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All Reporters → cal-3d → Volume 38

Opinions in cal-3d Volume 38

Opinion Karahadian Ranches, Inc. (Karahadian) seeks review of a decision of the Agricultural Labor Relations Board (ALRB or board) which *5 determined that it committed a number of unfair labor practices during the spring of 1977. We conclude that the decision should be upheld. Karahadian is an agricultural employer subject to the Agricultural Labor Relations Act (Lab. C...
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Opinion Plaintiffs, the surviving husband and three sons of Ada Crews Mann,1 deceased, appeal from summary judgments in favor of defendants in this wrongful death action and from denial of postjudgment orders. Plaintiffs’ complaint charged the UCLA Medical Center, 54 individual doctors, a radiology technician, the associate director of the hospital, and the hospital’s data processing manager and ...
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Opinion Does section 340.5 of the Code of Civil Procedure permit a minor subjected to professional negligence at the hands of a health *50 care provider a period of at least three years from the date of the wrongful act in which to file his action, regardless of when he reached the age of majority? I. This is an action for legal malpractice. Plaintiff, George Steket...
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I concur with the majority opinion to the extent it affirms defendant’s conviction of murder and burglary. I also concur with the remaining portion of the judgment, setting aside the special circumstances *63finding and reversing the penalty of death, but only under the compulsion of People v. Garcia (1984) 36 Cal.3d 539 [205 Cal.Rptr. 265, 684 P.2d 826], and Carlos v. Superior Court (1983) 35 Cal...
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38 Cal.3d 64 (1985) 695 P.2d 186 211 Cal. Rptr. 99 SOUTHERN CALIFORNIA GAS COMPANY, Petitioner, v. PUBLIC UTILITIES COMMISSION, Respondent. PACIFIC TELEPHONE AND TELEGRAPH COMPANY, Petitioner, v. PUBLIC UTILITIES COMMISSION, Respondent. PACIFIC GAS AND ELECTRIC COMPANY, Petitioner, v. PUBLIC UTILITIES COMMISSION, Respondent. Docket Nos. S.F. 24603, 24605, 24606. Supreme Court of California. Febru...
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I dissent. While I agree with most of the rationale of the majority opinion, I am concerned with the effect of a reversal on the administration of justice. These crimes were committed in early 1978, seven years ago. To require a retrial after this long passage of time casts an unfair burden on the memories of witnesses and on both the prosecution and defense. Since there is no question of the resp...
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38 Cal.3d 100 (1985) 695 P.2d 220 211 Cal. Rptr. 133 HUNTINGTON PARK REDEVELOPMENT AGENCY, Petitioner, v. MICHAEL A. MARTIN, as Secretary, etc., Respondent. Docket No. L.A. 31861. Supreme Court of California. February 28, 1985. *103 COUNSEL Michael B. Montgomery, James Warren Beebe, John G. Perenchio, Kindel & Anderson and Steven P. Rice for Petitioner. Jones, Hall, Hill & White, Robert G...
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Opinion This court must decide whether a plaintiff, in an action against a landowner for criminal acts of third persons on the landowner’s property, may establish foreseeability other than by evidence of prior similar incidents on those premises. I. Plaintiff, Mervyn Isaacs, is an anesthesiologist affiliated with defendant, Huntington Memorial Hospital, a private hospital locate...
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Opinion In this medical malpractice action, both parties appeal from a judgment awarding plaintiff about $1 million in damages. Defendant claims that the trial court committed reversible error during the selection of the jury, in instructions on liability as well as damages, and in failing to order that the bulk of plaintiff’s award be paid periodically rather than in a lump sum. Plaintiff defend...
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Opinion Defendant appeals from a conviction of second degree murder and unlawful administration of methamphetamine. The principal *183 question on appeal is whether the trial court erred in allowing the prosecution to introduce the preliminary hearing testimony of a key witness who was unavailable to testify at the trial. I. On August 15, 1980, a doctor examined Iri...
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*203Opinion Does a county violate Welfare and Institutions Code section 17000 et seq. or the California Constitution when it requires its residents who are single, employable and eligible for general assistance benefits to live in a county facility in lieu of cash benefits? I. Petitioners (plaintiffs) are 20 single, employable residents of the County of Sacramento (County) who are eligible for ge...
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I respectfully dissent. The majority has failed to conform to the fundamental principles applicable to appellate review of a trial court decision to grant or deny relief pursuant to section 473 of the Code of Civil Procedure. (All further references are to this code.) I cannot agree that the trial court abused its discretion in denying plaintiffs’ motion and that it erred as a matter of law. When ...
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Opinion When a summons and complaint are served by mail on a person outside this state within three years of the commencement of an *246 action, must a return receipt be obtained and filed within those three years to satisfy Code of Civil Procedure section 581a? I. This case involves three separate civil actions arising from injuries allegedly caused by in útero exp...
