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All Reporters → cal-app-2d → Volume 221
Opinions in cal-app-2d Volume 221
Appellant Rufus Baker appeals from the judgment entered against him in an action in unlawful detainer. On August 21, 1961, plaintiff and respondent Martin T. Byrne filed his complaint in unlawful detainer against appellant Baker and two codefendants, Harold T. Corbett and his wife, Carol Corbett. According to the allegations of his complaint, respondent became the owner of certain real property, ...
Views: 4
In an information filed by the district attorney appellant, Guadalupe J ose Herrera, was charged with possession of heroin in violation of section 11500 of the Health and Safety Code, and two prior felony convictions, one for breaking and entering in New Mexico and a prior narcotics conviction. He was found guilty by the court sitting without a jury. The narcotics prior was found to be true, the ...
Views: 4
Claiming to be unlawfully restrained by the Chief of Police of the City of Los Angeles under a charge of violating section 52.51 of the Los Angeles Municipal Code, petitioner Martin seeks a release upon habeas corpus. The contention is that said section is void because the field has been preempted by state legislation. Sections 52.51 and 52.52 of said Municipal Code read as follows: Section 5...
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Plaintiff and defendant are corporations. Defendant, an advertising agency, placed plaintiff’s advertising in national magazines upon a commission basis. The relationship existed for a number of years until it was terminated by plaintiff in July 1961. It was customary for defendant to render monthly statements for plaintiff’s approval. After the employment of defendant was terminated plaintiff ...
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In a non jury trial the defendant was found guilty of violating subdivisions 1 and 3 of section 337a of the Penal Code. His motion for a new trial was denied. Probation was denied. On each count the punishment imposed was imprisonment in the county jail for a term of three months, the sentences to be served concurrently. The appeal is from the judgment. 1 The evidence which relates to the sol...
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Mildred Townsend died in 1961 and her will was admitted to probate. She bequeathed monies and personal property to several friends and relatives, disinheriting some relatives by noninclusion and by general reference. She provided for a trust for Don Q. Wade, son of her niece Violet Wade, with a contingent remainder to Violet should the son predecease his mother.
In paragraph 14 of the will...
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221 Cal.App.2d 29 (1963)
ANCHOR CASUALTY COMPANY, Plaintiff and Respondent,
v.
GORDON D. STRUBE, Defendant and Appellant.
Civ. No. 27104.
California Court of Appeals. Second Dist., Div. Four.
Oct. 8, 1963.
N.E. Youngblood for Defendant and Appellant.
Anderson, McPharlin & Conners, Robert E. Jones and Kenneth E. Lewis for Plaintiff and Respondent.
KINGSLEY, J.
This is an appeal by defendant...
Views: 4
Bartholomew Joseph Corbett died leaving surviving two daughters, Margaret Kordell and Theresa McCarren. He had executed a purported will and codicil on February 23, 1961, which Theresa offered for probate. Margaret objected to their admission, alleging undue influence on the part of Theresa and that the decedent at the time of the execution of the instruments was not of sound and disposing mind. T...
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Defendant appeals from a judgment of conviction of two counts of second degree burglary, He predicates his appeal upon the inadmissibility of an allegedly coerced confession, and asserts the duty of this court to determine independently the voluntary nature of such confession. Certain commercial establishments were burglarized and spark plugs, radios, money, mirrors and other personal property ...
Views: 3
David Wayne Mistretta and Jerry Albert Mitzlaff were each indicted for kidnaping for the purpose of robbery (Pen. Code, § 209), robbery (Pen. Code, § 211), forcible rape (Pen. Code, § 261), and aiding and abetting in forcible rape. They each entered a plea of guilty to simple kidnaping (Pen. Code, § 207), forcible rape, and robbery in the second degree. The trial judge ordered the sentences on th...
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Defendant Dolores C. Carlson appeals from an order dismissing for want of jurisdiction her motion to modify the interlocutory decree of divorce which had been granted to her and entered nunc pro tunc as of March 10,1960. The motion was noticed for hearing on September 7, 1960, but its presentation was deferred until March 16, 1962, pending disposition of a mandate proceeding wherein she sough...
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Defendants Arthur Ransom, Jr., Rosetta Ransom (T/N Rosetta Davis) 1 and Calvin Hutchinson were charged with robbery, and that at the time of the commission of the offense they were armed with a .38-caliber revolver. Arthur Ransom and Hutchinson were each charged with a prior felony. Ransom admitted the prior. The jury found all three guilty of robbery and fixed the offense at first degree as to...
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This is an appeal by the plaintiff from a judgment based upon a jury’s verdict denying damages for personal injuries.
Appellant sustained injuries while riding in a ear driven by Owen Nelson, who was killed in the accident. Appellant named as defendants the estate of the deceased driver, and the driver’s parents. In his complaint appellant alleged he
*64
was a guest in the car...
Views: 5
Petitioners Laura Ott
1
and Doris Peters appeal from the judgment entered against them following a proceeding to determine heirship under sections 1080 et seq. of the Probate Code. It was therein determined that appellants were not the granddaughters and pretermitted heirs of Belle Shepard, deceased.
At the trial the evidence introduced by appellants was largely documentary, alt...
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Page 81
Plaintiff appeals from the judgment entered upon a “nine to three” jury verdict in defendant’s favor. The only assignment of error is that the trial court erred in denying plaintiff’s motion for a new trial when it became known, following the receipt of the jury’s verdict, that one of the jurors had taken a copy of the Vehicle Code into the jury room and had read to the other members of the jury ...
