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All Reporters → cal-app-2d → Volume 256
Opinions in cal-app-2d Volume 256
Appellants appeal from a judgment denying them specific performance or money damages for an alleged breach of contract to convey real property. Respondent, an 82-year-old widow, was the owner of certain real property in Reseda. On May 24, 1961, appellant paid respondent $1,350 outside of escrow and the parties then executed escrow instructions for the sale and purchase of respondent’s property ...
Views: 2
Respondents Avere each charged by information with one count of violating Penal Code, section 459 (burglary). Their motion to set aside the information under Penal Code, section 995 was granted. The People appeal from the order granting the motion. (Pen. Code, § 1238, subd. 1). On August 4, 1966 betAveen 9:30 and 10 p.m., Dean Hummer, the manager of a Harley-Davidson motorcycle shop in Van Nuys...
Views: 8
This is an appeal from that part of a judgment of the Municipal Court of the Los Angeles Judicial District which decreed the foreclosure of a mechanic’s lien. The Appellate Department of the Superior Court for Los Angeles County affirmed the judgment. On its certification to us, we transferred the appeal to this court under rule 62, California Rules of Court.
The question before us is whet...
Views: 1
On March 11, 1966, the district attorney filed an information charging defendant with grand theft. Five prior felony convictions were also charged. On the same day the public defender was appointed to represent defendant. On March 17 after the denial of a motion under section 995 of the Penal Code the case was set for trial on May 3. On that date the People were ready for trial, but Mr. Fujisaki,...
Views: 25
In a two-count information defendant was charged with violations of section 11531 of the Health and Safety Code (sale of marijuana) and section 11503 (sale of a
*29
substance falsely represented to be a narcotic.) After a jury trial he was found guilty on both counts.
On April 11, 1966, Officer Brown of the Los Angeles Police Department was working “undercover narcotics.” He k...
Views: 19
Plaintiff is the owner of an appropriative right to take water from the Santa Ana River, which right was assessed by the defendant Comity of San Bernardino for the year 1961-1962 as bearing a tax of $5,866.94. Plaintiff paid under written protest. It is conceded that this water right is taxable property and the sole question is situs for the purpose of taxation. Plaintiff contends the situs is ...
Views: 5
Charles E. Brown, real estate broker, appeals a judgment 1 entered pursuant to jury verdict, awarding him commissions in the amount of $563; appellant claims that he is entitled to an additional $21,541.80 in commissions according to Ms prayer. In May of 1958, subdivider R. A. Watt entered into an escrow for the purchase of 163 acres of property and as part of the purchase price gave to the s...
Views: 1
On petition for commitment of appellant as a narcotic addict under section 3100, Welfare and Institutions Code, the superior court made its order of detention and for examination under section 3102, Welfare and Institutions Code. On April 18, 1966, two doctors examined appellant and the hearing was had April 19, 1966; appellant was found to be a narcotic addict and the matter was set for a jury...
Views: 1
Action upon a promissory note. Appellants, all individuals, together with respondent Martindell, were directors and minority shareholders of a corporation known as El Bodrero Hotel, organized to build and operate a motel. The corporation encountered financial difficulties in completing construction of the motel. At a board meeting on February 15, 1958, appellants Bodrero and Sant each agree...
Views: 2
This appeal is from a judgment for respondents in an action for declaratory relief. The sole issue presented is whether appellant Albert H. Navarro was driving an automobile owned by respondent Ronald R. Howard with the consent of the owner and is therefore entitled to benefits under Howard’s insurance policy issued by respondent Northwestern Security Insurance Company. The single question of fact...
Views: 0
The indictment charged the five defendants with three offenses: count 1, burglary of Alvin Price’s residence with intent to commit a felonious assault; count 2, felonious assault upon Alvin Price; count 3, felonious assault upon Gregory Williams. The jury found defendants guilty of first degree burglary, felonious assault upon Price and simple assault upon Williams. The court imposed sentences on...
Views: 20
Defendant Norman E. Lassiter appeals from an order modifying support provisions in a December 1961 interlocutory judgment of divorce. The divorce judgment details an eight-year declining scale of support payments, states defendant’s support obligation shall terminate in eight years, and declares “. . . the parties intend that the provisions for plaintiff's support shall be modifiable. ...” The tr...
Views: 8
A judgment convicting defendant of grand theft was affirmed by this court July 2, 1965 (People v. Daugherty, 235 Cal.App.2d 564 [45 Cal.Rptr. 528]); the California Supreme Court denied a hearing August 25, 1965; the United States Supreme Court vacated the judg*83ment and remanded the case for further consideration in light of Chapman v. California, 386 U.S. 18 [7 L.Ed.2d 705, 87 S. Ct. 824]. AAre ...
Views: 3
This is an appeal from a judgment of conviction of four counts of armed robbery and an attempted appeal from an order denying a motion for a new trial. In an information filed in Los Angeles on August 12, 1966, *85 defendant was charged in count I with robbing Albert Bobbins of certain personal property on or about July 20, 1966, and it was charged that at the time of the commission of the of...
Views: 12
Defendant was charged with the offenses of possession of a firearm after having been convicted of a felony, viz., a violation of Penal Code, section 12021, and possession of a tear gas cartridge, viz., a violation of Penal Code, section 12420; waived trial by jury; was found not guilty of *91the former offense upon failure of proof of conviction of a prior felony; was convicted of the latter offen...
Views: 12
Defendant was granted probation and the suspension of execution of sentence under a judgment which sentenced her to state prison on one count, and was granted probation and the suspension of imposition of sentence on a second count, following her conviction by a jury of two counts of perjury, in violation of the provisions of section 118 of the Penal Code. 1 She has appealed from the judgment, ...
Views: 7
On July 5, 1961, plaintiff sued Paul A.
Mason, attorney at law and notary public, on his alleged false acknowledgment as a notary and Ohio Casualty Insurance Company on the statutory bond, alleging that one Grant T. Shepherd neither signed nor acknowledged the document in question. On October 24, 1963, all parties appeared for trial; by stipulation of counsel the cause was ordered off cale...
