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All Reporters → cal-2d → Volume 68
Opinions in cal-2d Volume 68
68 Cal. 2d 7 (1967)
THE TRAVELERS INSURANCE COMPANY, Petitioner,
v.
WORKMEN'S COMPENSATION APPEALS BOARD, and JOHN COAKLEY, Respondents.
S. F. No. 22550.
Supreme Court of California. In Bank.
Dec. 20, 1967.
Hanna & Brophy and Ivan A. Schwab for Petitioner.
Everett A. Corten, Selma Mikels, Smith, Parrish, Paduck & Clancy and Joseph E. Smith for Respondents.
TOBRINER, J.
Applicant Co...
Views: 20
— Defendants appeal, in this taxpayer’s action, from a summary judgment enjoining them from expending public funds (Code Civ. Proc., § 526a), for administering or enforcing the second paragraph of the oath required of public employees by section 3 of article XX of the California Constitution. The trial court held that the second paragraph of the oath is invalid, and granted the injunction. We agre...
Views: 1
68 Cal.2d 51 (1967)
434 P.2d 982
64 Cal. Rptr. 430
FRANCES WIRTA et al., Plaintiffs and Respondents,
v.
ALAMEDA-CONTRA COSTA TRANSIT DISTRICT et al., Defendants and Appellants.
Docket No. S.F. 22418.
Supreme Court of California. In Bank.
December 21, 1967.
*52 Robert E. Nisbet, Heller, Ehrman, White & McAuliffe, Caspar W. Weinberger and M. Laurence Popofsky for Defendants and Appellants.
Jose...
Views: 57
Subsequent to Dr. Yakov’s conviction on nine counts of violation of section 4227 of the Business and Professions Code (furnishing dangerous drugs without a prescription), the Board of Medical Examiners filed a statement of charges, alleging inter alia that the doctor was guilty of conduct involving moral turpitude. After a hearing in which the doctor represented himself, the board adopted the hear...
Views: 44
George Skaff filed an action in the small claims court, a division of the Municipal Court of the City of Los Angeles, against the Holiday Car Leasing Corporation, seeking recovery of $2501 which he allegedly extended to Holiday as a deposit for the delivery of a 1965 Chevrolet Impala Coupe automobile. Holiday counterclaimed against Skaff for $175, the amount allegedly due for rental and insurance ...
Views: 19
Page 81
This case presents the question whether a creditor suing on a written agreement guaranteeing payment of indebtedness at maturity and permitting the creditor to receive either cash or securities in settlement may exercise such choice for the first time on appeal from a judgment for defendant guarantor, after the creditor tried and lost its case in the trial court on the theory that the stock it had...
Views: 9
Page 93
Plaintiffs appeal from a judgment of dismissal entered after a general demurrer was sustained to their amended complaint seeking damages for unjust enrichment in a transaction involving the sale of residential property to them by defendants, the latter having reacquired the property in foreclosure proceedings.
Facts: On August 15, 1963, plaintiffs and defendants executed an instrument labeled “Rea...
Views: 13
This cause was transferred to this court after decision by the Court of Appeal, Second Appellate District, Division Three. After a thorough examination of the issue presented in the light of our holdings in analogous decisions and the declared intent of the California Law Revision Commission in proposing the governing statutory language, we have concluded that the opinion of the Court of Appeal...
Views: 16
Page 104
This is a personal injury action arising out of a collision between plaintiffs’ and defendants’ automobiles. The complaint charged negligence, and the answer was a general denial. After four days of trial the jury returned a verdict
*108
for defendants, and judgment was entered accordingly. Plaintiffs moved for a judgment notwithstanding the verdict and, in the alternative, for a n...
Views: 17
This is a proceeding for writ of mandate to compel respondent court to set aside and vacate its order granting a new trial. The ease is a companion to
Mercer
v.
Perez,
ante, p. 104 [65 Cal.Rptr. 315, 436 P.2d 315], also filed this day. As will appear, we have concluded that petitioner is not entitled to relief by way of extraordinary writ.
Petitioner is the plaintiff ...
Views: 26
Page 137
Petitioners are charged with criminal contempt, a misdemeanor, for willful disobedience of an order of the superior court. (Pen. Code, § 166, subd. 4.) Prior to the entry by them of a responsive pleading to the complaint (see Pen. Code, §§ 949, 1002, 1003, 1004, 1016) but subsequent to their release upon posting bail, they applied for a writ of habeas corpus in the superior court, alleging that th...