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This is a petition for a writ of mandate to compel the lower court to hear petitioner’s motion for child *96 support and attorney’s fees during the pendency of an action brought by petitioner against her former husband, Paul Winchell, real party in interest. On March 8, 1963, the original complaint in the action was filed. It contained two counts based on an alleged written property settlemen...
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Defendant herein appeals from the judgment of conviction entered after a jury trial in which he was found guilty of selling marijuana in violation of section 11531 of the Health and Safety Code and of possessing marijuana in violation of section 11530 of said code. Appellant admitted a prior conviction of possession of marijuana. In conformity with the holding in Douglas v. California, 372 ...
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Plaintiff insurance company issued its policy of automobile liability insurance to one Gordon and such policy was in force on April 2, 1960, when the accident which underlies this litigation occurred. By its terms, the policy excluded coverage of
1
‘ any automobile while used as a public or livery conveyance.” Gordon, an employee of defendant Normandie Club, regularly carried persons...
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By an indictment of Los Angeles County grand jury, defendant was charged with selling .narcotics, heroin, in violation of section 11501 of the Health and Safety Code. The indictment was subsequently amended to charge two prior felony convictions, (1) possession of narcotics, a felony, and (2) violation of the Dangerous Weapons Control Law, also a felony. Defendant pleaded not guilty. Trial was ...
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Plaintiff appeals from a summary judgment in favor of defendant Robert H. Delafield. The judgment was granted on the ground that plaintiff, though obliged by statute to file claim under both section 801 and section 803 of the Government Code, had not complied with either of said sections.
1
There is no dispute, for the present purpose, about the facts, which are set forth in the pl...
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221 Cal.App.2d 119 (1963)
JAMES KEVIN McMAHON et al., Plaintiffs and Appellants,
v.
EARL L. MADDOX et al., Defendants and Respondents.
Civ. No. 26781.
California Court of Appeals. Second Dist., Div. Two.
Oct. 11, 1963.
Higgs, Fletcher & Mack and Marshall L. Foreman, Jr., for Plaintiffs and Appellants.
Callaway, Kirtland & Packard and Judith O. Hollinger for Defendants and Respondents. *121
...
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This court issued its alternative writ of prohibition upon petitioner’s allegations to the effect that respondent court was acting in excess of its jurisdiction in refusing to grant petitioner’s motions (1) to dismiss the pending divorce action following the death of his wife, the plaintiff therein; (2) to terminate the receivership existing in the action, and (3) to prohibit the substitution of ...
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Following trial by jury, Edward Maldonado was found guilty of count II of the information, issuing a check without sufficient funds, and count III, forgery of endorsement, in violation of Penal Code, sections 476a and 470, respectively. Defendant admitted the allegation of the information that he had suffered a prior conviction of grand theft and did not take the stand. He was found not guilty of...
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The appeal is from a judgment in favor of defendant owners of hotel property and against a mechanics’ lien claimant-plaintiff after a court trial. The question is the sufficiency of either or both of two posted and filed-for-reeord notices of nonresponsibility to block the claim of lien. Plaintiff contractor admittedly performed and supplied unpaid-for work and materials on a hotel remodeling j...
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Argonaut Insurance Company and M. J. Hermreek, Inc., were granted a writ of review directed toward the consideration of an award of $17,500 as a death benefit made by the Industrial Accident Commission to Lola Lee Cuddy, widow of decedent, James J. Cuddy. In the process, the original decision of the trial referee denying relief was set aside by the commission, and the present conclusion reached b...
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This case turns on construction of a policy of automobile liability insurance issued by defendant Norwich. The question is whether the policy requires Norwich to defend an action brought by its named insured against one asserted to be an additional insured by reason of his permitted use of the insured automobile.
Defendant’s policy was issued to Marcelin Chlemens. By it, Norwich agreed to ...
Views: 6
The County of Los Angeles and Bethlehem Star Parade Association, a corporation, hereinafter referred to, respectively, as the “County” and the “Association,” appeal from the judgment of dismissal which was entered after they had failed to amend their petition seeking a writ of mandate within the time allowed by the order sustaining respondent’s general demurrer. By their petition, appellants sough...
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Petitioner herein seeks a writ of mandate or prohibition to restrain respondent court from ordering the taking of petitioner's deposition for discovery purposes during the time an arbitration is pending between the parties. He also seeks to set aside an order of respondent court denying and striking his motion for the appointment of a receiver and for the issuance of a preliminary injunction.
...
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Petitioners seek by writ of mandate to annul an order granting a new trial, and by prohibition to restrain respondent court from proceeding with a retrial of an action entitled
“John B. Theriot, Alma Theriot and Mont Boyal Memorial Hospital, a corporation, Plaintiffs,
v.
Amacorp Industrial Leasing Co., Inc., a California corporation, and George M. Anderson, Defendants,”
Nu...
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This is an action for damages sustained by plaintiff when its furniture moving van was struck by defendant’s electric railway car on July 14, 1959. Liability was admitted and the action was tried by a court sitting without a jury on the damages issue only. The judgment was for $3,600, from which defendant appeals.
Defendant’s contentions here are that the trial court refused to make findi...
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After trial by jury, defendant was found guilty of rape as to one victim and not guilty of *188 assault with intent to commit rape as to another person. Thereafter, the court granted defendant a new trial on the rape charge. At the second trial before a jury defendant was again convicted. A motion for new trial was denied and probation granted conditioned on imprisonment for the first six month...
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Margaret F. Jilison filed an application with the Supervisors of the County of Sacramento sitting as a board of equalization for the reduction of the assessment on her property. The matter was heard and at the conclusion of the hearing the application for the reduction of the assessment was denied. Mrs. Jillson then sought a petition for a writ of mandate or a writ of review (certiorari) in the...
