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All Reporters → cal-3d → Volume 37

Opinions in cal-3d Volume 37

37 Cal. 3d 1 (1984) 686 P.2d 1177 206 Cal. Rptr. 373 RICHARD G. ALBERTON, Petitioner, v. THE STATE BAR OF CALIFORNIA, Respondent. Docket No. S.F. 24703. Supreme Court of California. September 20, 1984. *5 COUNSEL Richard G. Alberton, in pro. per., and Peter diDonato for Petitioner. Herbert M. Rosenthal, Truitt A. Richey, Jr., and Richard J. Zanassi for Respondent. OPINION THE COURT. The Review De...
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*20 Opinion This is a proceeding to review the recommendation of the State Bar that petitioner, Mitchell Barry Smith, be suspended from the practice of law for four years, that execution of the suspension be stayed, and that he be placed on probation for four years. The recommended conditions of probation include actual suspension for one year and compliance with rule 955, California Rules of...
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Opinion On petition of Judge Marion E. Gubler of the Municipal Court for the Burbank Judicial District of Los Angeles County, we review a recommendation of the Commission on Judicial Performance that he be publicly censured for “wilful misconduct in office” and “conduct prejudicial to the administration of justice that brings the judicial office into disrepute.” (hereinafter wilful misconduct and ...
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37 Cal.3d 65 (1984) 688 P.2d 918 207 Cal. Rptr. 309 In re BABY GIRL M. SAN DIEGO COUNTY DEPARTMENT OF SOCIAL SERVICES, Plaintiff and Respondent, v. EDWARD M., Defendant and Appellant. Docket No. L.A. 31786. Supreme Court of California. October 22, 1984. *67 COUNSEL Joseph D'Addario, under appointment by the Court of Appeal, for Defendant and Appellant. Lloyd M. Harmon, Jr., and Donald L. Clark, C...
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Opinion We are asked to determine whether the trial court erred in terminating a natural father’s parental rights by considering only *68the best interests of the child without first considering whether an award of custody to him would be detrimental to the child. We conclude Civil Code section 46001 is applicable to all section 7017, subdivision (d) termination proceedings and reverse the judgmen...
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Opinion Defendant was convicted of the wilful, deliberate and premeditated first degree murders of Cheryl G. and Adele C. (Pen. Code, §§ 187, 189.)1 As special circumstances the jury found that the murder of Cheryl was committed during the commission or attempted commission of rape (§ 261, subd. (2)) and of lewd or lascivious conduct on a child under the age of 14 (§ 288); that the murder of Adel...
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37 Cal.3d 97 (1984) 688 P.2d 894 207 Cal. Rptr. 285 JEROME J. NASH, Plaintiff and Respondent, v. CITY OF SANTA MONICA et al., Defendants and Appellants. Docket No. L.A. 31798. Supreme Court of California. October 25, 1984. *99 COUNSEL Robert M. Myers, City Attorney, Stephen S. Stark, Assistant City Attorney, Karl M. Manheim and Susan L. Carroll, Deputy City Attorneys, Michael Heumann, Stephen P. ...
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Opinion We review a recommendation of the Review Department of the State Bar Court that Robert A. Tarver, petitioner, be disbarred from the practice of law in the State of California. In three separate instances, petitioner was found, inter alia, to have commingled and misappropriated client funds, signed a settlement draft and release without authorization, and charged an unconscionable ...
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37 Cal.3d 136 (1984) 689 P.2d 430 207 Cal. Rptr. 800 THE PEOPLE, Plaintiff and Respondent, v. MARCELINO RAMOS, Defendant and Appellant. Docket No. Crim. 21352. Supreme Court of California. November 1, 1984. *141 COUNSEL Alan M. Caplan, under appointment by the Supreme Court, Bushnell, Caplan, Fielding & Rudy, Quin Denvir, State Public Defender, Ezra *142 Hendon, Alice V. Collins and Diane M. ...
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Opinion This court reviews and adopts a recommendation of the State Bar that petitioner Regis Michael Possino be disbarred following his conviction of a crime involving moral turpitude. (Bus. & Prof. Code, §§ 6101, 6102; Cal. Rules of Court, rule 951.) 1 Petitioner was admitted to practice in 1972. He was privately reproved in 1976 for wrongfully causing an employee to make a...
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Opinion In our recent decision in American Bank & Trust Co. v. Community Hospital (1984) 36 Cal.3d 359 [204 Cal.Rptr. 671, 683 P.2d 670], *177we reviewed a wide-ranging constitutional challenge to one provision of the Medical Injury Compensation Reform Act of 1975 (MICRA), a section which authorized the periodic payment of damages in medical malpractice actions. (Code Civ. Proc., § 667.7.) We con...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 188 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 189 OPINION Is a surviving putative spouse entitled to succeed to a share of his or her decedent's separate property...
