Court Cases
| Most Popular Cases |  |
Cases with Faces | |
Cases by Type |  |
Cases by Reporter |  |
Cases by Year |  |
All Reporters → cal-app-2d → Volume 216
Opinions in cal-app-2d Volume 216
Jules J. Pedesclaux and a codefendant were found to be guilty by a jury of the crime of robbery. Pedesclaux has appealed from the judgment entered. The facts as shown by the record are as follows: The victim, Hing Kung, lived in Locke, California. On April 29, 1962, he went to Stockton, California, from Sacramento, California, and took a room at the MacArthur Hotel on Lafayette Street. He...
Views: 14
The People appeal from an order setting aside an information which charged the defendants with violation of Penal Code section 243, battery against a police officer, and violation of Penal Code section 148, resisting arrest. The case came before the superior court, just as it is before us, on the reporter’s transcript of the preliminary examination held in the Dos Palos Judicial District Court ...
Views: 6
Defendant Eldon 0. Haldane appeals in propria persona from an order of July 19, 1962, denying Ms motion for summary judgment of restitution against attorneys Leonard S. Sands and Colton, Thompson and Thompson, who represent respondent wife; also “from interim adverse orders of July 5, 1962 denying his motion to disqualify and discipline the said attorneys on stated grounds.” The motion itself i...
Views: 4
This is an appeal by proponent and appellant, Ruth P. Gonynor, of the will of John Rutledge Larendon, deceased, from a judgment denying probate thereof. The case was tried without a jury; judgment was entered following findings of fact that Larendon lacked testamentary *16 capacity and was unduly influenced by one Robert Dalton at the time he executed the will. Appellant contends the findings...
Views: 6
The p1aintiff, Frank James Thompson, on April 18, 1960, filed a complaint for damages, alleging that as a proximate result of the negligence of the defendants in the operation of an automobile it collided with a ear driven by him, causing him general damages for personal injuries in the sum of $90,000 besides medical and incidental expenses, loss of earnings, loss of use of his automobile, expe...
Views: 11
Appellant appeals from a judgment of conviction of possessing heroin (Health & Saf. Code, § 11500) entered after a plea of guilty.
Appellant and his wife, Jean Gannaro, were indicted on November 9, 1961, for an alleged violation of Health and Safety Code section 11500.5 (possession of heroin for sale). Their motion to dismiss the indictment made pursuant to Penal Code section 995 was denie...
Views: 10
Plaintiff wife appeals from an interlocutory decree of divorce, in her favor. While the notice of appeal is directed to the entire decree, both parties have treated the appeal as relating only to the property division incorporated therein.
The trial covered three days, almost all of which was devoted to the matter of the ownership of a piece of real property, referred to in the record as the 11 Or...
Views: 0
By information (SC 245144), the defendants and Virginia Aguilar were charged in Count I with conspiracy to commit abortions in violation of section 274 of the Penal Code and in Count II with attempted abortion in violation of section 664 of the Penal Code. Several overt acts were alleged in the conspiracy count. The information charged defendant MacEwing with a prior conviction of conspiracy and ...
Views: 21
Benjamin A. Dare, defendant below, appeals from an order denying his motion, made pursuant to section 675b of the Code of Civil Procedure and upon the grounds of his subsequent bankruptcy, to discharge the judgment rendered herein against Dare and in favor of respondent Yellow Creek Logging Corporation, hereafter for brevity referred to as Yellow Creek.
Respondent purchased from appellant ...
Views: 4
Plaintiffs seek damages arising out of their purchase from defendants of corporate shares for which no permit had been issued at time of sale. The ease was tried to the court, without jury. Judgment was for defendants on the ground the statute of limitations had run. Plaintiffs appeal. Four plaintiffs purchased stock in April 1952, and one bought additional shares in January 1953. Permit of the Co...
Views: 0
The question in this case is whether there is substantial evidence to support the finding that respondents Delight Wong and Stanley Mah were not partners in a firm purchasing supplies and insurance from plaintiffs’ assignors within four years prior to the filing of the complaints, the earliest of which was on January 29, 1957.
Facts and Law Relating to Alleged Partnership
In 1948,...
Views: 0
Plaintiff Victor R. Miller brought an action for money and an accounting against defendant-appellant Jack L. Ran (individually and as trustee of Aviation Export Company, Ltd., Inc.) as well as against other defendants who are not involved in the instant appeal. While there is no real disagreement between the parties as to the facts involved, it is the proper legal significance of these facts wh...
Views: 10
Defendant has appealed from the judgment rendered against it in this action which was brought on the theory that defendant, acting as an escrow agent for one Patricia Kennedy, had cooperated with her in fraudulently representing to the plaintiff that he would receive over $4,000 out of the escrow. The trial court did not find the allegations of fraud to be true, but based its judgment on the clos...
Views: 1
The plaintiffs, claiming that the defendant had a continuing obligation to account to them for a percentage of the value of the oil, and other hydrocarbon substances, that it obtained by slant drilling from under their land, brought this action for a declaratory judgment. The defendant not only confirmed the existence of differing views, by answer, but also filed a cross-complaint in interpleader,...
Views: 0
The sum of $10,000, one-half of that paid to the defendant under an insurance policy on the life of his one-time partner, is the main stake in this
*93
action. For several years preceding his death, Frank L. Esswein and the defendant were partners operating under the name of E & R Machine and Mfg. Co. The plaintiff, the widow and executrix of the will of Frank L. Esswein, claiming ...
