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All Reporters → cal-3d → Volume 3

Opinions in cal-3d Volume 3

Opinion Petitioners were charged by information in San Bernardino County with possessing marijuana and maintaining a place for narcotics use (Health & Saf. Code, §§ 11530, 11557). They pleaded not *4guilty and moved under Penal Code section 1538.5 to suppress the evidence, consisting of marijuana, on the ground that it was obtained as the product of an unlawful search. After an evidentiary hearin...
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Opinion This case raises the basic issue of whether a juvenile court may refuse to consider specific facts supporting the release of a juvenile prior to a jurisdictional hearing and, instead, establish a rule that all juveniles accused of a specified type of offense should automatically be detained. We give the reasons why we have concluded that the Juvenile Court Law protects the minor’s...
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Opinion In 1966 plaintiff Rose Phillipson obtained an interlocutory decree of divorce from her husband, Nicholas Phillipson, which decree awarded her, among other property, the funds accrued to Nicholas’s retirement account during his employment by the state. Defendant Board of Administration of the Public Employees’ Retirement System refused to pay over the sum credited to Nicholas’s account, an...
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Opinion Petitioners seek a writ of mandate requiring respondent court to order a reporter’s transcript of evidence and proceedings prepared at county expense for their use in appealing their convictions of loitering near a school where children normally congregate, a misdemeanor. (Pen. Code, § 653g.) Facts'. Petitioners were prosecuted in respondent court for allegedly participating in a “street-p...
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3 Cal.3d 62 (1970) 473 P.2d 748 89 Cal. Rptr. 44 THE PEOPLE Plaintiff and Respondent, v. WILLIAM TIDWELL, Defendant and Appellant. Docket No. Crim. 12057. Supreme Court of California. In Bank. August 28, 1970. *64 COUNSEL Peter Heintz, under appointment by the Supreme Court, for Defendant and Appellant. Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, Edsel W. Haws a...
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3 Cal.3d 82 (1970) 473 P.2d 762 89 Cal. Rptr. 58 THE PEOPLE, Plaintiff and Respondent, v. ROBERT WAYNE TIDWELL, Defendant and Appellant. Docket No. Crim. 12201. Supreme Court of California. In Bank. August 28, 1970. *85 COUNSEL William H. Lally, under appointment by the Supreme Court, for Defendant and Appellant. Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, Edsel...
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Opinion Defendant was convicted of possession of marijuana in violation of section 11530 of the Health and Safety Code. He admitted an eight-year-old prior conviction of possession of marijuana. Section 11530 provides no minimum term in the absence of a prior, but imposes manda *91 tory minimum terms of two and five years for convictions with one and two or more priors, respe...
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Opinion We treat this case as a companion to People v. Tenorio, ante, p. 89 [89 Cal.Rptr. 249, 473 P.2d 993], Defendant was charged, inter alia, with unlawful possession of a narcotic, to wit, Percodan, in violation of Health and Safety Code section 11500. He pleaded guilty, and admitted two prior convictions of narcotics offenses. After spending two years in th...
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3 Cal.3d 100 (1970) 473 P.2d 999 89 Cal. Rptr. 255 In re SIMEON ANTAZO on Habeas Corpus. Docket No. Crim. 13857. Supreme Court of California. In Bank. September 3, 1970. *103 COUNSEL Sheldon Portman, Public Defender, for Petitioner. Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, and John T. Murphy, Deputy Attorney General, for Respondent. OPINION SULLIVAN, A...
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Opinion Petitioners brought an action to contest an election held in the City of Alviso in January of 1968 to determine whether that city should consolidate with the City of San Jose. The petitioners alleged that they were electors of Alviso, that consolidation carried only because of illegal votes, that respondents offered valuable consideration to induce Alvisans to vote in favor of consolidati...
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Opinion Petitioners appeal from a judgment discharging an alternate writ of mandate and denying a peremptory writ of mandate in an action wherein petitioners sought to compel respondent Personnel Commission of the Pajaro Valley Unified School District (“Commission”) to annul, vacate and set aside its judgment of May 11, 1967, dismissing petitioner Virginia Keidel, formerly a bus driver em...
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Opinion Upon his conviction for indecent exposure and battery, petitioner Raymond Vega Lopez was found to be a sexual psychopath (mentally disordered sex offender) and was ordered committed for an indeterminate period to the Department of Mental Hygiene for placement in an institutional unit for the care and treatment of such persons, designated by the court, located in a facility of the ...