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Plaintiffs have appealed from a judgment entered after the court sustained general demurrers and special demurrers without leave to amend for uncertainty of defendants and respondents Home Federal Savings and Loan Association (hereinafter called Home Federal) and Land Title Insurance Company (hereinafter called Land Title) to plaintiffs’ second amended complaint.
Home Federal is charged in...
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This is a dispute between adjoining landowners. For convenience J. K. Stickney, Jr., plaintiff, cross-defendant and appellant will be called plaintiff. His wife, Elizabeth Lee Stickney, cross-defendant, has not appealed. Defendants, cross-complainants and respondents, Joseph Nemir and Marjorie Nemir, will be referred to as defendants. The case involves a triangular piece of property at the northw...
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Page 213
This is an appeal from a judgment in favor of the plaintiff, Verna Holt, in an action on the common counts. The grounds of appeal are that the findings are not supported by the evidence and that the complaint does not state a cause of action. Neither of these grounds of appeal is sustainable. The complaint alleged that on or about November 15, 1958, plaintiff transferred possession of a 1952 Ca...
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This is an appeal from an order dated August 3, 1962, revoking probation. Appellant contends that the order is void and that he must be released from custody because: 1) he has fully served his sentence and had not been granted probation; 2) the court had no power to grant him probation under section 11715.6 of the Health and Safety Code; and 3) he was denied his right to refuse probation. We hav...
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Page 224
Defendant was convicted by the court, sitting without a jury, of a violation of section 12021 of the Penal Code (possession of revolver by ex-convict) and of a violation of section 11500 of the Health and Safety Code (possession of heroin). He admitted prior felony convictions of robbery and of possession of narcotics, as charged. Appellant raises only one point on appeal, the sufficiency of th...
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In the first cause of action (referred to therein as one for declaratory relief), plaintiff sought to recover commission as a real estate broker. In each of the three other causes of action, it was alleged that defendant became indebted to plaintiff in a specified amount of money (different amount in each cause of action) for services rendered as a real estate broker at the special instance and r...
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Page 236
This is an action for damages for personal injuries caused when a chauffeur-driven automobile in which plaintiff was riding ran into the rear end of a stopped bus. The defendant (chauffeur) objected to the introduction of evidence on the ground that the amended complaint as further amended did not state facts sufficient to constitute a cause of action. It was amended by various interlineations,...
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Page 240
Defendant was accused in count 1 of grand theft in that on October 15, 1961, he feloniously took an *242 automobile, then the property of Martin Leasing, Inc. In count 2 he was accused of violating section 10851 of the Vehicle Code in that on October 15, 1961, he feloniously drove an automobile, the property of Martin Leasing, Inc., without the consent of and with the intent to deprive the owne...
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This is an action to recover under the double indemnity provisions of a life insurance policy issued by the defendant insurance company, respondent herein, insuring a man named Wilson, since deceased, and designating the latter’s wife as beneficiary, who assigned her claim thereunder to the plaintiff appellant herein, Pertinent provisions of the policy declare: “If the death of the insured ......
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Plaintiff, City of Gilroy, appeals from a judgment in defendant’s favor in the sum of $1,155, entered after a nonjury trial, in an action in eminent domain brought to condemn an easement and right-of-way for the construction, maintenance, repair and replacement of an underground sanitary sewer.
Defendant’s entire property is a 27-acre prune orchard operated by the defendant Angelina Filice...
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Defendant Harry Avington was convicted after trial by jury of violation of Penal Code, section 270. Defendant appeals from the judgment of conviction and from the order denying his motion for new trial. The latter order is no longer appealable. (Pen. Code, § 1237.) The record shows that Clara Avington, the wife, was the sole witness for the prosecution; that five children were born of the marri...
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This is an action by a trustee in bankruptcy to recover the value of property transferred by the bankrupt while insolvent, without consideration 1 and with *281 actual intent to defraud creditors. 2 After a trial without a jury the court gave judgment for plaintiff and against the transferee for the value of the property, less certain encumbrances, plus interest from the date of the transfe...
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Page 291
Robert Volk was found guilty by a jury of the crime of robbery in the first degree. His motion for a new trial was denied and he has appealed from the judgment and from the order denying his motion for a new trial. The order being nonappealable the purported appeal therefrom is hereby dismissed.
Appellant does not attack the sufficiency of the evidence to support the judgment so it is unne...
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Three brothers, Howard, Phillip and Thomas Crittenden were each left an undivided one-third interest as heirs of certain commercial property under a decree of distribution of their mother’s estate. Being unable to agree among themselves, Howard and Phillip brought a complaint in partition for sale of the premises. The defendant, Thomas, did not answer or make an appearance within the required tim...
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In a declaratory action to determine rights under a stock purchase agreement, defendants appeal from a judgment declaring the agreement binding. Defendants also move this court to take certain evidence and to make certain findings of fact and conclusions of law.
QUESTIONS PRESENTED.
A. Main Appeal.
1. Is the character of the stock divisions involved, and what is the effect of...
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This petition for writ of mandate to compel respondent to omit a proposed initiative ordinance from the ballot to be used at the special election to be held November 5, 1963, arose out of the following sequence of events: In 1874 Fresno County, by grant deed, acquired a 14-acre parcel of land in what is now the center of the City of Fresno. Although the deed contained the provision “to be used fo...
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Appellant was a holder of preferred shares of West End Chemical Company when that company was merged with defendant Stauffer Chemical Company by vote *330 of the shareholders on September 25, 1956, and appellant dissented from the merger. On January 28, 1957, appellant brought an action against West End Chemical Company to have the fair market value of his shares determined. The court set the v...