Views: 0
Defendant was convicted by a jury of violation of section 211 of the Penal Code on four counts of robbery. A motion for a new trial and probation were denied. Sentence for the statutory period was pronounced. Defendant appeals from the judgment, sentence, and order denying a new trial. The contentions of defendant are: 1. There "was insufficient evidence for conviction. 2. The court erred in impro...
Views: 0
Appellants, City of La Habra, a municipal corporation and La Habra Civic Center Authority, a nonprofit corporation, petitioned in the superior court for a writ of mandate requiring the respondent as Mayor of the City of La Habra, to sign a lease in behalf of the city with the petitioner, La Habra Civic Center Authority. The matter is before us on a stipulated set of facts. In substance, the cit...
Views: 8
An information was filed charging the defendants with the violation of section 211a of the Penal Code by the armed robbery of Mrs. Sally Temple, a similar violation of armed robbery involving Mr. Temple, a count charging the kidnaping of Mrs. Temple, a similar violation as to Mr. Temple, a count charging violation of Penal Code section 459 for burglary and entering the dwelling house of Mr. and...
Views: 10
In this action on a building contract, plaintiffs and cross-defendants (hereinafter called appellants) appeal from a judgment, after a nonjury trial, which with one minor exception denies them recovery on their complaint and' awards defendants • and cross-complainants (hereinafter called respondents) the sum of $1,750 on their cross-complaint together with costs of suit and other relief. Appell...
Views: 7
This is an appeal by defendant property owners from a preliminary judgment in condemnation in favor of plaintiff city for the fee title absolute to certain property located in unincorporated territory of the County of Santa Barbara. The city council, by resolution, resolved that public interest and necessity required the acquisition of the property for airport clear zone purposes. It was stated...
Views: 0
In 1955, plaintiff purchased a new Ford automobile from Culver Motors, a dealer in Ford automobiles. In 1956, while driving in Colorado, plaintiff was involved in an auto accident whereby his car was badly wrecked and in which he received personal injuries. In 1957, plaintiff instituted suit against the Ford Motor Company (hereinafter referred to as Ford), and Goodyear Tire & Rubber Company (he...
Views: 8
In an information filed by the District Attorney of Los Angeles County, Juanita Josephine Shead and Charles Lee Cooke were charged with abortion in violation of section 274 of the Penal Code. Pursuant to jury waiver and stipulation of defendants and all counsel, *141the cause was submitted to the court on the testimony contained in the transcript of the proceedings had at the preliminary hearing. ...
Views: 0
This is an appeal by the plaintiff, Francisca Godinez, the administratrix of the estate of G. Godinez, as trustee on behalf of his heirs, from a judgment entered on a jury verdict in favor of all the respondents, in her action for wrongful death. Appellant’s husband died as a result of injuries received while a guest in an automobile owned and operated by the respondent, J. G. Beruman, which co...
Views: 7
Plaintiff has filed two separate notices of appeal. The first notice of appeal (filed October 9, 1961) discloses that plaintiff appeals “from the Judgment made and entered in said action, and from the Order denying plaintiffs [sic] Motion for New Trial in said action, and from the Order striking from the files the Declaration of plaintiff of bias and prejudice held by judge [sic] Benjamin Landi...
Views: 6
This is an action for damages for personal injuries resulting from a collision of plaintiff’s automobile and defendant’s truck at an intersection of streets in Los Angeles. Defendant filed a cross-complaint. Judgment, upon verdicts, was in favor of defendant upon the complaint, and *165in favor of cross-defendant (plaintiff) upon the cross-complaint. Plaintiff appeals from the judgment. Appellant ...
Views: 0
Plaintiff appeals from the order “granting Defendants’ Motions for an Order to Quash and Recall a Writ of Execution and for [sic] an Order Cancelling Judgment. ...” A brief résumé of the facts is as follows: On March 2, 1953, defendants executed a declaration of homestead (joint declaration of husband and wife). 1 It was recorded on March 3,1953. On October 1,1951, defendants and Hugo a...
Views: 1
This is an appeal from a judgment adjudging that plaintiff is not entitled to a refund of use taxes paid to the state in the amount of $181,385.61.
The taxes involved are for a five-year period from July 1, 1952, to June 30, 1957, and were assessed by respondent under the California Sales and Use Tax' Law and paid under protest by appellant.
*183
The facts were stipulated in ...
Views: 2
The People appeal from an order granting defendant’s motion to dismiss the information under section 995 of the Penal Code. He was accused of unlawfully possessing marijuana. The record on appeal does not include a recital of the contents of the motion. Said section 995 provides, in part, that an information must be set aside, upon motion of the defendant, if the defendant has not been legally ...
Views: 4
Plaintiff, the registered owner of a certain automobile, sued the City of Pomona and two of its police officers for conversion of the vehicle. The court rendered judgment for the defendants. Plaintiff has appealed. Plaintiff claimed that the two officers, as a personal favor to his former wife, required a party in rightful possession of the vehicle to give it up and deliver it to her. The defen...
Views: 3
Page 204
By this petition, National Automobile & Casualty Insurance Company seeks the annulment of a workmen’s compensation award made to Charles R. Gardner by the Industrial Accident Commission. In our opinion the award was proper under the governing law.
On August 17, 1957, Gardner was employed as a truck driver and swamper by the Ogier Hay and Grain Company. He sustained an injury to his back wh...
Views: 6
Petitioner is the plaintiff in a civil action which he began in the superior court to enforce a written contract of employment against his employers, National General Corporation (formerly named National Theatres and Television, Inc.) and its subsidiary, Fox West Coast Theatres Corporation, who will be referred to collectively as “National.” The latter made a motion in the superior court for an...