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Opinion Richard Randolph Nichols was charged by indictment with two counts of murder (Pen. Code, § 187), one count of burglary (Pen. Code, § 459), and one count of arson of a dwelling house (Pen. Code, § 447a). There being no evidence of premeditation, the People sought to establish that the offense was murder in the first degree on the theory that the deaths occurred during the perpetration of...
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Opinion Petitioners seek a writ of mandate to compel the Superior Court of Los Angeles County to grant their motion pursuant to section 1538.5 of the Penal Code to suppress testimony as “fruit” of an illegal search. At the hearing on petitioners’ motion, the People and petitioners stipulated to the following facts: “That a gun was recovered pursuant to a search warrant in October 1967, that the s...
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OPINION Defendant Twentieth Century-Fox Film Corporation appeals from a summary judgment granting to plaintiff the recovery of agreed compensation under a written contract for her services as an actress in a motion picture. As will appear, we have concluded that the trial court correctly ruled in plaintiff’s favor and that the judgment should be affirmed. Plaintiff is well known as a...
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Opinion Petitioner, John Alexander Smith, is presently incarcerated at San Quentin under sentence imposed in 1967 after he was convicted of two counts of kidnaping (Pen. Code, § 207), one count of rape (Pen. Code, § 261, subd. 3), and one count of attempted kidnaping (Pen. Code, §§ 207 and 664). We issued an order to show cause in response to his petition in propria persona for a writ of habeas...
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*209 Opinion Theodore William Cox petitions for a writ of habeas corpus. Petitioner was arrested at the Northgate Shopping Center in San Rafael and charged with violation of section 8.12.210 of the San Rafael Municipal Code, for remaining upon “business premises after being notified by the person in charge thereof to remove therefrom.” The primary issue raised by petitioner ...
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Opinion On February 7, 1967, after a nonjury trial, petitioner Clennon Washington King was convicted of failure to support his children in violation of Penal Code section 270. 1 Based on petitioner’s absence from the state for 30 days, the offense was adjudged a felony. In this habeas corpus proceeding, petitioner attacks the constitutionality of the felony provision of section 210 2 ...
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*243 Opinion In this mandate proceeding, the City of Santa Clara seeks to compel respondent city manager to issue notices of sale for the sale and issuance of $6,800,000 of revenue bonds. The facts are not controverted. Petitioner is a municipal corporation and a charter city of this state. Respondent is its city manager. On September 3, 1968, petitioner’s city council adopt...
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Opinion This matter has been in litigation since 1962. In that year representative actions were brought, Sanders, et al., on behalf of employees, other than firemen or policemen, of the City of Los Angeles and, Forbes, et al., on behalf of firemen and policemen, against the city and certain of its departments for a declaratory judgment and writ of mandate. 1 Substantially ident...
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Opinion By this petition for a writ of mandate, petitioner sought to compel respondent Hamm, as Registrar of Voters, to refrain from conducting the June 2, 1970, election or any election during 1970 to fill a vacancy in Office No. 3 of the Superior Court of Ventura County. We declined to prohibit the election but issued an alternative writ directing that the results of the June election not be ...
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Opinion We are called upon to determine whether an appeal from an order of the probate court made in a conservatorship proceeding 1 automatically stays the operation and effect of the order appealed from. 2 We have concluded that it does and that respondent court is without power to enforce the order by proceedings for contempt. We order issuance of a writ of prohibition. Petitioner Rubin...
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I dissent. I would deny the writ for the reasons expressed by Mr. Presiding Justice '.Devine in the opinion prepared by him for the Court of Appeal, First Appellate District, Division Four {In re Wallace, 1 Crim. 8301, filed February 18, 1970, certified for nonpublication)....
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Opinion Plaintiffs Max and Harry Holtz seek a writ of mandate to compel the Superior Court of the City and County of San Francisco to reinstate certain allegations stricken from their complaint upon motion of defendants San Francisco Bay Area Rapid Transit District (BART) and the City and County of San Francisco. Plaintiffs own improved real property fronting on Market Street in San Franc...
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Opinion Petitioner seeks review of the appeals board’s decision upon reconsideration in which the board held, contrary to the finding of the referee, that petitioner did not sustain an industrial injury. We have concluded that, since the board’s decision lacks the support of substantial evidence, it cannot stand. On the date of the alleged injury, January 5, 1969, petitioner was employed as a...
