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All Reporters → cal-3d → Volume 21

Opinions in cal-3d Volume 21

Opinion Plaintiff appeals from judgment denying petition for writ of mandate. Challenging City of Oakland’s requirement that police officer applicants be able to scale a six-foot wall, she claims the disproportionate rejection of females constitutes sex discrimination denying equal protection and violating the 1964 Civil Rights Act. The trial court upheld the requirement as reasonably related to t...
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21 Cal.3d 18 (1978) 577 P.2d 177 145 Cal. Rptr. 357 In re JOHN H., a Person Coming Under the Juvenile Court Law. CLARENCE E. CABELL, as Acting Chief Probation Officer, etc., Plaintiff and Respondent, v. JOHN H., Defendant and Appellant. Docket No. Crim. 19946. Supreme Court of California. April 19, 1978. *21 COUNSEL Walter Lawrence Johnson, under appointment by the Court of Appeal, Paul Halvonik,...
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21 Cal.3d 37 (1978) 577 P.2d 200 145 Cal. Rptr. 380 FLORENTINE G. BOERNER et al., Plaintiffs and Appellants, v. COLWELL COMPANY, Defendant and Respondent. Docket No. L.A. 30778. Supreme Court of California. April 24, 1978. *40 COUNSEL Patricia Herzog, Goldin & Goldin and Martha Goldin for Plaintiffs and Appellants. Meserve, Mumper & Hughes, Cromwell Warner, Jr., L. Allan Songstad, Jr., El...
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21 Cal.3d 61 (1978) 577 P.2d 188 145 Cal. Rptr. 368 EVA ISBELL et al., Plaintiffs and Appellants, v. COUNTY OF SONOMA et al., Defendants and Respondents. Docket No. S.F. 23604. Supreme Court of California. April 24, 1978. *64 COUNSEL David C. Lewis, William C. McNeill and Richard M. Pearl for Plaintiffs and Appellants. James P. Botz, County Counsel, and Caroline Kerl, Deputy County Counsel, for D...
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Opinion Plaintiff appeals from a judgment entered after defendant’s demurrer to an amended complaint was sustained without leave to amend on the ground that the statute of limitations barred the action. We reverse. On December 4, 1972, plaintiff Marasco filed suit against Frank Penegar and Does I through XX for wrongful death caused by an automobile accident. The complaint alleged th...
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*92Opinion Petitioner seeks writ of mandate to compel the Attorney General to title and prepare summary of a proposed initiative measure. Petitioner submitted a proposed initiative measure to the Attorney General for title and summary preparatory to obtaining signatures to qualify the measure for the ballot. (See Elec. Code, §§ 3502, 3503.) The measure would (a) make it unlawful for any teacher to...
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Opinion These writ proceedings present the question whether James William Mack, the real party in interest in the first matter (S.F. 23517) and the petitioner in the second (S.F. 23597), is entitled to the destruction of certain official records pertaining to his conviction in 1972 of possession of marijuana in violation of former Health and Safety Code section 11530. 1 The cases require us t...
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*123Opinion Real party in interest Spelio was convicted in 1969 of possession of marijuana (former Health & Saf. Code, § 11530), and the conviction was affirmed on appeal (People v. Spelio (1970) 6 Cal.App.3d 685 [86 Cal.Rptr. 113]). On February 25, 1976, Spelio petitioned respondent superior court for an order to destroy the records of his conviction pursuant to former Health and Safety Code sec...
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*126 Opinion On December 31, 1975, judgment was entered on defendant’s plea of guilty to possession of marijuana (Health & Saf. Code, § 11357); imposition of sentence was suspended and defendant was placed on probation for three years, conditioned on confinement in jail for four months. On January 2, 1976, defendant filed a motion in superior court for an order to destroy the rec...
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21 Cal.3d 128 (1978) 577 P.2d 659 145 Cal. Rptr. 524 ANTHONY GILBERT PIZANO, Petitioner, v. THE SUPERIOR COURT OF TULARE COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. S.F. 23654. Supreme Court of California. April 26, 1978. *131 COUNSEL Charles B. Flood III, Public Defender, and Thomas A. Simonian, Deputy Public Defender, for Petitioner. No appearance for Respondent. Jay W. P...