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Plaintiff appeals from judgment for defendant in this action for cancellation of instruments. In April 1958, plaintiff sought loans from defendant Swartfager and Frank Stevenson. He deeded to Swartfager property owned by plaintiff in Kansas, and thereafter received some $1,300 in loans. In July, an agreement was executed by which: Swartfager acknowledged that the deed to him was given as security ...
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221 Cal.App.2d 336 (1963)
THE SARAH DIX HAMLIN SCHOOL, Plaintiff and Respondent,
v.
THE CITY AND COUNTY OF SAN FRANCISCO, Defendant and Appellant.
Civ. No. 21085.
California Court of Appeals. First Dist., Div. Three.
Oct. 18, 1963.
Thomas M. O'Connor, City Attorney, Agnes O'Brien Smith and Orville I. Wright, Deputy City Attorneys, for Defendant and Appellant.
Brobeck, Phleger & Harrison and ...
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Petitioner, being then imprisoned in the Federal Prison at McNeil Island, Washington, petitioned this court for a writ of mandamus to compel respondent District Attorney of Los Angeles County to cause petitioner to be brought to trial, or, in the alternative, to dismiss a criminal proceeding allegedly pending against him in the Munici *345 pal Court of the Los Angeles Judicial District, and fur...
Views: 0
221 Cal.App.2d 347 (1963)
Estate of FRED W. PELLETIER, Deceased. PERRIN H. GUYTON, Petitioner and Appellant,
v.
MELVINA STRICKLAND, Objector and Respondent.
Civ. No. 254.
California Court of Appeals. Fifth Dist.
Oct. 18, 1963.
Clawson & Jennings and Lawrence W. Clawson for Petitioner and Appellant.
No appearance for Objector and Respondent.
STONE, Acting P. J.
Testator died in 1961 and...
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Testator died in 1961 and his will, executed in 1950, was admitted to probate the same year. He left $10,000 of his $372,814.01 estate to the brother and three sisters of his predeceased wife, the residue was devised and bequeathed in trust to Bank of America National Trust & Savings Association, providing a monthly income to his only child and after her death, monthly payments for the support of ...
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Thomas Mahoney died on January 13, 1956, as the result of injuries received on December 15, 1955, when an overhanging boulder dropped on him from the roof of a tunnel under construction. His widow and two daughters brought this action for damages for his death. Defendant is the manufacturer of both the dynamite and the blasting caps used in holing out the tunnel. These caps are designed to caus...
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Defendant insurance company issued a health and accident policy to plaintiff Walter M. Callison, effective February 5, 1958, which policy also covered his son, plaintiff Russell Callison, aged 6 years. It provided for payment of expenses incurred while “necessarily confined in a hospital... as the result of injury or sickness.”
On March 21, 1960, the boy was severely burned in a fire and w...
Views: 1
Following a collision between plaintiffs’ Cadillac and defendants’ truck, plaintiffs (husband and wife) recovered a judgment of $1,103.43 for damage to their Cadillac. The wife was driving and will be referred to hereafter as “respondent.” Defendants’ appeal raises but one issue, whether the evidence is sufficient to sustain the trial court’s finding that their truck driver was negligent. The...
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This is an appeal from an order fixing the inheritance tax in the estate of R. J. Patell. The parties have stipulated that R. J. Patell and Riyoko Patell were married August 3, 1927, in Japan. They established domicile in California in 1940, and R. J. Patell died testate June 2, 1960, domiciled in and a resident of Marin County, California, leaving as his surviving spouse Riyoko Patell, also a ...
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Page 383
The record in this case is voluminous and there is substantial conflict as to many of the facts. However, as is our duty on an appeal, we limit our statement to the facts found by the trial court and sustained by the evidence, and to the version most favorable to respondent.
1
A company known as “Nips, Inc.,” located in New York, originated the concept of bottling and merchandising...
Views: 1
221 Cal.App.2d 392 (1963)
EDMOND BESHARA, Plaintiff and Respondent,
v.
WILLIAM GOLDBERG, Third Party Claimant and Appellant.
Civ. No. 27021.
California Court of Appeals. Second Dist., Div. Four.
Oct. 21, 1963.
Milton Zerin for Third Party Claimant and Appellant.
John Hay for Plaintiff and Respondent.
BURKE, P. J.
[1a] The issue in this appeal is the validity of a purported levy of attachme...
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This appeal is from a conviction of murder in the second degree and of assault with a deadly weapon. There are many assignments of error, most of which we find unsubstantial; some need not be discussed. The contention most earnestly urged is that the district attorney who prosecuted the case was guilty of prejudicial misconduct and of bad faith throughout the trial and in his argument to the ju...
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Appellant was charged with forcible rape, tried to a jury and convicted. He appeals from the *409 judgment. The prosecutrix lived near where the appellant resided. About 1:30 a.m. on August 4, 1962, she was awakened by a young Negro man who, covering her mouth with one hand while he held a knife to her throat with the other, proceeded to rape her. The sole contention on appeal is that the ident...
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This is an appeal by plaintiff from a judgment after jury trial for defendant in an action for damages for personal injuries arising out of a collision between two automobiles under the following circumstances:
Defendant was driving his automobile going north on United States Highway No. 101, in the County of Sonoma, on June 3, 1959, at about 5:35 p.m. The said highway in the area of the c...
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General demurrer, on the ground that no cause of action was stated, was sustained with leave to amend, but plaintiffs declined to amend. Judgment for defendant Marvin Bosefield was entered, and plaintiffs appeal. The complaint, by Kelly Bosefield, a minor, by her guardian ad litem and by Manon Bosefield, her mother, is directed against Marvin Bosefield, the child’s grandfather who is the mother’s...
