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All Reporters → cal-app-2d → Volume 123
Opinions in cal-app-2d Volume 123
Defendant, Doyle Lee Quarles, was tried without a jury and convicted on two counts of an information charging him with violation of section 192, Penal Code (involuntary manslaughter) and of section 501, of the Vehicle Code (committing an unlawful or negligent act while driving under the influence of liquor). He appeals from the judgment and from an order denying defendant’s motion for a new trial...
Views: 4
Appellant was charged by indictment with the murder of John Camalig and with two counts of assault with a deadly weapon with intent to commit murder. He interposed pleas of not guilty to each count, but was found guilty of murder of the first degree and of an assault upon Suzie Camalig with a deadly weapon with intent to commit murder and of the lesser offense of an assault upon Mary Camalig with...
Views: 10
This is an appeal by plaintiffs from a judgment dismissing their amended complaint following the sustaining of a demurrer thereto after which plaintiffs failed to amend.
*20
The question presented is whether the action is barred by a statute of limitations.
Plaintiffs, husband and wife, allege in their amended complaint that on October 2, 1950, they ate some Del Mesa brand pe...
Views: 7
Plaintiff wife appeals from a judgment granting respondent husband a divorce for extreme cruelty; dividing the community property of the parties; and awarding the custody of the infant sons, aged 7 months and 20 months, to appellant except for two 15-day periods in January and July of each year, when custody was awarded to respondent. There is no intimation in the entire record that either part...
Views: 2
December 8,1953, this court made its order staying execution and enforcement of the superior court judgment in this case. This was done upon the representation of the defendant that she had been denied due process of law and that she was perfecting proceedings for review of the case by certiorari by the Supreme Court of the United States. This case was decided in this court September 29, 1953 (120...
Views: 0
On February 5, 1953, a remittitur was filed in superior court case No. 566590 between the parties hereto, in which it was ordered that respondents therein (defendants Forster and Steinike) should recover their costs on appeal. Thereafter said Forster and Steinike filed their memorandum of costs and disbursements on appeal amounting to $574.60. Plaintiff Logan filed notice of motion to have such...
Views: 1
On April 1, 1946, Raymond D. Herzog held a contract for the purchase of 325 acres of mountain land in Palm Springs, Riverside County, for the sum of $25,000. On that date he entered into an agreement with T. B. Weatherholt under and by virtue of which the two became joint adventurers in the purchase of the property, each to have a half interest in the venture. The agreement provided that the pu...
Views: 6
This is an appeal from a judgment modifying and confirming as modified an award of arbitrators appointed pursuant to the arbitration provisions of a contract under which Hunt Construction Company constructed a dwelling house for John R. Doyle and Fern Doyle. The matter was heard upon the petition of Doyle for an order confirming the award and the motion of the construction company for an order ...
Views: 1
Defendant was found guilty of bookmaking. Proceedings were suspended and he was granted probation. No final judgment of conviction was rendered. An order granting probation is deemed to be a final judgment, and a defendant may appeal therefrom. (Pen. Code, § 1237.) Defendant appeals from the judgment and from the order denying his motion for a new trial. He contends the evidence is insufficient to...
Views: 8
Plaintiff, in an action for personal injuries, appeals from a judgment sustaining defendant State of California’s demurrer without leave to amend.
Questions Presented
1. Can the court take judicial notice of the character of the operation of the Dumbarton Bridge by the State of California ?
2. Is that operation governmental or proprietary ?
Complaint
The complaint alleg...
Views: 7
This is an appeal from a judgment denying a peremptory writ of mandate. The amended petition for writ of mandate alleged in substance that in 1939 petitioner passed the examination for regional referee, Department of Employment, the name of which office was later changed to senior referee, Department of Employment; that he was thereafter certified to said position and entitled to hold said office...
Views: 0
Defendant and appellant was tried and convicted on a charge of grand theft. The appeal is based almost entirely on the sufficiency of the evidence. The only witnesses were appellant and the complaining witness who managed a market or grocery store in the city of Oakland. Appellant entered this market for the purpose of buying groceries and after picking up a number of different articles he got in ...
Views: 6
Appellant was convicted of burglary and conspiracy to commit burglary. He appeals from the ensuing judgments and orders denying his motions for a new trial. The indictments in this case grow out of the plans of appellant and his confederates, Davidson and Perry, to burglarize Kay’s Drive-In, on Laurel Canyon Boulevard, in North Hollywood, and the subsequent unlawful entry of these premises and ...
Views: 7
In a malpractice action plaintiffs appeal from a judgment entered on a directed verdict in favor of defendants. Questions Presented 1. 'Sufficiency of the evidence. 2. Is this court limited to the ground given by the trial court for its action? 3. Should evidence have been admitted to show that release of one tort feasor was not intended to release other tort feasors ? Record Plaintif...
Views: 9
Defendants appeal from an order under section 953e, Code of Civil Procedure, granting plaintiff a new trial and vacating the judgment.
*92
Question Presented
Under the circumstances here, did the court abuse its discretion?
Record
The action is one for personal injuries claimed to have been sustained by plaintiff in slipping on the floor of defendant Hastings’ store...
Views: 2
—Appeal bydefendant Sarah E. Hahn from a judgment decreeing foreclosure of a deed of trust and ordering a sale.
In 1946, Young Hahn, uncle of plaintiff, and defendant were living together as man and wife. They were not married because Young is a Korean by birth and defendant is a Caucasian. They lived together from 1937 until May 29, 1951, when they separated.
In August, 1946, Young a...
Views: 6
This appeal is from a judgment entered in favor of respondents city' of San Mateo and Matt Thiltgen after their demurrer to appellant’s complaint was sustained without leave to amend.
It is alleged in the complaint that the city of San Mateo is a municipal corporation; that it operated the San Mateo Municipal Golf Course to which the public was invited; that at the time of appellant’s inju...
Views: 3
In this action for the wrongful death of plaintiffs’ mother, Katherine Louise Summers, judgment after verdict was rendered in favor of defendants, and plaintiffs appeal.
The accident which resulted in the death of Mrs. Summers occurred at about 3 a. m. on United States Highway 101 about 15 miles south of Oxnard when Mrs. Summers was struck by a truck-trailer combination owned by Elmer Rand...
Views: 3
Appellant Kostal was accused of robbery while armed with a deadly weapon by indictment which alleged that he had previously been convicted of robbery and had served time therefor. He pleaded guilty to th'e former conviction and, in a jury trial, was found guilty of armed robbery. He appeals from the judgment and an order denying his motion for a new trial. Defendant was represented by counsel a...
Views: 1
Page 124
Defendant was informed against and convicted in a nonjury trial of the possession of a preparation of heroin, in violation of section 11500, Health and Safety Code. He appeals from the judgment and from an order denying his motion for a new trial. The ground of the appeal is the claimed insufficiency of the evidence to prove defendant had possession of the narcotic, or that he knew it was a nar...
Views: 7
In an action to foreclose a chattel mortgage defendants appeal from a judgment in favor of plaintiff.
