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All Reporters → cal-3d → Volume 29

Opinions in cal-3d Volume 29

Opinion Petitioners (hereafter defendants), authorized representatives of the carpenters’ union, entered a construction site to inspect safety conditions and prepare a shop steward’s report. When they refused to leave upon request by an agent of the landowner, defendants were arrested and convicted of trespassing. (Pen. Code, § 602, subd. (k)(1).) 1 Maintaining that the record ...
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Opinion Defendant appeals from judgment entered on a jury verdict convicting him of being an accessory to a felony (Pen. Code, § 32) and of possession of a sawed-off shotgun (Pen. Code, § 12020).1 The principal question presented by his appeal is whether the testimony of an accomplice was sufficiently corroborated. The standard we must follow in reviewing this question is well settled. “Unless a r...
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Opinion This court must decide whether a residential tenant may be held to have impliedly waived a landlord’s breach of implied warranty of habitability by (1) continuing to live in premises despite knowledge of the defects or (2) failing to allow a landlord a reasonable time to repair before withholding rent. There is the additional question as to whether an unlawful detainer action may be defen...
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Opinion Sections 10450.6 and 10470 et seq. of the Business and Professions Code create a fund, derived from real estate license fees, for payment of claims on unsatisfied judgments against licensees for fraud or conversion of trust funds in connection with licensed activities.1 Payment automatically suspends the judgment debtor’s license until he or she reimburses the fund, with interest. (§ 1047...
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Opinion We are presented with a habeas corpus petition filed on behalf of Irene Hop who is a developmentally disabled adult woman presently suffering from juvenile ceroid lipofunscinosis (Spielmeyer Vogt or Batten disease). The petition, verified by her counsel of *86 record, recites that since 1975 she has been under the care of Inland Counties Regional Center (the Center), that she has neit...
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*98Opinion Petitioner, Samuel Carter McMorris, was admitted to the practice of law in this state on January 14, 1954. On December 8, 1977, this court suspended petitioner from the practice of law for one year for acts of misconduct occurring between 1975 and 1977. Probation was imposed without any actual suspension. (Bar Misc. No. 4028.) Thereafter, on September 20, 1978, we suspended petitioner f...
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Opinion The California Unemployment Insurance Appeals Board (board) challenges a judgment declaring invalid its decision that *106claimant Thurman Carroll was eligible for benefits. (P-B-292 (Carroll) (1976).) Plaintiff Pacific Legal Foundation cross-appeals from a post-judgment order that denied its motion for attorneys’ fees. Plaintiff sought declaratory relief under Unemployment Insurance Code...
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Opinion We review a recommendation of the State Bar Court (see Rules Proc. of State Bar, rule 2.30, West's Ann. Bus. & Prof. *122 Code, foll. § 6087) that petitioner, Jack Martin Conflenti, be disbarred from the practice of law because of his conviction of a crime involving moral turpitude and because of the facts and circumstances surrounding that crime. Petitioner does not ...
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Opinion The Secretary of the Health and Welfare Agency and the Director of the Department of Benefit Payments1 (hereinafter defendants) appeal from a judgment granting writs of mandate and declaratory relief invalidating a portion of a welfare regulation because of conflict with federal and state law. Plaintiffs cross-appeal from certain restrictions placed on the scope of the relief. Plaintiffs ...
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29 Cal.3d 150 (1981) 624 P.2d 1206 172 Cal. Rptr. 478 THE PEOPLE ex rel. GEORGE DEUKMEJIAN, as Attorney General, etc., Petitioner, v. EDMUND G. BROWN, JR., as Governor, etc., et al., Respondents; CALIFORNIA STATE EMPLOYEES' ASSOCIATION et al., Interveners. Docket No. S.F. 24252. Supreme Court of California. March 12, 1981. *153 COUNSEL George Deukmejian, Attorney General, Willard A. Shank and N. ...