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Opinion Petitioner seeks review of the appeals board’s opinion and order denying reconsideration of the referee’s findings and award which disallowed petitioner’s claim for compensation benefits for permanent disability. We have concluded that petitioner’s application for benefits was timely filed and that the board’s decision should be annulled. Petitioner testified that on June 5, 1967, she...
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Opinion Petitioner seeks review of a decision of the Workmen’s Compensation Appeals Board (hereinafter board), after reconsideration, in which the board decided that petitioner should receive further medical treatment for his injuries but not compensation for temporary disability. The board refused such compensation on the sole ground that the petition to reopen did not specifically request it. 1...
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*337Opinion Defendant (hereinafter referred to as “the department”) appeals from a judgment of the Superior Court of Los Angeles County granting a writ of mandate directing it to set aside an order suspending the driving privilege of plaintiff (hereinafter referred to as “petitioner”) for a period of one year. (Veh. Code, § 13352, subd. (c).) October 27, 1966, and February 26, 1968, petitioner ple...
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Opinion Defendant (hereinafter referred to as “the department”) appeals from a judgment of the Superior Court of Los Angeles County granting a writ of mandate directing it to set aside an order revoking the driving privilege of plaintiff (hereinafter referred to as “petitioner”) for a period of three years (Veh. Code, § 13352, subd. (e)). December 9, 1957, January 20, 1960, and November 3, 1967, p...
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Opinion This is a proceeding to review a decision of the State Bar Disciplinary Board publicly reproving petitioner. (Bus. & Prof. Code, § 6083, subd. (b); rule 59(b), California Rules of Court.) The reproval is based on petitioner’s knowing disregard of his responsibilities as a fiduciary in handling escrow funds. On or about September 11, 1964, petitioner was requested by Orange Co...
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Opinion This is an action for damages for personal injuries arising out of an accident on a construction site. The complaint alleged that plaintiff was employed to install lathing on the premises in question; that defendant Jerry Witt & Sons was a subcontractor performing labor on the same premises; and that defendant negligently allowed an obstruction to be placed in the area where plain...
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3 Cal.3d 372 (1970) 475 P.2d 656 90 Cal. Rptr. 424 THEODORE E. PLACE, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, INTERIOR CONSTRUCTION SYSTEMS et al., Respondents. Docket No. L.A. 29757. Supreme Court of California. In Bank. October 29, 1970. *374 COUNSEL Sheldon Pinchuk and Robert D. Wilner for Petitioner. Rupert A. Pedrin, Nathan Mudge, Sheldon M. Ziff, Lionel K. Hvolboll, Mansell &am...
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Opinion This is a proceeding to review a recommendation of the State Bar of California that petitioner be suspended from the practice of law for a period of five years on conditions of probation, including actual suspension for the first six months, restitution within the first two years to one client of $4,097.05 with interest, accounting for all client's funds handled, and compliance with spe...
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Opknecm Plaintiffs appeal from a judgment in defendant’s favor in an action for damages for breach of a covenant not to compete. We have concluded that defendant did not breach the covenant, at least to the extent it is legally enforceable, and that the trial court’s judgment should Plaintiffs and defendants were partners in an accounting firm transacting business from offices in Pas...
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Opinion By this petition for a writ of mandate, petitioners (hereinafter referred to as “the insurers”) seek to compel respondent court to set aside an order vacating an appraisal award. The matter is before us on an alternative writ issued by the Court of Appeal. Real party in interest (hereinafter referred to as “the insured”) is the owner of a hotel building, which has a fair market value,...
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Opinion Troy Johnson petitions for a writ of habeas corpus. He asserts the invalidity of his two concurrent 10-year minimum sentences, imposed in 1965 upon his conviction of two counts of selling marijuana with two priors. (Health & Saf. Code, § 11531.) Petitioner was convicted in 1950 of a violation of the federal offense of acquiring marijuana without having paid the federal Mariju...
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*423 Opinion Glenn Allan Reilly was charged with the murder of Wanda Lee Orr. The trial court, sitting without a jury, found him guilty of voluntary manslaughter, after the cause was submitted on the preliminary hearing transcript and the evidence received during a partial jury trial. Defendant appeals, contending that the evidence is insufficient to support the finding that he killed Mrs. Or...
