. Anthony Citrino, in pro. per., and Robert E. Tarbox, under appointment by the District Court of Appeal prior to transfer of the appeal, for Appellant. Edmund G. Brown, Attorney General, Clarence A. Linn, Chief Assistant Attorney General, and Raymond...
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46 Cal.2d 291 (1956) MONA FLOY WILLSON, Petitioner, v. SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent. L. A. No. 23924. Supreme Court of California. In Bank. Feb. 24, 1956. Edgar B. Hervey and James Edgar Hervey for Appellant. James Don Keller, District Attorney (San Diego), and Luther L. Leeger, Deputy District Attorney, for Respondent. TRAYNOR, J. By information petitioner Mona Willson w...
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By information defendant was charged with one count of possessing marijuana in violation of Health and Safety Code, section 11500, a felony, and one prior conviction of violating the same section. His motion to set the information aside (see Pen. Code, § 995) was granted on the ground that all of the evidence of the crime other than admissions was obtained by an illegal search of his person in vio...
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secure petitioner’s release on bail pending determination of her appeal in People v. Malotte, Crim. No. 5761. On January 27, 1956, we filed our decision affirming the judgment in People v. Malotte, ante, p. 59 [292 P.2d 517], which decision is now final. The order to show cause herein is therefore discharged, the petition for the writ is denied, and petitioner is remanded to custody forthwith....
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secure petitioner’s release on bail pending determination of her appeal in People v. Malotte, Crim. No. 5761. On January 27, 1956, we filed our decision affirming the judgment in People v. Malotte, ante, p. 59 [292 P.2d 517], which decision is now final. The order to show cause herein is therefore discharged, the petition for the writ is denied, and petitioner is remanded to custody forthwith....
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46 Cal.2d 301 (1956) THE PEOPLE, Respondent, v. ELJOE MADDOX, Appellant. Crim. No. 5683. Supreme Court of California. In Bank. Feb. 28, 1956. Eljoe Maddox, in pro. per., and Clinton Wayne White, under appointment by the Supreme Court, for Appellant. Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and Leo. J. Vander Lans, Deputy Attorney General, for Responden...
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This is an order to show cause why a writ of habeas corpus should not issue. The attorney general has filed a return, which discloses that after defendant pleaded guilty to the crime of burglary, in the Superior Court of the State of California, in and for the County of Los Angeles, the court found the burglary to be of the second degree and judgment was entered accordingly on July 18, 1949, in ac...
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The defendant Hitch appeals from a judgment awarding the plaintiff $660 as the unpaid balance of the purchase price of hay he sold to the defendant. On March 19, 1952, the defendant asked the price of a stack of hay which the plaintiff had offered for sale. The plaintiff testified that he specified “$42.50” per ton, while the defendant testified that the plaintiff named “$32.50.” One of.th...
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Plaintiff brought this action in September 1950 to collect the accrued arrearages not barred by the statute of limitations (see Hopkins v. Hopkins, 116 Cal.App.2d 174 [253 P.2d 723]) under a 1927 Colorado decree of divorce, which incorporated a property settlement agreement providing that defendant should pay to plaintiff “in lieu of all payments of alimony and support money, and by way of support...
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46 Cal.2d 318 (1956) HERBERT HISCHEMOELLER, Respondent, v. NATIONAL ICE AND COLD STORAGE COMPANY (a Corporation), Appellant. L. A. No. 23816. Supreme Court of California. In Bank. Mar. 2, 1956. James D. Garibaldi, Gavin McNab, Schmulowitz, Sommer & Wyman, Nat Schmulowitz, Peter S. Sommer and Ronald P. Klein for Appellant. McBain & Morgan, Newell & Chester, Newell, Chester & G...
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46 Cal.2d 330 (1956) 294 P.2d 440 STATE COMPENSATION INSURANCE FUND et al., Plaintiffs and Appellants, v. F. BRITTON McCONNELL, as State Insurance Commissioner, etc., Respondent; INDUSTRIAL INDEMNITY COMPANY, Intervener and Appellant. Docket No. S.F. 19164. Supreme Court of California. In Bank. March 2, 1956. *334 Donald Gallagher, Loton Wells, McFarland, Laumeister & Ferdon, Edward R. Young ...
