Court Cases
| Most Popular Cases |  |
Cases with Faces | |
Cases by Type |  |
Cases by Reporter |  |
Cases by Year |  |
All Reporters → cal-app-2d → Volume 266
Opinions in cal-app-2d Volume 266
We have here an appeal from an order which declares a 17-year-old boy to be a ward of the juvenile court upon a finding that he is in danger of leading a dissolute life, because he purchased, possessed and smoked marijuana.
1
The court’s order is mild. It decrees that the boy is to remain in his father’s home, subject to supervision by the probation officer, and that he refrain from ...
Views: 11
The several plaintiffs own lots in a subdivision which juts, peninsula fashion, into the real property of the defendant Ojai Hotel Company. On that property defendant operates a hotel, the Ojai Valley Inn. The inn is surrounded by a golf course.
Defendant became the owner of several lots in the subdivision. The lots adjoined the hotel property. Defendant caused the lots to be annexed to th...
Views: 1
266 Cal.App.2d 14 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
ROBERT EARL TAYLOR, Defendant and Appellant.
Crim. No. 12675.
California Court of Appeals. Second Dist., Div. Five.
Sept. 24, 1968.
H. Randolph Moore, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.
Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Thomas Kerrigan,...
Views: 1
The trial court, sitting without a jury, found defendant Pat Gardner guilty of a violation of section 11501 of the Health and Safety Code (selling, furnishing, or giving away a narcotic). Following a temporary commitment for diagnostic purposes (Pen. Code, § 1203.03), her request for probation was denied, and she was sentenced to state prison.
1
She appeals from the final judgment of...
Views: 7
Plaintiff, The Morris Plan Com
*29
pany of California, appeals from a take nothing judgment in its action to quiet title to three automobiles.
On October 29, 1965, Clyde C. Johnson and Richard A. Johnson, dba Johnson & Son, delivered a 1960 Mercury and a 1961 Mercury to Robert K. Moody and Janet Moody, dba Royal Motors, in exchange for Moody’s draft on his bank to be presented...
Views: 2
Joseph C. O’Connor, San Diego County Sheriff, appeals from a judgment after court trial directing him to return three coin-operated baseball type amusement devices to their owner, plaintiff John Knowles. The machines had been confiscated as violating San Diego County Ordinance section 37.201, or, alternatively, as violating California gaming laws (Pen. Code, § 330 et seq.). Knowles sought to re...
Views: 1
David Michael Doerr, convicted after jury trial of possessing marijuana (Health & Saf. Code, § 11530), appeals from a probation order deemed a final judgment (Pen. Code, § 1237).
■On June 27, 1967, Doerr and two minor companions were
*38
traveling in Doerr’s ear on Highway 80 in eastern San Diego County when Deputy Sheriff Bavensteyn stopped them because the car’s rear license...
Views: 7
Glenn E. Camper, individually and doing business as Elton Pools, sued the defendant for a portion of the contractual pay for the construction of a swimming pool on property in Stockton near the University of the Pacific, *42 where the defendant was carrying on an apartment house business consisting of 50 units; the plaintiff filed on a claim of lien which he sought to foreclose. Inconsequential...
Views: 0
The plaintiff-appellant M. Frank Carroll brought this action against the defendant-respondent Hanover Insurance Company to recover attorney’s fees alleged to be due him under a policy of insurance issued by Hanover. The superior court sustained Hanover’s demurrer to the complaint, without leave to amend. The notice of appeal states that the appeal is taken from the order sustaining the demurre...
Views: 15
Plaintiff brought an action against defendant for support and maintenance under Civil Code section 206. That section provides that it is the duty of “the children of any poor person who is unabl e to maintain himself by work, to maintain such person to the extent of their ability.” The court without a jury determined that plaintiff is the father of defendant, that plaintiff is a poor person, that...
Views: 10
Defendant Gibbs cashed five checks totaling $1,900 at Harvey’s Wagon Wheel and Harrah’s Club, gaming establishments located on the Nevada side of Lake Tahoe. When the checks were returned unpaid for lack of sufficient funds, the two clubs assigned them to plaintiff for collection. After a nonjury trial the Sacramento municipal court gave judgment for the plaintiff and Gibbs appealed. The appellat...
Views: 15
Plaintiff appeals from an order settling a first report and account of receiver and directing payment of the receipts of the receivership consisting primarily of rents collected. In reality, plaintiff’s appeal concerns that part of the order directing the receiver to pay $500 to intervener’s attorneys and, after making other designated payments prescribed by the order, to pay “all receivership ...
Views: 5
266 Cal.App.2d 76 (1968)
72 Cal. Rptr. 1
NICK MEZERKOR, Plaintiff and Appellant,
v.
TEXACO, INC., et al., Defendants and Respondents.
Docket No. 24259.
Court of Appeals of California, First District, Division One.
September 26, 1968.
*79 Caputo, Liccardo & Burriesci, Caputo, Liccardo, Burriesci & Hogan, Caputo & Liccardo and Salvador A. Liccardo for Plaintiff and Appellant.
Edward I. ...