Views: 22
We are interpreting plaintiff’s notice of appeal as effecting an appeal from the summary judgment filed and entered November 23, 1965, after the trial court had made an order granting defendant Michael Arizmendiz’ motion for such a judgment. The notice of appeal, addressed to defendant “Michael Arizmendiz, et al., and to Clausen & Gilliland, his attorneys,” bids them take notice that he “hereby...
Views: 6
Defendant appeals from a judgment of conviction of burglary in the first degree, and an adjudication he was an habitual criminal. At the trial the issue in the burglary charge was one of identification. There was no contention a burglary had not been committed. Defendant was identified as the burglar by the victim who saw him face to face, in a lighted room of the burglarized premises, for appr...
Views: 12
This is a declaratory relief action to determine whether a comprehensive liability policy issued by plaintiff (Truck Insurance Exchange) covered the destruction by fire of two buildings occupied under a lease by the named insured, Reliable Foods, Inc., (Reliable).
The agreed facts on which the matter was submitted were as follows:
*142
Reliable leased two commercial buildings...
Views: 17
A criminal complaint was filed in the Justice Court of the Porterville Judicial District charging appellant with the illegal use of a speaker mounted on a vehicle in
*151
violation of Tulare County’s Loud Speaker Control Ordinance. Appellant demurred to the complaint and when the court overruled his demurrer he petitioned the Superior Court of Tulare County for a writ of prohibitio...
Views: 11
J. — These consolidated appeals primarily concern the interpretation of Business and Professions Code
1
section 24755 as amended in 1961 which relates to minimum retail price schedules for branded distilled spirits. The section is part of the Alcoholic Beverage Control Act (§§ 23000-25762) which herein will be called the Act.
The individual respondents and real parties in intere...
Views: 11
This action for declaratory relief concerns the construction of the family exclusion and uninsured motorist clauses, respectively, of two automobile liability policies issued by the same insurer on two vehicles in the same family. The husband and wife collided while each was driving one of the family automobiles. The insurer, defendant, State Farm Mutual Automobile Insurance Company, hereafter St...
Views: 7
Appellant Springer brought this action against respondent Singleton seeking damages on the ground that Singleton had induced Jerome Siemsen, George Siemsen and Jean Taylor (Siemsen) Rich to breach their contract to sell certain real property to him. The trial court entered judgment in favor of respondent Singleton, and Springer appeals. There is little dispute as to the facts. The Siemsens owne...
Views: 12
Plaintiffs appeal from that portion of the judgment which denies them recovery of ad valorem property taxes levied for the years 1962 and 1963 on certain ‘ ‘ derrick barges” owned by appellants. Appellants contend (1) that two of their barges were specifically exempted from all such taxes by the terms of article XIII, section 4 of the California
*192
Constitution; and (2) that in a...
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This is an action to recover a real estate commission. Judgment was rendered in favor of defendant Tarver. Plaintiff has appealed. In 1962 and for sometime prior thereto, defendant Manito, Inc. was the owner of certain improved real property known as the Monticello Motel. Although the corporation had not issued stock, defendants Niekum 1 and Tarver were the principal, if not the only, investo...
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Each of the defendants Bosby, Cooper, Harrington and Rhone has appealed from the judgment entered upon the verdict of a jury finding him guilty of *211 murder in the first degree. 1 The jury fixed each appellant’s sentence at life imprisonment. Appellants contend (1) that their extrajudicial statements were obtained without compliance with the rules enunciated in Miranda v. Arizona, 384...
Views: 13
Page 219
This appeal is from a judgment entered and sentence imposed after a jury found appellant guilty of robbery in the first degree. (Pen. Code, §211a). No appeal can be had from the sentence. This portion of the appeal is dismissed. (Pen. Code, § 1237.) At about 9 :15 p.m., on June 4, 1965, George G. Epstein was alone in his liquor store on Sepulveda Boulevard in Van Nuys, checking the cash register t...
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Plaintiff Harold J. Powers, as Director of the Department of Professional and Vocational Standards of the State of California, brought suit against defendants Sydney N. Floersheim (also known as S. Floersheim and as Sydney Floersheim), Elaine A. Floersheim, Paul Price (also known as Paul Pink), Maxine Pink, Herman Winters, and Ralph Schneider. The complaint alleges that none of the defendants i...
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On November 25, 1960, plaintiff was employed as a plumber and was engaged in cleaning out the sewerage system in a residence in Los Angeles County. He was using two chemicals in the operation, each designed to aid in the cleaning. One was manufactured by defendant Super-X Products, Inc., and the other, by defendant King Manufacturing Company (sometimes hereinafter referred to as King). In the e...
Views: 2
This is an appeal from a judgment of the juvenile court1 finding the minor to come within the provisions of section 602 of the Welfare and Institutions Code and declaration of wardship.2 On August 19, 1965, a petition was filed in the juvenile court alleging that one Jimmie Jones, a minor, came within *242the provisions of section 602. The petition alleged that on August 17, 1965, Jimmie Jones wil...
Views: 12
The sole question presented in this appeal is whether, after recovering under an “open” fire insurance policy the cost of restoring a building to its pre-fire condition, the respondents may also recover the additional costs of
*247
reconstructing in compliance with changed building codes. Accordingly, the controversy centers on the interpretation of sections 411, 412, 2051, 2070 an...
Views: 6
This is an appeal by the buyers from a judgment granting a part of a condemnation award to the seller. The sole question is whether, pursuant to the agreement of the parties, the seller was entitled to receive a portion of the award after the property was taken by right of eminent domain.
The facts are stipulated. On October 5, 1961, respondent Berry,1 the seller, executed an agreement for the con...
Views: 1
This is an appeal by plaintiff Martinez Typographical Union No. 597 from a judgment denying its petition to compel arbitration of an alleged dispute with defendants and cross-complainants Silversun Corporation and Herman Silverman.
Responsive to the pleadings of the parties, the trial court found that the parties’ written collective bargaining agreement expired on February 28, 1963, and wa...