Questions Presented
1. Alleged abuse of discretion in permitting amendment of complaint.
2. Was there an
executed
oral agreement f
3. Should the court have found on depreciation?
Facts
This controversy grew out of a partnership contract between the plain...
Views: 0
Page 134
Respondents commenced an action against appellant to recover damages for breach of contract. Their amended complaint alleged in substance that on or about March 1, 1948, the parties entered into an oral contract whereby appellant agreed to purchase 83,670 pounds of beans from respondents at 17% cents per pound; that on numerous occasions thereafter appellant stated that he would take the *136 ...
Views: 3
by plaintiff from a judgment of dismissal entered on an order sustaining the demurrer of defendant County of Los Angeles to the complaint without leave to amend in an action for damages for malpractice. The complaint alleges: the corporate capacity of the county of Los Angeles; it operates the Los Angeles County Hospital, referred to as “the hospital”; about November 4, 1951, plaintiff, by acci...
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Appeal by defendant, as executor of the will of James W. Henderson, from an adverse judgment in an action for damages for the failure of decedent to have a policy of life insurance in force on his life at the time of his death.
On August 15, 1932, decedent and his then wife, Thelma,
*147
entered into a property settlement agreement. Plaintiff Wilma is the daughter of decedent ...
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The basic problem presented on this appeal is whether the seventh paragraph of the will of Joseph F. Nunes so clearly describes the respondent as recipient of the bequest therein provided.as to preclude the introduction of extrinsic evidence that would tend to show that, in fact, the decedent intended to leave the bequest to appellant. The trial court determined, as a matter of law, that responde...
Views: 4
This is an appeal by plaintiff Samuel A. Levin from a judgment declaring that plaintiff take nothing by reason of his second amended complaint. The judgment also provided that all parties recover their attorney’s fees under section 83.0, Corporations Code.
The Martin C. Levin Investment Company is a family corporation, which was incorporated in February 1939, to take over certain real prop...
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This case is presented on an agreed statement on appeal and the only question is one of statutory construction. Appellant Seyman was appointed a deputy clerk of the Berkeley Justice’s Court on September 13, 1951; appellant Hubbs received a like appointment on September 24, 1951; and appellant Hansen was appointed to a like position on December 16, 1951. On January 1, 1952, the Berkeley Justice’s C...
Views: 0
This action was based on a claim for damages allegedly caused by defendants’ breach of an oral contract. Judgment went for plaintiff in the sum of $3,892.14, plus 7 per cent interest thereon from December 31st, 1947, and costs of $175.46. Defendant William 'Kitagawa filed an
*170
amended cross-complaint alleging that cross-defendant, George Capitelli, is indebted to him in the sum ...
Views: 1
Page 177
The present appeal is from a judgment decreeing that appellant James Minnfield and defendant Ada Lee, also known as Ada Lou Smallon Harris, held certain real and personal property in trust for the plaintiff-respondent Reece Harris, and ordering defendants to convey said property to respondent. Findings of the trial court were to the effect that prior to September 20, 1950, plaintiff Reece Harris a...
Views: 0
Page 182
As recited in appellant’s brief, “This is an appeal from that portion of the interlocutory judgment of divorce awarding the custody of the minor child of the parties to the defendant. “Plaintiff filed a complaint for divorce on July 30, 1952, in which she alleged, among other things, that there was one child, Tani Hale, two and one-half years of age, that said minor child was in her custody, and t...
Views: 0
This is a petition asking this court to fix bail on appeal. It appears that on or about July 9, 1952, appellant herein was convicted in the Superior Court of the *185County of Los Angeles of violation of section 503 of the Vehicle Code, a felony. Proceedings were suspended and the accused was placed on probation. While appellant was on probation in the above-mentioned proceeding, the district atto...
Views: 0
The principal question upon this appeal is whether or not a rear yard requirement of a municipal zoning ordinance continues operative and makes the land affected not “marketable” or not “free and clear of all incumbrances,” under the circumstances of this case. Plaintiff and cross-defendant R. H. Hartman owned an L-shaped parcel of realty near the intersection of George and First Streets in the...
Views: 1
Plaintiff is a corporation with its principal place of business in Santa Clara County. Defendants are a partnership with their principal place of business in Los Angeles. Two of the partners, A. Lyon and William Lyon, reside in Los Angeles; a third, Leon Lyon, resides in Kentucky. Plaintiff purchased 100 barrels of brandy from defendants subject to an express warranty. After the merchandise had b...
Views: 1
MacArthur Taylor, 'a minor, through his mother, Clara Taylor, as his guardian ad litem, brought suit for injuries suffered when he came in contact with defendant’s automobile. Clara Taylor joined in said suit her cause of action for medical and hospital expenses incurred in the treatment of the injuries of her son. The jury rendered a verdict for defendant and plaintiffs appeal.
The accide...
Views: 1
This is an action to set aside a judgment. A demurrer was sustained without leave to amend and the plaintiffs have appealed from the judgment which followed. The complaint, filed on August 20, 1952, alleges that in an action brought by Annie P. Carmichael a judgment was rendered on November 16, 1950, quieting her title, as against these plaintiffs, to certain real property in Kern County; that ...
Views: 0
Contestants and appellants, father and son,' strangers to the blood of decedent Franklin P. Sherwood who died on January 20, 1952, filed a petition to contest his last will and testament and codicils thereto, on the ground of incompetency of deceased to
execute
a will, and on the further ground of undue influence.
The will and codicils were admitted to probate on February 18, 19...
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The defendant was charged with the crime of assault with a deadly weapon, it being charged that on a certain day she committed such an assault upon the person of one G. Mehegan. A jury found her guilty as charged, and she has appealed from the judgment which followed. A quarrel occurred between the defendant and her husband about 2 p. m. on February 27, 1953. In response to a radio call several...
Views: 5
was charged jointly with one Hurst and was convicted by a jury of the crime of robbery, first degree. Richard W. Petherbridge, public attorney, represented the defendants at the trial. Defendant McNeal filed his own notice of appeal in propria persona. After some delay, defendant informed this court that he desired the services of an attorney. This court appointed Mr. Petherbridge to represent th...
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These defendants were jointly charged with robbery. In the first count it was charged that on April 9, 1953, they took $90 from Jesus Carrillo by force and fear. The second count charged them with taking $50.50 from Demetrio A vina by force and fear. As to each count it was charged that they were armed with a deadly weapon, a .22 rifle and a 20-gauge shotgun. A jury found each defendant guilty of...
Views: 2
123 Cal.App.2d 235 (1954)
GEORGE WASHINGTON, Respondent,
v.
CITY AND COUNTY OF SAN FRANCISCO, Appellant.
Civ. No. 15655.
California Court of Appeals. First Dist., Div. One.
Feb. 17, 1954.
Dion R. Holm, City Attorney, and Thomas M. O'Connor, Deputy City Attorney, for Appellant.
Keith, Creede & Sedgwick for Respondent.