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Opinion This is a proceeding to review a recommendation of the Review Department of the State Bar Court that petitioner be disbarred. The findings underlying the recommendation essentially were that petitioner failed to render his client a full accounting for $89,000 received in settlement of a lawsuit, and that out of the settlement proceeds he commingled and misappropriated almost $6,000 which ...
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Opinion This case presents two issues. First, is a contractor barred from recovering compensation for work performed on remodeling contracts because he entered and performed the contracts in his own name rather than in the name of his licensed sole proprietorship? Second, is an oral home improvement contract for over $500 rendered void and unenforceable because it was not reduced to written form?...
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38 Cal.3d 301 (1985) 696 P.2d 111 211 Cal. Rptr. 719 THE PEOPLE, Plaintiff and Respondent, v. MARIA J. CASTRO, Defendant and Appellant. Docket No. Crim. 23605. Supreme Court of California. March 11, 1985. *304 COUNSEL Richard A. Lieberman, under appointment by the Supreme Court, Howard J. Berman and Berman & Glenn for Defendant and Appellant. *305 Quin Denvir, State Public Defender, and Jonat...
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Opinion This is a proceeding to review the recommendation of the State Bar of California that petitioner, Douglas W. Trousil, be suspended from the practice of law for two years, that execution of the order of suspension be stayed, and that petitioner be placed on probation for two years with conditions including a six-month actual suspension. As discussed below, we conclude that the revi...
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Opinion BROUSSARD, J. The issue in this case is whether one instance of driving under the influence which causes injury to several persons is chargeable as one count of driving under the influence or as several. The pertinent statute is Vehicle Code section 23153, 1 which at the time of the accident in question provided, in relevant part: “(a) It is unlawful for a...
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38 Cal.3d 355 (1985) 696 P.2d 637 212 Cal. Rptr. 143 RICHARD M. RIBAS, Plaintiff and Appellant, v. JOAN CLARK, Defendant and Respondent. Docket No. S.F. 24757. Supreme Court of California. March 18, 1985. *358 COUNSEL John J. Hartford for Plaintiff and Appellant. Gary C. Smith, Smith & Carlquist and Jeffrey J. Sloane for Defendant and Respondent. OPINION MOSK, J. This is an appeal from a judg...
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38 Cal.3d 367 (1985) 696 P.2d 141 211 Cal. Rptr. 748 BRUCE POLLACK, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant. Docket No. L.A. 31912. Supreme Court of California. March 21, 1985. *370 COUNSEL John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, and Beth Lori Faber, Deputy Attorney General, for Defendant and Appellant. William ...
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Opinion MOSK, J. Plaintiffs, a number of organizations and individuals concerned with the condition of developmentally disabled persons, brought this action *388 for declaratory and injunctive relief against defendants, the Department of Developmental Services (DDS), its director (the Director), and another state agency and its secretary, alleging that certain spending di...
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I write separately because the majority fail to set forth any guidelines as to when an attorney may act without the express consent of his or her client. Rather than providing clarity in this troublesome area,1 the majority have introduced uncertainty. Further, the decision to waive the constitutional right to a trial by jury must always rest with the client, not the attorney. I. The allocation of...
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38 Cal.3d 413 (1985) 696 P.2d 656 212 Cal. Rptr. 162 MARCELLA G. ALOY, Plaintiff and Appellant, v. EUGENE A. MASH, Defendant and Respondent. Docket No. S.F. 24639. Supreme Court of California. March 28, 1985. *414 COUNSEL Miles, Sears & Eanni, Richard C. Watters and William J. Seiler for Plaintiff and Appellant. *415 James L. Stevens, Jr., as Amicus Curiae on behalf of Plaintiff and Appellant...
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Opinion I Marcella G. Aloy, plaintiff in a legal malpractice action, appeals from a summary judgment for defendant Eugene A. Mash, her former attorney in a 1971 dissolution action against her husband Richard. Marcella’s claim of legal malpractice is based on defendant’s failure to assert a community property interest in Richard’s vested military retirement pension.1 Marcella employed defendant Mas...
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Opinion Martin Searle died as a result of a self-inflicted gunshot wound to the head. Under the terms of his life insurance policy his beneficiary, Alice M. Searle, was precluded from recovering the full value of the policy if death resulted from “suicide, whether sane or insane.” We address five questions: (1) Should we reconsider the conclusions reached on a prior appeal in this action concerni...