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21 Cal.3d 144 (1978) 577 P.2d 669 145 Cal. Rptr. 534 JAMES STEWART COULTER et al., Petitioners, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; SCHWARTZ & REYNOLDS & CO. et al., Real Parties in Interest. Docket No. S.F. 23667. Supreme Court of California. April 26, 1978. *147 COUNSEL Dahl, Hefner, Stark & Marois, C. Afton Moore III and Judy R. Campos for Petitioners. No appeara...
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Opinion Appellant, Henry M. Fogelson, was convicted by the court of a misdemeanor, soliciting contributions on public property without a permit, conduct which violated a Los Angeles ordinance.1 The issue presented to this court is whether this ordinance imposes an impermissible restriction upon free speech and the free exercise of religion, as guaranteed by the First and Fourteenth Amendments to t...
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21 Cal.3d 170 (1978) 577 P.2d 683 145 Cal. Rptr. 548 In re JACQUELINE H., a Minor. LOS ANGELES COUNTY DEPARTMENT OF ADOPTIONS, Petitioner and Respondent, v. MARETTA M., Objector and Appellant. Docket No. L.A. 30862. Supreme Court of California. April 27, 1978. *172 COUNSEL Thomas A. Diamond and Maureen Stubbs for Objector and Appellant. John H. Larson, County Counsel, and Lester J. Tolnai, Deputy...
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*173Opinion Maretta M. seeks relief from this court after the Court of Appeal dismissed her appeal from an order of the superior court terminating her parental rights to her daughter, Jacqueline H. Two issues are presented: (1) Is an indigent person, appealing from a judgment following a hearing pursuant to Civil Code section 232, entitled to appointed counsel? (2) Does failure to advise an indig...
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Opinion Appeal from judgment denying petition for writ of mandate or prohibition to compel respondent municipal court to appoint an interpreter in a civil action. We affirm the judgment. A property damage action arising from an automobile accident was filed against appellant in the municipal court. Represented by a staff attorney of the Southeast Legal Aid Center founded under the Office of Econom...
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21 Cal.3d 195 (1978) 578 P.2d 102 145 Cal. Rptr. 855 In re BRIAN D. ROHAN on Suspension. Docket No. S.F. 23458. Supreme Court of California. May 3, 1978. *198 COUNSEL Michael L. Krassner and Lance Grode for Petitioner. Herbert M. Rosenthal for Respondent. OPINION CLARK, J. Petitioner attorney was convicted of the wilful failure to file his federal income tax return for the year 1969. (26 U.S.C. §...
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21 Cal.3d 208 (1978) 577 P.2d 1026 145 Cal. Rptr. 686 THE PEOPLE, Plaintiff and Respondent, v. MICHAEL JAY COLLINS, Defendant and Appellant. Docket No. Crim. 19934. Supreme Court of California. May 3, 1978. *211 COUNSEL James A. Hutchens, under appointment by the Supreme Court, and Hutchens & Rounds for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assis...
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Opinion Proceeding to review order denying defendant costs and attorney’s fees following plaintiff’s voluntary dismissal without prejudice. Plaintiff sublessor and defendant sublessee entered a written sublease providing for plaintiff’s costs and attorney fees incurred in enforcing plaintiff’s rights under the agreement. Plaintiff served amended notice to pay or quit in December 1975. In the same...
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21 Cal.3d 231 (1978) 578 P.2d 108 145 Cal. Rptr. 861 THE PEOPLE, Plaintiff and Respondent, v. FRANK JAY PETTINGILL, Defendant and Appellant. Docket No. Crim. 20077. Supreme Court of California. May 9, 1978. *234 COUNSEL Franklyn S. Michaelson, under appointment by the Supreme Court, and Hatch & Parent for Defendant and Appellant. Roger S. Hanson, John M. Pitkin and Cherie A. Parker as Amici C...
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Opinion The present case raises the problem of the treatment for tax purposes of property located in a redevelopment project which, subsequent to the adoption of the redevelopment plan, is transferred for one reason or another into public ownership. Article XVI, section 16 of the California Constitution provides that the basis for calculating taxation of property located in a redevelopmen...
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Opinion This petition for writ of mandate challenges the constitutionality of California’s procedure for the nonjudicial foreclosure of *272 deeds of trust on real property. Petitioners contend that this procedure permits the deprivation of the trustor’s property without adequate notice or hearing in violation of the due process guarantees of the Fourteenth Amendment to the U...