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*190Opinion Is a surviving putative spouse entitled to succeed to a share of his or her decedent’s separate property under the Probate Code? I. On April 22, 1972, William Garvin and Fay Reah Leslie were married in Tijuana, Mexico. The marriage was invalid because it was never recorded as required by Mexican law.1 However, Garvin believed that he and Leslie were validly married. The couple lived t...
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37 Cal. 3d 205 (1984) 689 P.2d 453 207 Cal. Rptr. 823 PATRICIA MacGREGOR, Plaintiff and Respondent, v. UNEMPLOYMENT INSURANCE APPEALS BOARD, Defendant and Appellant; EMPLOYMENT DEVELOPMENT DEPARTMENT et al., Real Parties in Interest and Respondents. Docket No. S.F. 24706. Supreme Court of California. November 8, 1984. *207 COUNSEL George Deukmejian and John K. Van de Kamp, Attorneys General, Char...
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Opinion Following a jury trial the Superior Court of Ventura County entered a judgment convicting Arthur Manuel Avalos of murder in the second degree with use of a firearm, and of two counts of assault with a deadly weapon, both involving use of a firearm and infliction of great bodily injury. The primary issue presented by this appeal is whether the trial court erred when it (1) instructed the ju...
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Opinion Is the Workers’ Compensation Appeals Board precluded by Labor Code section 5811 from awarding printing costs incurred by an em *237 ployee in answering a petition for writ of review summarily denied by an appellate court? I. Petitioner, Arthur E. Johnson, sustained work-related back injuries in 1972 and 1977 while employed as a ramp serviceman for respondent...
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Opinion Petitioners seek a writ of mandate to review a ruling of the Marin County Superior Court denying their motion for summary judgment. Petitioners are codefendants in a suit for libel and related causes of action filed by the Synanon Church (Synanon) and Charles Dederich, its founder. Plaintiffs allege that they were defamed in an article written by David MacDonald, an employee ...
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Opinion Petitioners David and Cathy Mitchell seek a writ of prohibition to prevent the Marin County Superior Court from enforcing a discovery order requiring petitioners to produce documents revealing confidential sources of information. Their petition brings before this court for the first time the question whether in a civil action a newsperson has a privilege to refuse to reveal confid...
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Opinion The San Francisco Foundation seeks a writ of mandate to compel respondent Marin County Superior Court either to order proceedings pertaining to the “Buck trust” transferred to a county outside the San Francisco Bay Area or to request the Chairperson of the Judicial Council to assign a disinterested judge from a neutral county to hear the proceedings. We shall conclude that a writ ...
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37 Cal.3d 302 (1984) 690 P.2d 669 208 Cal. Rptr. 196 THE PEOPLE, Plaintiff and Respondent, v. RICHARD DEAN TURNER, Defendant and Appellant. Docket No. Crim. 21456. Supreme Court of California. November 21, 1984. *308 COUNSEL Fred Baker, under appointment by the Supreme Court, for Defendant and Appellant. John K. Van de Kamp and George Deukmejian, Attorneys General, Robert H. Philibosian and Steve...
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*355 Opinion We address here a contention that is increasingly heard in the courts of California and our sister jurisdictions, i.e., that it may be an abuse of discretion to exclude the testimony of a psychologist who is a qualified expert witness on psychological factors shown by the evidence that may affect the accuracy of an eyewitness identification of the defendant. As will ...
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37 Cal.3d 385 (1984) 690 P.2d 635 208 Cal. Rptr. 162 THE PEOPLE, Plaintiff and Respondent, v. JON MATTHEW GUERRA et al., Defendants and Appellants. Docket No. Crim. 22327. Supreme Court of California. November 21, 1984. *390 COUNSEL Charles V. Weedman, under appointment by the Supreme Court, Michael Ian Garey, Garey & Bonner, Crosby, Garey & Bonner and Thomas F. Crosby, Jr., for Defendant...
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Opinion Defendant Steven Vincent Holt was convicted on one count of first degree murder (Pen. Code, § 187) with the use of a deadly weapon (id., § 12022.5) and one count of robbery (id., § 211) with the use of a deadly weapon (id., § 12022.5). Under the 1978 death penalty law, a special circumstance that the murder occurred while Holt engaged in and was an accomplice in the commission of a robbery...
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37 Cal.3d 465 (1984) 690 P.2d 701 208 Cal. Rptr. 228 PARDEE CONSTRUCTION COMPANY, Plaintiff and Appellant, v. CITY OF CAMARILLO et al., Defendants and Respondents. Docket No. L.A. 31777. Supreme Court of California. December 6, 1984. *466 COUNSEL Sandler & Rosen and Charles L. Birke for Plaintiff and Appellant. Royal M. Sorensen and Colin Lennard, City Attorneys, Burke, Williams & Sorense...