FINLEY, J. pro tem. [fn. *]
This is the second appeal in this case. ...
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This is the second appeal in this ease. The first was taken by plaintiff and resulted in this court setting aside a judgment for defendant notwithstanding the verdict for plaintiff and is reported in 111 Cal.App.2d 368 [244 P.2d 774]. Defendant then moved for a new trial, which motion was denied, and judgment was entered upon the verdict for plaintiff. Defendant appeals, from this judgment on the ...
Views: 4
At midday on June 26, 1950, plaintiff Mary Hooper was driving her husband’s sedan on Bayshore Highway when it was struck from the rear by a truck owned by defendant John Wagner and operated by defendant Chester Bronson. This action for damages for injuries allegedly sustained by Mrs. Hooper and for damage to Mr. Hooper’s car ensued. After a trial by jury a verdict for defendants was returned, u...
Views: 3
This is an appeal from a judgment entered in favor of respondents following the sustaining of a demurrer to appellant’s third amended complaint which appellant thereafter declined to amend.
As set forth in the complaint, the facts appear quite complicated. In their bare essentials, they are as follows; On August 25, 1936, W. J. Dubil and E. J. Hubik obtained a United States patent for the ...
Views: 2
123 Cal.App.2d 264 (1954)
ROXIE UPDECK, Respondent,
v.
RILEY SAMUEL, Appellant.
Civ. No. 15594.
California Court of Appeals. First Dist., Div. Two.
Feb. 17, 1954.
Edward D. Mabson for Appellant.
Arguello and Giometti, Alex L. Arguello and Marvin G. Giometti for Respondent.
NOURSE, P. J.
Plaintiff sued on a claim of title for real property and for damages. Her action is predicated upon an a...
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This is an appeal by plaintiff Paul Kruger from a judgment in favor of defendants, the city of Oakland, and Charles A. Reed, Arthur Davis, Joseph J. Ward and James J. Sweeney, Jr., in an action for wrongful conversion of plaintiff’s personal property by the aforementioned officers and employees of said city. The judgment was also in favor of the city on its cross-complaint, against Paul Kruger and...
Views: 0
is an appeal from a judgment of nonsuit in favor of defendant, respondent herein, following defendant’s motion at the completion of plaintiff’s evidence in a personal injury action by a guest based on a claim of wilful misconduct on the part of the driver. On the night of August 4, 1951, respondent, Jack Richards, invited plaintiff Hallman to ride with him as a guest in his *276 1951 Ford eou...
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These two cases are presented on an agreed statement on appeal (rule 6a of Rules on Appeal) , which statement reads in part as follows:
“1. In 1948 the State Board of Equalization issued to Adam A. Schmierer an off-sale license to sell wine and beer (unrestricted as to alcoholic content) at the grocery store operated by Schmierer and located at 2775 Middlefield Road in the City of Palo Alt...
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This is an appeal by Lee Lapidus, surviving widow of decedent Abraham Lapidus, from an order and judgment denying and dismissing her contest of the premarital will of said decedent based on section 70 of the Probate Code which reads: “If a person marries after making a will, and the spouse survives the maker, the will is revoked, as to the spouse, unless provision has been made for the spouse b...
Views: 0
Plaintiffs appeal from a judgment of dismissal for failure of the amended complaint to state a cause of action.
Plaintiffs initiated a suit in equity against the heirs of Mary Virginia Jones, in which they sought quasi-specific performance of an alleged oral agreement by Mary Virginia Jones to make a will leaving to plaintiffs all property she owned at the time of her death, and to impress...
Views: 1
Appeal by defendant from an adverse judgment in an action to recover a broker’s commission.
In October, 1950, defendant was the owner of a parcel of realty improved with an apartment building in Los Angeles. The property was encumbered with a first deed of trust in the then approximate amount of $49,000. According to the terms of the note secured by the deed of trust, it could not be paid ...
Views: 5
Plaintiff, cross-defendant, respondent and cross-appellant (hereinafter referred to as plaintiff) in 1948, under the terms of a written share-rent lease, leased two 80-acre parcels of land from P. C. Weaver and wife for the purpose of farming cotton and re-leased this acreage again on March 10, 1949. After the execution of the last lease the Weavers sold the 160 acres to defendants, cross-compl...
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On October 28, 1948, the appellants executed an oil and gas lease in favor of the respondents Fickle, Hink and David. The lease provided, among other things, that the lessees should be obligated to drill upon the premises; *326 that their interest might be forfeited for a violation of any of the terms of the lease; that upon any quitclaim, termination or surrender of the lease the lessees would...
Views: 3
Plaintiff sued for reinstatement in the defendant union after an alleged wrongful expulsion. He also asked for damages in the loss of wages and for mental suffering. The complaint alleges that the officers of the union continued to operate under a purported amended constitution which was illegal and void and was expressly held void in August, 1949, in
Weber
v.
Marine Cooks’ & S...
Views: 2
From a judgment in favor of plaintiff after trial before the court without a jury in an action to recover for the value of merchandise purchased from plaintiff by defendant, defendant appeals.
Viewing the evidence as we must in the light most favorable to plaintiff (respondent) pursuant to the rules set forth in
Estate of Isenberg,
63 Cal.App.2d 214, 216 [2] [146 P.2d 424], the ...
Views: 0
Appeal from judgment after demurrer to the complaint had been sustained and no amended pleading filed. The complaint alleges that defendant maintained the “Carpinteria Dump” on a public ocean beach where the residents of the county were allowed to dump their garbage and rubbish on payment of a fee and wheré children frequently played and which was made especially attractive to children by the l...
Views: 1
Appellant recovered judgment against defendant Karsten on the demand note of the latter made in favor of one Josephine Falzone, but was denied recovery as to all others.
*
Defendants Florence Karsten and Catherine Ingrao are sisters and for some time prior to December, 1946, had, as a copartnership, operated the Venetian Dining Room and Gardens in Altadena. On January 25, 1947, Flo...
Views: 1
Defendant appeals from orders denying (1) his motion to set aside a default judgment pursuant to the provisions of section 473 of the Code of Civil Procedure, and (2) his motion to reconsider the previous order. Facts-. Plaintiff commenced an action to recover the sum of $4,000 representing a balance of defendant’s indebtedness of $7,000 to plaintiff’s assignor which was evidenced by a writin...
Views: 1
Respondent agreed to loan appellant $10,000 to be secured by a trust deed upon certain real property in San Bernardino County. Five thousand of such sum was to be used to pay off an existing trust deed on the property, the balance to be expended for improvements on buildings and a well located on the property. Respondent advanced $5,179.58 to pay off the trust deed and $2,252.27 for materials a...
Views: 0
This is a motion to dismiss an appeal from a minute order denying plaintiff’s motion to vacate and set aside a final judgment. Facts: May 31, 1950, judgment was entered in favor of defendant. Plaintiff thereupon appealed and the Supreme Court on October 28, 1952, affirmed the judgment of the trial court. (Stafford v. Realty Bond Service Corp., 39 Cal.2d 797 [249 P.2d 241].) A subsequent petition f...