Views: 13
Page 222
Accused by information of three offenses of grand theft, defendant was convicted in a jury trial of two offenses; no agreement having been reached as to a third count it was dismissed and defendant was granted probation conditioned upon his spending 90 days in jail and paying a fine of $200. He appealed from the order granting probation as from a judgment. The offenses consisted of defendant’s ...
Views: 7
We set forth the history of the relations between the parties, and their contentions in this court, so far as we can ascertain them from the quite sketchy briefs on file and from our own examination of the record:
Defendant, Grace Baptist Church of Oxnard, desired to erect a new church. It located a plot of land suitable for that purpose, but which in area greatly exceeded the needs of the...
Views: 2
These are appeals from separate orders of the superior court sitting in probate in the estate of Harry Auslender, deceased. The cases were consolidated for decision in this court. The appeal in number 10592 is concerned with the following paragraphs of an order entered April 3,1962: “4. The Report and Second Account of Morris Auslen as Administrator, is hereby settled, allowed and approved in all ...
Views: 0
Appellant Forrest H. Seter is one of six defendants indicted and tried for conspiracy to commit theft. Three of said defendants, J. L. Levitt, Wallace Lund and Forrest H. Seter, were convicted. All three appealed but only Seter has filed a brief. Appellants Lund and Levitt were each duly notified by this court, pursuant to California Rules of Court, rule 17 (a) * that unless a brief was filed w...
Views: 9
Louis L. Moody was convicted by a jury of four violations of section 288 of the Penal Code. (Lewd and lascivious conduct with a child' under the age of 14 years “with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person or of such child, . . .”) Moody was found to be a sexual psychopath and committed to a state hospital for observation. A motio...
Views: 1
The front end of defendant’s freight train collided with the right side of plaintiff’s truck and trailer, which were stopped on the railroad track. This occurred on a clear, dry weekday in August, about 4:30 p.m., at the Davis Street crossing, in the City of San Leandro.
Plaintiff sued for damages to the truck and defendant cross-complained for damages to the train. Trial by jury resulted in a ver...
Views: 0
Page 260
This is an appeal by plaintiff Lewis J. Dwan, as administrator of the estate of Gerald Joseph Loftus, and as guardian ad litem, for Scott and Bard Loftus, from a judgment of dismissal entered upon the sustaining without leave to amend of the defendants Dixons’ general demurrer to his amended complaint for wrongful death and personal injuries. The action is grounded on an automobile accident t...
Views: 4
Bank of America appea's from an order sustaining certain objections to a guardianship account and directing that “a complete and proper accounting’’ be made. In effect, the order is a determination, on the merits, that the account filed is not complete or proper. This determination was made without the taking of any evidence on the issues raised by the objections. The facts follow. Egidio Tanferan...
Views: 0
This appeal by the City of Pasadena and other named defendants, hereinafter generally referred to as “appellants,” is taken from a judgment which declares that certain ordinances of appellant city regulating billboards are unconstitutional and enjoins their enforcement.
Ordinance No. 4487, hereinafter referred to as the “bill
*272
board ordinance,” provides, in part, that effe...
Views: 6
Plaintiffs, husband and wife, failed to pay their real property taxes levied on property at Malibu for a period of several years, longer than the period required for the County of Los Angeles (defendant) and the State of California (state) to acquire title thereto by tax sale and tax deeds. The action here is to quiet title and for declaratory relief, plaintiffs claiming ownership of the property...
Views: 0
Jose Gabriel Ballejos has appealed from a judgment of the superior court which was entered after a jury found him to be guilty of the crime of selling marijuana. (Health & Saf. Code, § 11531.) Rogiero Ballejos and Jack Wallace Gilbert, who have also appealed, were found to be guilty of the crime of possession of marijuana. (Health & Saf. Code, § 11530.)
It appears from the record that Calv...
Views: 5
Plaintiff, Mary G. Romero, had her hair bleached at Emma’s Beauty Salon, owned and operated by the defendant, Maree And’ra. The complaint alleged that plaintiff’s injuries were caused by the effects of chemicals negligently applied by the defendant’s employee, Jean Fowler. Before trial, the complaint was amended to include a count for breach of warranty. On this appeal from the judgment in favor ...
Views: 0
Plaintiff appeals from a judgment of $1,000, entered upon a jury verdict in his favor in an action for damages for personal injuries and loss of use of his automobile. The action arose out of an intersection collision between the automobiles of the parties. Liability was admitted by defendant at the commencement of the trial. The main issue on appeal is the adequacy of the award. To put the mat...
Views: 2
This is an appeal by the husband from an order denying him suit money in his wife’s action for divorce. The appeal is on a settled statement. The respondent-wife filed her complaint for divorce in November 1961, alleging extreme mental cruelty and seeking custody of the four minor children, alimony and child support. Appellant answered and asked that a divorce be denied on grounds oE condonation a...
Views: 0
Page 317
216 Cal.App.2d 317 (1963)
30 Cal. Rptr. 654
AMERICAN CONTINENTAL IMPORT AGENCY, Petitioner,
v.
THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; PASADENA INVESTMENT COMPANY, Real Party in Interest.
Docket No. 26993.
Court of Appeals of California, Second District, Division Three.
May 17, 1963.
*318 Paul, Hastings, Janofsky & Walker, Lee G. Paul, Frank D. Boren and Hiram W. Kwan for Petiti...