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46 Cal.2d 349 (1956) 294 P.2d 713 JOANNE REINERT, a Minor, etc., Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION et al., Respondents. Docket No. L.A. 23954. Supreme Court of California. In Bank. March 20, 1956. *350 Hennigan & Ryneal for Petitioner. Everett A. Corten, Edward A. Sarkisian and Herlihy & Herlihy for Respondents. CARTER, J. This is a proceeding to review an order of the Industr...
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Plaintiff, as assignee, sued to recover $10,000, alleged to be the reasonable value of attorney's services, and $905.10 assertedly expended as costs in connection with certain litigation. The matter was tried without a jury, and plaintiff was awarded judgment for $1,500. He then appealed, claiming that the trial court abused its discretion in not awarding a larger amount. After the judgment was...
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Defendant appeals from a money judgment for plaintiffs based on findings to the following effect: Plaintiffs paid to defendant $16,500 cash for certain unimproved real property in Contra Costa County together with a lease thereof. Both parties honestly believed the lease to be in existence, but in proceedings instituted by a third party in which the plaintiffs were defendants it was found that sa...
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This is a proceeding to review a recommendation of the Board of Governors of The State Bar that petitioner be disbarred from the practice of law. Petitioner * was employed by Austin Olsen in January 1951 to collect damages for injuries allegedly suffered by Olsen and his wife as the result of an accident. A short time later those from whom the damages were sought agreed to pay $750 at the rat...
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In 1948 defendant brought an action against plaintiff in which he sought a money judgment and either a lien on real property owned by plaintiff or a judgment declaring that her title was obtained from her husband without consideration and in fraud of creditors. Defendant recorded a notice of pendency of this action in the county recorder’s office of the county in which the real property is loca...
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In this quiet-title action defendant cross-complained and judgment was rendered in his favor, quieting his title as against plaintiff to some 80 acres of land in Imperial County. Plaintiff appeals. We have concluded that plaintiff’s *387 various contentions are without merit and that the judgment should be affirmed. According to the record, most of the facts are stipulated and...
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Plaintiff county paid old age security to Henry Simmons. It brought this action against his adult daughter to recover a portion of the amount so paid. Its first cause of action is, as stated in section 2224 of the Welfare and Institutions Code, “to recover for said county such portion of the aid granted as said relative is able to pay, and to secure an order requiring the payment of any sums wh...
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Plaintiff appeals from a judgment in favor of defendants Stelzner and McCoy in an action for damages and an injunction to restrain the operation by defendants of limousine or bus service from and on the Oakland Municipal Airport (hereinafter called the airport) and their solicitation on the airport of patronage for said services, allegedly in contravention of certain ordinances and regulations of ...
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46 Cal.2d 414 (1956) BARBARA LEE SPRAGUE, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION et al., Respondents. S. F. No. 19386. Supreme Court of California. In Bank. May 1, 1956. Johnson, Thorne, Speed & Bamford and Harry Bamford for Petitioner. Everett A. Corten, Daniel C. Murphy, Leonard, Hanna & Brophy and Edmond G. Leonard for Respondents. SPENCE, J. Petitioner seeks annulment of...
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46 Cal.2d 423 (1956) CONTINENTAL CASUALTY COMPANY (a Corporation), Appellant, v. PHOENIX CONSTRUCTION COMPANY (a Corporation) et al., Defendants and Respondents; UNDERWRITERS AT LLOYD'S, LONDON (an Unincorporated Association) et al., Interveners and Respondents. L. A. No. 23225. Supreme Court of California. In Bank. May 4, 1956. Jennings & Belcher, Sigurd E. Murphy and Louis E. Kearney fo...
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Plaintiffs appeal from a judgment for defendant in an action between partners following the dissolu *445 tion of the partnership. Their principal contention is that the evidence is insufficient to sustain the trial court’s findings which resulted in the denial of their alleged claim of $2,500 upon settlement of the partnership affairs. In determining this question, it is well sett...
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Plaintiff appeals from a judgment of dismissal entered upon the sustaining of demurrers to his third amended complaint without leave to amend. Said amended complaint contains three counts: (1) for declaratory relief; (2) to quiet title; and (3) for voiding an illegal sale of stock. However, these counts rely upon the same facts as the basis for plaintiff’s claimed right to recover certain corp...