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I respectfully dissent. The 1977 legislation at issue here (SEERA) is plainly unconstitutional as a gross infringement upon the powers of the State Personnel Board (SPB). Under article VII, section 3, subdivision (a), of the state Constitution, the SPB “shall enforce the civil service statutes and... shall prescribe probationary periods and classifications, adopt other rules authorized by statute,...
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Opinion In City of Berkeley v. Superior Court (1980) 26 Cal.3d 515 [162 Cal.Rptr. 327, 606 P.2d 362], we reaffirmed the ancient doctrine that tidelands—lands between the lines of mean high tide and mean low tide—are owned by the public, that the state holds these lands in trust for the people for their use for commerce, navigation, fishing and other purposes, and that this trust interest is retai...
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29 Cal.3d 240 (1981) 625 P.2d 256 172 Cal. Rptr. 713 THE STATE OF CALIFORNIA et al., Petitioners, v. THE SUPERIOR COURT OF PLACER COUNTY, Respondent; CHARLES F. FOGERTY et al., Real Parties in Interest. Docket No. S.F. 24035. Supreme Court of California. March 20, 1981. *242 COUNSEL George Deukmejian, Attorney General, N. Gregory Taylor and Jan Stevens, Assistant Attorneys General, David B. Judso...
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*256Opinion Plaintiffs, representing indigent women throughout the state, challenge the constitutionality under the California Constitution of provisions in the 1978, 1979, and 1980 California Budget Acts that limit Medi-Cal funding for abortions. Although the acts differ in minor respects, all afford full funding of medical expenses incurred by indigent women who decide to bear a child, but, exc...
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Opinion In this case we must determine whether a grower who obtains workers through a farm labor contractor may be held responsible under the California Agricultural Labor Relations Act (ALRA) for actions of that labor contractor which improperly interfere with, restrain or coerce such workers in the exercise of their statutorily guaranteed rights. The Agricultural Labor Relations Board (ALRB or ...
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*341 Opinion This is a proceeding to review the State Bar’s recommendation that Steven Edmondson be suspended from the practice of law for three years on conditions of probation including one-year actual suspension. Petitioner was admitted to practice in 1955 and has a record of prior discipline. He was privately reproved in 1977 for affixing two signatures to a settlement check without con...
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Opinion This case involves a land sale agreement with a liquidated damages clause which, upon the buyers’ breach of contract, limited the *348 seller’s remedy to possession of any plans or reports prepared at the buyers’ request and expense. The court must decide: (1) whether the buyers’ promise was illusory and, therefore, failed to bind the parties to the legal obligations ...
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*358 Opinion In two consolidated matters, we review recommendations of the State Bar Court that petitioners Robert Keith Petty and Otis Gus McCray, former law partners, be disbarred from the practice of law because of their convictions of crimes involving moral turpitude. (See Bus. & Prof. Code, § 6101.) Neither petitioner contests the factual findings which were made by that cou...
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29 Cal.3d 364 (1981) 627 P.2d 183 173 Cal. Rptr. 453 THE PEOPLE, Plaintiff and Respondent, v. ROBERT MICHAEL LOHBAUER, Defendant and Appellant. Docket No. Crim. 21601. Supreme Court of California. May 4, 1981. *367 COUNSEL Charles L. Cassy, under appointment by the Supreme Court, for Defendant and Appellant. Wilbur F. Littlefield, Public Defender (Los Angeles), Dennis A. Fischer and James Hallett...
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Opinion We examine the legal effects of a contract between the County of Madera and a public defender which provides financial disincentives for the defender to ascertain conflicts of interest which may arise when counsel represents multiple defendants being tried together on criminal charges. We will conclude that because of conflicts arising from the contract itself, the defendants’ convictions ...
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29 Cal. 3d 383 (1981) 628 P.2d 1 173 Cal. Rptr. 846 FARMERS INSURANCE EXCHANGE, Plaintiff and Appellant, v. PAUL COCKING, JR., et al., Defendants and Respondents. Docket No. L.A. 31340. Supreme Court of California. May 21, 1981. *385 COUNSEL Horvitz, Greines & Poster, Horvitz & Greines, Ellis J. Horvitz, Marc J. Poster and Alan G. Martin for Plaintiff and Appellant. Rogers, Joseph, O'Donn...