Views: 0
Defendants Franzo and Mary Borghi, husband and wife, appeal from a declaratory judgment granting plaintiffs Clyde L. and Marie W. Reese, husband and wife, a right-of-way of necessity over a parcel of land previously conveyed to defendants by plaintiffs. Defendants also appeal from an order denying their motion to strike plaintiffs’ cost bill. Although represented by counsel below, plaintiffs ap...
Views: 3
Plaintiffs Nola Anderson and Stanley Orme brought this action to recover damages for the wrongful death of their father, Fred Orme. The complaint alleged that defendant William Katz, a minor 19 years of age, had driven an automobile so negligently as to cause it to strike and kill plaintiffs’ deceased. It was further alleged that defendants Sam and Tillie Katz, the parents of the minor defendant, ...
Views: 0
In eight causes of action plaintiff, invoking the welfare exemption of the Constitution,
1
and the Revenue and Taxation Code,
2
sought return of real property taxes paid to defendant county for the tax years 1955-56 to 1961-62, inclusive. Demurrer to its amended complaint was sustained with leave to amend but plaintiff declined to
*346
amend, judgment was ente...
Views: 9
Plaintiffs, who had been given a money judgment against defendant following trial of a declaratory relief action, caused property to be seized by the Sheriff of Los Angeles County under a writ of execution to satisfy that judgment. Pursuant to sections 519, 549 and 689 of the Code of Civil Procedure, defendant’s wife filed claims of ownership by third person with respect to a certain portion of...
Views: 0
This is an appeal from a judgment denying a writ of mandate. The licenses of appellants to practice chiropractic were ordered suspended by the respondent, the Board of Chiropractic Examiners of the State of California (Board), and appellants sought mandate to require respondent to vacate its order of suspension. The cause was submitted to the superior court on the transcript of the proceedings be...
Views: 1
Defendant was in court on February 2, 1962, on a criminal charge of commission of a felony. The trial was continued to March 7, 1962, and defendant was instructed to appear at that time. He failed to appear on March 7 and the court ordered his bail forfeited and a bench warrant to issue. The order was entered in the permanent minutes on March 12, 1962. Notice of the forfeiture was sent to petitio...
Views: 2
The plaintiff, appellant herein, brought this action against the defendant, respondent herein, who is an osteopathic physician and surgeon, to recover damages for injuries claimed to be the result of a hemorrhoidectomy performed by the latter; alleged two causes of action, viz., one on the theory of negligence and the other for breach of warranty ; went to trial; after presentation of his case,...
Views: 5
This is an appeal by the defendant, Morris Cooley, from a judgment in favor of the plaintiff, Reynold Linder.
The action is based on a written contract dated October 12, 1960, between plaintiff and his then partner, one William J. Cairns, producers of charcoal by the kiln method, and the defendant, a producer and wholesaler of charcoal. The agreement, in material part, provided that Linder...
Views: 0
These are appeals from judgments in two separate actions involving the same parties and identical issues. They are particularly concerned with the cross-complaint filed in each of said actions by appellant, Eugene A. Taliaferro, against his former wife, respondent, Dorothy Davis, also known as Dorothy Taliaferro. This is another of a long list of appeals arising from the 1944 divorce of the par...
Views: 5
By the instant action, plaintiff Nancy E. Scott, as special administratrix of the estate of Harold Hill Scott, deceased, sought a declaratory judgment and other equitable relief upon the basis of plaintiff’s interpretation of the provisions of a property settlement agreement between said decedent and his former wife, the defendant Florence W. Scott. Said agreement was dated and purportedly was eff...
Views: 0
General Casualty Company of America appeals from a judgment rendered against it following a non-jury trial. Judgment was entered against the Colonial Escrow Corporation and Jack D. Bowman also, but no appeal has been taken by these defendants. As grounds for reversal, appellant urges that the evidence is insufficient to support the judgment and that the court abused its discretion in denying appel...
Views: 0
216 Cal.App.2d 430 (1963)
Estate of MAUDE W. WHETMATH, Deceased. P. W. McGREGOR, as Administratrix With the Will Annexed, etc., Petitioner and Appellant,
v.
MARY POTTER ROSBORO et al., Claimants and Respondents.
Civ. No. 26265.
California Court of Appeals. Second Dist., Div. Three.
May 21, 1963.
Charles D. Shaw for Petitioner and Appellant.
Joslyn & Joslyn, R. B. Joslyn and James L. Grub...
Views: 0
Maude Weatherby Whetmath executed a holographic will July 16, 1959; she passed away October 26, 1959. The will was admitted to probate, Paragraph 3 of the will reads: “Thirdly, I hereby will, give and bequeath to my uncle, Harry W. Ward, of 2122 First Street, Wyandotte, Michigan, all of my personal property, if he is living at the time of my death, but if he should not be living at the time of my ...
Views: 0
Plaintiff, Ralph C. Sutro Company, brought suit in interpleader. The interpleaded fund of $10,910.39 represents the balance of moneys held by plaintiff pursuant to a construction loan agreement between plaintiff and Hindry Properties, Inc. Western Investment and Title Company (Witco), claims the interpleaded fund under contractual rights and is opposed by the remainder of the defendants, respon...
Views: 7
The petitioner seeks a writ of prohibition to restrain the superior court from proceeding in accordance with an order whereby the action of
Joseph W. Fairfield
v.
Jesse A. Hamilton et al.,
“and each, every and all proceedings pending between any of the parties" was transferred by the presiding judge to the Honorable Alfred Gitelson “for all further proceedings under rule 4...