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38 Cal.3d 454 (1985) 698 P.2d 116 213 Cal. Rptr. 213 GEORGE BECKER, Plaintiff and Appellant, v. IRM CORPORATION, Defendant and Respondent. Docket No. S.F. 24618. Supreme Court of California. April 29, 1985. *457 COUNSEL Meyer & Mitchell and Jack P. Dougherty for Plaintiff and Appellant. Leonard Sacks, Edwin Train Caldwell, McNamara, Houston, Dodge, McClure & Ney and Edward Kelly Shinnick ...
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38 Cal.3d 488 (1985) 698 P.2d 159 213 Cal. Rptr. 256 TECH-BILT, INC., Cross-complainant and Appellant, v. WOODWARD-CLYDE & ASSOCIATES, Cross-defendant and Respondent. Docket No. L.A. 31826. Supreme Court of California. May 2, 1985. *491 COUNSEL Gibson & Kennerson and Paul R. Kennerson for Cross-complainant and Appellant. Eric N. Winter as Amicus Curiae on behalf of Cross-complainant and A...
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38 Cal.3d 509 (1985) 698 P.2d 150 213 Cal. Rptr. 247 THE PEOPLE ex rel. DEPARTMENT OF TRANSPORTATION, Plaintiff and Respondent, v. NAEGELE OUTDOOR ADVERTISING COMPANY OF CALIFORNIA, INC., Defendant and Appellant. DESERT OUTDOOR ADVERTISING, INC., Plaintiff and Respondent, v. NAEGELE OUTDOOR ADVERTISING COMPANY OF CALIFORNIA, INC., Defendant and Appellant. Docket No. L.A. 31911. Supreme Court of C...
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Opinion The review department of the State Bar Court has unanimously recommended that petitioner Kenneth W. Smith be suspended from the practice of law for a period of 180 days and that execution of that order be stayed upon certain conditions including 30 days actual suspension and a one-year probation period with restitution and passage of the Professional Responsibility Examination. This cou...
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38 Cal.3d 543 (1985) 698 P.2d 637 213 Cal. Rptr. 569 In re WILLIAM A. MISENER on Habeas Corpus. Docket No. Crim. 23850. Supreme Court of California. May 9, 1985. *544 COUNSEL Wilbur F. Littlefield, Public Defender, Laurence M. Sarnoff, Stuart R. Rappaport, Albert J. Menaster, Deputy Public Defenders, and William A. Misener, Deputy Public Defender, in pro. per., for Petitioner. *545 Robert H. Phil...
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38 Cal.3d 564 (1985) 699 P.2d 835 214 Cal. Rptr. 424 COUNTY SANITATION DISTRICT NO. 2 OF LOS ANGELES COUNTY, Plaintiff and Respondent, v. LOS ANGELES COUNTY EMPLOYEES' ASSOCIATION, LOCAL 660, SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO et al., Defendants and Appellants. Docket No. L.A. 31850. Supreme Court of California. May 13, 1985. *567 COUNSEL Geffner & Satzman, Leo Geffner and Jeffrey...
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Opinion In this proceeding we review and accept the recommendation of the review department of the State Bar that petitioner, Lloyd L. Vaughn, be disbarred for grand theft and other misconduct. 1. Facts Petitioner was admitted to the practice of law in California on June 26, 1970, and has no record of prior discipline. In March 1981, he pleaded nolo contendere and was convicted ...
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38 Cal.3d 621 (1985) 699 P.2d 309 214 Cal. Rptr. 132 DALE WAYNE FOX, Plaintiff and Respondent, v. DORIS V. ALEXIS, as Director, etc., Defendant and Appellant. Docket No. S.F. 24712. Supreme Court of California. May 20, 1985. *623 COUNSEL John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, and Faith J. Geoghegan, Deputy Attorney General, for Defendant and Appellant. ...
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Opinion The truism that a person cannot serve two masters simultaneously finds expression in California’s statutory doctrine that no public official shall be financially interested in any contract made by that person or by any body or board of which he or she is a member.1 Plaintiffs in this taxpayers’ suit challenge the validity of a transaction in which defendant Cebert Properties, Inc., purcha...
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Opinion On February 1, 1985, this court issued an order directing Keith Watson, a certified shorthand reporter, to show cause why he should not be declared not competent to act as an official reporter in any court. The order was issued as a result of Watson’s failure to prepare and deliver to the clerk of the superior court a transcription of his notes of proceedings for the automatic appeal in Pe...
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I concur in the majority’s holding that the trial court erred in denying appellant’s discovery motion. I withhold my approval, however, from that portion of the majority opinion pertaining to the discovery of psychiatric or psychological statements or reports which may be found in officers’ personnel files. (Ante, at pp. 687-689.) Moreover, I dissent from the majority’s apparent holding that appel...