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21 Cal.3d 284 (1978) 578 P.2d 123 145 Cal. Rptr. 876 THE PEOPLE, Plaintiff and Respondent, v. LANE W. SCOTT, Defendant and Appellant. Docket No. Crim. 19905. Supreme Court of California. May 16, 1978. *288 COUNSEL Bruce Robert Kay, under appointment by the Supreme Court, for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark M...
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Opinion Defendant, an attorney, appeals from a legal malpractice judgment following jury verdict. We conclude the evidence is insufficient to support the judgment. Evidence at trial revealed that- in February 1963 plaintiff fell injuring his left shoulder while employed. A preoperative diagnosis revealed “probable tear, musculotendinitus cuff, left shoulder.” The tear was repaired su...
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Opinion Under the circumstances of this case we will conclude that the filing of an action in the United States District Court suspends the running of the six-month limitations period (Gov. Code, § 945.6; all further statutory references are to that code unless otherwise indicated) within which suits must be brought against public entities in state courts. Plaintiffs originally filed a tort a...
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21 Cal.3d 322 (1978) 579 P.2d 441 146 Cal. Rptr. 550 SAFEWAY STORES, INC., Cross-complainant and Respondent, v. NEST-KART, Cross-defendant and Appellant. Docket No. S.F. 23596. Supreme Court of California. May 26, 1978. *324 COUNSEL Robert E. Lee, Robert F. Price, Lawler, Felix & Hall and Erwin E. Adler for Cross-defendant and Appellant. Burt Pines, City Attorney (Los Angeles), John T. Nevill...
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*340 Opinion A minor who has been detained in custody on a petition filed against him in the juvenile court is entitled to have his jurisdiction hearing 1 within 15 judicial days of his detention hearing. 2 (Welf. & Inst. Code, §§ 320, 334, 636, 657.) 3 In the present case, this court must decide whether such a minor may be detained for more than ...
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Opinion Robert E. appeals from judgment declaring that custody and control of his minor son, Richard, should be removed from the minor’s parents and placed in plaintiff Los Angeles County Department of Adoptions (County). (See Civ. Code, § 232, subd. (a)(4).)1 We affirm the judgment. County seeks to free Richard from custody and control of his parents on grounds (1) the minor, seven and one-half y...
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Opinion Plaintiffs filed a class action against defendant brokerage firm. They alleged, first, that defendant unlawfully charged compound interest on the debit balance in margin accounts without a clear written agreement authorizing the compounding of interest as required by section 2 of the Usury Law. Finding that defendant’s customer’s agreement complied with the requirements of section 2, the ...
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21 Cal.3d 386 (1978) 579 P.2d 449 146 Cal. Rptr. 558 BERESFORD DAVID WEEKES et al., Plaintiffs and Respondents, v. CITY OF OAKLAND et al., Defendants and Appellants; RICHARD K. GROULX et al., Interveners and Respondents. Docket No. S.F. 23598. Supreme Court of California. May 30, 1978. *389 COUNSEL David A. Self, City Attorney, Ralph R. Kughler, Assistant City Attorney, and Douglas Dang for Defen...
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*435 Opinion Section 24755 of the Business and Professions Code requires that a manufacturer or brand owner file with the Department of Alcoholic Beverage Control (department) a minimum price schedule for distilled spirits which bear the brand name of the owner (subds. (a), (c)), and it prohibits an off-sale retail licensee from selling at less than that prescribed price (subd. (...
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*463 Opinion Appellant, Kinnon Wilks, appeals from a judgment of conviction for two felony offenses and four prior convictions. He contends the following errors were made by the superior court: (1) the trial judge lacked jurisdiction to conduct appellant’s jury trial because a timely motion pursuant to Code of Civil Procedure section 170.6 had been filed to disqualify that judge;...
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Opinion Defendant Michael C., a 16-year-old minor, appeals from juvenile court orders sustaining allegations that he comes within Welfare and Institutions Code section 602 for having killed Robert Yeager (Pen. Code, § 187), adjudicating him to be a ward of the court, and committing him to the Youth Authority. We concur in defendant’s contention that his confession was obtained in violation of the...