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Opinion Do the special venue provisions of the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12965, subd. (b)) control over the general venue provisions of Code of Civil Procedure section 395, subdivision (a) where both FEHA and non-FEHA causes of action are alleged? I. Petitioners, Andrew Brown, Charles Jones and Sam George, were employed by real parties in interest, C.C. Myers...
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37 Cal.3d 491 (1984) 691 P.2d 989 209 Cal. Rptr. 323 THE PEOPLE, Plaintiff and Appellant, v. WILLIE LEE HILL, Defendant and Respondent. Docket No. Crim. 23648. Supreme Court of California. December 6, 1984. *493 COUNSEL John K. Van de Kamp, Attorney General, Robert R. Granucci, Ann K. Jensen and Maria J. Fonseca, Deputy Attorneys General, for Plaintiff and Appellant. Sheldon Portman, Public Defen...
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37 Cal.3d 502 (1984) 691 P.2d 606 208 Cal. Rptr. 850 WESTERN OIL AND GAS ASSOCIATION et al., Plaintiffs and Respondents, v. AIR RESOURCES BOARD et al., Defendants and Appellants. Docket No. L.A. 31585. Supreme Court of California. December 17, 1984. *506 COUNSEL George Deukmejian, Attorney General, R.H. Connett, Assistant Attorney General, and Joel S. Moskowitz, Deputy Attorney General, for Defen...
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Opinion Section 669 of the Evidence Code sets forth the doctrine commonly called negligence per se. It provides that negligence of a person is *545 presumed if he violated a statute or regulation of a public entity, if the injury resulted from an occurrence that the regulation was designed to prevent, and if the person injured was within the class for whose protection the reg...
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Opinion Does the “going and coming rule” preclude an award of workers’ compensation benefits to an employee who is injured while waiting for his place of employment to open? I. Approximately 7:50 a.m. on June 20, 1980, petitioner, Andrew Leo Price, was injured outside his place of employment. Price had arrived at work at 7:45 a.m. Since no lot was provided for employee parking, Price parked his c...
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Opinion This is an automatic appeal from a judgment imposing a penalty of death under the 1978 death penalty law. (Pen. Code, § 190.1 et seq.; see Pen. Code, § 1239, subd. (b).) 1 Appellant, Joseph Armendariz, was charged with killing Joe Velasquez, the father of his common law wife Alice Velasquez. The prosecution contended that appellant killed Velasquez during the commissi...
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Opinion Petitioners, plaintiffs below, seek a writ of mandate ordering respondent superior court to vacate its order compelling plaintiff Bette Gae Mitchell to answer certain questions propounded to her by defendant real parties in interest at her deposition, which she declined to answer on instructions of counsel. The principal issues presented by this case *595 are whether ...
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Opinion Under California law, a vacancy in the office of a justice of the Supreme Court is filled by appointment of the Governor. Thereafter, at a general election in which the appointee runs unopposed, the voter is asked *614whether the Governor’s appointment should be confirmed. (Cal. Const., art. VI, § 16.) Section 6 of article II (hereinafter section 6) provides, “Judicial, school, county, and...
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37 Cal.3d 644 (1984) 693 P.2d 261 209 Cal. Rptr. 682 ALEXANDRA FISHER et al., Plaintiffs and Appellants, v. CITY OF BERKELEY et al., Defendants and Respondents. Docket No. S.F. 24675. Supreme Court of California. December 27, 1984. *651 COUNSEL James R. Parrinello, John E. Mueller, Christiane T. Riess, Dobbs & Nielsen, Nielsen, Hodgson, Parrinello & Mueller and Peter J. Donnici for Plaint...
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Opinion We granted a hearing in this case to resolve a conflict among the Courts of Appeal regarding the question whether civil liability for personal injuries may be predicated on the sale or furnishing of alcoholic beverages to a minor who is not obviously intoxicated. We conclude that no liability exists in such a case, that the trial court properly sustained defendants’ general demurrer, and ...
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Opinion Defendant Jerry Bigelow was convicted of the first degree murder, robbery, and kidnaping of John Cherry. The jury found that *738Bigelow was armed with and used a firearm during the commission of these crimes. It further found four special circumstances under the 1978 death penalty initiative; (1) intentional murder for financial gain (Pen. Code, § 190.2, subd. (a)(1));1 (2) murder for the...
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OPINION Is a spouse, who has made economic sacrifices to enable the other spouse to obtain a professional education, entitled to any compensation for his or her contribution upon dissolution of the marriage? I. Janet and Mark Sullivan were married in September of 1967. The following year, Mark (respondent) entered medical school at Irvine and Janet (appellant) began her final year of undergraduat...