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46 Cal.2d 456 (1956) THE PEOPLE, Respondent, v. DOROTHY DIXON, Appellant. Crim. No. 5816. Supreme Court of California. In Bank. May 4, 1956. Dorothy Dixon, in pro. per., John H. Marshall and Henry S. Rupp for Appellant. Edmund G. Brown, Attorney General, and William E. James, Deputy Attorney General, for Respondent. TRAYNOR, J. Defendant appeals from a judgment of conviction entered after ...
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After trial before a jury defendant, an osteopathic physician, was convicted on four counts of prescribing narcotics for a person not under his treatment for a pathology, in violation of section 11163 of the Health and Safety Code.1 He was also convicted of one count of prescribing a narcotic for a person “who represented himself to be an addict,” in violation of section 11164 of the same code.2 H...
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Prom a judgment in favor of defendant after trial before a jury in an action to recover damages for personal injuries, plaintiff appeals. On March 6, 1951, about 5 p.m., an accident occurred in Tuba City on B Street. It runs in a generally easterly and westerly direction. Plaintiff lives on the north side of the street about 300 feet east of the point where the accident occurred. The street in fro...
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Defendant was charged with violation of section 653f of the Penal Code in that he did “solicit . . . Gerald G. Cohen, to commit and join in the commission of the crime of Burglary.” Defendant was tried by the court without a jury. The court determined that defendant was guilty of violation of section 650% of the Penal Code (which denounces the offenses of injuring the person or property of anothe...
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The plaintiff appeals from an order granting a new trial after judgment in its favor. The defendant appeals from the judgment. As a judgment creditor of a corporation the plaintiff brought this action against a shareholder of the corporation to recover the difference between the par value of stock issued to him and the fair value of the consideration he paid for the stock. At the conclusion of ...
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46 Cal.2d 491 (1956) EDWARD MILTON TONINI et al., Petitioners, v. STATE BAR OF CALIFORNIA, Respondent. S. F. No. 19421. Supreme Court of California. In Bank. May 15, 1956. George G. Olshausen for Petitioners. Garrett H. Elmore for Respondent. THE COURT. This is a proceeding to review a recommendation of the Board of Governors of The State Bar that petitioners be suspended from the practice...
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I dissent. The majority opinion applies technical rules of pleading to a situation where such rules are clearly inapplicable, and *506fails to consider the liberal application required to be given the workmen’s compensation laws. Petitioner filed a timely application for a compensable injury suffered by him. In addition to the facts justifying compensation he stated that his employer was grossly n...
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Plaintiff, an insurance company, obtained a favorable declaration of its rights under a written agency contract in its action against defendant agent. The contract was made in February, 1950, and according to its terms and as found by the court, plaintiff appointed defendant its general agent to solicit and obtain purchasers of insurance policies of a certain type in a specified area, the ...
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By written contract plaintiffs Reynolds and Wells agreed to sell and defendant Comstock agreed to buy 440 shares of corporate stock evidenced by described certificates, and defendant Mendizza guaranteed Comstock’s performance. In this action for breach of contract plaintiffs recovered a money judgment against Comstock based on his refusal to pay the agreed price and against defendant Me'ndizza ...
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46 Cal.2d 534 (1956) 297 P.2d 425 Estate of HARRY A. SHERMAN, Deceased. JACOB H. KARP, Petitioner, v. HOPALONG CASSIDY, INC., Appellant; THEODORA LOIS SHERMAN et al., Respondents. Estate of HARRY A. SHERMAN, Deceased. JACOB H. KARP, Petitioner, v. HOPALONG CASSIDY, INC., Respondent; THEODORA SHERMAN et al., Appellants. Docket Nos. L.A. 23078, 23115. Supreme Court of California. In Bank. May 25, 1...
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These are consolidated appeals from orders of the superior court sitting in the probate of the estate of Harry A. Sherman. The contestant Hopalong Cassidy, Inc., in action Number 23078 appeals from an order of August 10, 1953, vacating an order of June 22, 1953, confirming the sale *536of personal property from the estate to Hopalong individually. The contestants in action Number 23115, who claim ...
