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All Reporters → cal-3d → Volume 4

Opinions in cal-3d Volume 4

*4Opinion The plaintiff corporation received dividends from other corporations each of which had previously paid a tax on the income from which the dividends were declared. In the process of determining its taxable income the plaintiff deducted the dividends so received. In calculating its tax due the State of California, plaintiff also attempted to deduct expenses attributable to receiving the di...
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*14Opinion Defendant Beulah F. Phillips appeals from a judgment of the El Dorado County Superior Court that holds that an instrument entitled, “Assignment of Rents and Agreement Not to Sell or Encumber Real Property” (hereinafter referred to as “the assignment”) was intended to be an equitable mortgage, and decrees its foreclosure. We conclude that this judgment must be reversed. Plaintiff bank, ...
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4 Cal.3d 34 (1971) 480 P.2d 296 92 Cal. Rptr. 680 Estate of W.S. ROSECRANS, Deceased. HOUSTON I. FLOURNOY, as State Controller, Petitioner and Respondent, v. CROCKER-CITIZENS NATIONAL BANK, as Executor, etc., Objector and Appellant. Docket No. L.A. 29783. Supreme Court of California. In Bank. February 9, 1971. *36 COUNSEL Gibson, Dunn & Crutcher and Bert A. Lewis for Objector and Appellant. M...
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Opinion The executor of the last will and testament of W. S. Rosecrans (decedent) appeals from an order of the superior court, sitting in probate, overruling the executor’s objections to the report of the inheritance tax appraiser and fixing the inheritance tax in accordance with that report. As will appear, we have concluded that the court below correctly ruled that the language of a trust instr...
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Opinion The Controller of the State of California appeals from a judgment sustaining respondents’ objections to the imposition of inheritance tax on the assets of a trust. We construe for the first time the provisions of the Revenue and Taxation Code enacted in 1965 to govern the imposition of inheritance taxes on transfers of community property between spouses. On May 4, 1944, Phili...
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4 Cal.3d 55 (1971) 480 P.2d 308 92 Cal. Rptr. 692 THE PEOPLE, Plaintiff and Respondent, v. JAMES E. RIBERO, Defendant and Appellant. Docket No. Crim. 13746. Supreme Court of California. In Bank. February 11, 1971. *59 COUNSEL James E. Ribero, in pro. per., and John L. Giordano, under appointment by the Supreme Court, for Defendant and Appellant. Thomas C. Lynch, Attorney General, Albert W. Harris...
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4 Cal.3d 73 (1971) 480 P.2d 289 92 Cal. Rptr. 673 THE PEOPLE, Plaintiff and Respondent, v. BONIFACIO HERNANDEZ RODRIGUEZ, Defendant and Petitioner. Docket No. Crim. 14282. Supreme Court of California. In Bank. February 11, 1971. *74 COUNSEL Bonifacio Hernandez Rodriguez, in pro. per., and Joseph S. Samuel, under appointment by the Supreme Court, for Defendant and Petitioner. Thomas C. Lynch, Atto...
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Opinion Defendants, Milton Luros, Reuben Sturman, World Wide News and London Press, Inc., were indicted in June 1966 by the Grand Jury of Los Angeles County for conspiring to violate section 311.2 of the Penal Code1 by wilfully preparing, publishing, printing and distributing four obscene books.2 Defendants moved, pursuant to section 995, to have the indictment set aside. The trial court first den...
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The holding of the opinion in this case, as I read it, is that insofar as concerns the gross receipts from sales of gasoline delivered from Shell’s in-city bulk terminal to locations outside the city, the city may not constitutionally assign as the controlling factor in fixing the measure of its tax on the business of “selling,” the element of delivery from in the city to out of the city when subs...
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Opinion In this case we are called upon to determine whether a superior court properly refused to exercise its independent judgment in reviewing a decision of the Commissioner of Corporations approving a recapitalization plan. For the reasons stated herein, we conclude that the judgment must be affirmed: the trial court properly followed our long established approach to the judicial review of a d...
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Opinion Petitioner Joseph C. Hegglin seeks review and annulment of the opinion and decision after reconsideration of the Workmen’s Compensation Appeals Board (Board) which limited the rating for his permanent disability to 4314 percent. On February 15, 1964, petitioner, who was employed as a pastry chef, suffered an industrially caused accident when he slipped on a wet kitchen floor,...