Views: 11
By indictment James Thiele, a Long Beach police officer, was accused in count I of having accepted a bribe of $3,000 in 1957. In counts III, VI, VII, VIII and IX, both Thiele and Harry Finch, who was also a police officer of Long Beach, were accused of soliciting one Henry, also a police officer, to accept and join in the acceptance of a bribe and join in the commission of extortion; in counts IV...
Views: 8
Defendants Bandy and Holman were charged jointly with uttering two checks in violation of Penal Code, section 476a. In other counts of the same information defendants Bandy and Callahan were charged jointly with uttering two other checks in violation of the same statute. The information charged defendant Bandy with two prior convictions for violations of the same statute, and defendant Callahan...
Views: 4
The applicant, a newsboy, filed a claim for workman’s compensation against the Herald and Mirror publishers, their insurance carriers, and the individual distributors of each paper.
Applicant was injured on April 28, 1961, when he fell off his bicycle while in the process of delivering both the Herald and Mirror newspapers along one route. At that time applicant was 14 years old. On Februa...
Views: 1
Pursuant to a “stipulation” executed by counsel for plaintiff, the default hearing on the complaint of real party in interest for a divorce was held by Commissioner John Leslie Goddard, purportedly sitting as a judge pro tempore of respondent court. The only issue before the court is the validity of Commissioner Goddard's designation as such judge pro tempore. If he was validly designated, the de...
Views: 10
Mandate to compel the Chairman of the Sacramento County Board of Supervisors to sign a contract with the Redevelopment Agency of the City of Sacramento and the city itself, as directed by a resolution of the board of supervisors.
The proceeding entails interpretation of certain language in article XIII, section 19, of the state Constitution. The
*482
constitutional provision w...
Views: 2
Page 491
Defendant appeals from the judgment entered upon a jury verdict finding him guilty of rape and from the order denying his motion for new trial. Upon defendant’s request, counsel was appointed to represent him on this appeal. This attorney has advised the court that after reviewing the record, he is of the opinion there are no meritorious grounds of appeal. Subsequently, defendant filed a brief,...
Views: 7
Appellant was convicted of robbery in the first degree for his part in a liquor store holdup, actually perpetrated by another. This appeal is based on alleged misconduct of the district attorney in alluding to appellant’s six prior felonies in cross-examination and argument, and in further assailing the credibility of appellant in argument. Appellant contends that the district attorney was guilty ...
Views: 10
J. C. Wattenbarger & Sons is a corporation engaged in the sale of building materials and supplies. It sued the defendants, Lester W. Sanders, Anna L. Sanders, Charles W. Hauser, Sherlene Hauser and the respondent herein, Roy L. Sanders, individually and doing business as C & L Construction Co., Ltd., a copartnership. All of the defendants except respondent Roy L. Sanders defaulted, and a judgme...
Views: 6
These consolidated actions seek damages for fraud in the sale of stock of Uni-Insurance Service Corporation. Trial opened before a jury, but on the sixth day jury was waived and the cases continued to judgment before the court alone. Defendant Pickrell was president of the corporation, defendant Emerson E. Wiser was vice-president and general manager, and both were directors, as were defendants...
Views: 1
Page 516
Plaintiff wife appeals from the interlocutory judgment of divorce entered herein. Her attack upon the judgment is based upon her assertion that the record fails to disclose that she understood or consented to the stipulations which (1) declared that the residence property owned by the parties was joint tenancy and not community property; and (2) required her to make the payments on this residence...
Views: 2
The appeal is from an order of thé Superior Court denying a motion to vacate the judgment entered in 1926, sentencing Fitzgerald to life imprisonment following a plea of guilty to murder. The People moved to dismiss the appeal upon the ground that it is frivolous; counsel was appointed to represent the defendant in opposition to the motion; the motion was calendared, was duly heard and submitted. ...
Views: 0
This is an appeal by plaintiff from a summary judgment in favor of defendants.
Plaintiff’s complaint alleged that defendants, two police officers in the employ of the City of Los Angeles, entered and searched plaintiff’s apartment without a search warrant or other legal authority, arrested plaintiff, seized certain goods belonging to him and accused him of having stolen them. In the course...
Views: 8
Petitioner is the assignee for collection of a firm of attorneys. These attorneys (hereinafter collectively referred to as “Beilensons”) were retained by the real party in interest to represent her in a divorce action. During the pendency of that action, respondent court made and entered its order directing the husband to pay directly to them the sum of $7,500 on account of attorney fees and $4...
Views: 2
In the second amendment to the complaint, plaintiff-appellant Clarence L. Holmes alleged that defendants Maceo Corporation, a corporation (hereinafter referred to as Maceo), National Award Homes of California, a corporation (hereinafter referred to as National), and Bank of America National Trust and Savings Association, a national trust and savings association (hereinafter referred to as Bank) w...
Views: 1
This is a second petition for review in this same case. This court’s review of the first petition (Messner v. Industrial Acc. Com., 4 Civil No. 7119, filed July 6, 1962) was concerned entirely with the issue of whether or not a noise-induced hearing loss was an “occupational disease” (Lab. Code, § 5412), or whether it was caused by a continuing trauma (Lab. Code, § 5411), and which statute of...
Views: 2
Defendant-respondent was charged in the Municipal Court of Oceanside Judicial District with the crime of violating section 2191 of the Oceanside Ordinance Code, in that on January 9, 1962, defendant was then and there a person who did willfully and unlawfully solicit, and peddle on private property, to wit: 428D Garfield Street in the City of Oceanside, not having been requested to do so by the...
Views: 6
This is an appeal by defendants Mark S. Fields and Growers Insurance Agency from a judgment in favor of plaintiff Xum Speegle, Inc., in an action for unfair competition and breach of fiduciary duty.