Views: 38
Mrs. Lillian A. Schick, while performing duties for her employer, was shot and killed by her former husband, Carl Schick. The Workmen’s Compensation Appeals Board (hereinafter board) found that Mrs. Schick’s fatal injuries were sustained in the course of and arose out of her employ *159 ment, and awarded compensation to her dependent daughter. The insurance carrier for the employer (petitioner)...
Views: 10
Page 162
68 Cal.2d 162 (1968)
436 P.2d 297
65 Cal. Rptr. 297
BERNARD J. ENDLER, Plaintiff and Appellant,
v.
JERALD S. SCHUTZBANK, as Commissioner of Corporations, etc., Defendant and Respondent.
Docket No. L.A. 29458.
Supreme Court of California. In Bank.
January 26, 1968.
*165 Ellis J. Horvitz for Plaintiff and Appellant.
Thomas C. Lynch, Attorney General, and H. Warren Siegel, Deputy Attorney General, f...
Views: 24
Page 183
68 Cal.2d 183 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
EDWARD JOHN CARUSO, Defendant and Appellant.
Crim. No. 11709.
Supreme Court of California. In Bank.
Jan. 26, 1968.
Russell E. Parsons for Defendant and Appellant.
Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Bradley A. Stoutt, Deputy Attorney General, for Plaintiff and Respondent.
MOSK, J.
...
Views: 34
Graneo Steel, Inc. (Graneo), a California Corporation, brought this proceeding before the Workmen’s Compensation Appeals Board (Board) in order to determine whether it was covered by workmen’s compensation insurance on the date of an industrial injury to one of its employees. The referee determined that Graneo was not so covered and dismissed from the proceeding the alleged insurer, the Hartford A...
Views: 15
The Department of Public Works seeks to compel the trial court to proceed with the condemnation of three instead of two parcels of real property owned by the real parties in interest, Roy and Thelma Rodoni. The department built a freeway across a farm owned by the Rodonis. The farm consists of a southern rectangular parcel and a northern triangular parcel. The northeast corner of the former touche...
Views: 0
Page 222
Dallas Masterson and his wife Rebecca owned a ranch as tenants in common. On February 25, 1958, they conveyed it to Medora and Lu Sine by a grant deed ‘ ‘ Reserving unto the Grantors herein an option to purchase the above described property on or before February 25, 1968 ’ ’ for the “same consideration as being paid heretofore plus their depreciation value of any improvements Grantees may add to t...
Views: 1
Petitioner Southern Pacific Company seeks annulment of an order of respondent Public Utilities Commission requiring the installation of protective flashing light signals at a railroad and highway grade level crossing in
*244
Tehama County, but not automatic crossing gates as recommended by respondent’s staff and supported by petitioner.
1
Although a basis for the commi...
Views: 3
In this action to recover for personal injuries, plaintiff appeals from a judgment in favor of defendants Hollinger and the City of Los Angeles.
Plaintiff’s employer, Savala Paving Company, entered into a contract with the City of Los Angeles relating to improvements on Century Boulevard, which has three eastbound lanes. On the morning of the accident, barricades were placed across the two outer l...
Views: 0
Page 258
68 Cal. 2d 258 (1968)
437 P.2d 289
65 Cal. Rptr. 897
In re JAMES MITCHELL on Habeas Corpus.
Docket No. Crim. 10931.
Supreme Court of California. In Bank.
February 23, 1968.
*259 James Mitchell, in pro. per., and Frank C. Wood, Jr., under appointment by the Supreme Court, for Petitioner.
Thomas C. Lynch, Attorney General, Edsel W. Haws, Roger E. Venturi and Daniel J. Kremer, Deputy Attorneys Gener...
Views: 24
Appellant Frank L. Bambridge appeals from a judgment (Prob. Code, § 1240)
1
entered in proceedings for the determination of heirship (§§ 1080-1082) decreeing that appellant is entitled to no part of the estate of William Harry Westerman, Sr., deceased, under his claim thereto based on section 229 as the son of decedent’s previously deceased spouse.
The facts are not in dispute. ...
Views: 21
Page 280
Defendant appeals from a judgment convicting him of violating section 270 of the Penal Code (willful failure to provide for his minor child), a misdemeanor.