Views: 6
The record herein consists of an agreed statement on appeal. There is no clerk’s transcript or reporter’s transcript. The pleadings are not before this court. Plaintiff, a chiropractor, had obtained from the defendant insurance company a policy of liability insurance which would indemnify him for any judgments rendered against him for such an injury as that involved herein, unless such liabilit...
Views: 1
Page 443
The Appellate Department of the Superior Court of Los Angeles County certified this ease for transfer to this court. Defendants Ross, LaRue, and Pope were accused in a complaint filed by the City Attorney of Los Angeles with violating section 415 of the Penal Code, a misdemeanor (disturbing the peace). Defendants were arraigned and were released on bail—$105 each as to Ross and LaRue, and $525 ...
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In an information filed by the district attorney of Los Angeles County, defendant was charged with the crime of robbery, a violation of Penal Code section 211. The information alleged a prior felony conviction. Defendant pleaded not guilty and denied the prior conviction. During *450 the course of the trial, however, defendant out of the presence of the jury, admitted the prior conviction to he...
Views: 1
Ernest A1 Boles was convicted by a jury of the crime of receiving stolen property. He has appealed from the judgment which was entered and from the order of the court denying his motion for a new trial. The latter is now a nonappealable order. (Pen. Code, § 1237.) The owner of a men’s wear store in Red Bluff discovered on the morning of February 4, 1963, that during the weekend some merchandise...
Views: 8
Page 460
Defendants Louis C. and Eduarda S. Moore appeal from a money judgment for plaintiff John B. Ehman in an action to recover on a promissory note. Appellants’ sole contention is that the trial court erred in terminating the trial and ordering judgment for respondent before appellants had had an opportunity to complete their defense. Under this general assignment of error, appellants specify that t...
Views: 0
221 Cal.App.2d 464 (1963)
ERWIN C. NIELSON, as Administrator with the Will Annexed, etc., Plaintiff and Appellant,
v.
WILLIAM H. RUEHL, et al., Defendants and Respondents.
Civ. No. 20959.
California Court of Appeals. First Dist., Div. Three.
Oct. 23, 1963.
Richard F. Backman for Plaintiff and Appellant.
Clark L. Bradley for Defendants and Respondents.
DRAPER, P. J.
This is a father-son dis...
Views: 0
Page 466
There are two motions to dismiss appeal before this court. One motion is by the respondents Michael Wind, et al. The other motion is by the People of the State as intervener. The action is for an injunction enjoining defendant Hite, as registrar of voters, from submitting a certain proposition to the voters of Los Angeles County at the general election to be held on November 6, 1962. The proposit...
Views: 0
This is an appeal by plaintiffs [i.e. purchasers] from a judgment of dismissal in an action wherein plaintiffs sought specific performance of and damages with reference to a sales agreement for the purchase of real property.
The pertinent facts will be set forth under the various contentions. The first issue is whether the contract for the sale and purchase of the subject real property is...
Views: 0
Plaintiff, who holds a degree of Doctor of Philosophy in Geophysics, is an expert in the art and science of reading and evaluating electric logs of oil and gas wells. After a period in which plaintiff had performed services for defendants as a consultant, in March 1955, plaintiff and defendant Calhoun 1 entered into an oral agreement whereby plaintiff was retained by defendant on a part-time ba...
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Plaintiff was a defendant in a divorce proceeding. Judgment was entered against him from which he appealed. The appeal was unsuccessful and a hearing was denied by the Supreme Court. (Haldane v. Haldane, 210 Cal.App.2d 587 [26 Cal.Rptr. 670].) Thereupon plaintiff brought an action in equity to set aside the judgment (the interlocutory decree of divorce) entered in the former action, alleging ...
Views: 0
In this action to foreclose a mechanics’ lien, plaintiffs had judgment against Eichler Homes, Inc. (hereafter called Eichler), Freeman Paving Company (hereafter called Freeman), William Stecker, an individual doing business as W. H. Stecker Company, and United Pacific Insurance Company (hereafter called United). All of said defendants except Stecker appeal therefrom.
We set forth the follo...
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The trial court found defendant. guilty of having amidone in her possession in violation of section 11500, Health and Safety Code, and that she suffered two prior felony convictions (narcotics and robbery). Appealing from the judgment she claims there was no probable cause for her arrest. Defendant did not take the stand; only two witnesses testified—a police chemist, who testified that exhibit 1...
Views: 8
This is an action on an agreement of indemnity executed by respondents Sayan under which they indemnified appellant against loss on a performance bond executed by it. This faithful performance bond recited that Lanco Development Corporation, hereinafter called Lanco,
*504
had entered into a written contract with North American Aviation, Inc., hereinafter called North American, “for...
Views: 2
Plantiff, a licensed real estate broker, brought action against defendants PosalsMs, “buyers,” and defendant Gilmore, “seller,” for damages arising out of the failure of the parties to complete a sale of real property. Both buyers and seller demurred. Buyers’ demurrer was overruled and is not an issue on appeal. Seller’s general demurrer was sustained as to all counts. Plaintiff filed his amend...
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Plaintiffs are the widow and minor children of a workman who was killed when a machine, manufactured by respondent and sold by it to plaintiffs’ intestate’s employer, accidentally started. Claiming negligence and breach of warranty, plaintiffs sued four California corporations, a Connecticut corporation, and respondent, an Illinois corporation. All of the defendants except respondent have appea...