In this suit, defendant Fields was charged with wrongfully breaching his fiduciary duty as a director and officer of plaintiff corporation by establishing defendant Growers Insurance Agency, a ...
Views: 5
Page 559
Appellant Emma P. Weaver, beneficiary under a deed of trust, brought this action for declaratory judgment, for deficiency judgment, and for damages for waste allegedly impairing the security. The action is against the trustors, George and Myrtle Bay, against Goldie Selfridge, who expressly became an obligor on the note, and against strangers to the title, Calvin, Maureen, Elzy and Marie Jordan....
Views: 2
216 Cal.App.2d 563 (1963)
Estate of EDWARD B. GROSS, Deceased. NANCY GROSS HAYWARD, Petitioner and Appellant,
v.
BANK OF AMERICA, as Trustee, etc., et al., Objectors and Respondents.
Civ. No. 20887.
California Court of Appeals. First Dist., Div. Three.
May 23, 1963.
Beilenson, Meyer, Rosenfeld & Susman and Peter R. Cohen for Petitioner and Appellant. *565
Thompson & Thompson, Rankin,...
Views: 0
The appellant is an income beneficiary of a trust established by the will of Edward B. Gross, and appeals from an order denying her petition to require the trustees to sell certain trust property claimed by appellant to be unproductive of income. By his will, Edward B. Gross devised the residue of his estate to trustees who are respondents here. After providing for the payment of $200 per month to...
Views: 0
This is an action for personal injuries received when plaintiff’s car, standing at an intersection in obedience to a traffic light, was struck in the rear by defendant’s car driven by defendant’s agent. Plaintiff claims to have suffered a whiplash injury in the accident, which occurred on December 9, 1959, and that the whiplash had developed at the time of trial (April 26, 1962) into a herniate...
Views: 2
Upon arraignment defendant, represented by court appointed counsel, entered a plea of guilty to the information charging him with a violation of Health and Safety Code section 11530 (possession of marijuana). *577His application for probation was denied. Judgment was rendered; his sentence to run consecutively with an ineompleted sentence imposed July 8, 1959, for the violation of Health and Safet...
Views: 3
Bricklayers and Masons Union No. 1 of California and Bricklayers, Masons and Plasterers International Union of America and their officers and members seek a writ of prohibition to prevent further proceedings in a damage suit against them now pending in the Superior Court of Kings County; the application is based on the contention that that court lacks jurisdiction because the acts complained of...
Views: 3
In an action for support by a parent against an adult child, under sections 206 and 243 of the Civil Code, which resulted in a judgment in favor of the parent, may the trial court make an order for support and expenses pending the appeal from such judgment? This is the basic issue presented in this proceeding by the adult child seeking a writ of prohibition commanding respondent court to desist...
Views: 4
Plaintiff-appellant, Donald L. Currier, brought this action against defendants-respondents, County of San Diego, A. E. Gallagher individually and as Coroner, James T. Weston individually and as Chief Pathologist of the Coroner’s Office, Benjamin T. Williams individually and as Autopsy Surgeon of the Coroner’s Office of San Diego County. Three causes of action are alleged. The first alleges general...
Views: 0
Plaintiffs appeal from a judgment entered after an order for summary judgment was granted by the trial court against each of the plaintiffs-appellants herein and in favor of the defendant-respondent El Encino Company, a corporation doing business as The Four Winds Restaurant. Basically, the respondent’s motion was in the na
*600
.ture of a demurrer, but because there were allegatio...
Views: 10
The defendants obtained money under the Aid to Needy Children program through false representations ; on account thereof were charged and convicted of grand theft and conspirary to commit grand theft, i.e., violations of sections 484, 487.1 and 182 of the Penal Code; were granted probation; and appeal from the order granting such probation and from the judgment.
While the defendants althou...
Views: 6
Page 607
One Eldridge Rhodes and defendant-appellant Thomas S. Earl were charged with sex perversion, under Penal Code, section 288a. The jury trial was waived and both defendants were found guilty. The matter was referred to another department for sexual psychopathy proceedings. A motion for new trial was denied. Appellant was certified for examination as a sexual psychopath. A hearing was had and he was...
Views: 15
On November 27, 1951, E. S. Heward filed a complaint for money against Fred Cromwell and three other defendants. On July 8, 1954, default judgment was entered in Howard’s favor against all four defendants in the amount of $9,024.32. On July 1, 1955, Heward demanded that defendant Cromwell pay him the amount of the default judgment. Cromwell, who had previously been unaware of the judgment again...
Views: 7
Defendant, a licensed physician, was indicted and convicted on 22 counts, each charging a narcotic offense. He was sentenced on counts 1, 4, 5, 8, 9, 12, 13, 16, 17, 18, 20 and 22, the sentences to run concurrently. The other 10 counts were dismissed by the court on its own motion, in compliance with the preclusion of double punishment for the same act. (Pen. Code, § 654.)
Defendant has ap...
Views: 22
In this action to quiet title and for an accounting, the court rendered judgment for defendant solely upon the ground that the true party plaintiff, Charles N. Douglas, an attorney at law, had bought the chose in action which is the basis of the lawsuit, with intent to bring suit thereon, and that under the provisions of section 6129 of the Business and Professions Code, plaintiff is barred from ...
Views: 2
Page 645
Plaintiff brought this action to recover damages for alleged dental malpractice. She claims that in the course of defendant's dental work, he severed the nerve serving the left portion of her lower lip, causing numbness thereof. The court directed a verdict for defendant. Plaintiff has appealed from the ensuing judgment. Viewing the evidence in the light most favorable to the plaintiff since ...