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I have no quarrel with the efforts of my colleagues of the majority as they seek to articulate a broad rule which would permit counsel “to ask questions reasonably designed to assist in the intelligent exercise of peremptory challenges ...” (ante, *415p. 407), and to preserve considerable discretion of “the trial court to contain voir dire within reasonable limits.” (Ibid.) Similarly, I agree with...
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Opinion Did the trial court abuse its discretion in a dissolution action when it refused to order the immediate payment of a nonemployee spouse’s interest in a retirement benefit, where the employee spouse was eligible to retire and receive the benefit but had chosen not to do so? I. Vera and Earl Gillmore separated in 1978 after a marriage of 14 years. The trial court issued an interlocuto...
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Opinion Plaintiff challenges on constitutional grounds recent legislation (Bus. & Prof. Code, § 25602, subds. (b), (c); Civ. Code, § 1714, subds. (b), (c)) which is aimed at immunizing certain providers of alcoholic beverages from civil liability for injuries attributable to intoxication. We will sustain the subject legislation and the trial court’s dismissal of plaintiff’s complaint for ...
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Opinion The complaint here alleges libel and slander during defendants’ (petitioners’) successful campaign for repeal of an ordinance that would have enabled plaintiff (real party in interest) to build a large condominium project in Beverly Hills. Our reading of the complaint persuades us that the publications in question could not reasonably be found libelous and that plaintiffs pleading of a co...
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Opinion May a trial court deny a motion to certify a class if the defendants are able to show there was antagonism to the lawsuit on be *466 half of some absent class members? A secondary issue centers on whether the plaintiffs’ prayer for rescission and punitive damages prevents the use of a class action suit. I. Tahoe Donner Subdivision is a recreational home site...
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I concur in the conclusion reached by the majority. A defendant is entitled to discovery prior to a preliminary examination and a magistrate has the authority to order it.1 It should not be forgotten that a defendant’s right to discovery is rooted in the Constitution. Due process requires a prosecutor to disclose all material evidence favorable to a defendant, including evidence related to guilt, ...
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*494Opinion It is a fundamental canon of criminal law, and a foundation of due process, that “A person cannot be tried or adjudged to punishment while such person is mentally incompetent.” (Pen. Code, § 1367; Pate v. Robinson (1966) 383 U.S. 375, 378 [15 L.Ed.2d 815, 818, 86 S.Ct. 836]; People v. Laudermilk (1967) 67 Cal.2d 272, 282 [61 Cal.Rptr. 644, 431 P.2d 228]; People v. Pennington (1967) 66 ...
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Opinion Defendant Mark H. North pled guilty to second degree burglary (Pen. Code, §§ 459, 460; all further statutory references are to that code) following the trial court’s denial of his motion to suppress evidence (§ 1538.5) which had been discovered by the burglary victim in defendant’s automobile. In affirming the conviction, we will examine the propriety of the victim’s actions, and his st...
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Opinion In this writ proceeding, petitioners, defendants in the underlying action (hereafter defendants), seek review of a trial court order denying their pretrial motion to expunge a notice of lis pendens pursuant to Code of Civil Procedure section 409.1. 1 Defendants contend that the trial court applied the wrong legal standard in passing upon their motion to expunge, and assert that on the...
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Opinion The present appeal—the third in this protracted proceeding—stems from plaintiff’s repeated efforts to enforce a portion of a court judgment awarding her $25,000 in attorney’s fees, entered against the various defendant state agencies and officers in April 1973, eight years ago. Shortly after the entry of the 1973 judgment, defendants filed their initial appeal, challenging, inter alia, bo...
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29 Cal.3d 574 (1981) 629 P.2d 502 174 Cal. Rptr. 701 ANTONIO MICHAEL MARTINEZ, Petitioner, v. THE SUPERIOR COURT OF PLACER COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. S.F. 24226. Supreme Court of California. June 18, 1981. *576 COUNSEL Blackmon, Wasserman & Blicker and Clyde M. Blackmon for Petitioner. Quin Denvir, State Public Defender, as Amicus Curiae on behalf of Pe...