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When Mitzi Martinez, a minor, plaintiff-respondent here, was 3 years old she lost her right eye. Through her mother as guardian ad litem Mitzi brought this action to recover damages. She obtained a judgment for $150,000 against defendants-appellants, Benjamin Rex Moore and Vivian Moore, individually, and doing business as Rex Moore Company, a copartnership. The Moores appeal.
Joseph French and Loi...
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Page 525
Defendant was convicted of violation of Penal Code section 470 (forgery). He appeals contending principally that (1) there was no corroboration to the testimony of his accomplice and therefore insufficient evidence to support the conviction; and (2) that evidence of his own extra-judicial statement received in evidence as an admission was inadmissible hearsay. Both contentions are unsound. Defend...
Views: 0
This is an appeal by the City of Alameda, the Pension Board of the City of Alameda, and the individual members of said pension board, from a judgment directing them to pay respondent Robert E. DeCelle, for the duration of his lifetime, a monthly pension in an amount *531 equal to 13/50ths of the monthly salary being paid to members of the City of Alameda Fire Department holding the rank of lieu...
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This is an appeal from a judgment and from an order denying a motion for a new trial. The judgment was in favor of Becky Jane Stevers and against Barney R. P. Saunders in an interpleader action brought by the Union Central Life Insurance Company to determine the beneficiaries entitled to the proceeds of two life insurance policies issued by the company on the life of Nancy Saunders. Since the ord...
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Page 543
Defendant was convicted of soliciting Martin Bryman to commit bribery in violation of section 653f, Penal Code. He appeals from the judgment; his purported appeal from the order denying motion for new trial is dismissed. (Pen. Code, § 1237; People v. Eppers, 205 Cal.App.2d 727 [23 Cal.Rptr. 222].) Defendant neither testified nor offered evidence on his behalf ; thus, the facts are essential...
Views: 0
Page 551
James Byrd, accused of robbery and of having suffered three prior convictions of felony, admitted *552 the prior convictions, and was convicted of robbery of the second degree. He appealed from the judgment in propria persona and noticed an appeal from the nonappealable order denying his motion for a new trial. Upon his application we appointed counsel. A comprehensive review of the record has ...
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Defendant British Commercial Insurance Company, Ltd., appeals from a money judgment in favor of plaintiff Delphine Kelley.
The relevant facts may be summarized as follows: In 1955, the defendant British Commercial Insurance Company, Ltd., an English liability insurer, issued a policy of excess liability insurance in the amount of $20,000 in favor of Olson and Thacker, doing business as the...
Views: 4
Petitioner, the compensation insurance carrier for Arabian American Oil Company seeks annulment of a permanent disability award to Francis G. Thomas, an A rameo employee. In March 1959, while seated in a chair in his living quarters in Saudi, Arabia, Thomas reached to pick up a boot. Acute back symptoms ensued, and surgery, including a spinal fusion, was performed in May. To be compensable, t...
Views: 0
In this action plaintiffs sought a declaration that an automobile conditional sale contract, and a prom *567 issory note given in connection therewith, were void under the provisions of section 2982, subdivisions (a) and (c), of the Civil Code in that the plaintiffs did not make a cash down payment as stated in the contract; the “Time Price Differential” was not entered on the contract; and the...
Views: 0
Page 569
Plaintiff sued for damages for injuries allegedly resulting from unsterile injections causing abscesses. Plaintiff, a medical assistant and receptionist in defendant’s office, was treated by defendant for pneumonia and in the course of treatment received 47 injections in her buttocks. *570 About three to four months after the initial injections approximately 30 severely infected abscesses appea...
Views: 1
Page 571
Plaintiff George Cox commenced an action against defendant James Pithoud to recover the sum of $1,064 for loss of and injury to cattle which had been delivered to defendant for pasturing. The defendant filed an answer and cross-complaint denying any liability or neglect on his part and also praying for $45 balance due on pasturage.
The court found in favor of plaintiff and judgment was ent...
Views: 1
Appellant was charged with the crime of escape. (Pen. Code § 4531.) The evidence showed the following: He was convicted on March 15, 1957, in Santa Clara County of a violation of section 476a of the Penal Code. Pursuant to that commitment he was eventually transferred from Folsom State Prison and was received at the Iron Mine Camp, a division of the forestry camps under the supervision of the Dep...
Views: 6
Harry Corson was charged by information with the crime of assault with a deadly weapon. He was found guilty as charged by a jury, probation was denied, and judgment was pronounced sentencing him to a term in the state prison. He has appealed from the judgment entered. The factual situation as shown by the record may be summarized as follows: Corson and his wife lived in a house on a ranch owned...
Views: 6
The defendant killed a woman by stabbing her 51 times with an ice pick; was charged with murder; at all stages of the proceeding was represented by the public defender; upon advice of his counsel, waived a preliminary hearing and, in the superior court, entered pleas of not guilty and not guilty by reason of insanity; subsequently, was the subject of an examination by two court-appointed psychiat...
Views: 0
Appellant was convicted of the charge of committing lewd and lascivious acts upon the body of a 4-year-old girl, after a jury trial on July 24, 1962. The proceedings were thereupon suspended and appellant was found by the court to be a sexual psychopath and was thereafter sent to Atascadero State Hospital for observation and diagnosis. On November 16, 1962, after observation, the appellant was re...
Views: 1
Page 597
Petitioner, Thomas Joseph Pi~zo, was convicted of a violation of section 11721 of the Health and Safety Code; was certified by the Municipal Court of the Stockton Judicial District, in the County of San Joaquin, to the superior court of that county, as a probable narcotic drug addict; was the subject of a proceeding purportedly pursuant to section 6450 et seq. of the Penal Code, i.e., proceeding ...