*282
The settled statement of facts recites that seven years after defendant’s marriage it was medically determined that he was sterile. His wife desired a child, either by artificial insemination or by adoption, and at first ...
Views: 35
Page 290
The issue here presented is this: After the remarriage to each other of divorced parents may either enforce against the other child support orders made in the prior divorce proceeding ? We conclude that the trial court correctly ruled that the remarriage terminated the support provisions with respect to payments thereafter accruing, and that its order should be affirmed. In 1958 plaintiff mother s...
Views: 9
Page 299
68 Cal.2d 299 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
GENOVEVO ROSALES, Defendant and Appellant.
Crim. No. 11533.
Supreme Court of California. In Bank.
Feb. 28, 1968.
Genovevo Rosales, in pro. per., and Joseph C. Battaglia, under appointment by the Supreme Court, for Defendant and Appellant.
Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Brian Am...
Views: 67
This is an original petition for writ of mandate filed by the State Board of Equalization (hereinafter called the board) to compel respondent assessor to comply with his statutory duty of making available for the board’s inspection certain records in his custody pertaining to the assessment of three airlines operating in Los Angelss County. (Gov. Code, §15612.) We have concluded that respondent’s ...
Views: 14
Page 313
Petitioner was convicted in a municipal court of driving an automobile with knowledge that his driver’s license had been suspended. (Veh. Code, § 14601.)1 The appellate department of the superior court affirmed the conviction without opinion and refused to certify the ease to the Court of Appeal. Petitioner then sought a writ of habeas corpus in the Court of Appeal, and after that court denied his...
Views: 1
Page 319
68 Cal.2d 319 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
MALCOLM RICARDO COLLINS, Defendant and Appellant.
Crim. No. 11176.
Supreme Court of California. In Bank.
Mar. 11, 1968.
Rex K. DeGeorge, under appointment by the Supreme Court, for Defendant and Appellant.
Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Nicholas C. Yost, Deputy Attorney General...
Views: 62
Although it discusses other matters, this opinion sets forth three principal rulings: first, that the statute of frauds does not apply to an oral employment contract, even though it provides in part for the measurement of the employee’s compensation by annual receipts of the employer, unless its terms foreclose the employee’s completion of the performance of the contract within one year; second, t...
Views: 3
On December 21, 1966, petitioner Roger Whittaker was convicted by a jury in the Justice Court of the Redding Judicial District (Shasta County) of violating section 2141 of the Business and Professions Code, which provides in general that the practice of medicine without a valid, unrevoked physician’s certificate constitutes a misdemeanor. (See also Bus. & Prof. Code, §§ 2135, 2137. 2426.) On th...
Views: 41
Petitioners, Leonard E. Maine and Thomas E. Braun, seek writs of mandate directed to the Superior Court of the County of Mendocino. By grand jury indictment they are each accused of murder (Pen. Code, § 187), two counts of kidnaping (Pen. Code, §207), forcible rape (Pen. Code, §261, subd. 4) and assault with intent to commit murder (Pen. Code, §217). Petitioners each filed a timely motion under s...
Views: 35
Page 389
68 Cal.2d 389 (1968)
438 P.2d 381
66 Cal. Rptr. 733
In re WILLIAM JOSEPH FINLEY on Habeas Corpus.
Docket No. Crim. 11721.
Supreme Court of California. In Bank.
March 18, 1968.
William Joseph Finley, in pro. per., and Charles Y. Boeggeman, under appointment by the Supreme Court, for Petitioner.
Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, Raymond M. Momboisse and ...
Views: 24
Page 389
In 1946 a jury found petitioner guilty of first degree robbery. The information alleged and petitioner admitted prior convictions of burglary in the State of Washington in 1932 and first degree robbery in California in 1938, with service of a term of imprisonment for each. The Los Angeles County Superior Court adjudged petitioner an habit*390ual criminal and sentenced Mm to life imprisonment. (Pen...
Views: 0
Page 397
I concur with the majority’s conclusion that the superior court had jurisdiction to entertain Ketchel's petition. However, in my opinion the showing made by Ketchel in the superior court did not warrant the issuance of the order directing in part that the warden allow a psychiatric examination of Ketchel and the superior court therefore abused its discretion in issuing that order. I cannot agree w...
Views: 1
Petitioner Greyhound Lines, Inc. seeks review of Decision No. 72297 of the Public Utilities Commission which compels extension of commuter bus service over routes in the San Francisco Bay Area.