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3 Cal.3d 427 (1970) 476 P.2d 105 90 Cal. Rptr. 737 JOSEPH HUNTER BROWN, Petitioner, v. THE SUPERIOR COURT OF SAN BERNARDINO COUNTY, Respondent; MICHAEL O. SULLIVAN et al., Real Parties in Interest. Docket No. L.A. 29775. Supreme Court of California. In Bank. November 6, 1970. *429 COUNSEL Sprague & Milligan and Wallace B. Farrell for Petitioner. No appearance for Respondent. T. Groezinger, Loton ...
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*440Opinion In this case, involving the interpretation of an errors and omissions indemnity insurance policy, a hearing was granted by this court after decision by the Court of Appeal, First Appellate District, for the purpose of giving further study to the problems presented. After such study we have concluded that the opinion of the Court of Appeal, prepared by Presiding Justice Molinari, corre...
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3 Cal. 3d 462 (1970) 476 P.2d 423 91 Cal. Rptr. 23 CITY OF LONG BEACH, Petitioner, v. JOHN R. MANSELL, as City Manager, etc., et al., Respondents; THE STATE OF CALIFORNIA et al., Real Parties in Interest. Docket No. L.A. 29700. Supreme Court of California. In Bank. November 9, 1970. *466 COUNSEL Leonard Putnam, City Attorney, and Kenneth K. Williams, Deputy City Attorney, for Petitioner. Keatinge...
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3 Cal.3d 507 (1970) 476 P.2d 97 90 Cal. Rptr. 729 JOHN SCHWEIGER, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; JOHN B. BONDS, Real Party in Interest. Docket No. S.F. 22754. Supreme Court of California. In Bank. November 10, 1970. *509 COUNSEL Thomas L. Fike, Robert Goldstein, Allan David Heskin, Henry Hewitt and Myron Moskovitz for Petitioner. Terry J. Hatter, Jr., Paul F. Coh...
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3 Cal. 3d 520 (1970) 476 P.2d 110 90 Cal. Rptr. 742 In re JAMES RODGER HANNIE on Habeas Corpus. Docket No. Crim. 14515. Supreme Court of California. In Bank. November 10, 1970. *522 COUNSEL Marshall Miles for Petitioner. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and William R. Pounders, Deputy Attorney General, for Respondent. OPINION BURKE, J. In 1961 James...
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3 Cal.3d 529 (1970) 476 P.2d 457 91 Cal. Rptr. 57 THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; KENNETH L. KARST et al., Real Parties in Interest. Docket No. L.A. 29731. Supreme Court of California. In Bank. November 12, 1970. *532 COUNSEL Thomas J. Cunningham, Donald L. Reidhaar, Warren S. Levin and William H. McKenzie for Petit...
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3 Cal. 3d 544 (1970) 476 P.2d 401 91 Cal. Rptr. 1 DONALD A. DOWELL, Plaintiff and Respondent, v. BEECH ACCEPTANCE CORPORATION, INC., et al., Defendants and Appellants. Docket No. L.A. 29751. Supreme Court of California. In Bank. November 16, 1970. *546 COUNSEL Belcher, Henzie & Biegenzahn and David Bernard for Defendants and Appellants. E. Charles Forde and William D. Moore for Plaintiff and ...
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3 Cal. 3d 553 (1970) 476 P.2d 825 91 Cal. Rptr. 153 ROBERT V. HOGAN, Plaintiff and Respondent, v. MIDLAND NATIONAL INSURANCE COMPANY, Defendant and Appellant. Docket No. S.F. 22729. Supreme Court of California. In Bank. November 25, 1970. *556 COUNSEL Carroll, Davis, Burdick & McDonough and J.D. Burdick for Defendant and Appellant. Mayall, Hurley, Knutsen & Smith, Mayall, Hurley, Knutsen,...
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Opinion Appellant, plaintiff in the trial court, has appealed from an adverse judgment based on a jury verdict in a personal injury action. The only substantial question is the propriety of instructions given by the trial court on the guest-passenger relationship. We have concluded that the instructions challenged were erroneous, were prejudicial, and require a reversal. Carey Bozanich and Terence...
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*575Opinion The controlling issue in this action by plaintiff insurance com-any is whether its complaint against the state for money paid out on a labor and material bond furnished on a public works contract states a cause of action when it fails to recite that statutory stop notices or verified claims were filed. The trial court sustained a general demurrer to the complaint with leave to amend. ...