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46 Cal.2d 540 (1956) 297 P.2d 999 THE PEOPLE, Respondent, v. JAMES MERKOURIS, Appellant. Docket No. Crim. 5745. Supreme Court of California. In Bank. May 25, 1956. *543 Morris Lavine and P. Basil Lambros for Appellant. Edmund G. Brown, Attorney General, and Elizabeth Miller, Deputy Attorney General, for Respondent. CARTER, J. Defendant, James Merkouris, was charged by information[1] with the murd...
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Decedent, Lloyd A. Wiseman, a vice president of a San Francisco bank, died of asphyxiation and burns in a hotel room in New York City. He was in that city on bank business, and his traveling expenses, including his hotel bills, were paid by the bank. A woman, not his wife but registered as such, was found unconscious in his room and died shortly thereafter. There was evidence that they had been dr...
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These two actions arose because of disputes concerning a 10-year lease of a summer resort known as Glenn Ranch owned by Tally and leased by him and his father to Mr. and Mrs. McCarthy. 1 In the first action Harold McCarthy sought declaratory relief and damages for fraud against Seymour Tally; Tally later brought an action against McCarthy in which he sought to establish certain rights under the...
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Defendants contracted with the city of San Diego to construct a dam and remove brush and trees from the reservoir basin, and thereafter they entered into a subcontract with plaintiff for clearance of the basin, representing to him that the area to be cleared had been marked with flags. Plaintiff later discovered that the flagged area covered only a part of the reservoir basin, and he notified d...
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This is a proceeding in mandamus to compel the respondent superior court to hear and determine a petition pending in that court for a writ of mandamus to order the respondent State Personnel Board to take no further action in the matter of the suspension of the petitioner Francis W. Keeler, a state employee in the respondent Department of Fish and Game. The petitioner was suspended by the ...
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This is an appeal from a judgment entered following an order sustaining a demurrer to the plaintiff’s second amended complaint. Ena Langley, the plaintiff, brought this action to recover damages from the defendant, Spencer Schumacher, upon a cause of action for fraud. In her second amended complaint the plaintiff alleged that she was employed for some time prior to March 31, 1953, by an insurance ...
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The petitioner-appellant appeals from a judgment entered after an order sustaining a demurrer to his petition for a writ of mandate to vacate a decision of the California Unemployment Insurance Appeals Board denying his claim for unemployment insurance benefits. For reasons of economy the petitioner was discharged from his job with the San Francisco Chronicle on or about November 29, 1952. Pursuan...
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Plaintiff and defendant were married in 1936 and separated in 1950. On January 3, 1951, they executed a property settlement agreement. Thereafter plaintiff filed a complaint for divorce, and on January 8, 1951, an interlocutory decree was granted to her on the ground of extreme cruelty. The decree approved and incorporated by reference the provisions of the agreement and expressly ordered defendan...
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46 Cal.2d 639 (1956) THE PEOPLE ex rel. DEPARTMENT OF PUBLIC WORKS, Respondent, v. A. M. DUNN et al., Appellants. L. A. No. 23936. Supreme Court of California. In Bank. June 6, 1956. James A. Moore and George A. Westover for Appellants. George C. Hadley, R. B. Pegram, Herbert J. Williams, Albert J. Day and Joseph A. Montoya for Respondent. GIBSON, C.J. Defendant owners have appealed from a...
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Plaintiff, a citizen resident of defendant county and a taxpayer therein, brought this suit to challenge the legality of a tax exemption. Such actions are authorized by section 526a of the Code of Civil Procedure,1 (cf. Delaney v. Lowery, 25 Cal.2d 561 [154 P.2d 674]) and, being in aid of the collection of taxes, are distinguishable from cases in which a party seeking to avoid taxation was denied...
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Plaintiff corporation, a licensed electrical contractor, brought this action for reformation of a contract with defendant county, and it appeals from a judgment for defendant after the sustaining of a general demurrer without leave to amend. The allegations of the complaint may be summarized as follows; Plaintiff submitted a bid for $172,421 for electrical work to be done at the county hospital. T...
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In these two consolidated actions plaintiff appeals from a judgment quieting title in defendants, city of San Rafael and city (sometimes in the record called town) of San Anselmo, for a strip of land claimed by plaintiff which is within the respective corporate limits of one or the other of the defendants and decreeing that plaintiff has no right, title, interest, claim or estate whatsoever in ...