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Opinion Anthony Christopher Mattison was charged by information with the murder of John Lawrence Corcoron. Following a trial by jury he was found guilty of murder in the second degree. On his appeal from the judgment of conviction he asserts, inter aha, that it is legally impossible to be convicted of second degree murder when that murder has been perpetrated by means of poison. We have conclud...
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Opinion William Greene requests review of the action of respondent in refusing to certify him for admission to practice law in this state. (Bus. & Prof. Code, § 6066.) Greene, now 32, was admitted to practice in Illinois in May 1963 and in *191 Nevada in October 1968. In November 1968 he filed with respondent an application as an attorney applicant for admission to pract...
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*206Opinion Defendants Marie Eckstrom (Marie) and Thomas F. Eckstrom, Jr., (Thomas) appeal from a judgment decreeing that the appointment of Marie to a trustee’s advisory committee was void, declaring that a vacancy had existed on the committee since the date of her attempted but invalid appointment, and appointing a new member to fill the vacancy. We have concluded that the judgment should be af...
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Opinion Petitioner Lonnie Eugene Kerley seeks review of a decision, after reconsideration, of the Workmen’s Compensation Appeals Board, refusing to assess a 10 percent penalty against respondent employer, General Cable Company, for unreasonable delay in paying compensation. (Lab. Code, § 5814.) 1 We have concluded that the appeals board’s decision lacks the support of substanti...
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Opinion A jury found Harry Edgar Hunt guilty of one count of unlawful possession for sale of a restricted dangerous drug, methedrine, and not guilty of unlawful possession of restricted dangerous drugs, Nembutal and amphetamine. (Health & Saf. Code, §§11911, 11910.) He appeals from the ensuing judgment. 1 On February 7, 1968, Officer Clifford W. Owens and several other office...
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Opinion The issue presented by this appeal is whether our decision in In re Mosley (Jan. 30, 1970) 1 Cal.3d 913 [83 Cal.Rptr. 809, 464 P.2d 473] should be applied retroactively to the date of Boykin v. Alabama ( June 2, 1969) 395 U.S. 238 [23 L.Ed.2d 274, 89 S.Ct. 1709], or prospectively. We have concluded that Mosley should be accorded prospective application only. Defendant was charged by inform...
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Opinion We are called upon to decide whether the “one man, one vote” command of the equal protection clause requires that councilmanic voting districts be apportioned according to population or whether it is satisfied if each district contains a substantially equal number of registered voters. In short, is the constitutional imperative fulfilled by a standard of “one voter, one vote,” rat...
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4 Cal.3d 273 (1971) 481 P.2d 212 93 Cal. Rptr. 204 THE PEOPLE, Plaintiff and Respondent, v. MICHAEL LAWRENCE, Defendant and Appellant. Docket No. Crim. 14063. Supreme Court of California. In Bank. March 5, 1971. *274 COUNSEL Sheela, Lightner, Hughes, Hilmen & Castro and Howard J. Bechefsky for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney Gen...
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Opinion Petitioners, Henry Wood and Genevera Gonzales, seek review of decision No. 76065 of the Public Utilities Commission ordering dismissal of cases brought by them against Pacific Telephone and Telegraph Company (hereinafter PT&T) and Pacific Gas and Electric Company (hereinafter PG&E) challenging the validity of the two utilities’ credit rules. (See Pub. Util. Code, §§ 1756-1761.) Contrary ...
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4 Cal.3d 309 (1971) 481 P.2d 817 93 Cal. Rptr. 449 YOUNG'S MARKET COMPANY, Plaintiff and Appellant, v. AMERICAN HOME ASSURANCE COMPANY et al., Defendants and Respondents. Docket No. L.A. 29726. Supreme Court of California. In Bank. March 12, 1971. *310 COUNSEL Garibaldi & Lane, Abe Mutchnik and Warren J. Lane for Plaintiff and Appellant. Long & Levit and David C. Bogert for Defendants and...
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Opinion Plaintiff bank recovered judgment upon an indemnity bond issued to it by defendant insurance company, which appeals. As hereinafter appears, we have concluded that the trial court correctly ruled that a document upon which plaintiff relied in making a loan fell within the bond’s coverage with respect to counterfeited or forged instruments, and that the judgment should be affi...
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Opinion In this case we decide whether a conviction of furnishing a narcotic to a minor by an adult (Health & Saf. Code, § 11502) may stand when the information failed to allege that defendant was over the age of 21 years and when the jury was in no way instructed that it must determine as an element of the offense that defendant was an adult before finding him guilty of the said offense. We have...
