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All Reporters → cal-2d → Volume 60

Opinions in cal-2d Volume 60

Plaintiff appeals from a judgment, based upon a jury verdict, in favor of defendant in an action for damages for injuries suffered by plaintiff when defendant drove his automobile, in which plaintiff was riding, into a parked vehicle. As the main ground for reversal she contends that the trial court erred in its instructions. We are of the opinion that, for the reasons set forth below, the jury wa...
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Defendant appeals (by operation of Pen. Code, § 1239, subd. (b)) from judgments of death and imprisonment imposed pursuant to jury verdicts finding him guilty of murder in the first degree and robbery while armed with a deadly weapon. Defendant concedes—as he must, on the record of this case —that the evidence is sufficient to support the jury verdicts. He contends, however, that he was denied a f...
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This case concerns the validity of a release from liability for future negligence imposed as a condition for admission to a charitable research hospital. For the reasons we hereinafter specify, we have concluded that an agreement between a hospital and an entering patient affects the public interest and that, in consequence, the exculpatory provision included within it must be invalid under Civ...
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By jury verdicts defendant was found guilty of the first degree murders of Estella Hamilton (count one) and of Lorenzo Bernard (count two). The jury fixed the penalty on count one at life imprisonment, and on count two at death. Motions for a new trial and reduction of the penalty on the second count were denied. The appeal is automatic (Pen. Code, § 1239, subd. (b)). This is the second trial and ...
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Defendant appeals from judgments of conviction entered upon jury verdicts finding him guilty of murder in the first degree (Count I) and assault with a deadly weapon (Count II). On the murder count the jury fixed the penalty at life imprisonment. Defendant contends that he was erroneously denied a *143speedy trial and that the prosecutor’s use of his offer to plead guilty to second degree murder c...
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A jury found defendants Edgar and Hollowell guilty of extortion (Pen. Code, § 520), and conspiracy to commit extortion. (Pen. Code, § 182.) In committing these crimes, defendants arranged for Hollowell to take a flashlight picture of the victim, 0 ’Connell, in a compromising position with defendant Edgar in the front seat of O’Connell’s car at night. On the basis of O'Connell’s testimony as to wha...
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Petitioners seek a writ of prohibition restraining respondents from taking any further steps to collect taxes assessed against them. Facts-. The taxes in question relate to assessments by the Franchise Tax Board of additional personal income taxes based on the disallowance of deductions claimed by petitioners on their California personal income tax returns. The disallowance of the deductions ...
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I agree with the majority that the portion of the judgment finding defendant guilty of murder in the first degree is supported by substantial evidence and should be affirmed. But, in my opinion, the portion of the judgment imposing the death penalty should be reversed, because inadmissible evidence that was prejudicial was erroneously introduced on that phase of the trial. Preliminarily it should ...
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60 Cal. 2d 196 (1963) Estate of CAROLINA CUNEO, Deceased. ANDREW CUNEO, Plaintiff and Appellant, v. CLARA MONDANI et al., Defendants and Appellants. Sac. No. 7348. Supreme Court of California. In Bank. Aug. 5, 1963. Robert A. Zarick and Thomas A. Wahl for Plaintiff and Appellant. Gard Chisholm, Schaber & Cecchettini, Horace E. Cecchettini, Sheldon H. Grossfeld, Wilke, Fleury & Sapuno...
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Herbert Ellis brought this action against Pericles Mihelis and Elias Mihelis to compel them to specifically perform a contract for the sale of real property and for damages resulting from their failure to convey the property to him. Defendants have appealed from the judgment decreeing specific performance and awarding damages. Plaintiff has cross-appealed on the issue of damages. The principal con...
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60 Cal. 2d 223 (1963) THE PEOPLE, Plaintiff and Respondent, v. ERNEST BARRAGAN LOPEZ and WILLARD ARTHUR WINHOVEN, Defendants and Appellants. Crim. No. 7067. Supreme Court of California. In Bank. Aug. 5, 1963. Hugh R. Manes, under appointment by the Supreme Court, and Morris Lavine for Defendants and Appellants. Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and...