Views: 0
The defendant Salem Development Co., Inc., has appealed from that portion of a judgment in an eminent domain proceeding which fails to allow interest on an award, and from an order of the court refusing to charge the jury with defendant’s proposed instruction respecting interest. The latter point is of no concern for the reason that if defendant is entitled to interest it is not a factual situati...
Views: 0
This is an action for injunctive and declaratory relief by which the plaintiff, appellant herein, seeks to set aside the selection of a junior college site, made by the
*658
board of trustees of a junior college district, which is one of the defendants and respondents herein, and to require that board to select his property for such a site. The trial court sustained a general demur...
Views: 5
This is an appeal from a judgment for the defendants in an action which grew out of the assignment by defendants to the plaintiffs, Pasadena Petroleum Corporation and W. C. Handel, of a landowners’ overriding oil and gas royalty. The other plaintiffs were in turn assignees of a portion of this overriding royalty. The plaintiffs sued on the theory that the defendants had wronged them by the reco...
Views: 2
Frank Carmichael has appealed from an interlocutory decree of divorce granted his wife, Doris Carmichael, for extreme cruelty. No attack is made on the sufficiency of the evidence to sustain the finding of extreme cruelty so it is unnecessary to set forth the evidence relating to that issue. The first major contention of appellant is that the trial court failed to give full faith and credit t...
Views: 3
Petitioner seeks a writ of mandate to compel respondent State Treasurer to prepare and sell $20,-000,000 in bonds as directed by a resolution of the State School Building Finance Committee acting pursuant to the State School Building Aid Bond Law of 1952 (now Ed. Code, §§ 19701-19715).
At its Second Extraordinary Session of 1952, the Legislature considered and acted upon a group of related...
Views: 13
Page 695
The defendant, appellant herein, by an indictment in three counts, respectively, was charged with a wilful failure to file a state income tax return for each of the years 1960, 1959, and 1958, with intent to evade the tax imposed, i.e., violations of section 19406 of the Revenue and Taxation Code; was found guilty on Count 1 as charged, and of a lesser included offense on Counts 2 and 3, i.e., a ...
Views: 13
This is an action for personal injuries sustained by plaintiff logging driver when a log rolled off a truck during a loading operation. The jury verdict was in favor of plaintiff and against defendants, Hampton Plywood Company,
1
a corporation, the owner of timber rights on the tract of land on which the accident took place, Kenneth B. McGuire,
2
a logger engaged in the re...
Views: 5
This is an action for damages for personal injuries resulting from an attack by a dog which was owned by a guard-patrolman, who was employed by defendant Dawn Patrol. In a jury trial, the verdict was for plaintiff for $15,000, and for the intervener (compensation insurance carrier for plaintiff's employer) for $7,986.27. Defendant’s motions for judgment notwithstanding the verdict and for a new...
Views: 4
The plaintiffs brought suit for specific performance of an agreement for the sale of real property. After a trial, judgment was entered in their favor on September 16, 1960. Thereafter, on September 30, 1960, the defendant filed a notice of a motion to set aside the judgment “on the ground that there was a lack of jurisdiction in the Court to make and enter said judgment.” That motion was heard...
Views: 1
Page 748
Defendant was indicted in Count I with violation of section 187, Penal Code, murder, and in Count II with violation of section 211, Penal Code, robbery. Defendant pleaded not guilty. Defendant personally and all counsel waived trial by jury and the matter was tried by the court. The court found defendant guilty on Count I, of murder in the first degree and fixed the penalty at life imprisonment. ...
Views: 3
Page 753
After a nonjury trial defendant was convicted of transportation of heroin in violation of section 11501, Health and Safety Code. He admitted three prior *755 narcotics convictions. He now appeals from the judgment. His attempted appeal from an order denying a motion for new trial is dismissed. (Pen. Code, § 1237.) Basic issue on appeal is defendant’s contention that incriminating evidence was i...
Views: 8
This is a proceeding in mandamus to compel the Board of Education of the City of San Diego to increase the amount of salary payable to a group of teachers *760 included within a previously designated salary classification • was instituted on behalf of the teachers in question; and resulted in a judgment in favor of the board, from which the petitioners have taken the appeal at hand. For sal...
Views: 8
Plaintiffs, Colonel L. Bowen and his wife, sued defendant, Daniel J. Cowett, an attorney, for malpractice and breach of contract by reason of his failure to carry out his employment of August 18, 1959, to move to set aside a judgment entered against the plaintiffs on March 13, 1959, in another action. The plaintiffs have appealed from a judgment of dismissal following a summary judgment favoring ...
Views: 1
Cross-complainant appeals from a judgment denying it recovery from cross-defendant upon warranties express and implied. The case originated by a complaint filed by Oberti brothers, operators of an olive processing and packing plant, to recover damages caused by contamination of olives from the use of a steam hose which gave them a phenolic taste. Plaintiffs joined both appellant, the distributo...
Views: 0
This venue question arises in a personal injury action. The complaint alleges that plaintiff was a *779 passenger in a bus of defendant Western Greyhound Lines, real party in interest, when, near Tucson, Arizona, it lurched, throwing her from her seat to the floor. Commenced in Los Angeles County, the action was transferred to San Francisco on defendant’s motion (Code Civ. Proc., § 397, subd. 1...