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Opinion Petitioner, Fred Banks, has been in prison since his 1962 conviction on two counts of robbery and one count of attempted robbery in the second degree. (Pen. Code, § 211.) His case appears before us after *340a long and tortuous history, including three appearances before the United States Supreme Court.1 Petitioner’s Counsel On Appeal In this habeas corpus proceeding, petitioner contends...
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Opinion Plaintiffs appeal from a judgment on the pleadings rendered in favor of defendant in their action for declaratory relief and damages for breach of the rules of a bid depository. We here determine whether certain of the rules of the bid depository constitute per se violations of the antitrust law of California. Bid depositories are creations of the construction industry, gener...
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*373 Opinion Richard M., a minor, through his guardian ad litem, seeks a writ of prohibition to restrain the Superior Court of the County of Shasta, sitting as a juvenile court, from conducting a jurisdictional hearing upon a petition alleging that he comes within the provisions of Welfare and Institutions Code section 602 1 because of a violation of Vehicle Code secti...
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Opinion In this action for personal injuries, the jury returned a verdict for defendants. The trial court granted a motion for new trial, and defendants have appealed from the order granting the motion. Plaintiff’s testimony may be summarized as follows: He purchased a stepladder from defendant Sears, Roebuck & Company, and kept the ladder in a storage room in his backyard. A few day...
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I agree with the majority that a defendant whose conviction of a violation of Penal Code section 209 became final before our decision in People v. Daniels (1969) 71 Cal.2d 1119 [80 Cal.Rptr. 897, 459 P.2d 225] is entitled to post-conviction relief “if there is no material dispute as to the facts relating to his conviction and if it appears that the statute under which he was convicted did not proh...
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Opinion Edward Arthur Timmons was found guilty on two counts of kidnaping for the purpose of robbery (Pen. Code, § 209) and two counts *413of second degree robbery (Pen. Code, § 211). The judgment was affirmed (People v. Timmons (1969) 269 Cal.App.2d 671 [75 Cal.Rptr. 212]); we denied a petition for hearing in April 1969, and certiorari was denied in June 1969. In October 1969 our decision in Peop...
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Opinion Eduardo Adame and William Lee (who is not a party to the instant matter) were found guilty by a jury on two counts of kidnaping for the purpose of robbery (Pen. Code, § 209) and two counts of first degree robbery (Pen. Code, § 211). The judgment was affirmed in an unpublished opinion in 1967, and we denied a petition for hearing in 1968. In November 1969 Adame filed an application with th...
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4 Cal.3d 420 (1971) 482 P.2d 653 93 Cal. Rptr. 741 THE PEOPLE, Plaintiff and Respondent, v. RONALD RAY UNGRAD, Defendant and Appellant. Docket No. Crim. 14236. Supreme Court of California. In Bank. March 24, 1971. *421 COUNSEL Ronald Ray Ungrad, in pro. per., Peter J. Tamases, under appointment by the Supreme Court, and Tamases & Ress for Defendant and Appellant. Thomas C. Lynch, Attorney Gen...
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4 Cal.3d 423 (1971) 482 P.2d 654 93 Cal. Rptr. 742 THE PEOPLE, Plaintiff and Respondent, v. MICHAEL KILLEAN et al., Defendants and Appellants. Docket No. Crim. 14285. Supreme Court of California. In Bank. March 24, 1971. *424 COUNSEL Michael Killean and Thomas Joseph Leahy, in pro. per., and Herbert E. Selwyn, under appointment by the Supreme Court, for Defendants and Appellants. Thomas C. Lynch,...
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Opinion Donald Smith was found guilty on two counts of first degree robbery (Pen. Code, § 211) and one count of kidnaping for the purpose of robbery (Pen. Code, § 209). The judgment was affirmed by the Court of Appeal in an unpublished opinion in March 1969, and we denied a petition for hearing in May 1969. In October 1969 our decision in People v. Daniels, 71 Cal.2d 1119 [80 Cal.Rptr. 897, 459 P....
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Opinion Jack Frank Adams was convicted on three counts of kidnaping for the purpose of robbery (Pen. Code, § 209), two counts of first degree robbery (Pen. Code, § 211), and one count each of assault with force likely to produce great bodily injury (Pen. Code, § 245) and assault with intent to commit murder (Pen. Code, § 217). It was found that Adams was armed at the time of the commission of the ...