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Norman Whitehorn and Charles Hummel were charged with the murder of Mrs. Angela Gums. White-horn admitted a prior conviction of kidnaping and rape. The jury found both defendants guilty of first degree murder and determined that Whitehorn should suffer the death penalty and Hummel life imprisonment. Whitehorn’s motion for a new trial was denied, and his appeal is before us automatically under subd...
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The basic question involved in this case is whether the trial court was justified, under the facts, in instructing on the doctrine of assumption of risk. We have concluded that it was error, serious and prejudicial, and therefore reversible, to have instructed on this doctrine. Plaintiff Vierra operates a bar and restaurant in a building leased from defendant Berkley. Berkley operated the tools th...
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60 Cal. 2d 276 (1963) 384 P.2d 158 32 Cal. Rptr. 830 PROFESSIONAL FIRE FIGHTERS, INC., et al., Plaintiffs and Appellants, v. CITY OF LOS ANGELES, Defendant and Respondent. Docket No. L.A. 27007. Supreme Court of California. In Bank. August 13, 1963. *278 Bodle & Fogel, George E. Bodle, Daniel Fogel, Stephen *279 Reinhardt and Lawrence Drasin for Plaintiffs and Appellants. David Ziskind, A.L. ...
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Defendants have appealed from a judgment ordering issuance of a peremptory writ of mandate and dismissing their cross-complaint for declaratory relief.1 By that judgment the trial court ordered defendants (a chartered *298city, and its mayor, city manager, council members and fire chief) to grant plaintiffs (an unincorporated union—all of the members of which are employees of defendant city’s fire...
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Plaintiffs brought this action to compel defendant insurer to pay a default judgment they had obtained against its insured, Marvin Hammer. The court, sitting without a jury, denied recovery, and plaintiffs have appealed. In November 1954 plaintiffs stopped their automobile at a stoplight and were struck from the rear by an automobile driven by Hammer. The police report of the accident stat...
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60 Cal.2d 303 (1963) 384 P.2d 155 32 Cal. Rptr. 827 LOVI CAMPBELL et al., Plaintiffs and Appellants, v. ALLSTATE INSURANCE COMPANY, Defendant and Respondent. Docket No. S.F. 21322. Supreme Court of California. In Bank. August 15, 1963. *304 Athearn & Athearn, Forden Athearn and Barry M. Wally for Plaintiffs and Appellants. Walcom & Harmon and Leo J. Walcom for Defendant and Respondent. GI...
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King and Mackey were found guilty in separate trials of possession of heroin for sale in violation of section 11500.5 of the Health and Safety Code, and King was also found guilty of possession of marijuana in violation of section 11530. They have separately appealed from the judgments entered against them, and Mackey has also appealed from the order denying a new trial. That order is not appealab...
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60 Cal. 2d 312 (1963) SAMUEL WILLIAM YORTY et al., Petitioners, v. GLENN M. ANDERSON, as Lieutenant Governor, et al., Respondents. Sac. No. 7455. Supreme Court of California. In Bank. Aug. 20, 1963. Roger Arnebergh, City Attorney, Bourke Jones and James A. Doherty, Assistant City Attorneys, for Petitioners. Stanley Mosk, Attorney General, Charles E. Corker and Charles A. Barrett, Assistant A...
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60 Cal. 2d 318 (1963) ALLEN GRIFFIN, Petitioner, v. BOARD OF SUPERVISORS OF THE COUNTY OF MONTEREY et al., Respondents. S. F. No. 21243. Supreme Court of California. In Bank. Aug. 20, 1963. Hudson, Martin, Ferrante & Street, Carmel C. Martin, Jr., and Donald H. Smith for Petitioner. Saul M. Weingarten, City Attorney (Seaside), as Amicus Curiae on behalf of Petitioner. William H. Stoffer...
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Appellant was charged with having murdered (Pen. Code, § 187) Hazel Wilson on December 19, 1957. He was also charged with the prior conviction (September 1950) of the second degree murder of his then wife, Eleanor Purvis. He admitted the prior, and entered pleas of not guilty and not guilty by reason of insanity. A jury found him guilty of murder in the first degree, found that he was sane at the ...