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On October 3,1952, judgment of conviction was entered on petitioner’s plea of guilty to a violation of section 61, subdivision (a), of the Alcoholic Beverage Control Act1 (now Bus. & Prof. Code, § 25658). On April 9, 1953, a special investigator for the Board of Medical Examiners filed with the board an accusation against petitioner (Gov. Code, § 11503) charging that his conviction was for an offe...
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On June 14, 1951, the Superior Court of Los Angeles County (Judge Kurtz Kauffman, presiding) entered an interlocutory decree granting to defendant, Ernest J. Primm, (upon his cross-complaint) a divorce from Josephine Primm (who had filed an action for divorce against defendant, Ernest J. Primm). The interlocutory decree awarded the custody of the five minor children of the parties to plaintiff,...
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Plaintiff appeals from a judgment in an action in which he sought to obtain property which stood in his deceased wife’s, Eugenie’s, name at the time of her death. From the findings of the court it appears that defendant bank is the executor of Eugenie’s will, she having died on May 28, 1949, at the age of 91. Plaintiff and decedent were married on January 14, 1949. (The other defendants ar...
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This is an appeal from a judgment for the defendant after a demurrer to the complaint had been sustained without leave to amend. Henry Robert Ludwig died testate on July 23, 1952. Surviving him were the plaintiff, Frances Van Strien, a daughter by a former marriage, and the widow Mary E. Ludwig who was appointed executrix of the will of her deceased husband. The entire estate was distributed to th...
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Plaintiff appeals from a summary judgment rendered against him in this action to recover the reasonable value of a literary composition, or of an idea for a photoplay, a synopsis of which composition, embodying the idea, he asserts he submitted to defendants for sale, and which synopsis and idea, plaintiff alleges, were accepted and used by defendants in producing a photoplay. The ease as presente...
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Plaintiff is seeking to impose a trust on the estate of her deceased son which was distributed to defendant Gander as the son’s widow. * The other defendants are Mrs. Gander’s attorney in the probate matter and his secretary, who acted as administratrix of the estate. General demurrers to plaintiff’s third amended complaint were sustained, and she has appealed from the ensuing judgment. The c...
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This action originally was filed in the municipal court in San Diego on November 19, 1952. Plaintiff county sought to recover from defendants—Milotz, a court reporter; Perrigo, the county auditor; and the latter’s two bonding companies—reporter’s fees alleged to have been illegally allowed and paid to Milotz. The municipal court entered a judgment of dismissal, after sustaining demurrers to the a...
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Plaintiff instituted an action in the superior court seeking (1) to enjoin defendant county and the board of supervisors from maintaining street lighting in Shasta County Road Maintenance District Number 1, and (2) to have declared illegal a contract between defendant county and defendant Pacific Gas and Electric Company providing for the furnishing of lights in certain unincorporated communities ...
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Plaintiff, a former police officer of the city of Alameda, brought this proceeding for a writ of mandate to compel defendants to pay him a pension. Judgment was for plaintiff, and defendants have appealed. The facts are undisputed. Plaintiff was employed by the city on February 13, 1926, and he served continuously as a police officer for more than 25 years, making monthly contributions to the c...
Views: 9
On April 2, 1948, petitioner was injured in the course of her employment, and on March 14, 1952, the Industrial Accident Commission awarded her a permanent disability rating of 100 per cent. On April 1, 1953, the next to the last day of the five-year period after the injury, her employer’s insurance carrier filed a petition with the commission to have the award amended to reduce the percentage ...
Views: 5
Defendant appeals from a judgment of conviction entered on a jury verdict finding him guilty of bigamy and from an order denying his motion for a new trial. On September 17, 1944, defendant married Peggy Lambert in a civil ceremony in New Orleans, Louisiana. He was in the Coast Guard and was sent overseas six days after the marriage. Upon his discharge in December, 1945, he returned to Peggy. In 1...
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pro tern. * —Application on behalf of James J. Brumbaek for issuance of writ of habeas corpus for admission to bail upon appeal from conviction of two felonies. Brumbaek and others were charged with conspiracy to receive stolen property (Pen. Code, §§ 182, 496) and with buying and receiving stolen property (Pen. Code, § 496). Two trials resulted in jury disagreements, but in the third Brumbae...