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Opinion Carolyn B. appeals from a judgment of the trial court declaring her five minor children free from her custody and control under section 232, subdivisions (a)(2) and (a)(6) of the Civil Code. We reverse. *486 The action was brought against Carolyn B. and her husband on June 23, 1975, by the San Diego County Department of Public Welfare pursuant to Civil Code section 2...
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*502 Opinion Plaintiff E. L. White, Inc. (White) and its insurance carrier appeal from a judgment of dismissal entered following an order sustaining, without leave to amend, the demurrer of defendant City of Huntington Beach (City) to its first amended complaint in an action for “indemnity and equitable contribution.” We reverse the judgment. The complaint here at issue, tog...
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*516 Opinion Appellant, Wilford Wayne Barton, contends that he was deprived of his right under the Fourteenth Amendment of the United States Constitution to the competent assistance of counsel on appeal, in that the attorney appointed to represent him in the Court of Appeal failed to present an adequate appellate record from which that court could reach the merits of his search a...
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Opinion This is a proceeding to review the recommendation of the Disciplinary Board of the State Bar of California (board) that petitioner, admitted to the bar in 1962, be disbarred from the practice of law. After extensive hearings, at which petitioner was represented by counsel, the board found that petitioner had breached his duties as an *525 attorney in two particulars. Briefly, the re...
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21 Cal.3d 527 (1978) 580 P.2d 657 147 Cal. Rptr. 157 Estate of HERBERT N. BANERJEE, Deceased. KENNETH CORY, as State Controller, Petitioner and Appellant, v. BANK OF AMERICA, Objector and Respondent. Docket No. S.F. 23760. Supreme Court of California. June 16, 1978. *529 COUNSEL Myron Siedorf, Edwin Rosenthal and James R. Birnberg for Petitioner and Appellant. Jordan, Walsh, Lawrence, Dawson &...
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Opinion We granted a hearing in this case to resolve a conflict between Court of Appeal opinions in this and an earlier case. After an *530independent study of the issue, we have concluded that the careful and scholarly opinion of Judge Lazarus (assigned) for the Court of Appeal, First Appellate District, in this case correctly treats the issues, and we adopt it as our opinion. That opinion, with...
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Opinion Defendant appeals from judgment of conviction of 3 counts of lewd and lascivious acts upon children under the age of 14 years (Pen. Code, § 288) and of 3 counts of oral copulation of children under the age of 14 years and more than 10 years younger than himself (Pen. Code, § 288a). Defendant’s principal attack upon the judgment is that it is based on evidence obtained as a result ...
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Opinion Petitioner seeks review of a decision by the general counsel of the Agricultural Labor Relations Board (board) not to issue unfair labor practice complaints against United Farm Workers of America (UFW), real party in interest. Petitioner filed four unfair labor practice charges against UFW with the board’s regional director. Petitioner alleged that after entering its property, UFW organiz...
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21 Cal.3d 562 (1978) 580 P.2d 274 146 Cal. Rptr. 859 THE PEOPLE, Plaintiff and Respondent, v. DANIEL CAUDILLO, Defendant and Appellant. Docket No. Crim. 19805. Supreme Court of California. June 23, 1978. *566 COUNSEL F. Elaine Easley, under appointment by the Supreme Court, for Defendant and Appellant. Wilbur F. Littlefield, Public Defender (Los Angeles), Harold E. Shabo and G. Keith Wisot, Deput...
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Opinion Richard E. Hawk, admitted to practice in 1957, was convicted of two counts of wilfully and knowingly failing to file federal income tax returns (26 U.S.C. § 7203). We referred the matter to the State Bar for a hearing, report and recommendation on the question whether the facts and circumstances surrounding the commission of the offenses of which Hawk was convicted involved moral turpitude...
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21 Cal.3d 595 (1978) 580 P.2d 672 147 Cal. Rptr. 172 THE PEOPLE, Plaintiff and Respondent, v. ROBERT JIMENEZ, Defendant and Appellant. Docket No. Crim. 20123. Supreme Court of California. June 29, 1978. *599 COUNSEL Paul Halvonik, State Public Defender, Charles M. Sevilla, Chief Assistant State Public Defender, and Kent L. Richland, Deputy State Public Defender, for Defendant and Appellant. Evell...