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60 Cal. 2d 355 (1963) OLIVE M. BENSON et al., Plaintiffs, Cross-defendants and Respondents, v. CITY OF LOS ANGELES et al., Defendants, Cross-defendants and Appellants; TERESA G. BENSON, Defendant, Cross-complainant and Appellant. L. A. No. 26786. Supreme Court of California. In Bank. Aug. 27, 1963. Roger Arnebergh, City Attorney, Bourke Jones, John J. Tully, Jr., and Weldon L. Weber, Assistan...
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60 Cal. 2d 367 (1963) Estate of ULRICH A. FRITSCHI, Deceased. JAMES PHILIP FRITSCHI et al., Minors, etc., Plaintiffs and Respondents, v. MARIE SYLVERA TEED, Defendant and Appellant. Sac. No. 7293. Supreme Court of California. In Bank. Aug. 27, 1963. McAllister & Johnson and Neil R. McAllister, Jr., for Defendant and Appellant. Morton L. Friedman for Plaintiffs and Respondents. TOBRINER,...
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60 Cal. 2d 378 (1963) 384 P.2d 1001 33 Cal. Rptr. 497 THE PEOPLE, Plaintiff and Respondent, v. ALVIN MAURICE PARHAM, Defendant and Appellant. Docket No. Crim. 7428. Supreme Court of California. In Bank. September 12, 1963. *379 Paul Robbins, under appointment by the Supreme Court, for Defendant and Appellant. Stanley Mosk, Attorney General, John S. McInerny, Eric Collins and Albert W. Harris, Jr....
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60 Cal.2d 387 (1963) 385 P.2d 2 33 Cal. Rptr. 610 DOROTHY DiMARCO, Plaintiff and Appellant, v. FRANK DiMARCO, Defendant and Respondent. Docket No. S.F. 20978. Supreme Court of California. In Bank. September 19, 1963. *389 Rebecca Wells Smith for Plaintiff and Appellant. Garrett & Speier, Dan L. Garrett, Jr., and Henry C. Krivetsky for Defendant and Respondent. McCOMB, J. Plaintiff appeals fro...
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Plaintiff appeals from (1) an order of the trial court holding that a property settlement agreement in a divorce action, made by plaintiff and defendant, was nonintegrated; and (2) rulings denying plaintiff (a) the right to be furnished with copies of defendant’s income tax returns, (b) a judicial determination of the sum to which she became entitled by reason of a provision contained in the prope...
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Petitioner, Daniel Haley, was admitted to Petitioner, practice law in this state in 1951. The local administrative committee and the Board of Governors of the State Bar found that in January 1961 petitioner received a settlement check of $5,000 in a personal injury matter he had handled for a client; in this remittance, as petitioner knew, the State Compensation Insurance Fund had an interest of $...
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The defendant Franchise Tax Board appeals from a judgment awarding to the plaintiff Superior Oil Company a tax refund of $502,645.48 including interest, claimed to constitute an excess levy of the corporate franchise tax for the company’s fiscal year ending August 31, 1952. The franchise tax is impressed annually on corporations for the privilege of exercising the corporate franchise withi...
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Plaintiff Honolulu Oil Corporation appeals from a judgment in favor of the defendant Franchise Tax Board of the State of California in an action by the company to recover alleged overpayments of the corporate franchise tax in each of the taxable years 1951,1952,1953, and 1954. Honolulu Oil Corporation is a Delaware corporation with its principal offices located in San Francisco. During the...
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Pacific Telephone and Telegraph Company (hereinafter referred to as “petitioner”) seeks a writ of prohibition to restrain the Superior Court of the City and County of San Francisco (hereinafter referred to as “respondent”) from proceeding to try an action for damages alleged to have resulted when petitioner discontinued telephone services to Edgar J. Sokol (hereinafter referred to as ‘‘plaintif...
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Plaintiff appeals from a judgment of dismissal entered after the sustaining of defendant’s general demurrer to her second amended complaint, which alleged that defendant was liable for personal injuries under section 53051 of the Government Code. 1 Section 53051 was repealed effective September 20, 1963 (Stats. 1963, ch. 1681, § 18). At the same time extensive new legislation became effective...
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This ease presents the single question whether defendant Peter Bogart, an attorney and a member of the bar of this state, suffered a denial of his statutory right to counsel at the preliminary hearing. For the reasons that follow, we have concluded that the trial court did not comply with the fundamental and recognized statutory requirements in this regard and that prosecution under the existing ...