Views: 21
Defendant appeals from a judgment of conviction of second degree murder. His wife, Arlys Watson, was killed on February 15, 1953, in their San Francisco apartment. Defendant’s conviction rests on circumstantial evidence. He does not challenge the sufficiency of the evidence to support the conviction, but he argues these points as grounds for reversal: (1) the restriction of the defense’s cross-exa...
Views: 2
From an order granting defendant’s motion for a nonsuit in an action to recover damages for injuries resulting from a defective condition in a sidewalk maintained by defendant, predicated on the ground that the evidence did not show a cause of action under the Public Liability Act of 1923 (Gov. Code, § 53050 et seq.) because it was insufficient to prove notice or knowledge upon the part of ...
Views: 6
46 Cal.2d 845 (1956) GEORGE J. LYNN, Appellant, v. SHERMAN P. DUCKEL, as Director of Public Works, etc., Respondent. S. F. No. 19220. Supreme Court of California. In Bank. July 24, 1956. John J. Dailey for Appellant. Dion R. Holm, City Attorney (San Francisco), and George E. Baglin, Deputy City Attorney, for Respondent. McCOMB, J. Plaintiff appeals from a judgment in favor of defendant aft...
Views: 9
In this habeas corpus proceeding the petitioners, Lynn Gritton and Haree R. Bainbridge, seek their release from the custody of the sheriff of Riverside County. Together with one Watkins they were charged with violating Ordinance Number 393 of that county. They were convicted on a second trial by jury in the Municipal Court of the Riverside Judicial District. Each of the petitioners was granted ...
Views: 2
Plaintiff, Gertrude B. Newell, appeals from an order of the Superior Court of Los Angeles County, made on June 23, 1954, which restrained her from prosecuting an action for divorce in Idaho against Robert Newell; from taking depositions of certain named persons or of any other persons for use in such Idaho divorce action • and from taking any steps in any court in any state, other than the Cali...
Views: 14
Cole’s Check Service, Inc., originally named as a defendant 1 in this litigation, appealed from an order denying its motion to release from the levy of an attachment “all trust funds” deposited to its account at The Bank of Los Angeles at Westwood and at the Hollywood State Bank. 2 We. have concluded that defendant is correct in its contention that plaintiff’s p...
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J.-—In a prior action defendant Dimond sought to recover possession of personal property from plaintiffs, LeFave and others. Dimond invoked the provisional remedy of claim and delivery, filing an undertaking as required by statute. (See Code Civ. Proe., §§ 509, 512.1) After the sheriff served the papers relating to the provisional remedy, LeFave et al. furnished a redelivery bond pursuant to secti...
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Clark sought to recover damages from defendants Lesher, Halcomb and Wolfe, alleging that they fraudulently conspired to destroy the good will of a newspaper in which he had an interest. Defendants denied the conspiracy and, by way of affirmative defenses, alleged that the issues tendered by the complaint are res judicata, that Clark had assigned his cause of action to Lesher, and that he is est...
Views: 15
The State has moved to dismiss the appeal in this criminal proceeding on the ground that the notice of appeal was not timely filed as required by rule 31, Rules on Appeal, specifying that an appeal in a criminal case must be taken within 10 days after rendition of judgment. On September 22, 1955, after trial by jury in which he was represented by counsel, defendant was convicted of the offense of...
Views: 5
46 Cal.2d 891 (1956) THE PEOPLE, Respondent, v. LAWRENCE GENE DOTSON, Appellant. Crim. No. 5925. Supreme Court of California. In Bank. Aug. 10, 1956. Lawrence Gene Dotson, in pro. per., Donald D. Connors, Jr., under appointment by the Supreme Court, and J. Stewart Harrison, for Appellant. Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and Arlo E. Smith, Depu...
Views: 24
Plaintiff appeals from an order setting aside the default of defendant Ernest C. Cazel and the judgment entered thereon. The other defendants are not involved on this appeal. As in the ease of Solot v. Linch, ante, p. 99 [292 P.2d 887], this case involves the question concerning the controlling statute governing a nonresident motorist’s right to relief from a default taken against him. (Code Civ. ...
Views: 0

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