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Opinion Defendant appeals from a judgment of death imposed under the 1977 death penalty law. (Former Pen. Code, §§ 190-190.6, Stats. 1977, *719ch. 316, §§ 4-14, pp. 1256-1263.) He principally contends that the trial court erred in admitting in evidence certain personal writings seized from his apartment. As will appear, we conclude that the contention is meritorious but that the error requires re...
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Opinion This case arises under the 1978 death penalty initiative, now codified as Penal Code sections 190-190.5. Defendant was convicted under this statute of first degree murder and attempted robbery, with the special circumstance of murder during the commission of attempted robbery (Pen. Code, § 190.2, subd. (a)(17)). 1 The jury also found that defendant personally used a firearm in committ...
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Opinion This is an automatic appeal (Pen. Code, § 1239, subd. (b)) from a judgment of death under the 1978 death penalty law (id., § 190.1 et seq.). We affirm the judgment as to guilt but set aside the special circumstance findings under compulsion of Carlos v. Superior Court (1983) 35 Cal.3d 131 [197 Cal.Rptr. 79, 672 P.2d 862], and People v. Garcia (1984) 36 Cal.3d 539 [205 Cal.Rptr. 265, 684 P....
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Opinion We confront an issue created by the sharp rise in market rates of interest during recent years, When a public agency con*794demns property and exercises its statutory right to take possession before the condemnation price is set or fully paid, does the “just compensation” which the Constitution requires include interest at prevailing market rates rather than a lower “legal” rate specifie...
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38 Cal.3d 811 (1985) 700 P.2d 1244 215 Cal. Rptr. 242 THE PEOPLE, Plaintiff and Respondent, v. JAVIER A., Defendant and Appellant. Docket No. Crim. 23869. Supreme Court of California. June 13, 1985. *813 COUNSEL Robert Patrick Murphy, under appointment by the Supreme Court, for Defendant and Appellant. John K. Van de Kamp, Attorney General, Kristofer Jorstad and Ronald D. Smetana, Deputy Attorney...
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38 Cal.3d 824 (1985) 700 P.2d 1280 215 Cal. Rptr. 278 E.S. BILLS, INC., Plaintiff and Respondent, v. DANIEL TZUCANOW et al., Defendants and Appellants. Docket No. L.A. 31839. Supreme Court of California. June 24, 1985. *826 COUNSEL Gregg A. Johnson, Russell M. De Phillips and Milberg, Johnson, De Phillips & Lamson for Defendants and Appellants. Paul B. Wells, Richard H. Benes, Linda Cory Alle...
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Opinion In July 1981 the San Jose Teachers Association (Association) entered into a three-year collective bargaining agreement with the San Jose Unified School District (District), covering the District’s nonmanagement certificated employees. As authorized by California’s Educational Employment Relations Act (EERA) (Gov. Code, § 3540 et seq.), the agreement contained a “service fee” provi...
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Opinion We issued an order to show cause in this case to examine the first degree murder conviction of Jackie Lee Bower. The prosecution may not, consistent with the guarantee of due process of law, penalize a defendant for exercising constitutional rights. We conclude that a due process violation occurred when the prosecution increased the severity of the charges against petitioner after jeopardy...
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Opinion This case presents an equal protection challenge to the provisions of Code of Civil Procedure section 409. 1 For the reasons discussed below, we reject this challenge and uphold the statute as written. I. Sunburst Decorative Rock, Inc., filed an action against Arrow Sand and Gravel (petitioner) to obtain judicial foreclosure on a deed of trust secured by certain real property to w...
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38 Cal.3d 892 (1985) 701 P.2d 826 215 Cal. Rptr. 679 ANTONIO R. SANCHEZ-COREA et al., Plaintiffs, Cross-defendants and Appellants, v. BANK OF AMERICA, Defendant, Cross-complainant and Respondent; VIRGIL McGOWEN, Defendant and Respondent. Docket No. S.F. 24709. Supreme Court of California. July 11, 1985. *896 COUNSEL Daniel M. Crawford, Donald T. Ramsey and Carroll, Burdick & McDonough for Pla...
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Opinion Plaintiff filed this class action to challenge the validity of charges imposed by defendant Crocker National Bank for the processing of checks drawn on accounts without sufficient funds. (The parties refer to such checks as NSF checks and to the handling charge as an NSF charge.) He appeals from a judgment of the trial court entered after that court sustained defendant’s general d...
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38 Cal.3d 945 (1985) 702 P.2d 180 216 Cal. Rptr. 98 THE PEOPLE, Plaintiff and Respondent, v. ROBERT GREGORY SMITH, Defendant and Appellant. Docket No. Crim. 23714. Supreme Court of California. July 22, 1985. *947 COUNSEL Robert Viefhaus, under appointment by the Supreme Court, for Defendant and Appellant. *948 John K. Van de Kamp, Attorney General, Robert M. Foster, Keith I. Motley and Robert B. ...
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