Views: 0
Appellant was accused in six counts of having violated section 288 of the Penal Code. Three of the offenses occurred in July, 1951; three in the following August. He was arraigned on September 18th, pleaded not guilty, and his trial was set for October 23. On the latter date he appeared with his counsel, and with leave of the court withdrew his plea of not guilty and pleaded ‘ ‘ guilty as charged...
Views: 4
Convicted of assault with intent to commit robbery (Pen. Code, § 220), appellant demands a reversal of his sentence and of the judgment on the ground of (1) insufficiency of the evidence and (2) the court’s rejection of requested instructions. There is no want of inculpating proof. By the prosecutrix it was established that having left her work at 2 a. m. she rode a street ear homeward bound an...
Views: 9
Convicted of bookmaking (Pen. Code, § 337a, subd. 1), defendant appeals from the judgment and the order denying his motion for a new trial. He demands a reversal on the ground of the insufficiency of the evidence. He maintains that “no testimony was introduced to establish any of the conversation amounted to a wager on a horse race.” Prior to his arrest on February 20, 1953, appellant had been ...
Views: 5
Appeal by Walter Newbauer from a judgment against him after the demurrer of Benjamin Codd to Newbauer’s cross-complaint was sustained without leave to amend. Sattinger sued Newbauer and Codd, individually, and as partners doing business as Keene Packing Company. The suit was for damages for breach of an alleged contract of Newbauer and Codd, as partners, to can dog food for plaintiff, and also ...
Views: 15
Plaintiff brought this action against Salih Brothers, a partnership, and Fred M. Salih and Lee Salih individually and as partners, upon an alleged agreement whereby plaintiff agreed to render services in the promotion of two corporations (Beverly Investment Co., Inc., and Burbank Amusement Co., Inc.) and defendants agreed to deliver to *372 plaintiff 770 shares of the investment company and 231...
Views: 1
Defendant appeals from a conviction of two counts of violation of section 470, Penal Code, and from denial of his motion for a new trial. While represented at the trial by the public defender, defendant appears here in propria persona. He makes the blanket contentions that the evidence was insufficient, that he was denied due process of law, that the witnesses against him committed perjury, that t...
Views: 0
Respondent sued to quiet title in itself to two motor vehicles. The judgment declaring respondent to be the legal owner and enjoining appellants from requesting the issuance of certificates of ownership in the name of Ellis R. Taylor or his corporation or of any other person, firm or corporation is here under attack. The subjects of the action are a sedan and a coupe.
Respondent has its pr...
Views: 0
Plaintiffs and appellants Archie Stinson and wife brought this action against defendants and respondents Viola G. Blodget, Claude Blodget et al., in which they
*391
allege that defendants claim an interest adverse to that of plaintiffs in certain described real property in Kern County, consisting of two small houses located on two small lots.
The evidence shows that plaintiffs...
Views: 1
Page 395
Petitioner, having prepared and filed this petition for habeas corpus and being without funds, requested the court to appoint counsel to represent him in the presentation of his case. Counsel was appointed and has discharged his duties toward his client with commendable zeal and efficiency, thoroughly developing every facet of the case. *396 May 6, 1936, petitioner McManus was sentenced to st...
Views: 18
In this action to quiet title it was stipulated that plaintiff, Selea Rich, was the owner of three parcels of real property, title to which was in defendant, Walter M. Crieger. Defendant collected the rents and took care of the property for plaintiff from December of 1948, when she deeded it to him, until this suit was filed October 2, 1951. It was further stipulated that in the accounting between...
Views: 0
Plaintiff Olga Louknitsky has appealed from an interlocutory decree which awarded her a divorce upon the ground of extreme cruelty. She asserts error in (1) the finding that all the property belonged to the community, (2) the portion of the judgment which ordered sale of the realty and division of the proceeds, and (3) failure to award alimony to her. The parties waived findings of fact. Howeve...
Views: 4
This is an appeal from a judgment denying appellants’ petition for a writ of mandate. Appellants, the members of the Santa Clara County Board of Supervisors, sought the writ to compel respondent, controller and auditor of said county, to pay their salaries at the rate of $6,000 a year, as provided by Government Code, section 28106, as amended in 1951, rather than at the rate of $3,600 a year un...
Views: 0
Joseph L. Valentine died on May 18, 1949. He was survived by a son and by his widow, Katherine L. Valentine, who is the respondent herein, and also by his parents, Frank and Mamie Valentine, the appellants. The decedent left a holographic will which was admitted to probate.
The appellants attack three decrees of the Superior Court of Los Angeles County, sitting in probate, in the estate of...
Views: 0
Plaintiffs brought this action on their own behalf and on behalf of numerous other persons alleged to be similarly situated for the purpose of obtaining a declaratory judgment defining the rights and duties of the parties under certain contracts to purchase dwelling houses from defendants. An answer was filed by defendant and also a cross-complaint by which defendant sought to recover damages. Whe...
Views: 0
Page 431
Defendants appeal from a judgment for plaintiffs in an action for damages for breach of the following contract:
11 This agreement entered into Aug. 10, 1950 between Bryan Smith Farms and C. A. Unruh & Howard J. Miller.
“C. A. Unruh & Howard J. Miller agrees to grow 42 acres of cucumbers on their ranch located near the Kern County Airport and to harvest and deliver the same to the Brya...
Views: 5
This action arose out of the construction of certain houses on lots owned by the defendants. In December, 1950, an. “Owner-Contractor Agreement” was entered into by Myron B. Levi and C. M. Maaskant as “Owner” and *440Richard Goodenough, Robert Goodenough and Dick B. Williams as ‘ Contractor, ’ ’ for the erection of houses on these lots. This contract provided that the “Contractor” agreed to provid...
Views: 0
On July 16, 1952, Cecil H. Willis, hereinafter referred to as “Willis,” filed a petition herein for appointment as guardian of his minor son, Gerald David Willis, then of the age of 2 years, hereinafter referred to as “Gerald.” On August 8,1952, Wallace Neill and his wife, Margaret, who then had custody of the child, filed a petition in the juvenile court to have him declared free from the custod...
Views: 5
This appeal is from a declaratory judgment interpreting the provisions of a lease; from a subsequent order amending the judgment, which order was made after notice of appeal from the judgment was filed, and from an order for a writ of possession of the leased premises, made after a notice of appeal from the amended judgment was filed.
Respondents, as partners, held a master lease on a stor...
Views: 5
Petitioner James J. Sehubal appeals from an order denying admission to probate of a document purporting to be the last will of Josephine B. Corbett, deceased, and denying his petition for letters testamentary. The sole question presented is the sufficiency of the evidence to support the court’s findings of undue influence and mental unsoundness. Pacts On April 4, 1951, Josephine B. Corbett,...
Views: 1
This is an appeal by plaintiff, a licensed real estate broker, from an adverse judgment in an action to recover commissions from defendants.