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Opinion Robert Hunter was found guilty by a jury on one count of kidnaping for the purpose of robbery (Pen. Code, § 209) and three counts of robbery (Pen. Code, § 211). In 1964 in an unpublished opinion by the Court of Appeal the judgment was affirmed; the sentence imposed on one of the robbery counts was set aside as double punishment under Penal Code section 654, but the conviction on that coun...
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4 Cal.3d 436 (1971) 482 P.2d 660 93 Cal. Rptr. 748 THE PEOPLE, Plaintiff and Respondent, v. ELZIA COLEMAN, Defendant and Appellant. Docket No. Crim. 14283. Supreme Court of California. In Bank. March 24, 1971. *437 COUNSEL Elzia Coleman, in pro. per., and Jack A. Dahlstrum, under appointment by the Supreme Court, Irwin R. Miller and Dahlstrum, Walton & Butts for Defendant and Appellant. Thoma...
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4 Cal.3d 439 (1971) 482 P.2d 661 93 Cal. Rptr. 749 THE PEOPLE, Plaintiff and Respondent, v. WELDON WALTER NORMAN, Defendant and Appellant. Docket No. Crim. 14284. Supreme Court of California. In Bank. March 24, 1971. *440 COUNSEL Herbert E. Selwyn, under appointment by the Supreme Court, for Defendand and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, ...
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I dissent for the reasons set forth in my dissent in People v. Hunter, ante, p. 432 [93 Cal.Rptr. 746, 482 P.2d 658], In my opinion the application for recall of the remittitur should be denied. McComb, J., concurred. Respondent’s petition for a rehearing was denied April 22, 1971. Wright, C. J., Mosk, J., and Burke, J., did not participate therein. Kaus, J.,* Roth, J.,* and Ford, J.,* participate...
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Opinion These two consolidated cases involve the amounts of and standards for computing welfare grants made under the Aid for Dependent Children (AFDC) program, and the authority and obligations with respect thereto of the Director of the California Department of Social Welfare. 1 In Sac. No. 7887, in an action brought by certain recipients of AFDC *448 grants an...
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4 Cal.3d 461 (1971) 482 P.2d 211 93 Cal. Rptr. 587 LINDA LA VERNE CAUGHLIN, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. L.A. 29675. Supreme Court of California. In Bank. March 26, 1971. *462 COUNSEL J. Kenneth Jensen for Petitioner. Lloyd Nocker as Amicus Curiae on behalf of Petitioner. *463 No appearance for Respondent. James ...
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Opinion Petitioners U.S. Auto Stores and American Hardware Mutual Insurance Company claim that the award of permanent disability of the Workmen’s Compensation Appeals Board is not supported by substantial evidence and that the award is not supported by the findings. We have concluded that the board’s decision is supported by substantial evidence and that the findings issue was not raised ...
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Opinion In response to the mounting social, environmental and health crises of recent years, governmental authorities have considerably expanded the planning and construction of “public improvements.” Because the definite commencement of a public project is almost invariably preceded by significant publicity and public interest, land values in the vicinity of the potential project often w...
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Opinion In this eminent domain proceeding the Department of Public Works condemned several parcels of defendants’ property in connection with its construction of the Simi Freeway in Ventura County. The state now appeals solely from that portion of the trial judgment which awarded defendants $182,500, for the taking of a portion of the tract of land designated at trial as “Parcel 3.” Parcel 3 co...
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Opinion In this eminent domain proceeding plaintiff County of San Luis Obispo condemned 160.475 acres of unimproved property owned by defendants, for use in connection with the Lopez Dam project. The jury awarded defendants $300 an acre (a total of $48,142.50) as just compensation and the county appeals from that judgment. The county raises three principal contentions on this appeal. First, i...
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Opinion Plaintiff Marvin Brisco filed suit against defendant Reader’s Digest Association, alleging that defendant had willfully and maliciously invaded his privacy by publishing an article which disclosed truthful but embarrassing private facts about plaintiff’s past life. A demurrer was sustained without leave to amend, and plaintiff has appealed from the ensuing judgment. Thus, we are p...