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Opinion We granted a hearing in this case to review the propriety of an investigative detention of defendant by police officers. After an independent study of the issues, we have concluded that the thoughtful opinion of Justice Newman (J. M.), assigned to sit with the Court of Appeal, Second Appellate District, in this case, correctly treats the issues and that we should adopt it as our own. That ...
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Opinion The Public Utilities Commission sets minimum rates for intrastate transportation of commodities by highway carriers. Though federal authorities control intrastate motor carrier movement that precedes or follows import or export by common carrier vessel, it is undisputed that the commission has jurisdiction over wholly intrastate movement preceded or followed by movement...
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Opinion The Commission on Judicial Performance unanimously recommends that Justice Court Judge Jerrold L. Wenger of the El Dorado Judicial District, El Dorado County, be removed for “wilful misconduct in office” (hereafter wilful misconduct) and “conduct prejudicial to the administration of justice that brings the judicial office into *621 disrepute” (hereafter prejudicial conduct) (Cal. Cons...
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Opinion Plaintiffs, eight condominium developers, challenge the validity of the Santa Monica Condominium Tax Law and seek refund of taxes paid in the amount of $138,000 plus interest. The ordinance imposes a one-time charge of $1,000 per salable unit. The trial court ruled that the tax was invalid because subdivision development and construction are matters of statewide concern, pree...
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Opinion Plaintiffs, eight condominium developers, challenge the validity of the Santa Monica Condominium Tax Law and seek refund of taxes paid in the amount of $138,000 plus interest. The ordinance imposes a one-time charge of $1,000 per salable unit. The trial court ruled that the tax was invalid because subdivision development and construction are matters of statewide concern, preempted by the ...
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29 Cal.3d 666 (1981) 631 P.2d 30 175 Cal. Rptr. 596 THE PEOPLE, Plaintiff and Respondent, v. WILLIE CALLOWAY, Defendant and Appellant. In re WILLIE CALLOWAY on Habeas Corpus. Docket No. Crim. 21673. Supreme Court of California. July 16, 1981. *667 COUNSEL Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Therene Powell, Deputy State Public Defender, for Defendant a...
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Opinion Defendants Frank Earl Scott and Michael Meredith appeal from convictions for the first degree murder and first degree *686 robbery of David Wade. Meredith’s conviction rests on eyewitness testimony that he shot and killed Wade. Scott’s conviction, however, depends on the theory that Scott conspired with Meredith and a third defendant, Jacqueline Otis, to bring about t...
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29 Cal.3d 698 (1981) 631 P.2d 38 175 Cal. Rptr. 604 THE PEOPLE, Plaintiff and Respondent, v. SCOTT MONTGOMERY FLEMING, Defendant and Appellant. Docket No. Crim. 21524. Supreme Court of California. July 20, 1981. *700 COUNSEL Jack R. Becker, Maria Tortorelli, Lascher & Wilner and Edward L. Lascher for Defendant and Appellant. George Deukmejian, Attorney General, Robert H. Philibosian, Chief As...
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29 Cal.3d 711 (1981) 631 P.2d 55 175 Cal. Rptr. 621 THE PEOPLE, Plaintiff and Respondent, v. RICHARD SHIRES WINSON, JR., Defendant and Appellant. Docket No. Crim. 21675. Supreme Court of California. July 23, 1981. *713 COUNSEL Quin Denvir, State Public Defender, under appointment by the Court of Appeal, Elaine A. Alexander, Chief Assistant State Public Defender, and Andrew Freeman, for Defendant ...
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Opinion Martori Brothers Distributors, a partnership employing agricultural workers, petitions to review an order of Agricultural *724Labor Relations Board (board) which found that petitioner had committed an unfair labor practice in terminating Heriberto Silva from employment on January 11, 1978. We will remand the case to the board for further proceedings. Silva worked for petitioner in Arizona ...