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I dissent. While reserving my views on the soundness of the holding in People v. Washington (1965) 62 Cal.2d 777 [44 Cal.Rptr. 442, 402 P.2d 130], I agree with Justice Peters that the factual distinction upon which the majority opinion in the present case is based is without legal significance. In every robbery in which the criminal aims a gun at his victim as he *593demands his money or property,...
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Opinion We undertake here to confirm the legality of the plea bargain and to set up procedures for its acceptance or rejection in the strong light of full disclosure. In a day when courts strive to simplify trial procedures and to achieve speedier dispatch of litigation, we believe that the recognition of the legal status of the plea bargain will serve as a salutary time-saver as well as ...
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Opinion Defendant was charged by indictment with three counts of murder and with a prior felony conviction. Trial was by the court. The prior (conviction of possession of morphine sulphate (Health & Saf. Code, § 11500) and service of a term therefor in a state prison) was found to be true. Defendant was found guilty on each count of murder in the first degree—murder by poison and willful,...
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3 Cal.3d 646 (1970) 477 P.2d 742 91 Cal. Rptr. 510 Conservatorship of the Person and Estate of GEORGE K. HARVEY. PEARL W. McCORD, as Conservator, etc., Petitioner and Respondent, v. BALDO M. KRISTOVICH, as Public Administrator, etc., Objector and Appellant. Docket No. L.A. 29754. Supreme Court of California. In Bank. December 16, 1970. *648 COUNSEL John D. Maharg, County Counsel, and Wilcox R. St...
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Opinion Petitioner was appointed the conservator of the estate and person of George K. Harvey. Pursuant to a petition for instructions, the probate court issued an order on September 16, 1968, authorizing her to employ an attorney to travel to Scotland to locate possible heirs of Harvey and *649to pay the attorney’s travel expenses up to a stated sum and a fee for his services. Harvey died while t...
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Opinion This appeal from a judgment denying preliminary and permanent injunctions entered in the Superior Court of San Bernardino County presents a constitutional question of first impression in this state: May the owners of a privately owned shopping center deny all use of their premises to persons who desire, on those premises, to engage in First Amendment activities unrelated to the business o...
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Opinion Defendants appeal from a judgment in favor of plaintiff in an action to impose a constructive trust on certain stock. Facts: Kenneth B. Cannon (hereinafter referred to as “decedent”) owned a business which he desired to expand. January 18, 1950, he executed a letter agreement with defendant Quincy Cass Associates, a California corporation (hereinafter referred to as “Q...
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OPINION Petitioner Sid Mannheim seeks a writ of mandate to compel the probate court to enter a supplemental order distributing to his clients 1 the unallocated portion of the estate of Janet Nieto, pursuant to section 228, as amended, of the Probate Code. 2 Janet Nieto died intestate in Los Angeles on March 19, 1968. Her estate is being administered by the public a...
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Opinion On February 20, 1968, petitioner was convicted, upon his plea of guilty, of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)). On March 27, 1968, he moved to withdraw his guilty plea; the trial court denied this motion, denied probation and sentenced petitioner to state prison. We issued an order to show cause upon petitioner’s allegations (1)...
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Opinion Petitioner was convicted by a jury in 1964 of selling heroin. (Health & Saf. Code, § 11501.) The information also alleged that he had suffered a 1953 felony conviction for possession of marijuana. 1 (Health & Saf. Code, § 11530.) At the time of arraignment for plea, petitioner pleaded not guilty to the substantive offense, but admitted the prior felony conviction. The c...
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Opinion Petitioner, a 17-year-old minor charged with murder and three assaults with intent to commit murder, was certified to the superior court for trial as a person not amenable to the care and treatment available through the juvenile court. The stated reason given by the juvenile court judge for certifying petitioner for trial as an adult was that the Youth Authority’s power to detain ...
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*719 Opinion Petitioner, a 16-year-old minor charged with several serious offenses, was certified to the superior court for trial as a person not amenable to the care and treatment available through the juvenile court. As in In re Jimmy H., ante, p. 709 [91 Cal.Rptr. 600, 478 P.2d 32], the stated reason given by the juvenile court judge for certifying petitioner for trial as an adult was th...
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3 Cal.3d 720 (1970) 478 P.2d 1 91 Cal. Rptr. 569 DAVID MICHAEL HORACK, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. L.A. 29767. Supreme Court of California. In Bank. December 28, 1970. *722 COUNSEL Herbert M. Porter for Petitioner. Cecil Hicks, District Attorney, Michael R. Capizzi and Oretta D. Sears, Deputy District Attorneys, fo...