The record reveals that defendant George Stearns was a subdivider of tract properties. On January 13, 1947, plaintiff prepared and submitted to defendant Stearns a written contract, the pertinent portions of which read as follows:
“For and in con...
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Defendant was convicted of issuing a check without sufficient funds, in violation of Penal Code, section 476a. He appeals from the ensuing judgment and order denying his motion for a new trial. *489 Defendant was general manager of the Summit Furniture Manufacturing Company, a copartnership comprised of the four Rogal sisters. Elizabeth was the active partner of the firm. The company was enga...
Views: 4
Action by parents for damages for wrongful death of their minor son, allegedly resulting from negligence of a public school district, board of education, and superintendent of schools in maintaining blacktop paving under playground equipment, and in supervising the play of the son, on the school grounds. In a trial by jury there ’ was a general verdict for defendants, and there were three special...
Views: 8
The history of this controversy first shows an action by plaintiff in claim and delivery to recover possession of certain grading equipment, or if recovery could not be had, then the market value thereof. When the case was called for trial defendant county moved for judgment on' the pleadings. Apparently the motion was submitted pending the introduction of certain testimony, following which the tr...
Views: 0
Plaintiff commenced an action against defendant to recover the sum of $1,004 alleged to be due from defendant to plaintiff. Defendant filed an answer denying the material allegations of the complaint and also filed a cross-complaint alleging that plaintiff had agreed to do and complete certain work for defendant within a specified time and because of plaintiff’s failure to do so defendant had bee...
Views: 0
This is an appeal upon the judgment roll from an order granting a new trial to Artie Norgard Gordon, respondent herein. Plaintiffs commenced an action against defendants for an injunction and for damages resulting from alleged diversions of water from a watercourse which flowed through the *518 lands of the parties. One of the defendants named in the caption of the complaint was “Artie Norgar...
Views: 1
Page 523
In an action for contribution between former partners of a dissolved partnership, plaintiffs appeal from the judgment in favor of defendant. *524 Questions Presented 1. Primarily,—whether on dissolution plaintiffs assumed the obligations of a certain contract. 2. Correctness of the findings. (A companion case instituted by defendant to reform the agreement of dissolution was consolidated ...
Views: 0
Page 528
In a quiet title action, defendants Antone L. Rodrigues and Lois Rodrigues appeal from a judgment in favor of plaintiff. The question presented is the sufficiency of the evidence to support the court’s finding of lack of delivery of a certain deed. Evidence Plaintiff and defendant Antone are brother and sister, and are two of the eight children of Mary E. Rodrigues, who acquired the realty ...
Views: 0
Plaintiff appeals from a judgment for respondents, husband and wife, in a suit for real estate broker’s commission. In the action plaintiff was awarded judgment for $975 against Mrs. Dorothy N. Murphy, a codefendant with respondents. Mrs. Murphy is not a party to this appeal. *534On July 27, 1951, respondents signed a “Deposit Receipt” presented to them by appellant. This receipt was for $100 and ...
Views: 2
Defendant appeals from her conviction of four counts of violating section 274, Penal Code (abortion), and from the order denying new trial. Defendant was charged with abortions on four women, respectively. She concedes the sufficiency of the evidence. She could hardly do otherwise, in view of the testimony of the four prosecuting witnesses and other evidence in the case. It is therefore unneces...
Views: 1
This is an appeal from a judgment in favor of plaintiff and respondent Anna Mackenzie, in the sum of $3,250 and interest from May 6, 1950, and against defendants William and Ella Yoelker, brother and sister-in-law of plaintiff. Anna Yoelker, mother of Anna Yoelker Mackenzie, respondent, William Yoelker, appellant, Bernard Yoelker, and Marie Yoelker Scheger who died on March 20, 1950, had execut...
Views: 0
The appellant was convicted of the crime of pimping. He appeals from the judgment and the order denying his motion for new trial. The only substantial evidence introduced against appellant came from the complaining witness. Appellant, a Negro, operated a hotel in San Francisco. The complaining witness, Claire Strange, a white woman, went to live in this hotel some time in December, 1952, with one...
Views: 14
I concur:The judge noticed that petitioner was emotionally upset by the proceedings and for that reason removed him. Under the circumstances the fact that appellant was disturbed by what was going on was not evidence of incompetency. It was enough to disturb any normal, self-respecting person. A petition for a rehearing was denied March 15, 1954, and respondent’s petition for a hearing by the Supr...
Views: 0
Plaintiff was struck by a car owned and operated by defendant Carey, an employee of Boston Shoe Company. Jack Smith also was sued as an owner of the car but there is no discussion in the briefs as to his connection with the accident. Plaintiff’s evidence was presented to a jury. When plaintiff had rested, the motion of Boston Shoe Company and Smith for a nonsuit was granted, and judgment was orde...
Views: 4
This is an appeal, on an agreed statement, from an order fixing ordinary executor’s commission and attorneys’ fee in an estate. Rufus A. Phillips died testate on October 1, 1949. During the course of administration, and in connection with a proceeding to determine heirship, the court made an order on May 28, 1951, in which, after finding that all of the property described in the inventory was t...
Views: 3
By the instant action, plaintiff sought injunctive and declaratory relief and also an accounting.
The complaint alleges that by a written agreement dated August 9, 1948, plaintiff licensed defendants to distribute a wax process for the treatment of fruits and vegetables in preparation for market. The patent for this process was owned by plaintiff. The license rights granted by the agreemen...
Views: 3
In an information filed by the district attorney of Los Angeles County, defendant was charged with the crime of assault with a deadly weapon. To the aforesaid charge he interposed a plea of not guilty. Trial by jury was appropriately waived and it was stipulated that the matter be submitted to the court on the transcript of the preliminary examination, both parties reserving the right to offer add...
Views: 3
Appeal by plaintiff from an adverse judgment in a suit for declaratory relief, to establish a constructive trust, and for an injunction. On May 16, 1946, Eddie and Sarah Robinson, husband and wife, made a joint will by which each of them bequeathed and devised all of his and her property “after the death of the two of us” to plaintiff, Howard C. Daniels. There was no evidence of the making of a...
Views: 4
This is a proceeding to review a decision of the Industrial Accident Commission rendered after reconsideration. The decision adopted and affirmed the findings and order that had been made and filed, prior to reconsideration, by the referee who conducted the original hearing; a finding that the death of the employee was not proximately caused by an injury arising out of and occurring in the cour...
Views: 6
India Paint and. Lacquer Company, hereinafter referred to as “India,” sued United Steel Products Corporation, hereinafter referred to as “United,” to recover the value of certain paint or baking enamel sold and delivered to United. By its amended cross-complaint United sought damages from India for its losses (1) due to sticky paint, and (2) for losses occasioned by flash fires in its baking ov...
Views: 2
Plaintiff recovered judgment against Arc-Saws, Inc., a corporation, and George L. Duke in the sum of $10,000 plus interest, and defendants appeal. The court found the following material facts: Defendant Duke, an attorney at law, was in the month of January, 1947, and ever since has been an officer and director of defendant corporation; he was then attorney for plaintiff, who reposed the utmost ...