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60 Cal.2d 441 (1963) UNION OIL COMPANY OF CALIFORNIA, Plaintiff and Appellant, v. STATE BOARD OF EQUALIZATION, Defendant and Respondent. Sac. No. 7356. Supreme Court of California. In Bank. Nov. 14, 1963. Hart H. Spiegel and Brobeck, Phleger & Harrison for Plaintiff and Appellant. Stanley Mosk, Attorney General, Ernest P. Goodman and John J. Klee, Jr., Deputy Attorneys General, for Defen...
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Defendant appeals from a judgment convicting him of possession of heroin in violation of Health and Safety Code section 11500. He contends that the heroin introduced in evidence was obtained by an unlawful search and seizure, that he was denied his right to effective representation by counsel in that the deputy public defender representing him failed to object to the admission of the heroin, and t...
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On September 5, 1963, Maurice W. Tindall, Judge of the Justice Court for the Anderson Judicial District in the County of Mendocino, and Glenn W. Evans, Judge of the Justice Court for the Round Valley Judicial District in the County of Mendocino, were found guilty on two counts of the felony of conspiracy. In the first count they were charged with wilfully and corruptly conspiring with others to d...
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Defendant appeals from an interlocutory decree of divorce granted to plaintiff, which decree awarded *475 the respective parties various items of their community property, provided for periodic payments to plaintiff “for her support and maintenance and ... as a further division of community property,’’ and granted a lien as security for such payments. TP acts-. Plaintiff’s complaint alleged...
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60 Cal.2d 482 (1963) 386 P.2d 677 35 Cal. Rptr. 77 THE PEOPLE, Plaintiff and Respondent, v. RONALD KAYE HENDERSON, Defendant and Appellant. Docket No. Crim. 7263. Supreme Court of California. In Bank. November 19, 1963. *484 Benjamin Dreyfus, under appointment by the Supreme Court, and Garry, Dreyfus & McTernan for Defendant and Appellant. Stanley Mosk, Attorney General, and Albert W. Harris,...
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This case involves the validity of proceedings of the City Council of West Covina pursuant to the Annexation of Uninhabited Territory Act of 1939 (Gov. Code, § 35300 et seq.). We hold that in determining whether the “owners of one-half of the value of the territory proposed to be annexed” have protested the annexation, the above statute requires an apportionment of the value of a single piece of ...
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60 Cal.2d 525 (1963) ELI M. WONG et al., Plaintiffs, Cross-defendants and Appellants, v. LORIS M. Di GRAZIA et al., Defendants, Cross-complainants and Appellants. S. F. No. 21344. Supreme Court of California. In Bank. Nov. 21, 1963. Charles F. Wong for Plaintiffs, Cross-defendants and Appellants. Theodore M. Monell for Defendants, Cross-complainants and Appellants. TOBRINER, J. We hold her...
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Defendants appeal from a judgment quieting title to a strip of land in plaintiffs and ordering defendants either to pay damages for destroying a wall that plaintiffs had erected thereon or to restore the wall within a reasonable time. Facts: Plaintiffs, husband and wife, held title to adjoining lots 52 and 53 in a subdivision tract, most of which they at one time owned. T...
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Petitioner was convicted of first degree murder and of assault with a deadly weapon with intent to commit murder. The jury fixed his penalty at death. This court affirmed the judgment and an order denying a motion for new trial. (People v. Imbler, 57 Cal.2d 711 [21 Cal.Rptr. 568, 371 P.2d 304].) In this proceeding, petitioner seeks a writ of habeas corpus, coram vobis, or other appropriate ...
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We are called upon to determine whether a default judgment taken against a defendant to this action may be set aside as void on its face because the defendant, a corporation, improperly substituted itself in propria persona in the place of its attorneys. We hold that although the surety on defendant’s attachment bond may intervene subsequent to the hearing on the default to show the invalidity ...
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The Director of Water Resources seeks a writ of mandate to compel the Director of General Services to comply with an order of the Department of Water Resources to print a resolution of that department concerning various facilities, including a dam, which are to be constructed in the vicinity of Oroville and are designated as the “Oroville Division.” The resolution authorizes the issuance of Centr...