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3 Cal.3d 734 (1970) 478 P.2d 10 91 Cal. Rptr. 578 GUY JONES, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. L.A. 29770. Supreme Court of California. In Bank. December 28, 1970. *736 COUNSEL Richard S. Buckley, Public Defender, James L. McCormick, Keith Johns, G. Keith Wisot and Harold E. Shabo, Deputy Public Defenders, for Petit...
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Opinion Plaintiff Safeway Stores, Inc. (Safeway) recovered judgment for a refund of a portion of the franchise taxes paid to the State of California for the income years 1947 through 1950, and defendant Franchise Tax Board 1 appeals. As will appear, we have concluded that the trial court *748 erred in its view that certain dividends paid to Safeway by its subsidiar...
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Opinion Plaintiffs Mrs. Ethel Haft and her daughter Roberta Haft appeal from a defense judgment, entered upon a jury verdict, in this wrongful death action, brought in connection with the drowning deaths of Mr. Morris M. Haft and Mark Haft, father and son, in defendants’ 1 motel pool. Plaintiffs raise numerous contentions challenging the trial court’s (1) refusal to take severa...
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Opinion For the reasons explained herein, we conclude that the judgment for plaintiff in this medical malpractice action should be affirmed. The trial court properly followed the doctrine of res ipsa loquitur in instructing the jury that it could infer negligence from the happening of the accident alone, if it found from the testimony of physicians called as expert witnesses, common knowl...
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*800 Opinion In this case we discuss the extent to which juveniles in delinquency proceedings are entitled to the benefit of pretrial discovery. We have concluded that the juvenile courts have the inherent and discretionary power to permit pretrial discovery upon a showing of good cause, that in the instant case the court exceeded its discretion in denying petitioner inspection o...
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3 Cal.3d 807 (1970) 478 P.2d 449 91 Cal. Rptr. 729 THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF YOLO COUNTY, Respondent; MARTELL DEAN KIEFER et al., Real Parties in Interest. Docket No. Sac. 7859. Supreme Court of California. In Bank. December 31, 1970. *811 COUNSEL Thomas C. Lynch, Attorney General, Edsel W. Haws and Elliott D. McCarty, Deputy Attorneys General, for Petitioner. No appearance...
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Opinion While working as a secretary on July 22, 1966, petitioner sustained injuries to her back. She received temporary disability through February 12, 1967, and on April 22, 1968, she received an award of 12k4 percent permanent disability. Neither party sought reconsideration. On July 1, 1968, she petitioned to reopen the matter on the grounds that her condition had worsened and that she was in...
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Opinion The question confronting us here is whether a defendant in a civil action may file a cross-complaint therein seeking a declaratory judgment that the action is being maliciously prosecuted, We have concluded that precedent, principle, practicality and policy forbid such a cross-complaint, which entails the risk of discouraging legitimate claimants and, at least in the instant case...
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Opinion Defendant Herman Ray Williams and his codefendant Larry Edward Bailey were charged by information with the crime of armed *855robbery (Pen. Code, § 211). A jury found them guilty as charged. Williams alone appeals from the judgment of conviction entered on the verdict. At about 11 p.m., on April 28, 1969, two men entered the Hancock service station on Franklin Boulevard in Sacramento. Rich...
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3 Cal.3d 861 (1971) 479 P.2d 353 92 Cal. Rptr. 153 ANN KESSINGER PARR, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE MONTEREY-CARMEL JUDICIAL DISTRICT OF MONTEREY COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent. Docket No. S.F. 22748. Supreme Court of California. In Bank. January 18, 1971. *862 COUNSEL Paul N. Halvonik, Francis Heisler, Herbert A. Sch...
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OPINION In this action for damages for breach of a lease, plaintiff and cross-defendant Foreman & Clark Corporation (hereafter plaintiff) and defendants and cross-complainants Madeleine Fallon, Floyd H. Norris and Martha B. Norris (hereafter defendants) separately appeal from a judgment entered after a nonjury trial awarding plaintiff certain amounts as damages and denying defendants all ...
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The Commission on Judicial Qualifications reviewed the report of the special masters appointed pursuant to rule 907 of California Rules of Court, objections thereto filed on behalf of Judge Glickfeld, and the record of the evidentiary hearing before the special masters at which it was established that Judge Glickfeld, during a conversation in his chambers concerning the disposition of criminal ch...