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37 Cal.3d 772 (1984) 691 P.2d 1026 209 Cal. Rptr. 360 PRESS-ENTERPRISE COMPANY, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; ROBERT RUBANE DIAZ, Real Party in Interest. Docket No. L.A. 31876. Supreme Court of California. December 31, 1984. *773 COUNSEL Thompson & Colegate, James D. Ward and Sharon J. Waters for Petitioner. Edward J. McIntyre, Marilyn L. Huff, John Allcoc...
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37 Cal.3d 784 (1985) 693 P.2d 778 210 Cal. Rptr. 193 THE PEOPLE, Plaintiff and Respondent, v. PHILIP COURTS, Defendant and Appellant. Docket No. Crim. 23590. Supreme Court of California. January 24, 1985. *787 COUNSEL Sharon Quinn, under appointment by the Supreme Court, for Defendant and Appellant. John K. Van de Kamp, Attorney General, Eddie T. Keller, Lisa Lewis Dubois and Janice Rogers Brown,...
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I understand the majority to hold that California’s privilege against self-incrimination is violated unless a juvenile is provided with use immunity for statements he makes to a probation officer or testimony he gives at a fitness hearing. To reach that conclusion, we must necessarily find that a juvenile’s testimony is compelled by the nature of the fitness proceeding. The proceeding combines rel...
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37 Cal.3d 813 (1985) 693 P.2d 796 210 Cal. Rptr. 211 ALBERT BRANDT, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; STANDARD INSURANCE COMPANY, Real Party in Interest. Docket No. L.A. 31859. Supreme Court of California. January 28, 1985. *815 COUNSEL Neil M. Levy, Gordon S. Churchill and Robert J. Kaplan for Petitioner. No appearance for Respondent. Gibson, Dunn & Crutcher,...
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37 Cal.3d 826 (1985) 694 P.2d 736 210 Cal. Rptr. 623 THE PEOPLE, Plaintiff and Respondent, v. HAROLD BINION JACKSON, Defendant and Appellant. Docket No. Crim. 23622. Supreme Court of California. January 28, 1985. *829 COUNSEL Charles M. Sevilla, under appointments by the Court of Appeal and the Supreme Court, Quin Denvir and Frank O. Bell, Jr., State Public Defenders, under appointment by the Cou...
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37 Cal.3d 841 (1985) 694 P.2d 135 210 Cal. Rptr. 450 THE PEOPLE, Plaintiff and Respondent, v. JEFFREY DEAN O'BRYAN, Defendant and Appellant. Docket No. Crim. 23621. Supreme Court of California. January 28, 1985. *842 COUNSEL Quin Denvir and Frank O. Bell, Jr., State Public Defenders, under appointment by the Court of Appeal, and Richard Lennon, Deputy State Public Defender, for Defendant and Appe...
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Opinion Does an accused facing criminal charges arising out of an automobile collision have a “proper interest” under Vehicle Code section 20012 in discovering reports of other accidents at the same location? *850I. Real party in interest, Phyllis Hall, was involved in an automobile accident in which her car collided with another car and five occupants were killed. Ms. Hall was charged with five c...
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Opinion The question in this case is whether the “valuation rollback” provision of article XIII A, section 2, subdivision (a), of the California Constitution, part of the 1978 initiative known as Proposition 13, applies to unit taxation of public utility property. 1 Plaintiff ITT World Communications, Inc. (hereinafter WorldCom) brought this action for a property tax refund for...
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*879Opinion Proposition 8 on the June 1982 California primary election ballot added section 28, subdivision (d) (hereafter section 28(d)), to article I of the California Constitution. That section provides, inter alia: “Except as provided by statute hereafter enacted by a two-thirds vote of the membership in each house of the Legislature, relevant evidence shall not be excluded in any criminal pr...
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*914 Opinion We granted a hearing to determine whether the Court of Appeal had erred in granting the motions of the Agricultural Labor Relations Board (ALRB) and Admiral Packing Company (Admiral) to dismiss the United Farm Workers’ (UFW) petition for review as untimely. On March 2, 1984, the ALRB issued its final decision and order in Admiral Packing Co. (1984) 10...
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37 Cal.3d 920 (1985) 695 P.2d 77 211 Cal. Rptr. 164 FRANK ROA, JR., et al., Plaintiffs and Appellants, v. LODI MEDICAL GROUP, INC., et al., Defendants and Respondents. Docket No. S.F. 24435. Supreme Court of California. February 7, 1985. *922 COUNSEL Miller, Katz, Harlem & Dixon, Robert A. Harlem, Richard L. Katz, Laurence H. Tribe and Arthur E. Schwimmer for Plaintiffs and Appellants. David ...
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