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This case concerns the validity of waiver provisions contained in bonds proposed to be issued under the authority of the California Water Resources Development Bond Act (Wat. Code, § 12930 et seq.), hereafter called the Burns-Porter Act, and involves in part the matter decided in Warne v. Harkness, ante, p. 579 [35 Cal.Rptr. 601, 387 P.2d 377], namely, the relationship between the Burns-Porter Act...
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In this action for a real estate commission, cross-complainant, hereinafter referred to as plaintiff, appeals from a judgment for cross-defendants, hereinafter referred to as defendants. The appeal on the clerk’s transcript and certain exhibits is treated as an appeal on the judgment roll (White v. Jones, 136 Cal.App.2d 567, 569 [288 P.2d 913]), and the sufficiency of the...
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60 Cal.2d 606 (1963) BERNICE PATTON, Plaintiff and Appellant, v. CLINTON LA BREE et al., Defendants and Respondents. Supreme Court of California. Dec. 13, 1963. Coleman & Silverstein for Plaintiff and Appellant. Smith & Wilson, Andrew V. Smith and A. Charles Wilson for Defendants and Respondents. GIBSON, C. J. The complaint in this action alleges that plaintiff took her automobile to...
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The People of the State of California move to dismiss the appeal of Ronald Paul Martin from a judgment of conviction of armed robbery in two counts. Defendant chose to appear and defend in propria persona at the trial of the causes. Jury verdicts of guilty were rendered on August 23, 1962, at which time defendant waived probation and time for sentencing. Judgment of conviction was entered and h...
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Consolidated appeals have been taken by defendants James E. and Ruby Robinson in this unlawful detainer action, the first from an order striking their cross-complaint, and the second from the judgment for plaintiff on the merits. For many years plaintiff’s deceased husband and James Robinson, as partners, engaged in farming on property located in Kern County. During these years the Robinso...
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This ease involves an automatic appeal under Penal Code section 1239, subdivision (b), following verdicts finding defendant guilty of two counts of murder in the first degree and imposing the death penalty. The three separate counts of the indictment charged defendant with the murder of his mother and sister and with assault upon the person of one Ellen Young. To these counts defendant entered a p...
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This matter is before us on an order to show cause issued upon an application for writ of habeas corpus filed on behalf of George Joseph Trummer (hereinafter referred to as petitioner) who is presently on parole from the California Rehabilitation Center under an order for commitment as a narcotics addict entered by the superior court pursuant to article 2, chapter 11, title 7, of part III of the P...
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Petitioner was convicted in the Municipal Court for the San Leandro-Hayward Judicial District of wilful trespass in violation of subdivision (l) of section 602 of the Penal Code.1 The judgment of conviction was affirmed without opinion by the Appellate Department of the Superior Court of Alameda County, which certified that a transfer of the case to the District Court of Appeal appeared necessary ...
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Defendants Claude Leonard Jeter and Charles Joshua appeal from judgments of conviction of murder and robbery both in the first degree. A motion for a new trial was denied and the penalty as to each defendant was fixed at life imprisonment on the murder convictions. Defendants’ purported appeals from the order denying a new trial, which order is not appealable, are dismissed. (Pen. Code, § 1237.) D...
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This is another in the protracted series of cases requiring interpretation of section 170.6 of the Code of Civil Procedure. The sole issue turns upon whether a notice of motion to disqualify a trial judge is timely when filed prior to a proceeding on an indirect contempt which is supplementary to a domestic relations action. For the reasons *679 which we set forth below, we have concluded that ...
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Plaintiffs appeal from a judgment of dismissal, predicated upon the sustaining of a demurrer to their complaint in an action to recover damages for the wrongful death of their father. Facts: The complaint alleged that in February 1956 George Cross was electrocuted as the result of a contact with an electrical line maintained by defendant Pacific Gas and Electric Company (hereinafter...
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The sole contention made by defendant in his appeal from a judgment of conviction for possession of marijuana (Health & Saf. Code, § 11530) is that the evidence is insufficient to sustain the judgment. This contention we hold to be without merit. Subject to the right of the prosecution to introduce additional evidence the cause was submitted to the trial court on the transcript of the preliminary ...