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Opinion On April 9, 1978, defendant and Gregory Lufenberger, his brother-in-law, went shooting in the Mojave Desert. They chanced upon four college students who were filming a movie. Several hours later, as the students prepared to leave, defendant began to fire at them, killing three of the students and injuring the fourth. Defendant admitted the shooting but claimed diminished capacity. The jur...
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Opinion We examine and resolve an apparent conflict between two subdivisions of Code of Civil Procedure section 581. (All further statutory references are to that code unless otherwise cited.) Subdivision 1 gives a plaintiff a right to dismiss his action without prejudice “at any time before the actual commencement of trial.” Subdivision 3, on the other hand, affords a defendant a right to obtain ...
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Opinion These cases concern the constitutionality of sections 60315 and 60246 of the Education Code, which authorize the Superintendent of Public Instruction to lend, without charge, textbooks used in the public schools to students attending nonprofit nonpublic schools, and which provide funds for that purpose. 1 *797 Plaintiffs challenge these provisions on the grou...
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Opinion After a jury trial defendant, 16-year-old Michael Darrell Davis, was convicted of the rape and first degree murder of 13-year-old Deboruh Morgan. Because of the victim’s age, defendant was also convicted of committing a lewd and lascivious act on a child under the age of 14. Two special circumstances were charged and found to be true. (Former Pen. Code, § 190.2, subds. (c)(3)(iii) and (iv)...
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*840 Opinion This case raises again an issue on which we have recently spoken: the proper interpretation of the statutory requirement that a person who prosecutes a real property action pursuant to which he has recorded a notice of lis pendens prove his good faith or suffer expungement of that notice. (Code Civ. Proc., § 409.1, subd. (b).) 1 In Malcolm v. Superior Court (1981) 29 Cal.3d...
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29 Cal.3d 848 (1981) 633 P.2d 949 176 Cal. Rptr. 753 HIGHLAND RANCH, Petitioner, v. AGRICULTURAL LABOR RELATIONS BOARD, Respondent; UNITED FARM WORKERS OF AMERICA, AFL-CIO, Real Party in Interest. Docket No. L.A. 31359. Supreme Court of California. September 10, 1981. *850 COUNSEL Robert P. Roy, Dressler, Stoll, Quesenbery, Laws & Barsamian, Dressler, Stoll, Hersh & Quesenbery, Charley M....
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Opinion This case arises out of the same factual setting as Highland Ranch v. Agricultural Labor Relations Bd., (1981) ante, page 848 [176 Cal.Rptr. 753, 633 P.2d 949], Unlike Highland Ranch, however, this case concerns the obligations under the Agricultural Labor Relations Act (ALRA) incurred by San Clemente Ranch, Ltd. (San Clemente or employe...
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29 Cal.3d 893 (1981) 633 P.2d 203 176 Cal. Rptr. 539 HARRIET KLARFELD, Plaintiff and Appellant, v. EVERETT E. BERG, Defendant and Respondent. Docket No. L.A. 31376. Supreme Court of California. September 10, 1981. *895 COUNSEL Hadassa K. Gilbert and S. Myron Klarfeld for Plaintiff and Appellant. J. Gregg Evans and Robert T. Moulton for Defendant and Respondent. OPINION MOSK, J. The City of Los An...
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The majority find that appellant did not assert his own Fourth Amendment right, but merely urged his mother to assert her right. (Maj. opn. at p. 909, ante.) To bolster this conclusion, they stress the fact that the house which the officers sought to search belonged to appellant’s mother. (Ibid.) The majority thereby imply that appellant had only a tangential interest in the house. In fact, appell...
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Opinion In a third party action for personal injuries, is a workers’ compensation insurance carrier entitled to obtain from the defendant reimbursement for the full amount paid to the plaintiff-employee in settlement of the employee’s workers’ compensation claim, absent proof that the defendant’s tort liability is equal to or greater than the amount of the settlement? We will conclude that a defe...
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