Views: 8
256 Cal.App.2d 261 (1967)
GRANT B. LA DEAUX, Plaintiff and Respondent,
v.
COUNTY OF ALAMEDA, Defendant and Appellant.
Civ. No. 24013.
California Court of Appeals. First Dist., Div. Three.
Nov. 22, 1967.
Dunivan & Byers, Dunivan, Byers and Wies, Robert D. Dunivan and Robert K. Byers for Plaintiff and Respondent.
Robert H. Sharpe as Amicus Curiae on behalf of Plaintiff and Respondent.
J. ...
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This is an appeal by the Hidden Valley Municipal Water District from a judgment directing the issuance of a peremptory writ of mandate. The writ would order the District to set aside its decision of February 29, 1964, denying petitioners’ petition for exclusion of their lands from the District and its decision of May 2, 1964, denying their petition for the District’s consent to the annexation o...
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J.—The People appeal from a judgment in condemnation awarding the sum of $183,000 for property taken from defendants for freeway purposes. The jury awarded $63,000 for the property taken and $120,000 for severance damages. Only the award of severance damages is in controversy on this appeal.
Appellant sought to condemn lots 18, 19 and 20 of Tract 14798, which were referred to in the compla...
Views: 6
Plaintiff husband filed a complaint for divorce on May 13, 1964. He then filed an affidavit signed by Sue Ann, the parties’ married daughter, to the effect that she had served summons and complaint on the defendant on May 18, 1964. An interlocutory judgment of divorce which recites defendant’s default was entered on July 7,1964.
On March 22, 1966, well over a year later, defendant noticed ...
Views: 2
Can a court, after denying motion for new trial but within the period allowed for passing upon that motion, vacate the denial on a motion under Code of Civil Procedure, section 473? That is our question. Although distracting, chronology seems required. In this action for personal injuries, the jury returned a verdict for plaintiff by 9 to 3 vote, with juror Burns voting with the majority. Jud...
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This is an appeal by Paul Casella and Michael Casella, brothers of Domenico Casella, deceased, from certain portions of the judgment herein, and appeal by Mary Casella, widow of said deceased, from certain other portions of the judgment. As the parties are both petitioners and appellants, Paul and Michael will be referred to as the “Brothers” and the widow will be referred to as Mary.
Ques...
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The appeal is from a judgment following a conviction for two counts of violation of Business and Professions Code, section 4390 1 (passing fictitious prescriptions). There are three contentions: (1) Unlawful search and seizure; (2) spurious methods by the police in the use of photographs to bolster testimonial identification of defendant; and (3) insufficient evidence to support the verdict. ...
Views: 13
Page 338
Raymond Cox appeals from the judgment determining interests in the estate of Hazel Woehos. Appellant’s sole contention is that the trial court incorrectly construed that portion of the residuary clause of decedent’s will in which she bequeathed half of the residue of her estate. Decedent’s will provided that this portion of the estate should be held in trust for the benefit of her husband, Jacob J...
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Defendant appeals from a judgment of conviction for possession of marijuana (Health & Saf. Code, §11530) entered after a trial by the court. Defendant’s contentions relate solely to the legality of his arrest and of the subsequent procedures leading to the discovery of marijuana in his home.
The relevant facts are as follows: Police Officer Russell went to defendant’s residence to execute ...
Views: 15
Defendant appeals from an order of the trial court modifying the terms of his probation in connection with his previous conviction of grand theft (Pen. Code, § 487). Defendant contends that the trial court invalidly increased the amount of restitution which he must pay as a condition of his probation. Defendant was found guilty of unlawfully taking $821.60 from Robert J. Keefe. Imposition of se...
Views: 17
The City and County of San Francisco, its zoning administrator and its director of planning, appeal from a judgment granting petitioner, West Coast Advertising Company, a peremptory writ of mandate directing the issuance of a building permit to erect a billboard. The question on appeal is whether the trial court’s order granting the writ pursuant to the then-existing city ordinance should now b...
Views: 2
Defendant appeals from judgment dismissing a cross-complaint for alleged malpractice of an accountant, after demurrer sustained without leave to amend on ground that the alleged cause of action is barred by the statute of limitations. Question Presented Does the statute of limitations in an action for alleged malpractice by an accountant start to run from the alleged negligent act, from disco...
Views: 11
This is an appeal from a judgment sustaining a demurrer to the complaint of appellants Frank and Mary Schneider on the ground that the causes of action stated are barred by the one-year statute of limitations. (Code Civ. Proc. § 340, subd. 3.) Mary’s cause of action is to recover for an assault allegedly committed upon her by respondent. Frank, her husband, seeks to recover damages for the loss...
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In this personal injury action, involving three motor vehicles, the demurrer of defendant insurance company (referred to hereinafter as “INA”) to the third count only of the first amended complaint was sustained with leave to amend. 1 Upon plaintiff’s written election to stand on said count as pleaded without further amendment, judgment was *376 entered dismissing the third count. This appeal...
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Tsuro Inouye Kamei, by her conservator Takeshi Kawagoe, appeals from a judgment dismissing her action against Masaaki Kumamoto and Phyllis K. Kumamoto for specific performance of a settlement agreement (pending action). The judgment followed an order sustaining respondents’ demurrer to Tsuro’s amended complaint for specific performance after Tsuro indicated to the trial court she did not desire to...
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Wabash Fire and Casualty Insurance Company (Wabash) appeals an order denying its motion to set aside a bail forfeiture. On 1 February 1965 Wabash fded a bail bond in Los Angeles Municipal Court for $3,850 on behalf of Clarence Lee Thompson, whose trial on a charge of possession of heroin was set for 10 June in the superior court. On that date Thompson did not appear, and bail was forfeited by an o...
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Rivera appeals a judgment of conviction for possession of heroin. (Health & Saf. Code, § 11500.)