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*618Opinion Petitioners seek to disqualify a State Bar hearing officer. There is ample reason for ordering that he be disqualified. Our view is that (1) he should have recused himself; (2) the referee appointed to hear the matter erred when he ruled that petitioners failed to sustain their burden of proof; and (3) the State -Bar itself should have confessed error prior to oral argument in this cou...
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Opinion Beryl Gardner Lane appeals from a judgment awarding one-third of Maud Gardner’s estate to Edwin Gardner, who the trial court ruled was a pretermitted heir under Probate Code section 90. The issue is whether the general disinheritance clause in Maud’s will cuts off the rights of Edwin, who was not named. 1 Beryl is Maud’s daughter; Edwin is a grandson; his father (Maud’s son) predeceas...
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Opinion Plaintiff, owner of a married student apartment project, seeks damages because of latent construction defects from the architect who designed the project, the general contractor, and the surety on the contractor’s performance bond. The trial court rendered a summary judgment in favor of the surely based on the 10-year limitation of Code of Civil Procedure section 337.15. We hold, however,...
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21 Cal.3d 650 (1978) 580 P.2d 1155 147 Cal. Rptr. 359 PALOS VERDES FACULTY ASSOCIATION et al., Plaintiffs and Respondents, v. PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT et al., Defendants and Appellants. Docket No. L.A. 30823. Supreme Court of California. July 19, 1978. *654 COUNSEL John H. Larson, County Counsel, and Audrey Oliver, Deputy County Counsel, for Defendants and Appellants. Willia...
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21 Cal.3d 671 (1978) 582 P.2d 920 148 Cal. Rptr. 329 SUN 'N SAND, INC., et al., Plaintiffs and Appellants, v. UNITED CALIFORNIA BANK, Defendant and Respondent. Docket No. L.A. 30636. Supreme Court of California. July 20, 1978. *678 COUNSEL George DeRoy and Hochman, Salkin & DeRoy for Plaintiffs and Appellants. Gendel, Raskoff, Shapiro & Quittner and Richard S. Berger for Defendant and Res...
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*713Opinion Here, as in the recent case of Business Title Corp. v. Division of Labor Law Enforcement (1976) 17 Cal.3d 878 [132 Cal.Rptr. 454, 553 P.2d 614], we confront an appeal from a judgment in an action in interpleader brought by an escrow holder who, acting pursuant to an appointment under the provisions of section 24074 of the Business and Professions Code,1 seeks to resolve conflicting cla...
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Opinion Appeal from judgment denying petition for writ of mandate directing, inter alia, the respondent Long Beach Municipal *727Court to allow petitioner, Merco Construction Engineers, Inc., a corporation (Merco), to appear in a civil action through a corporate officer not an attorney.1 Merco relies on Code of Civil Procedure section 90, purporting to authorize such an appearance.2 We conclude t...
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21 Cal.3d 738 (1978) 581 P.2d 644 147 Cal. Rptr. 639 THE PEOPLE, Plaintiff and Respondent, v. SANDRA COREY, Defendant and Appellant. Docket No. Crim. 20258. Supreme Court of California. July 31, 1978. *740 COUNSEL Paul N. Halvonik, State Public Defender, Gary S. Goodpaster, Chief Assistant State Public Defender, David M. Blackman and Stephen Berlin, Deputy State Public Defenders, for Defendant an...
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21 Cal.3d 749 (1978) 581 P.2d 651 147 Cal. Rptr. 646 THE PEOPLE, Plaintiff and Appellant, v. GEROLD JOSEPH PETERS, Defendant and Respondent. Docket No. Crim. 20257. Supreme Court of California. July 31, 1978. *750 COUNSEL John K. Van de Kamp, District Attorney, Harry B. Sondheim and Richard W. Gerry, Deputy District Attorneys, for Plaintiff and Appellant. Michael Rotsten and Quin Denvir, State Pu...
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Opinion This case presents two issues: Whether defendant trustees improperly denied plaintiff reappointment to his post as lecturer at a state university; and, if so, the nature of the remedy which will compensate plaintiff for his wrongful termination. The trial court found, inter alia, that in refusing to reappoint plaintiff, the trustees denied plaintiff the benefit of university rules...