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4 Cal.3d 545 (1971) 483 P.2d 774 94 Cal. Rptr. 158 COUNTY OF SANTA CLARA, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; GASTON DELEERSNYDER et al., Real Parties in Interest. Docket No. S.F. 22689. Supreme Court of California. In Bank. April 15, 1971. *547 COUNSEL Hoge, Fenton, Jones & Appel and Charles H. Brock for Petitioner. No appearance for Respondent. Magana, Olney...
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Opinion Petitioners are the United Farm Workers Committee (“UFWOC”), and its two principal officers, Cesar Chavez (“Chavez”), and Dolores Huerta (“Huerta”). By this proceeding they seek a writ of prohibition restraining respondent court from enforcing, by contempt proceedings or otherwise, the provisions of a preliminary injunction issued by respondent on October 8, 1970. We have conclude...
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4 Cal.3d 573 (1971) 483 P.2d 769 94 Cal. Rptr. 153 Estate of ELSIE WELLS GERMOND, Deceased. SALVATION ARMY, Petitioner and Appellant, v. ALTA EVERETT et al., Claimants and Respondents; LOS ANGELES COUNTY HEART ASSOCIATION et al., Claimants and Appellants. Docket No. L.A. 29792. Supreme Court of California. In Bank. April 21, 1971. *576 COUNSEL Burris & Lagerlof, Meserve, Mumper & Hughes, ...
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Opinion Elsie Wells Germond died testate on June 9, 1962. Her will left all her property to her sister, Jessie E. Nulsen, and provided that “In the event of the demise of my sister . . . prior to distribution to her of my estate . . . , my Executor [Earl A. Everett] . . . shall convert my estate and the whole thereof into cash, and from the proceeds thereof, pay to and distribute the same [to 10 n...
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Opinion Defendant was charged with armed robbery. At his first trial the jury was unable to reach a verdict and a mistrial was declared. At his second trial he was found guilty as charged (Pen. Code, §211). He appeals from the judgment entered on the verdict. We conclude that the judgment must be reversed because of the admission of courtroom identifications of defendant’s chief alibi witness and ...
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Opinion Defendant was charged with the murder of Mrs. Beatrice Loya (Pen. Code, § 187). He pleaded not guilty. A mistrial was declared after the first jury was unable to reach a verdict. The second jury found him guilty of murder in the first degree. The jury became deadlocked on the penalty phase, however, and was dismissed by the court. The court sentenced him to state prison for the term of ...
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Opinion In this case we are called upon to determine whether Penal Code section 1538.5 permits a defendant charged with the commission of a felony offense to renew at trial a motion to suppress evidence, which, motion had been previously denied at a special hearing held in superior court. We have concluded that the trial court which granted defendant’s renewed motion had no jurisdiction t...
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*616 Opinion This case involves the application of the doctrine of res judicata to a final judgment of the superior court granting relief in habeas corpus. We shall explain why we have concluded that the judgment of the Superior Court of Sacramento County granting petitioner habeas corpus relief became a final judgment on the merits when the People failed to appeal under Penal Co...
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Opinion In an amended and consolidated information defendant Sam Shells, Jr., was charged with the kidnaping, rape, and oral copulation (Pen. Code, §§ 207, 261.3 and 288 a respectively) of Dorene K., and the kidnaping and rape of Elizabeth B. 1 After a trial by jury defendant was found guilty of all five counts charged. He appeals from the judgment of conviction. Generally speaking, the evi...
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Opinion Section 11546 of the Business and Professions Code authorizes the governing body of a city or county to require that a subdivider must, as a condition to the approval of a subdivision map, dedicate land or pay fees in lieu thereof for park or recreational purposes. In this class action for declaratory and injunctive relief, Associated Home Builders of the Greater East Bay, Incorpo...
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Opinion We ordered these three cases transferred to this court on our own motion (rule 28(a), Cal. Rules of Court) so that we might consider whether the Courts of Appeal have the authority to waive the $50 fee required under Government Code section 68926 for filing the record on appeal in a civil case or a petition for a writ within their original jurisdiction. Upon a review of the appli...
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*663 Opinion Petitioners seek prohibition to prevent the superior court from taking further proceedings on an information filed against them. We have concluded that prohibition should issue for the reason that the information charges petitioners with offenses not specified by the committing magistrate nor shown by the evidence to have occurred. On June 24, 1970, petitioners were charged by ...
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Opinion Petitioner John Mooney, for himself and others similarly situated, seeks mandamus to compel the Department of Public Health and Welfare of the County of San Mateo, the director of the department, 1 and its superintendent of the social services division, to grant him General Assistance welfare payments. Respondents, in refusing petitioner General Assistance, rely on coun...