Views: 1
Appellant, charged with the murder of his mother, pleaded not guilty, and not guilty by reason of insanity. Proceedings were instituted pursuant to Penal Code section 1368 to determine whether he was presently sane and able to stand trial. Psychiatrists reported appellant to be *601 sane, and the court found him sane and able to assist in his own defense. He thereafter withdrew his plea of not ...
Views: 0
Virginia Kane, driver of a Renault automobile, and Nancy Perdue, her passenger, each sued defendants for personal injuries arising out of a collision between the Renault and a truck and trailer driven by defendant Andersen and owned by defendant Hopper Truck Lines. The cases were consolidated for trial. Judgments for defendants were entered on jury verdicts; plaintiffs appeal. They claim there is...
Views: 0
221 Cal.App.2d 611 (1963)
KARL R. GROH et al., Plaintiffs and Respondents,
v.
KOVER'S BULL PEN, INC., et al., Defendants and Appellants.
Civ. No. 27209.
California Court of Appeals. Second Dist., Div. Four.
Oct. 29, 1963.
Milo V. Olson, Paul B. Noel and Frank D. Marco, Jr., for Defendants and Appellants. *613
John P. McGinley, Robert H. Dietrich and Bertram L. Linz for Plaintiffs and Respond...
Views: 1
Defendant was charged with and convicted of second degree burglary, in violation of Penal Code, section 459. It was alleged and he admitted incurring two prior felony convictions. After filing his appeal, defendant requested this court to appoint counsel to represent him. The appointed counsel, Carl R. Yoder, reviewed the record in the case and advised the court that his review and research discl...
Views: 5
The appellant was a codefendant of Finis Helium whose initial conviction was reversed in People v. Hellum, 205 Cal.App.2d 150 [22 Cal.Rptr. 724], After Helium’s conviction was reversed by this court because he had not been represented by counsel at the preliminary hearing, the conviction in appellant’s case was reversed for the same defect upon stipulation of the parties. (People v. Jones, ...
Views: 5
Page 622
is an appeal by defendant from a judgment in favor of plaintiffs, Paul H. Ong and Roger Hom, after a jury verdict in consolidated personal injury actions arising out of an automobile-pedestrian accident.
Facts
The facts connected with the happening of the accident are essentially as follows:
1
Plaintiffs were crossing Broadway at its intersection with Grant Avenue in Sa...
Views: 5
Page 662
221 Cal.App.2d 662 (1963)
In re JAMES CLARK CONRICH, a Minor. RUTH THOMAS, as Deputy County Probation Officer, etc., Petitioner and Respondent,
v.
ZENE V. JASAITIS et al., Objectors and Appellants.
Civ. No. 20993.
California Court of Appeals. First Dist., Div. Three.
Oct. 30, 1963.
Robson, Malott & Pedder and Arthur Lyle Robson for Objectors and Appellants.
John A. Nejedly, District Atto...
Views: 10
This is an appeal from an order declaring a minor child free from the custody and control of both of his parents. The appeal is by the natural parents and by Mr. and Mrs. Jasaitis, one of two sets of prospective adoptive parents, all appellants being represented by the same attorney. The child was born on August 5, 1960. The parents were not then married, but they did marry on October 11, 1960, in...
Views: 0
221 Cal.App.2d 668 (1963)
JAMES R. BRISCOE, Plaintiff and Respondent,
v.
MARJORIE L. BRISCOE, Defendant and Appellant.
Civ. No. 27191.
California Court of Appeals. Second Dist., Div. Four.
Oct. 30, 1963.
Gilbert, Thompson & Kelly and Jean Wunderlich for Defendant and Appellant.
Darling, Shattuck, Hall & Call and Thomas F. Call for Plaintiff and Respondent.
JEFFERSON, J.
In 1957 Marjorie Br...
Views: 7
William Fryer (hereinafter William) was the beneficiary of a group contract of medical and hospital insurance issued by defendant Kaiser Foundation Health Plan, Inc. (hereinafter defendant.)
1
The complaint alleges
*676
that: On August 13, 1957, William suffered a heart attack, requiring immediate hospitalization; his wife, Nell, called the telephone numbers announced by...
Views: 1
In an information filed by the District Attorney of Los Angeles County, defendant was charged with possession for sale of a narcotic, heroin, in violation of section 11500.5 of the Health and Safety Code. Defendant entered a plea of not guilty. Trial was by the court, trial by jury having been duly waived by defendant and all counsel. Defendant’s motion to strike all evidence on the ground that...
Views: 5
Appeal from conviction of second degree murder. Once more an appellate court is requested to weigh admissibility of a confession to an unwitnessed murder against claims of police coercion used in producing the confession. Evidentiary use of an involuntary confession is a denial of due process of law, violating both federal and state Constitutions and requiring reversal of the conviction, even ...
Views: 12
This appeal comes to us on an agreed statement of facts relating that Floyd McNabb obtained a building loan of $18,000 from respondent savings and loan association, to build a home on his lot in Orange County. The loan was evidenced by a promissory note secured by a first deed of trust on the property. The loan was set up under Account No. 4217, and McNabb executed a “Building Loan Agreement an...
Views: 10
The defendant Bailway Company appeals from a judgment, entered after verdict, awarding the plaintiff $20,000 for injuries sustained when she fell while walking across the railway company’s tracks at their intersection by a public street and sidewalk; claims that the trial court erred in the giving of instructions and also claims that the evidence is insufficient to sustain the amount of the awa...
Views: 0
Appellant, Raymond Hilliard, was charged by information with possession of a deadly weapon by an ex-felon in violation of section 12021 of the Penal Code and three prior convictions. Appellant admitted the three prior felony convictions. On this appeal from the judgment rendered on the jury verdict finding him guilty as charged, he contends that the evidence on which the conviction is based was e...