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Opinion The principal question raised by this appeal is whether a violation of Penal Code section 245, subdivision (a) (assault with a *896 deadly weapon) is a crime requiring proof of general or specific intent. In holding that only a general criminal intent must be demonstrated, we hopefully eliminate the confusion on this issue which has developed throughout the courts of this state. Def...
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Opinion This is a proceeding to review a recommendation of the State Bar that David C. Tardiff be disbarred. Petitioner does not challenge the findings of the State Bar Disciplinary Board but contends only that the discipline imposed is too severe. Petitioner was admitted to practice in 1963; there have been no prior disciplinary proceedings against him. Upon graduation from law school, he wa...
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Opinion Plaintiff appeals from an order dismissing an action for want of prosecution. Facts: By a complaint filed in February 1966, plaintiff sued for breach of contract and defamation. Defendants’ pleadings and discovery proceeded until December 1966. Plaintiff’s discovery proceeded until September 1967. Other than an abortive settlement conference, there was then a 17-month period of inac...
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3 Cal.3d 914 (1971) 479 P.2d 648 92 Cal. Rptr. 288 JAMES A. GIBSON, a Minor, etc., Plaintiff and Appellant, v. ROBERT GIBSON, Defendant and Respondent. Docket No. Sac. 7868. Supreme Court of California. In Bank. January 25, 1971. *915 COUNSEL Friedman & Collard, John M. Poswall and Morton L. Friedman for Plaintiff and Appellant. Rust, Hoffman & Mills and Ellis J. Horvitz for Defendant and...
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*927 Opinion Harry Alkow was charged in six counts with the violation of his oath and duties as an attorney at law (Bus. & Prof. Code, §§ 6103, 6067, 6068), and the commission of acts involving moral turpitude, dishonesty, and corruption (Bus. & Prof. Code, § 6106). After a hearing, which Alkow failed to attend, the local administrative committee found him guilty as charged on fi...
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Opinion In this action for mandamus we are called upon to determine the interpretation and constitutionality of Education Code section 1009.5, which provides that “no governing board of a school district shall require any student or pupil to be transported for any purpose or for any reason without the written permission of the parent or guardian.” We hold that section 1009.5 does no more than pro...
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Opinion In this case we are called upon to determine whether an adult child of a recipient of aid to the aged under the Old Age Security Law (Welf. & Inst. Code, div. 9, pt. 1, ch. 3, § 12000 et seq.) 1 may constitutionally be required to reimburse the state. Plaintiff County of San Mateo (County) brought this action pursuant to sections 12100 and 12101 to collect from def...
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Opinion Defendant appeals from a judgment in favor of plaintiff an action to recover under a group life insurance policy. Facts: Plaintiff is the widow of Roland Amberg. From 1959 to January 29, 1964, Amberg owned 50 percent of the stock of Roland Oldsmobile (later renamed Jim Kresl Oldsmobile) and was its president. On January 29, 1964, Amberg sold his stock to his partner, J...
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Opinion Defendant was convicted, in a trial to the court, of the crime of furnishing marijuana to a minor. (Health & Saf. Code, § 11532.) We reversed the judgment on federal constitutional grounds hereinafter discussed. (People v. Green (1969) 70 Cal.2d 654 [75 Cal.Rptr. 782, 451 P.2d 422].) The People’s petition for certiorari was granted, and the United States Supr...
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3 Cal.3d 992 (1971) 479 P.2d 664 92 Cal. Rptr. 304 THE PEOPLE, Plaintiff and Appellant, v. JOY HALL et al., Defendants and Respondents. Docket No. Crim. 14307. Supreme Court of California. In Bank. January 29, 1971. *994 COUNSEL Thomas C. Lynch, Attorney General, Nelson P. Kempsky and A. Wells Petersen, Deputy Attorneys General, for Plaintiff and Appellant. Colley & McGhee and Milton L. McGhe...
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Opinion — Defendants, Joy Hall and Vernon White, were jointly charged by information with one count of possession for sale of heroin, and Miss Hall was additionally charged with one count of sale of heroin (Health & Saf. Code, §§ 11500.5, 11501). At the preliminary hearing defendants’ motion to dismiss was denied and they were held to answer. They moved in the superior court to set aside the info...
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