*390On 3 June 1966, Linda Morales informed Deputy Sheriff Trujillo of the Los Angeles County Narcotic Detail that Rivera was selling heroin from the residence of Marie Jacquez on Boulder Street, where he and Mrs. Jaequez’s son, Vincent were staying. When Linda said she would be willing to make a purcha...
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J. — Defendant was charged with the murder of his wife. A jury found him guilty of voluntary manslaughter, a lesser included offense. He appeals from the judgment of conviction and from the order denying his motion for new trial, 1 contending that his confessions were inadmissible because made involuntarily and in violation of his right to counsel, and, further, that evidence used against him w...
Views: 13
Defendant and his niece, Charlene Peterson, were charged with unlawfully possessing heroin for sale. (Health & Saf. Code, § 11500.5.) In count II, only Charlene Peterson was charged with another violation of the same section. Defendant and the codefendant were convicted but the judgments were reversed on appeal.
1
The matter was set for retrial. Pursuant to Penal Code sections 1539 a...
Views: 10
256 Cal.App.2d 425 (1967)
64 Cal. Rptr. 733
THE PEOPLE, Plaintiff and Appellant,
v.
ANTHONY LLOYD CHRISMAN, Defendant and Appellant.
Docket No. 5908.
Court of Appeals of California, First District, Division One.
November 28, 1967.
*427 R. Donald Chapman, Public Defender, for Defendant and Appellant.
Thomas C. Lynch, Attorney General, Robert R. Granucci and Michael Buzzell, Deputy Attorneys Genera...
Views: 15
A seven-court indictment charged Anthony Lloyd Chrisman with furnishing heroin to another, in violation of section 11501 of the Health and Safety Code, on August 12 and August 13, 1965; Chrisman, Patricia Marie Haydon, and Conrad A. Berger with conspiracy (Pen. Code, § 182) to commit burglary (Pen. Code, § 459), and grand theft (Pen. Code, § 484) in the month of August 1965; Berger with receiving ...
Views: 0
The People appeal from an order of the superior court setting aside, under Penal Code section 995, an information charging defendant Robert Lee Harris with three counts of burglary of a motor vehicle. (Pen. Code, § 459.) The only question presented to us concerns the validity of defendant’s arrest and the ensuing search of his automobile. We set forth the pertinent evidence presented at the pre...
Views: 15
Defendant, together with James Nelson, was charged with a violation of Health and Safety Code, section 11531 (selling marijuana) on December 7, 1964 (count I), and a violation of Health and Safety Code, section 11530.5 (possession of marijuana for sale) on December 14, 1964 (count II). The public defender was appointed; a plea of not guilty was entered; the public defender was relieved and anothe...
Views: 7
Defendant, together with Marie Louise Trevino, was charged with robbery in the first degree, the information charging that they were armed with a deadly weapon at the time of the offense. Trial by jury was duly waived. The court found defendant Bryant guilty as charged and defendant Trevino guilty of a violation of section 487, subdivision 2, of the Penal Code (grand theft from the person), a less...
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Defendant appeals from a judgment on a jury verdict awarding plaintiff damages for personal injuries suffered by Mm in an intersection automobile collision. The principal issue on this appeal is whether the court committed reversible error in giving an instruction on last clear chance.
Under settled rules the evidence will be viewed in the light most favorable to plaintiff.
The accide...
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Page 484
The complaint herein was in several causes of action, including one on money due on promissory notes executed by the defendant P. J. Pavese. The complaint was filed October 22, 1965, was served on October 28, and the parties agree that on November 4 defendant’s attorney was given 10 days from that date in which to answer. According to plaintiffs’ counsel’s declaration on or about November 15 defen...
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Defendant was found guilty by a jury of a violation of Penal Code, section 288a. From an order *490 suspending imposition of sentence and granting probation on certain conditions, he appeals. As a result of complaints about homosexual activity in a park's public rest room, Deputy Sheriff Gingery and Detective Martin were assigned to investigate. They stationed themselves in a space adjacent t...
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Page 496
Judith E. Wales, one of the legatees under the will of decedent Harriet B. Smith, appeals from an *497order entered pursuant to Probate Code, section 1080, determining interests under that will (and a codicil). The last of a series of professionally drafted wills was executed by testatrix on July 19, 1963. The property subject to that will was a comparatively small portion of the total estate owne...
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Appellants were found guilty previously on a charge of possession of eoncealable firearms. Cooper appealed. The conviction was affirmed. (People v. Cooper, 249 Cal.App.2d 479 [57 Cal.Rptr. 588].) Worley did not appeal. The jury which convicted them disagreed on the charge of robbery. Another jury convicted Cooper and Worley of robbery and of assault with a deadly weapon, and found *502 that...
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The William Simpson Construction Company (“Simpson”) appeals from a judgment in favor of The Patent Scaffolding Co. (“Patent”) awarding to Patent judgment for $16,481.09, with interest and costs.
Procedural and Factual Summary
Three insurance companies, United States Fidelity and Guaranty Company, Niagara Fire Insurance Company, and National Fire Insurance Company (“insurers”), br...
Views: 7
Plaintiff appeals from a judgment in defendants’ favor. Trial was to a jury. All issues on appeal relate to the instructions.
Pacts
On September 8, 1961, plaintiff asked her daughter to buy her a bottle of “Hi and Dri,” a deodorant manufactured and marketed by defendant which plaintiff had seen advertised on television. It was a very warm day; plaintiff was perspiring rather profusely...
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Defendants appeal from a judgment upon a directed verdict in favor of plaintiff in an unlawful detainer action.
The judgment, in effect, makes no adjudication; recites the verdict of the jury finding ‘ ‘ plaintiff is entitled to restitution of the premises involved and costs of suit”; but decrees plaintiff “is awarded judgment against defendants ... in the sum of-Dollars ($-), lawful money...
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Defendant Lantz, who executed a guarantee of a lease under which plaintiff’s assignor leased equipment to the lessee, has appealed from a judgment which awarded the plaintiff damages against the lessee, who defaulted, and Lantz.
The guarantor contends that there was no consideration for the guarantee; that repossession of the equipment following the lessee’s default terminated the lease as...