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*688 Opinion Plaintiffs, recipients of Aid to Families With Dependent Children, and of Aid to the Blind (Welf. & Inst. Code, §§ 11200-11488; 42 U.S.C. § 601 et seq.; Welf. & Inst. Code, §§ 12500-12850), appeal from the judgment of the trial court, which sustained defendants’ general demurrer to their complaint without leave to amend on the ground that plaintiffs had not exhausted...
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Opinion When authorized by statute to remove from the highway and store a vehicle until the owner subsequently reclaims it, police officers routinely compile a complete inventory of the contents of the vehicle prior to storage, Petitioner, charged with possession of marijuana, seeks a writ of mandate to compel the respondent superior court to suppress evidence, seized when police inventoried the c...
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Opinion Petitioner Edward Camara, in an original proceeding before this court, seeks a writ of mandate to compel respondent Angele Mellon, City Clerk of the City of Santa Cruz, to file his nomination papers and place his name on the ballot as a candidate for the Santa Cruz City Council in the election to take place on April 13, 1971. Petitioner has been a state resident since September 1962, an...
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Opinion In this proceeding to determine the constitutionality of durational residency requirements imposed by the Butte County Charter for candidates for the county board of supervisors, plaintiffs (hereafter referred to for convenience as petitioners) appealed from a judgment of the trial court upholding the constitutionality of the charter provision and denying the relief requested. After d...
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Opinion Plaintiff appeals from a judgment rendered on a verdict in his favor in the amount of $6,100 in an action for personal injuries against defendants. We consider under what circumstances a defendant in a tort action may introduce evidence of plaintiff’s receipt of collateral source *727 benefits for the purpose of establishing that plaintiff had a motive for feigning in...
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Opinion Defendant, Lawrence Earl Lavergne, was found guilty by a jury of two counts of first degree robbery of a men’s clothing store. (Pen. Code, § 211.) He was acquitted on two other counts involving robbery of a supermarket. He contends that the trial court improperly denied him the right to impeach the testimony of his accomplice in the clothing store robbery. 1 He also argues that the pr...
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4 Cal.3d 747 (1971) 484 P.2d 583 94 Cal. Rptr. 607 THE PEOPLE, Plaintiff and Respondent, v. ALLAN FEIN, Defendant and Appellant. Docket No. Crim. 15213. Supreme Court of California. In Bank. May 5, 1971. *750 COUNSEL Harvey A. Schneider, under appointment by the Supreme Court, for Defendant and Appellant. Thomas C. Lynch and Evelle J. Younger, Attorneys General, William E. James, Assistant Attorn...
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Opinion Defendant, having waived trial by jury, was convicted of possession of marijuana (Health & Saf. Code, § 11530), and possession of restricted dangerous drugs (Health & Saf. Code, § 11910). Prior to trial defendant moved pursuant to Penal Code section 1538.5 to suppress certain evidence found subsequent to his arrest, which motion was denied. Defendant now appeals from the judgment of convi...
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Opinion Defendant appeals from a judgment convicting him of robbery in the first degree. He contends that the trial court committed prejudicial error in ruling admissible a written statement he made to another judge in the post-conviction proceedings of an earlier, related case; that the photographic identification procedure here used was unduly suggestive; and that the finding he was armed at ...
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Opinion In this case we hold that a juvenile 1 who has been temporarily detained by juvenile court authorities and subsequently released *771 without further proceedings does not become subject to a record which should be described as an “arrest” or “detention” record. In filling out forms for applications for educational or occupational opportunities such a juveni...
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*788 Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar that petitioner be suspended from the practice of law for one year on conditions of probation including three months’ actual suspension. 1 Petitioner, who was admitted to practice in 1952, was charged in a notice to show cause with forging the name of a client, Glo...
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Opinion We consider whether a group of consumers who have bought merchandise under installment contracts may maintain a class action seeking rescission of the contracts for fraudulent misrepresentation on behalf of themselves and others similarly situated, against both the seller of a product and the finance company to which the installment contracts were assigned. We conclude that such a...
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Opinion (1) The principal issue considered in this opinion is when the specific intent to rob must be formed in relation to the seizing of the victim in order to constitute a violation of Penal Code section 209 (kidnaping for the purpose of robbery) in those offenses which took place after the 1951 amendment to said code section. We have concluded that the intention to commit robbery must be pr...