1
Greyhound is a pas
*410
senger stage corporation, as defined in Public Utilities Code section 226,
2
operating buses transporting passengers, baggage, and express pur...
Views: 6
Page 418
An information charged defendant and Frank Harper with seven counts of forgery and two counts of grand theft. Defendant and Harper waived trial by jury and stipulated that the trial judge decide the ease on the transcript of the preliminary hearing. The trial court found defendant guilty of one count of forgery and dismissed the other eight counts against defendant. Defendant appeals. We hold that...
Views: 30
Page 436
68 Cal.2d 436 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
TED STEVEN CHIMEL, Defendant and Appellant.
Crim. No. 11607.
Supreme Court of California. In Bank.
Apr. 10, 1968.
Keith C. Monroe for Defendant and Appellant.
Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Ronald M. George, Deputy Attorney General, for Plaintiff and Respondent.
TOBRINER, J.
...
Views: 52
Page 453
Plaintiff appeals from an order denying her application for child support filed under the Uniform Reciprocal Enforcement of Support Act (hereafter URESA; Code Civ. Proc., § 1670 etseq.). Plaintiff and defendant were married in New York on May 4, 1956, and divorced in Georgia on July 31, 1957. Their daughter, Kim Ivy, was born on April 19, 1957. “In lieu of permanent alimony,” the judgment of di...
Views: 9
Page 461
This is a proceeding to review a recommendation of Disciplinary Board II of the State Bar of California that petitioner be suspended from the practice of law for a period of three years. Questions: First. Does the evidence sustain the finding of culpability on the part of petitioner ? Yes. The burden is upon one seeking a review of a recommendation of a disciplinary board to show that its finding...
Views: 9
Page 467
An information was filed charging Alfred Gonzales with selling heroin (Health & Saf. Code, § 11501) and a prior conviction of possession of narcotics (Health & Saf. Code, § 11500). He admitted the prior conviction. A mistrial was declared when the jury became deadlocked, but at the second trial the jury found defendant guilty of the offense charged. Thereafter, on June 15, 1965, a motion for a new...
Views: 28
We granted petitioner Leander Leroy Jones’ application for a writ of review to consider his contention that, in overturning the referee’s award in his favor, the Workmen’s Compensation Appeals Board (hereinafter called W.C.A.B.) acted without substantial evidence in the record to support its determination. We hold that no probative evidence supports the W.C.A.B.’s decision, and it must therefore b...
Views: 15
Page 481
Defendant, who was convicted of violation of section 404.6 of the Penal Code, enacted in 1966, challenges the constitutionality of the section. 1 As hereinafter appears, we have concluded that the various attacks on the statute lack merit, and that the judgment should be affirmed. Defendant has chosen to appeal on a settled statement, which discloses only that he was convicted in the trial co...
Views: 28
Page 487
After two trials in which the jury disagreed, a third jury in 1959 found William Cameron guilty of murder in the first degree and fixed the penalty at life imprisonment. Cameron has filed two petitions for a writ of habeas corpus alleging that involuntary confessions were introduced into evidence and that the prosecution deliberately suppressed evidence indicating that he was innocent. The two pro...
Views: 10
In this action in which both parties seek injunctive-relief in respect-to an easement,.- defendants and cross-complainants
1
(hereafter referred to collectively - as
*517
Katz) appeal from orders granting plaintiff and cross-defendant Continental Baking Company (Continental) a preliminary injunction and denying Katz a preliminary injunction.
2
We granted a h...
Views: 39
This is an action by plaintiffs Richard and Barbara Menchaca for damages resulting from the wrongful death of their 22-month-old son, Richard Menchaca, Jr., who was killed when run over by a bakery truck operated *539by an employee of defendant Helms Bakeries. Helms denied its negligence and asserted the contributory negligence of the child’s mother, Barbara Menchaca. The trial resulted in a jury ...
Views: 32
Defendant Jimmy Lee Smith petitions for a writ of mandate to compel the Los Angeles Superior Court to vacate its order removing I. A. Kanarek as his attorney of record in a pending murder trial.
We adjudicate here the unprecedented issue of whether a trial judge has or should have the power to remove a court-appointed defense attorney, over the objections of both the attorney and the defen...