Views: 33
The sole question presented on this appeal is whether the trial court was prohibited from granting probation to defendant under the provisions of section 1203 of the Penal Code. For reasons hereafter stated, we are of the opinion that the trial court had such power, and that its order so providing should be affirmed. Defendant was charged with assault with the intent to commit murder (Pen. Code, §...
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60 Cal.2d 709 (1964) CONRAD D. ROSEMONT, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; CHARLES TURNER et al., Real Parties in Interest. L.A. No. 27606. Supreme Court of California. In Bank. Jan. 30, 1964. Kindel & Anderson, Ernest J. Zack, Malcolm George Smith and Bruce W. Sumner for Petitioner. No appearance for Respondent. McCutchen, Black, Harnagel & Shea, ...
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Defendant administratrix appeals from a judgment on the pleadings, in the sum of $7,554.22, entered against her in an action by the Department of Mental Hygiene of the State of California to recover the alleged cost of care, support, maintenance and medical attention supplied to Auguste Schaeche, mother of defendant’s intestate, as a committed inmate of a state institution for the mentally ill....
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60 Cal.2d 723 (1964) D. I. CHADBOURNE, INC., Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; WILLIAM HARRISON SMITH et al., Real Parties in Interest. S.F. No. 21439. Supreme Court of California. In Bank. Jan. 30, 1964. Cresswell, Davis & Church and R. T. Cresswell for Petitioner. Dunne, Bledsoe, Smith, Phelps, Cathcart & Johnson and Robert A. Se...
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60 Cal.2d 740 (1964) THE PEOPLE, Plaintiff and Respondent, v. JOSEPH BARRY SHELTON et al., Defendants and Appellants. Crim. No. 7587. Supreme Court of California. In Bank. Jan. 30, 1964. Boags & Worrell and C. V. Worrell for Defendants and Appellants. Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Lawrence R. Tapper, Deputy Attorney General, for Plainti...
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Defendants Joseph Shelton and Margie Victorian appeal from judgments of conviction of possessing heroin in violation of Health and Safety Code, section 11500, and from the order denying their motion for new trial. The appeal from the order denying a new trial is dismissed. (Pen. Code, § 1237.) Officer Hanks of the Narcotics Division of the Los Angeles Police Department testified that he had invest...
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In a prior decision (ante, p. 318 [33 Cal.Rptr. 101, 384 P.2d 421]) we directed respondent board to redistrict the supervisorial districts of Monterey County, and we retained jurisdiction in order to determine whether the order had been complied with and to take further appropriate steps if the board did not show compliance within a reasonable time. On December 16, 1963, the board adopted an ...
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Appellants, hereinafter sometimes called objectors, are two minors appearing by the guardian of their respective estates. As presumptive remainder beneficiaries of a testamentary trust, they appeal from certain parts of an order settling the eighth account current of the trustee. Their purported appeal from certain parts of an order overruling their objections to the account should be dismissed; ...
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Defendant appeals (by operation of Pen. Code, § 1239, subd. (b)) from judgments of death and imprisonment imposed pursuant to jury verdicts finding him guilty of first degree murder, first degree burglary, possession of a coneealable weapon by an ex-felon (Pen. Code, § 12021), first degree robbery, assault with a deadly weapon, and two counts of kidnaping. Defendant advances a variety of contentio...
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Alverson, Stoner and Williamson were jointly charged with and tried for burglary. Five prior Convictions were charged against and admitted by Alverson, and one prior was charged against and admitted by Williamson. The jury found Alverson and Stoner guilty of second degree burglary, and acquitted Williamson. Alverson alone appeals. The charged burglary was of a radio store in Los Angeles. There is ...
Views: 25
The sole point involved on this appeal is whether, under the circumstances of this case, after the judgment was reversed with directions, and, pursuant to. such directions, a revised judgment was entered, interest should start to run from the date of the original judgment or from the date of the revised judgment. We have concluded that under the rules announced in Stockton Theatres, Inc. v. Palerm...