Views: 0
Appellant William C. Hartman appeals from judgment of conviction, after jury trial, of violation of section 211 of the Penal Code (robbery first degree armed with a deadly weapon).1 Appellant is represented by appointed counsel. Question Presented Effect of court’s instruction that in the court’s opinion appellant was guilty of the offense charged. Evidence At approximately 6:45 a.m. on July 5, 19...
Views: 7
This is an action to recover a real estate commission. Defendants’ demurrer was sustained to counts II, III and IV of the second amended complaint without leave to amend.
1
Plaintiffs
2
have appealed from the ensuing' judgment of dismissal.
In the second cause of action it is alleged that Smith and Siegel were the owners of a large tract of unimproved land in Ventura ...
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The sole issued on this appeal is whether a portion of the state inheritance tax in the amount of $3,782 1 upon the transfer of a remainder interest in the residue of the testatrix ’ estate under her probated will to her sister and her sister’s husband can be avoided if those persons reject the bequest. After the report of the inheritance tax appraiser was filed on March 15, 1965, the sister an...
Views: 0
256 Cal.App.2d 563 (1967)
Estate of DOROTHY O. BEAUCHAMP, Deceased, ANTHONY JAMES VENTURINI, a Minor, etc., et al., Claimants and Appellants,
v.
EDWIN LEVIO VENTURINI, Claimant and Respondent.
Civ. No. 31932.
California Court of Appeals. Second Dist., Div. Three.
Nov. 30, 1967.
Powers, Himrod & Pepys and Walter R. Powers for Claimants and Appellants.
Donald Kolts for Claimant and Respond...
Views: 0
tern.* * — The petitioners, Anthony James Venturini, Paul Daniel Venturini, Elizabeth Ann Venturini and Michael John Venturini, minors, are the *564children of Edwin Levio Yenturini, and the grandchildren of the testatrix Dorothy O. Beauchamp, deceased. Edwin Levio Yenturini, hereinafter referred to as the respondent, is the son of the deceased. Eugene M. Elson was appointed as guardian ad litem o...
Views: 0
This is an appeal from an order of involuntary commitment to the California Rehabilitation Center made upon a jury verdict that appellant was a narcotic drug addict. These civil commitment proceedings were initiated pursuant to Welfare and Institutions Code, section 3050, after appellant’s conviction on July 26, 1966, of a violation of Health and Safety Code, section 11721—a misdemeanor— illegal ...
Views: 3
Plaintiff Raul Chavez appeals from a summary judgment in favor of the defendant in an action for damages for legal malpractice. On June 17, 1965, plaintiff filed his malpractice complaint. He alleged that on November 10, 1961, he hired attorneys Carter, Coudures and Ludlow to represent him in a pending divorce action between himself and Maria Chavez. On Febru *579 ary 14, 1962, the court in t...
Views: 13
This is an appeal by the plaintiffs from two successive orders granting the motion of defendant Surgitool, Incorporated, a Pennsylvania corporation, to quash service of summons and complaint upon it. The ground of defendant’s motion was that it “is a foreign corporation not doing business within the State of California and therefore is not subject to the process of the Superior Court of this St...
Views: 0
Page 589
Defendant Pete Duran Romo and his codefendants, Searcy and Earl, were inmates of Deuel Vocational Institution. After a knife fight in the institution they were indicted on two charges: count one. assault with intent to commit murder in violation of Penal Code section 217; count two, possession of a deadly weapon by a state prison *591inmate in violation of Penal Code section 4502.1 Searcy pleaded ...
Views: 0
Plaintiff filed a complaint seeking to quiet title to real property purchased several years before at a marshal’s sale. The court gave judgment for defendants, enjoining plaintiff from setting up any claim to the property, and plaintiff appeals. The facts are not in dispute.
On or about May 20, 1953, plaintiff obtained and recorded a judgment against the then owner of the subject property. An exec...
Views: 1
This is an appeal by plaintiff from an adverse judgment in the superior court in an action to quiet title to certain real property, or, in the alternative, for a money judgment for damages based on the theory of inverse condemnation.
The real property involved is a 25-foot-wide strip of land, 12% feet on either side of the center line of Sunset Boulevard in the unincorporated territory of ...
Views: 0
Plaintiff was granted an interlocutory decree of divorce and was given custody of the minor child of the parties. She was awarded $1,000 per month alimony and $150 per month for support of the child. Plaintiff also received all of the community property. Being dissatisfied with the financial aspects of the judgment, plaintiff has appealed. *617The parties were married in November 1950 and separate...
Views: 0
Appellant appeals from an order revoking probation and from the judgment pronounced and ordered executed on October 27,1966. The question presented is the validity of the condition of probation that appellant “not . . . become pregnant without being married.” The sole basis for revocation of probation was that appellant had become pregnant without being married. Summary of the Record Appe...
Views: 25
A jury found defendant and another male inmate of the California Medical Facility guilty of sodomy (Pen. Code, § 286). Both were sentenced to prison. Only defendant Frazier’s appeal is before us. A correctional officer of the prison, conducting a search of cells for contraband, entered the apparently unoccupied cell assigned to Frazier. A blanket was draped over the end and side of the bed. The...
Views: 9
This is an appeal from a judgment of conviction of possessing narcotics. *633In an information filed in Los Angeles on July 1, 1965, defendant was charged in count I with having in his possession for sale marijuana on January 27, 1965, in violation of section 1153Q.5, Health and Safety Code; in count II with having heroin in his possession on January 27, 1965, in violation of section 11500, Health...
Views: 3
This is a purported appeal from a judgment and an appeal from an order denying a motion for a new trial. In an information filed in Los Angeles on August 31, 1966, defendant was charged with grand theft in that on July 19, 1966, he feloniously took property of a value in excess of $200 from another. Defendant pleaded not guilty. It was stipulated that the cause be submitted upon the transcript of ...