Views: 4
Plaintiff, a general building contractor, alleges in this action for declaratory relief that he was the lowest responsible bidder for the construction of a school building in Fresno; that he was entitled to the award of the contract for such construction; that contrary to law, the defendant board of education neglected and refused to award the contract to him and awarded it to the next lowest bid...
Views: 1
123 Cal.App.2d 626 (1954)
GEORGE E. RAYMOND, Appellant,
v.
FRESNO CITY UNIFIED SCHOOL DISTRICT et al., Respondents.
Civ. No. 4651.
California Court of Appeals. Fourth Dist.
Mar. 2, 1954.
Louis J. Coelho for Appellant.
Robert M. Wash, County Counsel (Fresno), John E. Loomis, Assistant County Counsel, and Crossland & Crossland for Respondents.
MUSSELL, J.
Plaintiff, a general building co...
Views: 0
This is an appeal from a judgment of the Superior Court of San Mateo County in a personal injury action in the sum of $5,500 and costs of $242.20 in favor of plaintiff Robert C. Lebkicher and against the administrator of the estate of Theola Louise Aitken, the deceased driver of the car involved in the accident, and Thomas Aitken, Jr., her husband.
The accident in which plaintiff was injur...
Views: 5
Plaintiff and appellant brought this action to quiet title to and establish a trust in certain oil rights, and for an accounting. The original complaint alleged that plaintiff was the owner of a one-sixteenth interest of all oil, gas and other hydrocarbon substances saved and produced from certain described parcels of land in Fresno County, which rights were commonly known as landowner’s royalt...
Views: 2
This is an appeal from a judgment granting a peremptory writ of prohibition commanding the defendants to desist and refrain from taking further proceedings in a criminal action, save and except to dismiss said action. The petition for the writ alleged, among other things, that a criminal complaint was filed in the justice court charging the petitioner with a violation of section 270 of the Labor C...
Views: 5
P. Wogman, the only child of Hans Petersen, a deceased trustor, her husband Waif rid, and their adult child Vincent, brought this action in equity against
*659
the trustee of the trust and the guardian
ad litem
for the unborn and unascertained heirs of Alta, to modify and/or terminate a trust created by the will of Hans Petersen, who died in 1928. Eggers, the guardian, f...
Views: 4
In a proceeding in eminent domain to acquire certain real property of the defendant, judgment was rendered in favor of the plaintiff, assessing defendant’s compensation and damages at $17,500 and awarding him costs in the sum of $47.09. Defendant appealed from the judgment and that appeal is pending. *670 After entry of the judgment and payment of the full amount of the judgment into court by...
Views: 5
The sole question, on this appeal is: Did the trial court abuse its discretion in denying defendant’s request for a continuance of the hearing on his application for probation f Defendant was charged in count one with a violation of Penal Code, section 337a, subdivision 1, and in count two with a violation of subdivision 3 of the same section. He entered a plea of guilty to count one. Proceedings ...
Views: 4
This is an appeal by plaintiffs from an adverse judgment in an action instituted by plaintiffs for injuries received as the result of a collision between plaintiffs’ car and a truck owned and operated by defendant company. Following the entry of the judgment, plaintiffs’ motion for a new trial was denied and this appeal followed. The collision occurred at a point on the Feather River Highway wh...
Views: 4
Page 679
Question: Does the evidence support the finding of the trial court that defendant had fully paid the $40 per month which the decree of divorce between the parties ordered him to pay for the support of their three minor children whose custody the decree awarded to the plaintiff? Our examination of the record convinces us that it does. Upon the basis of that finding, the trial court made an order re...
Views: 0
John R. Walker and Mural Tashjian were charged jointly with the crime of burglary with explosives. (Pen. Code, § 464.) On the first trial the jury was unable to agree on a verdict. Prior to the second trial Mural Tashjian pleaded guilty to the crime of second degree burglary. Walker was convicted in a second jury trial. He appeals from the judgment of conviction and from an order denying his motio...
Views: 0
Page 685
On June 14, 1948, petitioner filed with respondent board a written application for registration as an electrical engineer without examination. On March 29, 1949, he was notified by a letter from respondent board that his application was denied. Thereafter he filed a petition for a writ of mandate to compel the issuance to him of said certificate of registration. This appeal is- from a judgment ...
Views: 6
Question: When a verified complaint charging a violation of section 499 of the Penal Code is presented to the judge of a justice’s court, must the judge before filing the complaint and issuing process thereon examine the case, take evidence and determine therefrom that there is reasonable and probable cause to believe that the offense charged has been committed and that the defendant committed ...
Views: 4
Appeal from a judgment denying a petition for a writ of mandate to require the Commissioner of Corporations to grant a permit for the issuance of capital stock by Master Charge. The application to the commissioner was denied upon the ground that Master Charge had not procured a license as a lender under the Small Loan Law, sections 24200-24261, Financial Code.
Appellant proposes to engage ...
Views: 1
Plaintiffs above-named, husband and wife, filed an action against defendant for personal injuries and property damage alleged to have been sustained by them in a collision between automobile operated by plaintiff husband and a truck operated by an employee of defendant. Defendant in his answer denied any negligence on the part of-his employee, pleaded the contributory negligence of plaintiffs, an...
Views: 10
Plaintiff commenced an action against defendant seeking to quiet her title to certain real and personal property in the city of Sacramento and for damages resulting to plaintiff from the possession of said property by defendant. Defendant filed an answer denying the material allegations of the complaint and also setting up the defense that defendant was the owner of the property and that plaint...
Views: 8
This is an.appeal from a money judgment for the purchase price of certain meat and meat products which the trial court found were purchased by defendant from plaintiffs. The complaint was filed in San Joaquin County and the action was transferred to Solano County. The complaint contains three counts, i.e., a common count for goods sold and delivered, an open book account, and an account stated. Ea...
Views: 0
Plaintiffs appeal from a judgment of dismissal entered after the demurrer of defendants city of Bakersfield, Leland Gunn, Justus A. Olssen and Marian S. Irvin was sustained without leave to amend. The action was for injune
*729
tion against the city and its executive officers to prevent alleged irregular and unauthorized zoning and other action. The principal question involved is w...
Views: 1
Defendant appeals from a judgment in favor of plaintiff, in an action for violation of certain sections of the Highway Carriers’ Act. (Stats. 1935, ch. 223, as amended, now Pub. Util. Code, § 3501 et seq.) Questions Presented 1. Sufficiency of proof of service of Public Utilities Com- • mission’s decision establishing minimum rates. • 2. Sufficiency of pleadings. 3. Variance. 4. Was the...
Views: 0
This is an appeal from a judgment and an order denying a motion for a new trial. Appellant was charged in an indictment with eight counts of murder. He was convicted of the included offense of manslaughter in eight counts and was sentenced to the state prison at San Quentin for the period prescribed by law for each count, the sentences to run concurrently. Early in the morning of July 22, 1951,...