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Opinion In this case we are called upon to determine under what circumstances a minor is entitled to a free transcript for use on appeal from an order of the juvenile court finding him to be a person coming within the provisions of Welfare and Institutions Code section 602. 1 We have con- *838 eluded that under Welfare and Institutions Code section 800, petitioner ...
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Opinion In this antitrust case, plaintiffs Harold Corwin and Allen Barr, doing business as Statewide Publication Service (Statewide), appeals from a summary judgment in favor of defendant Los Angeles Newspaper Service Bureau, Inc. (Bureau) and 40 of its member newspapers also joined as defendants. As will appear, we have concluded that upon the record presented the summary judgment was er...
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*863Opinion Petitioners1 seek a writ of prohibition restraining respondent court from taking further proceedings in a criminal action charging them with a violation of section 9-108 of the Municipal Code of the City of Seaside (City). The ordinance prohibits parades or civic demonstrations obstructing the free use of streets and sidewalks without first obtaining a permit from the City.2 We issued ...
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Opinion This is an original petition for a writ of mandate to compel the Therapeutic Abortion Committee of Los Angeles County-USC Medical Center to consider on its merits petitioner Carlos’ application for a therapeutic abortion without the consent of her parents. We construe for the first time Civil Code section 34.51 to determine whether it emancipates minors for the purpose of obtaining therap...
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Opinion Charles J. Rounds Co. (hereafter employer) appeals from the judgment of the trial court, which dismissed a complaint, charging breach of a collective bargaining agreement, on the grounds that the dispute which was the subject of the suit was covered by an arbitration clause in the agreement. Employer is a general contractor operating in the Los Angeles area as a member of the...
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Opinion Plaintiff Larry Landau appeals from a judgment dismissing his action against respondents Mary Salam and Charge A Car, Inc., entered after respondents’ demurrer for misjoinder of parties was sustained without leave to amend. 1 Plaintiff claims to have been injured as the result of both the negligent driving of an automobile on April 28, 1968, and the negligent maintenanc...
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Opinion In 1959 Doyle Alva Terry was convicted on two counts charging lewd acts upon Richard and Timothy respectively, each a child under 14 (Pen. Code, § 288) and one count of infamous crime against nature committed against Timothy (Pen. Code, § 286). The judgment was affirmed. (People v. Terry (1960) 180 Cal.App.2d 48 [4 Cal.Rptr. 597] [hg. den., cert. den. 364 U.S. 941 (5 L.Ed.2d 372, 81...
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4 Cal. 3d 932 (1971) 485 P.2d 261 95 Cal. Rptr. 197 JOHN F. KEANE, Plaintiff and Respondent, v. GORDONI. SMITH, Defendant and Appellant. Docket No. Sac. 7889. Supreme Court of California. In Bank. May 25, 1971. *934 COUNSEL White, Harber, Fort & Schei and Lawrence A. Schei for Defendant and Appellant. Alan H. Thieler, McDonough, Holland, Schwartz, Allen & Wahrhaftig and Joseph E. Coomes, ...
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4 Cal.3d 945 (1971) 484 P.2d 1361 95 Cal. Rptr. 17 ORANGE COUNTY AIR POLLUTION CONTROL DISTRICT, Petitioner, v. PUBLIC UTILITIES COMMISSION, Respondent; SOUTHERN CALIFORNIA EDISON COMPANY, Real Party in Interest. Docket No. S.F. 22766. Supreme Court of California. In Bank. May 26, 1971. *947 COUNSEL Adrian Kuyper, County Counsel, John F. Powell, Deputy County Counsel, for Petitioner. John D. Maha...
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Opinion We are presented in this case with an issue of some importance to urban California: Whether the authority conferred upon the Public Utilities Commission to grant permission to construct and operate privately owned electric generating units supersedes, in cases of conflict, the authority conferred upon an air pollution control district to condition construction of such units upon complianc...
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4 Cal. 3d 955 (1971) 485 P.2d 257 95 Cal. Rptr. 193 THE PEOPLE, Plaintiff and Respondent, v. JERRY DALE PARKS, Defendant and Appellant. Docket No. Crim. 14891. Supreme Court of California. In Bank. May 26, 1971. *957 COUNSEL Lloyd H. Riley, under appointment by the Supreme Court, and Howard Renge, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney Gen...
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