Views: 9
This is a purported appeal from a judgment and an appeal from an order denying a motion for a new trial. In an information filed in Los Angeles on April 22, 1966, defendant was charged with possessing heroin on February 21,1966. Defendant pleaded not guilty. It was stipulated that the cause be submitted on the testimony contained in the transcript of the proceedings had at the preliminary hearing....
Views: 0
This is an appeal from a judgment of conviction of possessing marijuana, and an attempted appeal from an order denying a motion for a new trial. In an information filed in Los Angeles on July 20, 1966, defendant Griffen was charged with codefendants Sammie Mosley, Jr., Henry Turner, Jr., and Clifton Perkins with involvement in marijuana transactions. Count I involved Mosley in a transaction which ...
Views: 0
256 Cal.App.2d 647 (1967)
Estate of CHARLES A. CANFIELD, Deceased. LAURA ELAINE CANFIELD PIERCE, Petitioner and Respondent,
v.
CAROLINE CANFIELD SPAULDING et al., Objectors and Appellants; TITLE INSURANCE AND TRUST COMPANY, Trustee and Respondent.
Civ. No. 31780.
California Court of Appeals. Second Dist., Div. Two.
Dec. 5, 1967.
Gibson, Dunn & Crutcher, John T. Pigott and Charles S. Battl...
Views: 3
This is an appeal from that portion of an order of the probate court entered on June 3, 1966, which directed the trustee of a testamentary trust to distribute to respondent Laura Elaine Canfield Pierce one-half of the principal of the trust estate remaining in the hands of the trustee on June 15,1965. The resolution of the controversy presented to the court below by the parties to this appeal invo...
Views: 0
Hubert Arthur Roman appeals a judgment of conviction for second degree murder, assault with a deadly weapon on a police officer engaged in the performance of his duty, and felony child-beating. On 3 November 1965, Officer Richard Tapia of the Santa Monica Police Department went to Roman’s apartment house in response to a child-beating complaint, and was informed by a resident of the building th...
Views: 13
Defendant, a 17-year-old boy at the time of the killing, appeals from a judgment entered upon a jury verdict finding him guilty of murder in the second degree following a trial which commenced on April 25, 1966. The jury rejected defendant’s plea of not guilty by reason of insanity. 1 The principal question presented by this appeal is whether an exculpatory statement made by the defendant short...
Views: 13
256 Cal.App.2d 671 (1967)
Estate of ALICE JOSLYN, Deceased. SECURITY FIRST NATIONAL BANK, Petitioner and Respondent,
v.
MARCELLUS N. JOSLYN, Objector and Appellant; ROBERT D. MacDONALD, as Executor, etc., Objector and Respondent.
Civ. No. 30485.
California Court of Appeals. Second Dist., Div. Five.
Dec. 5, 1967.
Morris Lavine and Ronald H. Bonaparte for Objector and Appellant.
Burris & L...
Views: 1
This is an appeal from an order filed August 13, 1965, instructing a trustee, as authorized by Code of Civil Procedure, section 963, subdivision 3, and Probate Code, section 1240. The facts are that on December 27. 1949, the Alice N. Joslyn testamentary trust was established, and M. L. Joslyn was appointed trustee. On June 30, 1963, M. L. Joslyn died. M. L. Joslyn died testate, and b;r his will ap...
Views: 0
Page 678
Petitioner, an inmate of Folsom State Prison, seeks by habeas corpus to obtain his release therefrom, contending : 1. Judgment was pronounced and sentence imposed upon him without counsel or a knowing waiver of counsel, and the trial court failed to advise petitioner of his constitutional rights, and 2. His probation was illegally revoked. On January 13, 1958, petitioner, represented by cou...
Views: 10
Appellant appearing in propria persona has filed a document designated “appellants, reply brief.” It fails to comply with the requirements of the rule relating to form and content of briefs (rule 15(a), Appellate Rules, California Rules of Court) and is entirely unintelligible. While encumbered with a language barrier, appellant nevertheless lias made her argument on her testimony given in a prev...
Views: 3
Page 684
Jeanne M. Bare, plaintiff wife, appeals from (1) the interlocutory judgment of February 8, 1965, granting a divorce to cross-complainant husband, Richard L. Bare; (2) the supplemental judgment dated July 12, 1965, determining the community and separate assets of the parties; and (3) the court’s order dated October 6, 1965, denying attorney’s fees and costs on appeal. Jeanne and Richard Bare wer...
Views: 9
This is an appeal from a judgment after the sustaining of a demurrer without leave to amend. William McLeod on June 2, 1966, filed a petition in the Superior Court of Los Angeles County wherein, among other things, he alleged the incorporation of the City of Los Angeles] that the members of the board of civil service commissioners of the city were duly appointed and acting; and that the police ...
Views: 11
Defendant, charged with possession of heroin for sale (§ 11500.5, Health & Saf. Code), was found guilty of a lesser but necessarily included offense, possession of heroin (§ 11500, Health & Saf. Code). He appeals from the judgment.
Federal Narcotic Agents Borquez and Restow had information that the intersection of Brooklyn and Breed in Los Angeles was a “hot” corner and a “hangout for a lo...
Views: 2
Page 705
This is an appeal from a judgment of conviction of a violation of section 11500.5, Health and Safety Code (possession for sale of heroin). In an information filed on March 3, 1965. in Los Angeles, defendant was charged with possessing heroin for sale on January 21, 1965. Defendant pleaded not guilty and in a jury trial was found guilty as charged. Criminal proceedings were adjourned at the instanc...
Views: 0
Plaintiff, a real estate broker, filed an amended complaint against the Forest Lawn Company (a California corporation), against three connected corporations and against nine individual defendants, who were officers, employees or agents of the corporate defendants, for damages for
*716
alleged intentional interference with a brokerage agreement existing between plaintiff and the sel...
Views: 5
Page 721
Petitioner seeks release from the state prison by means of habeas corpus. His point is that when the Adult Authority purportedly refixed his sentence at maximum (which is life imprisonment, his conviction having been for first degree robbery) on August 10, 1962, his term had expired ; wherefore, the Authority was without power to act as it did. Petitioner was received in state prison on the rob...