Views: 8
Page 753
Plaintiff and defendant were married in April, 1940. In October, 1951, plaintiff sued for divorce upon the grounds of extreme cruelty and desertion, seeking also the custody of their two children then 4 and 6 years of age, an order for their support, and an award to her of all the community property. Defendant filed an answer in propria persona in which he denied all of plaintiff’s allegations ex...
Views: 4
On May 1, 1945, appellants, Bert Ellis and Florence Ellis, as first parties, and respondent Hadley, as second party, entered into a written agreement whereunder they agreed to jointly associate themselves in raising turkeys for the market. The agreement contained *759provisions that fixed the term of the joint enterprise as ending December 15th of that year and declared that it could not be extend...
Views: 0
Under the authority of Reeves v. Reeves, 34 Cal.2d 355 [209 P.2d 937] the appeal in this case must be dismissed. The clerk’s transcript shows that judgment in the action was entered on April 7, 1952. A motion for new trial was made and denied on June 4, 1952, and notice of appeal was filed on July 3, 1952. The case was submitted to the court on an agreed statement of facts. There was ther...
Views: 2
Both parties have briefed this appeal on the assumption it was taken from the judgment. However, reference to the transcript discloses that the appeal is limited to the order denying plaintiff’s motion for a new trial. As it is settled beyond question (Code Civ. Proc., § 963, subd. 2) that an appeal does not lie from an order denying a new trial, this appeal must be dismissed, and it is so ordered...
Views: 0
Motion to dismiss appeal. This was an action brought by appellant to recover damages for personal injuries. The record discloses that on the 29th day of September, 1953, judgment was rendered for respondent and against appellant and said judgment was entered on October 1, 1953. No motion for new trial was made. Notice of appeal was filed on November 4, 1953, said appeal being taken to the District...
Views: 3
Appellant was charged with assault with a deadly weapon (Pen. Code, § 245) allegedly committed on December 7, 1952, and with two prior felony convictions. He pleaded not guilty to the assault but admitted the two prior convictions. He was found guilty by the court, jury trial having been waived. On December 7, 1952, an assault with a knife was perpetrated on appellant’s wife, with whom he was n...
Views: 6
From a judgment in favor of plaintiff after trial before a jury in an action to recover damages for the wrongful death of plaintiff’s husband, defendants appeal. Viewing the evidence as we must in the light most favorable to plaintiff (respondent) the essential facts are these: On December 26, 1950, defendant General Petroleum Corporation entered into a writing with' Southern California Gas Compan...
Views: 0
In this action for personal injuries sustained by plaintiff when hit by a taxicab owned by defendant Yellow Cab Company, a corporation, and operated by defendant Richard E. Byers, verdict and judgment were for plaintiff in the sum of $5,000. Defendants were granted a new trial ‘1 on the ground of the insufficiency of the evidence to sustain the verdict,” with directions that the new trial be had ...
Views: 2
123 Cal.App.2d 787 (1954)
Estate of DANIEL McSWEENEY, Deceased. EUGENE B. SWEENEY et al., Appellants,
v.
ALEXANDER J. WELTE, Individually and as Executor, etc. et al., Respondents.
Civ. No. 15825.
California Court of Appeals. First Dist., Div. One.
Mar. 15, 1954.
Edwin H. Williams and Donald B. Richardson for Appellants.
Dolwig, Davis & Miller for Respondents.
PETERS, P. J.
Daniel McSw...
Views: 3
Daniel McSweeney died on February 22, 1946, leaving an estate valued at $53,197.92. His will disposed of only a portion of his property. In April of 1946, Alexander and Eleanor Welte, husband and wife, were appointed joint executors of the estate, and have so served ever since. On May 29, 1950, a decree of partial distribution was rendered, ordering distribution of property valued at $36,446.97, a...
Views: 0
Page 799
Petition for writ of habeas corpus to secure release from custody under a commitment for contempt of court. Questions Involved 1. Upon a hearing of a contempt charge can the defendant be compelled to testify? 2. Is the affidavit for the order to show cause sufficient concerning disobedience of the court’s order? 3. Regularity of order appointing referee. 4. Effect of commitment on two counts,...
Views: 7
On September 17, 1951, defendant Teters executed and delivered to Wes Beeman Productions a promissory note for $3,800, payable November 1, 1951. Concurrently therewith, a preliminary agreement was executed by Wes Beeman Productions, as party of the first part, and John L. Carpenter and defendant Teters, as parties of the second part. This agreement provided that the note and property rights to a c...
Views: 0
This action involves renewal commissions on life insurance claimed by an agent to be due him from the general agent of Pacific National Life Assurance Company, and from that company. The parties entered into a written contract dated July 16, 1945. It was agreed that the agent would be paid commissions upon the cash premiums on new policies, in accordance with a schedule in the contract, and ren...
Views: 4
Appellant’s recovery was denied by a jury in his action for property damage and personal injuries resulting from a trivehicular collision on a public highway. His grounds of appeal are errors in the admission of certain testimony and in refusing to give a requested instruction. *815 About 4 o’clock in the afternoon while appellant was driving east on Anaheim-Telegraph Road in a small station ...
Views: 9
Page 819
On February 27, 1953, Mrs. Kahn sued her former husband for $93,000 and interest tin a judgment obtained by her on October 31, 1925, in Cuyahoga County, Ohio. * From her pleading as finally settled, it appears that prior to the judgment both parties resided in Ohio; that they were husband and wife and had three children, Rita, Helen and Joyce; Mrs. Kahn instituted an action, caused personal ser...
Views: 6
Page 826
Defendant, convicted of robbery, seeks a reversal on the grounds of (1) the insufficiency of the evidence, (2) deprivation of his liberty without due process of law, (3) admission of unlawful evidence, (4) rejection of offered instructions. The Evidence Is Sufficient Two associates of appellant, Dallas and Bernita Blumenthal, entered the Hofgaarden Medical Center, a hospital, in Alhambra, on ...
Views: 5
Action for damages for breach of contract. In a nonjury trial judgment was for defendant. Plaintiff appeals and contends that the findings and judgment are not supported by the evidence.
On August 16, 1950, plaintiff and defendant entered in a written agreement which recited in part: “I, Roy G. Vogel, agree to furnish the following to the buyer, Harold Fisch, representing Pure Foods Corporation: 1...
Views: 0
Appeal from an order of the probate court settling accounts and allowing commissions and fees.
Elizabeth C. Smith died testate on December 16, 1947. Her will was admitted to probate; and Dessie D. Johnston, named therein, was appointed executrix. Dessie died testate on August 18, 1949. On September 21, 1949, Emilie Choate, a daughter of Dessie, was appointed administratrix with the will an...
Views: 1
Plaintiff brought this action against A. Ablow, referred to as defendant, to recover moneys alleged to have been paid by him to defendant in violation of the usury law.
On March 29, 1950, defendant, through a broker, agreed to loan plaintiff $40,000, to be evidenced by two promissory notes: one for $35,000, due three years after date with interest at 6 per cent, principal and interest paya...