Views: 0
Page 780
An ex-serviceman, Bernard Kopf, died from injuries suffered in an automobile accident. He held two policies of insurance for the benefits of which his widow, plaintiff-respondent (hereinafter Shirley) and his parents, defendants-appellants (hereinafter collectively “parents”) advanced conflicting claims.
The question on this appeal is whether an agreement compromising these claims is bindi...
Views: 1
On December 30, 1961, at about 1:45 a.m., a man wearing sunglasses entered the Wishing Well Bar in Castro Valley, seated himself at the bar, ordered a beer, and when the bartender brought it, announced that he had a gun, which the bartender and a waitress saw in his lap, and demanded “all your money.” The bartender grabbed the gun and punched the man, who fled. The bartender and waitress identi...
Views: 9
Mrs. Sadie Jean Blackman has appealed from (1) an order denying her motion to vacate a final decree of divorce granted her, and (2) a subsequent order denying her motion for reconsideration of her previous motion. Appellant’s original motion to vacate was based upon the ground that the final decree of divorce previously granted her was procured by extrinsic fraud, assertedly practiced on her an...
Views: 1
Between plaintiff’s front yard and Lake Ellis in the City of Marysville is a gravel driveway approxi*799mately 10 feet wide, running in a north-south direction. Plaintiff, Mrs. Hughes, regards the driveway as her private property. The city regards it as a public street, being a prolongation of D Street north of 14th Street. In front of another residence separated by a single lot from plaintiff’s p...
Views: 0
The question on this appeal is whether a certain contract of guaranty covered indebtedness incurred after the date the contract bears (September 1, 1959) or only after the date it was actually signed (April 1, 1960). We hold that the earlier date applies.
In August or September 1959, Jim Dowd, vice-president and one of the owners of the two plaintiff corporations (hereinafter collectively ...
Views: 1
Raymond Carreras was convicted by a jury of the crime of burglary in the second degree. He has appealed from the judgment entered and from the order of the court denying his motion for a new trial. The latter is now a nonappealable order and the purported appeal therefrom must be dismissed. It appears from the record that the appellant, Raymond Carreras, was a casual acquaintance of Raymond Dal...
Views: 8
Plaintiff has appealed from a judgment of the superior court denying a writ of prohibition sought to restrain respondent municipal court from trying him on three complaints involving parking tickets. After the superior court denied the writ, a trial was held in the municipal court at which time the complaint on one ticket was dismissed, on another plaintiff herein was found not guilty, and on the...
Views: 4
This is an appeal from an order in a stockholders’ derivative action staying proceedings as to the first and second causes of action until 10 days after determination of a motion pursuant to Corporations Code section 834, subdivision (e), to require plaintiffs to furnish security as to the third cause of action. The issues presented by this appeal should never arise again since they represent...
Views: 6
In 1959, the court found Rojas and Hidalgo guilty of receiving stolen property (Pen. Code, § 496). Hidalgo, who operated an electrical contracting business, purchased certain electrical equipment knowing it to be stolen; Rojas was arrested unloading it from the truck. The original probation reports reveal that Rojas “was somewhat a victim of circumstances,” but that Hidalgo, who was under suspici...
Views: 4
The City of Redondo Beach filed an action in eminent domain involving property owned by defendant Guarino, appellant herein; while other answering defendants were represented by counsel, Guarino appeared in propria persona. On November 28, 1961, counsel for defendant Kumnick, the city attorney, and defendant Guarino demanded
*833
a trial by jury (joint pretrial statement, p. 2[1]
...
Views: 3
In the first count of an information the defendant Cantu and Noel Mathew Burns and Ronald Joseph Biffath were accused of the crime of conspiracy to violate section 288a of the Penal Code; it was alleged that the offense occurred on or about August 19, 1961. In the second count Cantu alone was accused of having violated section 288a of the Penal Code on or about August 11, 1961. It was further all...
Views: 2
We granted a rehearing in this case because at the time of preparing our original opinion we were under a misapprehension concerning an important circumstance. The circumstance involved the actual date and the conditions under which a negotiable draft bearing date of November 30, 1960, was issued to Himovitz, the third party claimant. Both parties to this appeal agree as to the actual event. No...
Views: 2
The instant action of interpleader was originally filed in the municipal court and, upon the filing of two cross-complaints seeking relief beyond the jurisdiction of said court, was transferred to the court below. We are concerned here only with the “cross-complaint to determine adverse claims” filed against the cross-defendant Davis, respondent herein, and others, 1 which set forth two separat...
Views: 0
A jury found defendant guilty of sale of heroin (Health & Saf. Code, § 11501). He ivas sentenced to prison, and appeals from the judgment.
Error is asserted only in claimed misconduct of the prosecutor. We find no merit in these claims.
In his opening argument, the deputy district attorney twice said “we rely upon the testimony” of the officer who, as an undercover agent, purchased th...
Views: 0
Appellant Wright and defendants Jackson and Malone were accused by information with kidnaping for the purpose of robbery (Pen. Code, § 209), robbery of one Bayliss (Pen. Code, § 211) and robbery of one Brody. A jury convicted Wright and Jackson of each offense charged; Malone was acquitted. As to Wright, the jury also found the robbery to be of the first degree and that he was armed as alleged in...
Views: 7
Mary L. McCarthy appeals from orders of the trial court (1) refusing to hear her application for an increase in the alimony payments theretofore awarded her; and (2) denying her application for an allowance of costs and attorney’s fees on her appeal from the first mentioned order on the ground that said appeal is frivolous. The facts are not in dispute. Appellant was awarded alimony by the term...
Views: 3
|
About Apps, Extensions & AI System Status Privacy Security Contact Us | |