Views: 10
Page 725
This is an appeal from a judgment in favor of plaintiff in an action for personal injuries.
Plaintiff instituted this action against several defendants. A motion by Keene doing business as Silverlake Termite Control for a directed verdict was denied. A 10-to-2 jury verdict was returned in favor of plaintiff against Keene and against Donald Gurwell, doing business as A-l Fumigating Company,...
Views: 6
Doctor B. Renault Able appeals from the order of the superior court sustaining without leave to amend the general demurrer of Zee Construction and dismissing Abie’s action. 1 Abie’s complaint alleges that he employed Cass Van Der *730 Zee, doing business as Zee Construction (hereinafter sometimes referred to as Zee), to construct certain improvements on real property owned by Able. A disput...
Views: 4
Montell Rice Meacbam appeals his conviction by the trial court, sitting without a jury, on one count of bribing a public official in violation of Penal Code, section 165, a felony. Appellant was charged with five counts of bribery of a city councilman (Pen. Code, § 165) and was charged in the sixth count with bribery of an executive officer (Pen. Code, § 67). The court found him guilty of count...
Views: 9
Page 748
Petitioner seeks habeas corpus, attacking his conviction of possessing heroin for sale. (Health & Saf. Code, § 11500.5.) His non jury trial occurred on December 10, 1964, and judgment of imprisonment was pronounced January 18, 1965. Petitioner took an appeal. His conviction was affirmed by the Court of Appeal, Second District, Division Four, on January 27,1966. The decision is reported in People v...
Views: 0
Defendants James Wayne Kennedy (Kennedy) and Charles Eugene Nitz (Nitz) appeal from judgments imposing prison sentences upon defendants respectively for possession of heroin.
Kennedy and Nitz were found guilty of possession of a
*757
narcotic, heroin (Health & Saf. Code, § 11500), transporting heroin (Health & Saf. Code, § 11501), and possessing marijuana (Health & Saf. Code, ...
Views: 13
On October 29, 1962, at 3:04 p.m., a model 1956 International 10-wheel dump truck, loaded with 14% tons of gravel, collided with a Santa Fe passenger train at Katella Boulevard and the Santa Fe tracks in Orange County. The automatic signal light was flashing at the time of the collision, and the accident resulted from a failure of the truck’s brakes. The force of the impact resulted in a derail...
Views: 3
A jury found defendant guilty of three counts of first degree robbery (§ 211, Pen. Code) and one count of kidnaping for the purpose of robbery (§ 209, Pen. Code); and that he was armed during the commission of the robberies. He admitted two prior felony convictions for which he served terms in the federal prison. He appeals from the judgment and order denying motion for new trial; the purported ap...
Views: 6
Page 781
256 Cal.App.2d 781 (1967)
HAZEL B. DUFF, Plaintiff and Respondent,
v.
JOHN E. DUFF, Defendant and Appellant.
Civ. No. 8377.
California Court of Appeals. Fourth Dist., Div. Two.
Dec. 8, 1967.
Harwood, Hofferman, Soden & Corfman and Robert L. Corfman for Defendant and Appellant.
Gilbert & Malmuth and Joseph I. Wedeen for Plaintiff and Respondent.
McCABE, P. J.
Appeal from judgment in...
Views: 6
Page 781
Appeal from judgment in favor of the plaintiff in the amount of $14,070, together with interest at the legal rate from November 26, 1946, to January 26, 1966, aggregating a total judgment of $32,948, entered in the Superior Court in and for the County of Orange on April 8, 1966. Plaintiff and defendant herein, formerly husband and wife, were married in New York City in 1920. Their marriage endured...
Views: 0
Following a jury trial defendants were found guilty of second degree burglary, denied probation and sentenced to state prison. They appeal from the judgments of conviction. Defendants contend that the judgments should be reversed *789 because (1) the offense for which they were convicted was not included in the commitment order holding them to answer; (2) evidence of other offenses was errone...
Views: 19
By information petitioner was charged with two offenses: count I, a violation of Penal Code section 245, subdivision (b) (assault with a deadly weapon upon a peace officer); count II, a violation of Penal Code section 330 (gaming) . Before pleading, petitioner moved the superior court to dismiss both counts, pursuant to Penal Code section 995, upon the ground that he had been committed without re...
Views: 19
By this action in declaratory relief, plaintiff sought a declaration of the interest of the parties in certain monies, now on deposit, received pursuant to a gas lease of *801 lands. The trial was before the court, without a jury, on an agreed stipulation of facts. In 1944 Arthur M. Wood and Ruby F. Wood, father and mother of George J. Wood, loaned the sum of $20,000 to their son, who used th...
Views: 0
Page 807
After the filing of appellant’s opening brief on March 28,1967, the respondents obtained, through six successive solicited orders, an extension of time to file respondents’ brief until October 6, 1967. No brief having been prepared by respondents within that extended period, notice was given by the clerk, pursuant to rule 17 (b) of the California Rules of Court, that the case would be submitted fo...
Views: 0
Plaintiff Milton Miller, individually and as trustee of the Hotel Padre Trust, appeals from a judgment entered pursuant to an order sustaining demurrer without leave to amend. The demurrer alleged that the judgment in a prior action,
City of Bakersfield
v.
Miller,
64 Cal.2d 93 [48 Cal.Rptr. 889, 410 P.2d 393], is res judicata. This action and the prior action arose out of ...
Views: 1
Defendants and Cross-Complainants appeal from a decree ordering specific performance of an agreement for the exchange of real property between plaintiffs Favian Cano and Bonnie L. Cano, his wife, and defendants E. C. Tyrrell and Claire E. Tyrrell, his wife.
At the time the exchange agreement was executed the Canos owned and operated a rest home at 735 4th Street, Woodland, in Yolo County, ...
Views: 2
This is an appeal from a judgment of non-suit entered at the close of plaintiffs’ case in a wrongful death action arising out of an automobile accident. The trial court concluded that the cause of action was barred by the California “guest statute” (Veh. Code, § 17158) as a matter of law. We have reviewed the record and find that, on the evidence presented, the decedents were not guests in the ve...