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This matter is before us on an order to show cause issued by the District Court of Appeal upon an application for habeas corpus filed in propria persona by Robert Espinoza Rodriguez, who is confined in the California Rehabilitation Center for treatment as a narcotics addict by order of the superior court entered pursuant to article 3, chapter 11, title 7, of part III of the Penal Code (§§ 6500-65...
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Petitioners, electors and taxpayers of the City of San Jose, seek a writ of mandate to prevent the city clerk of San Jose from holding a special election on April 14, 1964, and from expending city funds for such election. The sole issue turns upon whether, as a result of the 1963 amendments to the Charter of the City of San Jose, the election of the city manager may be held in even-numbere...
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60 Cal.2d 834 (1964) 389 P.2d 133 36 Cal. Rptr. 741 SUNSET-STERNAU FOOD CO., Plaintiff and Respondent, v. RUDY BONZI, Defendant and Appellant. Docket No. S.F. 21499. Supreme Court of California. In Bank. February 18, 1964. *835 P.M. Barceloux, Burton J. Goldstein, Goldstein, Barceloux *836 & Goldstein, E. Dean Price, Zeff, Halley & Price and Albert E. Levy for Defendant and Appellant. Cle...
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Plaintiff appeals from a judgment entered in favor of defendants after a ruling by the trial court, under section 597 of the Code of Civil Procedure, on a special defense constituting a bar to the prosecution of the action, in a suit for personal injuries alleged to have been caused by negligence of defendant Andreatta while in the course and scope of her employment by defendant county. The issue ...
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60 Cal.2d 852 (1964) THERESA KOPFINGER, Plaintiff and Appellant, v. GRAND CENTRAL PUBLIC MARKET et al., Defendants and Respondents. L. A. No. 27580. Supreme Court of California. In Bank. Feb. 25, 1964. Ernest George Williams for Plaintiff and Appellant. Moss, Lyon & Dunn, Gerold C. Dunn and Henry F. Walker for Defendants and Respondents. PETERS, J. Plaintiff appeals from a judgment of ...
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This, like Kopfinger v. Grand Central Public Market, ante, p. 852 [37 Cal.Rptr. 65, 389 P.2d 529], this day decided, is an appeal from a judgment of nonsuit in a slip-fall case, the trial court having ruled as a matter of law, that the plaintiff had presented no substantial evidence on the issue of liability. In our opinion, the plaintiff presented sufficient evidence to go to the jury on that iss...
Views: 0
60 Cal.2d 868 (1964) THE PEOPLE, Plaintiff and Respondent, v. CLARENCE SPRIGGS, Defendant and Appellant. Crim. No. 7601. Supreme Court of California. In Bank. Feb. 25, 1964. Herbert E. Selwyn, under appointment by the Supreme Court, for Defendant and Appellant. Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and C. A. Collins, Deputy Attorney General, for Plaint...
Views: 64
Respondent’s return to the order to show cause concedes that petitioner is entitled to the relief herein requested and the District Court of Appeal, Second Appellate District, Division Two, is directed to recall its remittitur in 2 Crim. 8216, People v. James Ronald Ricks, vacate its order of dismissal and reinstate the appeal. (In re Martin, 58 Cal.2d 133 [23 Cal.Rptr. 167, 373 P.2d 103].)...
Views: 0
Respondent’s return to the order to show cause concedes that petitioner is entitled to the relief herein requested and the District Court of Appeal, Second Appellate District, Division Two, is directed to recall its remittitur in 2 Crim. 8216, People v. James Ronald Ricks, vacate its order of dismissal and reinstate the appeal. (In re Martin, 58 Cal.2d 133 [23 Cal.Rptr. 167, 373 P.2d 103].)...
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Respondent’s return to the order to show cause concedes that petitioner is entitled to the relief herein granted. It is therefore ordered that the warden of the state prison at Folsom deliver petitioner into the custody of the Attorney General of the United States or his authorized representative as directed in the judgment of conviction dated October 9, 1962, in United States of America v. Willar...
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Respondent’s return to the order to show cause concedes that petitioner is entitled to the relief herein granted. It is therefore ordered that the warden of the state prison at Folsom deliver petitioner into the custody of the Attorney General of the United States or his authorized representative as directed in the judgment of conviction dated October 9, 1962, in United States of America v. Willar...
Views: 0

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