Views: 36
Page 563
68 Cal.2d 563 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
FERNANDO M. FLORES, Defendant and Appellant.
Crim. No. 11946.
Supreme Court of California. In Bank.
May 9, 1968.
Fernando M. Flores, in pro. per., and Ronald S. Tucker, under appointment by the Supreme Court, for Defendant and Appellant.
Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, and Roger E. Ve...
Views: 13
Page 563
An information charged Fernando Flores and Anita Falcon with violation of Health and Safety Code section 11500.5 (possession of narcotics (heroin) for sale). Defendants waived a jury trial; the court found both guilty. The court further found that defendant Flores had suffered two prior narcotics convictions as charged. Pursuant to Penal Code section 1181, subdivision 6, the court reduced the offe...
Views: 22
Petitioners, Fruehauf Corporation and its insurance carrier, seek review of a decision of the Workmen’s Compensation Appeals Board (hereinafter board) awarding compensation to Thomas C. Stansbury, an employee who suffered an industrial injury arising out of and in the course of his employment by Fruehauf. Section 5405 of the Labor Code 1 provides, with exceptions not relevant here, that proce...
Views: 19
Page 579
68 Cal.2d 579 (1968)
REBECCA H. WILLIAMS, Plaintiff and Appellant,
v.
LEO FRANCIS CARR, Defendant and Respondent.
Supreme Court of California.
May 16, 1968.
Heily & Blase, DeWitt F. Blase and Edward L. Lascher for Plaintiff and Appellant.
Edward I. Pollock, Robert E. Cartwright, Theodore A. Horn, Robert G. Beloud and Leonard Sacks as Amici Curiae on behalf of Plaintiff and Appellant.
Park...
Views: 19
Page 590
68 Cal. 2d 590 (1968)
ADOLPH R. FAZZI et al., Plaintiffs and Respondents,
v.
ROBERT E. PETERS, Defendant and Appellant.
S. F. No. 22585.
Supreme Court of California. In Bank.
May 16, 1968.
Philip N. Schmidt for Defendant and Appellant.
Nagle, Vale & McDowall and Vernon V. Vale for Plaintiffs and Respondents.
SULLIVAN, J.
In this case we simply reaffirm the seemingly self-evident propos...
Views: 2
Plaintiff, through his guardian ad litem, brought this action against defendant Los Angeles Metropolitan Transit Authority for injuries caused by defendant’s agents’ negligent operation of a motor vehicle. (Yeh. Code, § 17001.) Defendant demurred to the complaint on the ground that section 945.6 of the Government Code barred plaintiff’s action; the trial court sustained the demurrer with leave to ...
Views: 20
68 Cal.2d 611 (1968)
AMERICAN SAVINGS AND LOAN ASSOCIATION, Plaintiff and Appellant,
v.
MARTIN N. LEEDS, Defendant and Respondent.
L.A. No. 29434.
Supreme Court of California. In Bank.
May 27, 1968.
A. Joseph Sherwood and Richard D. Dreyfus for Plaintiff and Appellant.
Bolton, Groff & Dunne and Gene E. Groff for Defendant and Respondent.
TRAYNOR, C. J.
Plaintiff appeals from a judgment...
Views: 15
68 Cal.2d 619 (1968)
DEWEY MERRITT, Plaintiff and Appellant,
v.
J. A. STAFFORD COMPANY et al., Defendants and Respondents; STUYVESANT INSURANCE COMPANY, Surety and Respondent.
L. A. No. 29545.
Supreme Court of California. In Bank.
May 27, 1968.
Wild, Christensen, Barnard & Wild, Magana, Olney, Levy, Cathcart & Gelfand, Magana, Olney, Levy & Cathcart and Ellis J. Horvitz for Plaint...
Views: 7
Page 629
68 Cal.2d 629 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
LEE Z. JOHNSON, Defendant and Appellant.
Crim. No. 11360.
Supreme Court of California. In Bank.
May 27, 1968.
Morton Herbert, under appointment by the Supreme Court, for Defendant and Appellant.
Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Lawrence Mindell and Marvin A. Bauer, Deputy Attorneys G...
Views: 41
Page 639
On April 15, 1966, after a trial without a jury, defendant was convicted of violating Health and Safety Code section 11500, possession of heroin. He has appealed from the resulting judgment. Defendant filed notice of appeal on April 15, 1966. It subsequently appeared that the court reporter’s notes were unavailable and a transcript of the proceedings could not be *641 prepared. A hearing was ...