Views: 3
Glenn N. King brought suit against Pacific Vitamin Corporation, Lampert-White Co., a corporation, and Garth J. McQuade accusing them of unfair business practices and seeking an injunction and damages. King, Pacific, and Lampert-White, a subsidiary of Pacific, are wholesalers of merchandise supplied to retail drugstores in Los Angeles County. McQuade, a salesman, worked for King for two and a ha...
Views: 6
Plaintiff, a licensed attorney, appeals from a judgment in favor of defendant Haas Realty, Inc. (“Haas”), in his action to recover, as alleged compensation for legal services, a share of the broker’s commission which Haas earned on the sale of real property to Public Service Housing Corp. (“Housing Corp.”). No appeal has been taken from the portions of the judgment in favor of defendants Blaine a...
Views: 11
On March 1, 1966, a jury found defendant guilty (No. 313918) of possession of heroin on November 5, 1965 (§ 11500, Health & Saf. Code); of a subsequent sale of *861heroin on December 30, 1965 (§ 11501, Health & Saf. Code) he was convicted by a jury on April 5, 1966 (No. 317725). Tried separately, the two cases were consolidated on appeal. Before us are appeals from both judgments and order denying...
Views: 7
256 Cal.App.2d 869 (1967)
THE PEOPLE, Plaintiff and Respondent,
v.
FELICE PAUL FAILLA, Defendant and Appellant.
Crim. No. 13255.
California Court of Appeals. Second Dist., Div. One.
Dec. 13, 1967.
Felice Paul Failla, in pro. per., and M. SigBert Charig, under appointment by the Court of Appeal, for Defendant and Appellant.
Thomas C. Lynch, Attorney General, Raymond M. Momboisse and Charles P...
Views: 3
A jury convicted defendant of five counts of burglary (§459, Pen. Code) and one of kidnaping (§ 207, Pen. Code); on appeal the Supreme Court reversed the judgments on the burglary counts and affirmed the judgment on the kidnaping count (VI) (People v. Failla, 64 Cal.2d 560, 571 [51 Cal.Rptr. 103, 414 P.2d 39]). On retrial a jury found defendant guilty of first degree burglary on counts I, II as am...
Views: 7
Suit for personal injuries by Rousseau, an employee of the Board of Education, and by the State Compensation Insurance Fund as intervener, against West Coast House Movers. From a jury verdict in favor of defendant, Rousseau appeals. Voir Dire Rousseau claims prejudicial error in the selection of the jury because the court itself conducted the interrogation of prospective jurors on their vo...
Views: 15
Dorothy Ann Shannon and Patricia Ann Nelson were accused by information of grand theft (Pen. Code, § 487). Shannon pled not guilty; a motion under Penal Code, section 995 was argued and denied. Trial by jury was waived and the cause was submitted on the testimony of the preliminary hearing. Shannon was found guilty; a motion for new trial was made and denied; proceedings were suspended and probat...
Views: 5
A jury found James Robert McIntyre guilty of five counts of child molestation (Pen. Code, § 288). Before judgment, the trial court committed him for sexual psychopathy. He appeals from an order denying his motion for a new trial (Pen. Code, § 1237, subd. 2).
McIntyre concedes the evidence sufficiently supports the five guilty verdicts. In substance, he committed lewd and lascivious acts up...
Views: 5
Defendant James W. Powers appeals from a judgment after trial by jury convicting him of escape by force and violence (Pen. Code, §4532, subd. (b)), first degree robbery (Pen. Code, §211), two counts of kidnaping (Pen. Code, § 207), assault with a deadly weapon (Pen. Code, §245), and two counts of possession of a firearm while lawfully confined in jail (Pen. Code, §4574). He was sentenced, pursuan...
Views: 16
Plaintiff Los Angeles Dodgers, Inc., (hereafter referred to as Dodgers) seeks recovery of taxes paid under protest to defendant Los Angeles County, which distributed a portion of the tax revenue to defendant City of Los *919 Angeles. The taxes were levied on a 40-aere portion of 300 acres of real property in the Chavez Ravine, which property was the subject of an agreement between the Dodgers a...
Views: 1
This is an appeal from an order denying a petition for a writ of prohibition. Appellant herein filed a “Petition For Writ Op Prohibition Against Court Acting Without Jurisdiction and Points And Authorities” in the Superior Court of Los Angeles on September 6, 1966. Therein it is stated, among other things, that petitioner was engaged in selling books in the County of Los Angeles, that on April ...
Views: 11
In this eminent domain proceeding, the State of California, acting through the State Public Works Board pursuant to the Property Acquisition Law (Gov. Code, § 15850, et seq.), seeks to acquire by comdemnation real property which is owned by the City of Los Angeles and used for park purposes. The board seeks to acquire the property for use by the Sixth District Agricultural Association (now known a...
Views: 1
This is an appeal from a judgment of conviction of involuntary manslaughter (Pen. Code, § 192.2) a lesser and necessarily included offense in the charge contained in the information. On or about June 15, 1966, in an information filed in Los Angeles defendant was charged with murdering Bobert A. Stevenson with malice aforethought on May 10, 1966. Defendant pleaded not guilty and after a trial a ...
Views: 8
Defendant William Pinkus was found guilty by a jury of violating Penal Code, section 311.21 on July 14, 1966, and on October 19, 1966, in the City of Los Angeles. Pinkus appeals from the respective judgments of conviction pronounced upon the guilty verdicts entered upon two counts. The counts, respectively, are: count I of the amended complaint in CR A 7573 (trial court No. 269648) which originall...
Views: 7
On January 31, 1967, a criminal complaint was filed in the municipal court charging defendants here (and others) with a felony (unlawful possession of marijuana), and a misdemeanor (being present in a place where narcotics are being unlawfully used).
On February 1, 1967, with counsel, defendants and their codefendants were arraigned before a magistrate on the felony-misdemeanor complaint, and were...
Views: 0
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