Views: 11
221 Cal.App.2d 725 (1963)
34 Cal. Rptr. 749
Estate of MAUDE FRIES, Deceased.
WALTER FRIES, Petitioner and Appellant,
v.
GEORGE BEADLES et al., Objectors and Respondents.
Docket No. 26939.
Court of Appeals of California, Second District, Division Three.
October 31, 1963.
*726 Virgil V. Becker and Cecil L. Whitehead for Petitioner and Appellant.
Benjamin P. Riskin for Objectors and Respondents.
FOR...
Views: 7
221 Cal.App.2d 732 (1963)
THE PEOPLE, Plaintiff and Respondent,
v.
JAMES SHORTS, Defendant and Appellant.
Crim. No. 8462.
California Court of Appeals. Second Dist., Div. Three.
Oct. 31, 1963.
Albert C. Garber, under appointment by the District Court of Appeal, for Defendant and Appellant. *733
Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Jack E. Goertzen,...
Views: 0
Access to the production lot of defendant studio is by means of a gate or turnstile. This turnstile resembles the ordinary revolving door, except that, instead of the usual glass panels, each panel or segment is composed of a series of metal bars. The gate is controlled by a button in the casting office, which button, when pushed, activates an electric current which releases a dog or catch. Whe...
Views: 3
Defendant was indicted for a violation of section 11501 of the Health and Safety Code (sale of narcotics); two prior felony convictions were alleged in the indictment. After a mistrial was declared, defendant was again brought to trial before a jury, which returned a verdict of conviction. Defendant admitted one of the alleged priors and the allegation as to the second was stricken. A motion for ...
Views: 2
221 Cal.App.2d 746 (1963)
JEWELL C. POWERS, Plaintiff and Appellant,
v.
ROSE M. POWERS et al., Defendants and Respondents.
Civ. No. 10621.
California Court of Appeals. Third Dist.
Oct. 31, 1963.
Leander W. Pitman for Plaintiff and Appellant.
Lopez & Haines and Willis E. Haines for Defendants and Respondents.
FRIEDMAN, J.
Plaintiff, Jewell C. Powers, is the former husband of defendant Rose ...
Views: 0
Defendant, 19 years old, pleaded guilty to three counts of manslaughter by vehicle and one count of. violating Vehicle Code section 23101 (felony drunk driving), On appeal defendant urges that the court abused its discretion by sentencing him to state prison and refusing to refer him to the California Youth Authority for possible commitment to an institution of that agency. Following the plea o...
Views: 5
This appeal originated in a proceeding brought by the City of Carlsbad, a city of the sixth class, appellant herein, to condemn approximately one acre of land located wholly outside its corporate limits and lying within the boundaries of the City of Oceanside for the purpose of relocating thereon a storm drainage canal. The defendants-respondents are James B. Wight and Cora I. Wight, record own...
Views: 2
Page 765
Appellants Wied and David M. and Mary Bess Rhea appeal from a judgment in favor of respondents Hake et al., after a nonjury trial in which the court awarded the respondents judgment against Rhea for foreclosure on certain laundry equipment under a chattel mortgage, the balance being due in the sum of $15,919.21; and a judgment against Wied for rental of certain equipment in the sum of $7,800.
...
Views: 0
Petition for writ of prohibition, mandamus, certiorari, or other writ, seeking to prohibit the superior court from enforcing an order requiring answers to certain questions in the taking of depositions.
QUESTIONS PRESENTED.
1. Is the petition proper?
2. Are petitioner’s witnesses subject to prosecution under the Alcoholic Beverage Control Act and therefore justified in *775refusing to answer on th...
Views: 1
221 Cal.App.2d 792 (1963)
Estate of ZELLA ADAIR WALKER, Deceased. HILARY H. CRAWFORD, as Executor, etc., et al., Petitioners and Appellants,
v.
FLORIEN KINGSBURY, Objector and Respondent.
California Court of Appeals.
Nov. 1, 1963.
Hilary H. Crawford, Jr., in pro. per., for Petitioners and Appellants.
Hugh B. Miller for Objector and Respondent.
SALSMAN, J.
Appellants, the executor and attorne...
Views: 1
Appellants, the executor and attorney, appeal from the probate court’s order which denies them compensation for extraordinary services rendered during the administration of the estate of Eella Adair Walker. Two issues are presented, first, when services of the type listed in Probate Code section 902 are rendered, has the court discretion to deny extra compensation, and second, did the court here a...
Views: 6
Appellant, Hohener, gave an assignable option to purchase land which was assigned to respondent, Gauss. The option required payment of $1,200 on or before each six-month period. On April 20, 1961 and October 20, 1961, payments were due. On April 8, 1961, a $1,200 check sent by Gauss was received by Hohener. He simply held the check. On October 3, 1961, a second $1,200 check was received. Both wer...
Views: 1
Plaintiff seeks damages for alleged libel. Demurrer to his second amended complaint was sustained without leave to amend. Judgment of dismissal followed, and plaintiff appeals.
Plaintiff alleges that: he was a councilman of the City of Albany, and a candidate for election to that office; before the election defendants distributed to the “citizens and electors” of Albany a circular which fa...
Views: 0
The defendant appeals from a judgment awarding to the plaintiffs, real estate brokers, a commission of $1,800 in connection with the sale of a vacant lot owned by defendant, The facts as established by the findings of the trial court are as follows:
On February 19, 1962, the defendant, Howard Hoffman, signed a document entitled “Cooperative Exclusive Right Listing Agreement” with a salesman repre...
Views: 0
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