Views: 21
Page 646
This appeal from a judgment of conviction of incest (Pen. Code. § 285) presents the important question whether section 1235 of the new Evidence Code, making prior inconsistent statements of a witness admissible
for the truth
*648
of the matters therein asserted,
violates the Sixth Amendment’s guarantee of the right of confrontation when introduced against a defendant ...
Views: 35
Page 662
In this action brought by an executrix against a real estate broker and others to recover the amount of a commission paid the broker in connection with the sale of property belonging to plaintiff’s decedent, defendant broker Robert R. Strehlow appeals from a judgment entered after a nonjury trial in favor of plaintiff and against him in the sum of $7,687.50, together with $1,165.70 interest, and ...
Views: 13
The Insurance Commissioner initiated this action to restrain the individual defendants (organized under the name of California Mutual Association) from carrying on business as an insurer without first securing a certificate of authority pursuant to Insurance Code section 700. The Insurance Commissioner has appealed from a judgment denying the injunction and declaring that respondent was not eng...
Views: 17
Stewart Burton, manager of the Vista Theater in Los Angeles, and Gregory Giglioli, assistant manager *687(hereinafter petitioners), are charged with violating section 103.109 of the Los Angeles Municipal Code, a misdemeanor.1 The ordinance provides that no person shall engage in the business of exhibiting motion picture films to the public in any theater for compensation without a written permit f...
Views: 29
This controversy presents questions of the proper construction and application of certain provisions of the Municipal Code of defendant City of Los Angeles as the;' relate to the minimum required setback and front yard requirements for a vacant lot which plaintiffs seek to develop for residential purposes. As hereinafter appears, we have concluded that the trial court erred in its conclusion th...
Views: 5
Page 707
This is a proceeding to review a recommendation of Disciplinary Board I of the State Bar of California that petitioner be suspended from the practice of law for one year and that such suspension be stayed on conditions of probation, with actual suspension during only the first 60 days. The recommended discipline is based upon petitioner’s alleged misappropriation of at least $242.40 belonging to a...
Views: 2
Page 714
Defendant Peter Paul Fioritto appeals from a judgment convicting him of burglary in the second degree. (Pen. Code, §459.) At trial the People introduced into evidence a confession signed by defendant, and defendant contends that this confession was elicited under circumstances that were violative of the standards enunciated by the United States Supreme Court in Miranda v. Arizona (1966) 384 U.S. 4...
Views: 0
Page 728
I dissent for the reasons set forth in Amaya v. Some Ice, Fuel & Supply Co. (1963) 59 Cal.2d 295, 297-315 [29 Cal.Rptr. 33, 379 P.2d 513], In my opinion that case was correctly decided and should not be overruled.
BURKE, J.
As recently as 1963 this court, in Amaya v. Home Ice, Fuel & Supply Co., 59 Cal.2d 295 [29 Cal.Rptr. 33, 379 P.2d 513], thoroughly studied and expressly rejected the propositio...
Views: 1
Petitioner seeks annulment of a decision of the Workmen’s Compensation Appeals Board after reconsideration which denied his petition to reopen on the ground of new and further disability. As hereinafter appears we have concluded that the decision should be annulled for failure of the appeals board to state the evidence relied upon and to detail the reasons for its action, as required by section 5...
Views: 18
Page 756
On June 16, 1967, the Los Angeles Municipal Court entered judgment on a jury verdict finding petitioner guilty of misdemeanor drunk driving (Veh. Code, §23102), and on June 21, sentenced him to 20 days in jail and imposed a $300 fine or another 30 days. His counsel filed a timely notice of appeal (Cal. Rules of Court, rule 182 (a)), but filed his proposed statement on appeal four days late. (Cal....
Views: 18
Page 762
Petitioner is confined in the California Men’s Colony at Los Padres under a judgment of conviction of violating Health and Safety Code section 11500 (possession of heroin) entered upon his plea of guilty in the San Francisco Superior Court on February 18, 1959. He admitted two prior federal narcotics convictions, and the court sentenced him to imprisonment for not less than two nor more than tw...
Views: 24
Page 774
68 Cal.2d 774 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
JOHNNY BOCKTUNE LEW, Defendant and Appellant.
Crim. No. 11877.
Supreme Court of California. In Bank.