Views: 6
The complaint herein sought damages for fraud in reference to various false statements and representations made to induce the plaintiff to enter into certain written agreements relating to the production of stage plays to be presented at Harout’s Ivar Theatre in Hollywood. There was a cross-complaint by appellants Harout for breach of contract; likewise, a cross-complaint by appellant Engel for b...
Views: 1
These actions for personal injuries and wrongful death arose out of a collision in Madera County, California, between a 1936 Ford sedan in which the plaintiffs were riding, and a truck and trailer owned by John A. Lacey, doing business as Lacey Trucking Company. Defendant Fordiee was operating the truck at the time of the accident. Mr. Lacey is a resident of and has his principal place of busines...
Views: 1
Page 870
Plaintiff appeals from an order denying his motion for a final judgment of divorce. In 1949 plaintiff commenced an action for divorce. Defendant filed an answer to the complaint, and also filed a cross-complaint for separate maintenance. On January 31, 1950, after a trial, an interlocutory decree of divorce was granted to plaintiff; defendant was awarded custody of the two minor sons, 18 and 20...
Views: 6
Page 876
The first cause of action of the complaint alleged that within two years last past defendant became indebted to plaintiff for money loaned in the sum of $4,125, which defendant promised to repay, and credit was given for $225 paid on account. In the second cause of action it was alleged that the loans were obtained by means of fraudulent representations and pretenses of the defendant. The represe...
Views: 1
On August 18, 1952, appellant filed in the Superior Court of Yolo County a petition for her appointment as guardian of Thomas F. Lee, Jr., the 5-year-old child of appellant and respondent. Her petition alleged that the minor was a resident of Yolo County and was residing with her in said county; that respondent father resides at Columbus, Ohio; that by a decree of the Court of Common Pleas in F...
Views: 1
Plaintiffs commenced an action to recover for personal injuries and property damage resulting from a collision between a Lincoln two-door sedan and a dump truck loaded with gravel. Plaintiff Wilson was the driver of the Lincoln automobile, and the other plaintiffs were guests in the car. The dump truck was being driven by defendant Gurney, its owner. Defendant Gurney filed an answer denying the ma...
Views: 1
From a judgment in favor of defendants after trial before a jury in an action to recover damages for alleged negligence resulting from an automobile accident, plaintiff appeals. Facts: * April 8, 1951, at about 8:07 p. m. plaintiff was walking on the south side of Yentura Boulevard approaching the intersection of Berry Drive and said boulevard. At the *896 intersection where there were pa...
Views: 3
From a judgment in favor of defendants after trial before the court in an action for partition, plaintiffs appeal.
We do not pass upon the merits of the appeal in this case for the reason that appellants’ opening brief wholly fails to meet the requirements of rule 15(a), Rules on Appeal, 36 Cal.2d 1, 15. Rule 15(a) reads thus:
“Each point in a brief shall appear separately under an ap...
Views: 6
This action was commenced as one in interpleader. The plaintiff alleged that the defendants Eyman and Weller claimed adverse interests in the proceeds of a note given by plaintiff to Weller, and assigned by him to Eyman. By appropriate pleadings Weller and Eyman each claimed the money, Eyman relying on an assignment of the note and a claimed breach of contract and Weller claiming that the contrac...
Views: 1
This is an appeal from an order granting a change of place of trial.
The first count of the complaint in this action alleged that on January 30, 1952, an account was stated in the county, of Tulare by and between the plaintiffs and the defendants finding that $825 was due to the plaintiffs, which amount the defendants agreed to pay. In a second count, it was alleged that within four years last pas...
Views: 0
Appeal from an order denying a petition for a writ of error coram nobis. The appellant was charged with burglary and, in a second count, with assault with intent to commit murder. An attorney was appointed to represent him. An amended information was filed adding charges of three prior convictions of burglary, one in this state and two in other states. When appellant denied the *916 priors hi...
Views: 12
Defendant was charged with and was convicted by a jury of burglarizing the Palm Motel on December 31, 1952. A motion for new trial was denied. The claim on this appeal is that the evidence was insufficient to justify the verdict; that the testimony of an accomplice was not sufficiently corroborated; that evidence of similar offenses was inadmissible; that there was no proper identification of...
Views: 6
This action was brought by the state, through its Department of Public Works, to condemn the front 96 feet of a tract of land having a 300-foot frontage owned by the Schultz Company. The land abuts Highway 101 in Marin County and was condemned as part of a plan to convert the highway into a freeway, with certain outer highways as feeders. The jury fixed the value of the condemned parcel at $5,7...
Views: 4
Plaintiff appeals from judgments in favor of defendant California Toll Bridge Authority and defendant Department of Public Works sustaining demurrers without leave to amend to the complaint described in Bettencourt v. State, No. 15668, this day decided by us, ante, p. 60 [266 P.2d 201]. These appeals are companion appeals to the one there considered.
Defendants Toll Bridge Authority and Department...
Views: 0
Defendant was convicted of grand theft. He admitted two prior felony convictions, for which he was imprisoned in other states. The public defender represented defendant on his trial by the judge of the superior court. On his appeal, defendant has prepared his own briefs. He contends that the amended information does not state a criminal offense, and that the evidence is insufficient to support his...
Views: 0
The determination of this appeal depends upon the answer to this question: Was it error to admit evidence of the fact that, when arrested on the charge of driving a motor vehicle while under the influence of intoxicating liquor, the defendant declined to comply with the police officers’ request that he submit himself to an intoximeter test? We have concluded that it was not error, and that the jud...
Views: 1
Plaintiff brings this action to recover a balance of $2,600 alleged to be due and payable on a promissory note for $15,000 dated December 8, 1948, payable at $300 per month, principal and interest. Defendant Turgon admits his obligation on the note but claims the right of setoff for. the $2,600 balance. Defendants had judgment in the court below and plaintiff appeals. Plaintiff Sausser and defenda...
Views: 0
Defendant and appellant, Reuel S. Amdur, was convicted of a violation of section 12.1 of Ordinance No. 3262-N.S. of the city of Berkeley, in that said defendant on or about the 6th day of February, 1953, “unlawfully placed and caused to be placed on a sidewalk a table which obstructed, restricted, and prevented the use of a portion of said sidewalk.”
On this appeal appellant asserts (1) th...
Views: 9
The defendant appeals from a judgment for $2,500 awarded the plaintiff real estate broker for alleged services rendered by him in procuring a contract for the exchange of Fresno County property consisting of a motel.
The exchange was never, in fact, consummated because a condition understood, and stipulated to, by all of the interested parties was never fulfilled. The exchange agreement failed so...
Views: 1
The facts are agreed to by all parties. On the 20th day of December, 1951, appellants issued an automobile insurance policy to one Nora Lee Haskins, as the owner of a 1949 Crosley station wagon. Such policy contained the following insuring agreement;
“Coverage C—Medical Payments
“To pay all reasonable expenses incurred within one year from the date of accident for necessary medical, surgical, ambu...
Views: 1
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