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Opinion Retiring after 26 years of military service, husband received a “disability” pension of 75 percent of his basic pay in lieu of a “retirement” pension at 65 percent of basic pay.1 Although a military “retirement” pension is a community asset (In re Marriage of Fithian (1974) 10 Cal.3d 592, 604 [111 Cal.Rptr. 369, 517 P.2d 449]), husband claims that his entire “disability” pension is his sep...
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Opinion Security Pacific National Bank appeals a judgment for damages in favor of respondents, heirs of the estate of Florence McNaghten. This court must decide whether a bank’s failure to require the signatures of both of an estate’s co-executors for withdrawals from an estate account was sufficient to hold the bank liable for misappropriations from that account by one of the executors. ...
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Opinion Petitioner Jackie Lee Wilson, presently incarcerated in the Los Angeles County jail, is representing himself in a pending criminal proceeding wherein he is charged with attempted escape and battery on a peace officer. By this petition for writ of mandate, he seeks to compel respondent Los Angeles County Superior Court to vacate its orders of October 11, 1977; November 7, 1977; and...
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*832Opinion In this petition for writ of mandate plaintiff seeks to discover a report prepared by an expert employed by counsel for one of the defendants in the underlying personal injury suit. Defendant had originally intended to call the expert as a witness at trial, and hence, under the relevant statute and case law, the expert’s report would normally have been discoverable by plaintiff. In re...
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21 Cal.3d 841 (1978) 582 P.2d 604 148 Cal. Rptr. 148 GERTRUDE COOPER, Plaintiff and Appellant, v. CLAUDE LEWIS BRAY et al., Defendants and Appellants; RUTH TASHMA, Defendant and Respondent. Docket No. L.A. 30865. Supreme Court of California. August 16, 1978. *843 COUNSEL Green, Royce & Seaman, Irving Green and Leonard Sacks for Plaintiff and Appellant. Buck, Molony, Nimmo & Ammirato, Buck...
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*862 Opinion Petitioner, who served as Treasurer of the State of California from 1959 to 1967, seeks a writ of mandate directing respondent Board of Administration (Board) of the Public Employees’ Retirement System to compute his retirement benefit on the basis of the salary payable to the present Treasurer, rather than on the basis of the highest salary received by petitioner during his te...
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Opinion This is an appeal by Rudine B. LeMons from a judgment exonerating respondents, Dr. Paul Ward and the Regents of the University of California, of any liability for medical malpractice. This court must decide whether the trial court committed prejudicial error in *872instructing the jury on the issue of contributory negligence when no evidence was introduced at trial to support such a charg...
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Opinion Plaintiffs appeal the decision of the trial court granting summary judgments in favor of defendants in consolidated personal injury actions. We affirm dismissal of the complaint against the individual defendants, but reverse the summary judgment granted to defendant County of Sacramento (County). The individual defendants are two police officers who, while acting within the s...
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21 Cal.3d 888 (1978) 582 P.2d 957 148 Cal. Rptr. 366 In re TONY C., a Person Coming Under the Juvenile Court Law. KENNETH F. FARE, as Acting Chief Probation Officer, etc., Plaintiff and Respondent, v. TONY C., Defendant and Appellant. Docket No. Crim. 20142. Supreme Court of California. August 24, 1978. *891 COUNSEL William T. Harter, under appointment by the Supreme Court, for Defendant and Appe...
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21 Cal.3d 910 (1978) 582 P.2d 980 148 Cal. Rptr. 389 WILLIAM NEAL, as Administrator, etc., Plaintiff and Appellant, v. FARMERS INSURANCE EXCHANGE, Defendant and Appellant. Docket No. L.A. 30775. Supreme Court of California. August 25, 1978. *917 COUNSEL Gage & Cooper, Sanford M. Gage, Aitken, Bradshaw & Andres, Wylie A. Aitken and Leonard Sacks for Plaintiff and Appellant. William Camusi,...
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Holding that exercise of a “due-on clause” upon outright sale of real property unreasonably restrains that sale, the majority opinion either misreads or rejects the very decisions on which it relies, particularly Tucker v. Lassen Sav. & Loan Assn. (1974) 12 Cal.3d 629 [116 Cal.Rptr. 633, 526 P.2d 1169]. Additionally, the majority opinion awards the owner of encumbered real property a bonus in that...
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