June 25, 1968.
Cooper & Nelsen, Ned R. Nelsen and Richard M. Moore for Defendant and Appellant.
Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Thomas Kerrigan, Deputy Attorney General, for ...
Views: 48
We are called upon to decide whether there is substantial evidence in the record to support a finding of the Workmen’s Compensation Appeals Board (hereinafter board) that half of petitioner William Berry’s disability is due to a preexisting physical impairment and half to an industrial injury. The evidence compels our conclusion that his entire disability is the result of an industrial injury.
...
Views: 17
Petitioner seeks review of the appeals board’s opinion and order denying reconsideration of its prior decision after reconsideration in which the appeals board found that 50 percent of petitioner’s permanent disability was attributable to his preexisting asymptomatic arthritic condition. Since the apportionment is not supported by
*796
substantial evidence and is based on an error ...
Views: 19
Page 802
68 Cal.2d 802 (1968)
CLARICE P. WEEKS, Plaintiff and Appellant,
v.
NORMAN C. ROBERTS, Defendant and Respondent.
Supreme Court of California.
July 1, 1968.
Sidney Dorfman, Fulop, Rolston & Burns, Marvin G. Burns, Bertram L. Linz and Seymour Winston for Plaintiff and Appellant.
Hillyer, Crake & Irwin, Roy M. Cleator, Paul, Hastings, Janofsky & Walker and Lee G. Paul for Defendant and...
Views: 8
Page 802
Plaintiff Clarice P. Weeks appeals from a judgment of dismissal entered pursuant to section 583 of the Code of Civil Procedure for failure to bring an action to trial within five years from the date of filing.
Plaintiff brought this action, as assignee for collection, to recover for legal services rendered to defendant Norman C. Roberts in the amount of $35,000. The complaint was filed and summons...
Views: 16
Page 810
68 Cal.2d 810 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
GERALD ALLEN CARTER, Defendant and Appellant.
Crim. No. 12010.
Supreme Court of California. In Bank.
July 2, 1968.
Matthew M. Kearney, under appointment by the Court of Appeal, for Defendant and Appellant.
Thomas C. Lynch, Attorney General, Elizabeth Miller and Barry H. Lawrence, Deputy Attorneys General, for Plaintiff and Respond...
Views: 20
68 Cal.2d 822 (1968)
442 P.2d 377
69 Cal. Rptr. 321
RONALD O. REICHERT, Plaintiff and Appellant,
v.
GENERAL INSURANCE COMPANY OF AMERICA et al., Defendants and Respondents.
Docket No. L.A. 28767.
Supreme Court of California. In Bank.
July 3, 1968.
*825 Louis Most for Plaintiff and Appellant.
Thelen, Marrin, Johnson & Bridges, King, Eyherabide, Cooney & Owen, Bolton, Groff & Dunne, Tho...
Views: 28
Page 854
68 Cal.2d 854 (1968)
In re GUY EARL BEVILL on Habeas Corpus.
Crim. No. 11009.
Supreme Court of California. In Bank.
July 8, 1968.
Guy Earl Bevill, in pro. per., Gerald Z. Marer, under appointment by the Supreme Court, and Long & Levit for Petitioner.
Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, Edward P. O'Brien and Derald E. Granberg, Deputy Atto...
Views: 2
Page 854
Petitioner Guy Earl Bevill, confined in the California State Prison at San Quentin for an indeterminate period as a mentally disordered sex offender, filed in propria persona a petition for habeas corpus attacking the validity of his imprisonment on the ground that he was convicted under an unconstitutional statute. We issued an order to show cause and appointed counsel. We have concluded that the...
Views: 33
Page 864
Plaintiffs brought these four actions to quiet title to undivided mineral interests underlying section 31, township 16 south, range 11 east, Mt. Diablo base and meridian, in San Benito County (section 31). They claimed these interests as successors of stockholders in two now-defunct corporations, Ashurst Oil, Land and Development Company (Ashurst) and California Oil Products Company (COP), whic...
Views: 34
In February 1965 plaintiff Rosalind Hubbard, a minor, through her guardian ad litem, filed an action against defendant Southern California Rapid Transit District ; she alleged that on March 30, 1962, she was injured by a streetcar negligently operated by defendant’s agents. She further alleged that she had timely filed a claim with defendant, but that defendant had rejected the claim on an unspeci...
Views: 13
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