Views: 1
This is an appeal from a judgment of conviction of robbery in the first degree. In an information filed in Los Angeles on April 18, 1967, Charles David Lewis, whose correct name is Leonard Wilson (appellant herein) was charged with codefendant William John Reynolds in count 1 with the robbery of Father Donald Nylund on March 20, 1967; in count 2 the codefendants were charged with kidnaping for the...
Views: 2
This is a proceeding to review and annul the decision of the Workmen’s Compensation Appeals Board denying applicant’s petition for reconsideration of the findings and award of the referee. On May 5, 1965, an award issued on petitioner’s application for workmen’s compensation benefits based on a finding by a referee that applicant had sustained cumulative industrial injury to her lungs from Apri...
Views: 2
This is an appeal by the People from an order dismissing an information upon the ground that before the filing thereof the defendant had not been legally committed by a magistrate. (Pen. Code, § 995.) The person who signed the complaint as the “declarant and complainant” did not do so under oath but, in lieu of so doing, above his signature he made the following statement: “I declare under pena...
Views: 0
Defendant was tried by a jury and convicted of murder in the second degree. He appeals from the judgment. A summary of the evidence is as follows: On November 15, 1966, defendant was drinking wine and vodka with some other men next to the railroad tracks. They were in an area used as a campground by itinerant workers and known as the Southern Pacific Jungles. At about 2:15 p.m. Officers Winnifo...
Views: 10
As a result of an inverse condemnation suit, plaintiff landowners secured an “interlocutory” judgment on July 14, 1967, declaring defendant water company entitled to a decree of condemnation, declaring plaintiffs’ entitlement to judgment for $8,501.60 plus interest from September 30, 1960, and ordering a final decree of condemnation upon defendant’s deposit of the money in court. The water company...
Views: 2
The People have appealed from an order granting, under section 995, Penal Code, defendant’s motion to dismiss an information charging unlawful possession of marijuana. The Evidence in Support oe the Order of the Committing Magistrate At about 7 p.m. of July 22, 1967, Robert L. Hill, a police officer of the City of Garden Grove, while on patrol duty in a black and white police vehicle, turned ...
Views: 5
The plaintiff, Clifton C. Palmer, appeals from an order setting aside a default of defendant and the judgment based thereon. The appellant claims generally that the superior court had no jurisdiction to act as it did, because the 6-month period between the entry of the default and the order setting it aside prescribed by section 473 of the Code of Civil Procedure had passed.
Under date of ...
Views: 5
Page 143
266 Cal.App.2d 143 (1968)
In re LEROY ELDRIDGE CLEAVER on Habeas Corpus.
Crim. No. 7331.
California Court of Appeals. First Dist., Div. One.
Sept. 27, 1968.
Thomas C. Lynch, Attorney General, Edward P. O'Brien and John P. Oakes, Deputy Attorneys General, for Appellant in Crim. No. 7331 and for Petitioner in Civ. No. 25919.
Garry, Dreyfus, McTernan & Brotsky, Charles R. Garry, Benjamin Dr...
Views: 1
The People have appealed (Pen. Code, § 1506) from an order granting petitioner, Leroy Eldridge Cleaver, a writ of habeas corpus which released him from prison and reinstated him on parole. (1 Crim. 7331.) The California Adult Authority, as respondent in proceedings taken by the petitioner to find it in contempt and to enjoin and restrain it from thereafter holding a parole violation hearing, has a...
Views: 5
Having received reliable information from petitioner’s landlady that he possessed a dish of marijuana in his house, a deputy sheriff of Humboldt County made an affidavit for a search warrant and presented it to a magistrate at night. The affidavit requested that the warrant authorize a night search. However, the magistrate neglected to indicate in the warrant any decision he may have reached in t...
Views: 8
The trial court found defendant guilty on three counts (I, II, III) of selling and one count (IV) of furnishing marijuana in violation of section 11531, Health and Safety Code, and two prior (1951, 1952) felony narcotic (marijuana) convictions (§11500, Health & Saf. Code) to be true. Timely appeal was filed. On May 6, 1965, this court filed its opinion affirming the judgment; petition for rehea...
Views: 6
This is an appeal by the cross-complainants from a judgment of dismissal of their cross-complaint for declaratory relief entered after the demurrer of the cross-defendant Dorothy Marie Johnson had been sustained with leave to amend and no amended pleading had been filed. Allegations of the cross-complaint relating to the question here presented are: 1. On January 9, 1964, cross-defendant Doroth...
Views: 3
The plaintiff Employers’ Surplus Lines Insurance Company (hereinafter designated by the name Employers’ Surplus) sought a declaratory judgment as to its rights and duties and the respective rights and duties of other insurance companies under policies of insurance issued to the defendant Crescent Wharf & Warehouse Co. (hereinafter designated by the name Crescent Wharf), a corporation engaged in th...
Views: 2
This is a proceeding to review and annul an order of the Workmen's Compensation Appeals Board dismissing the employer’s compensation insurance carrier as a party defendant to the proceedings on the applicant’s claim for death benefits and funeral expenses arising out of the industrial injury and death of applicant’s husband. In June 1967 Franca Lucia Ray, the widow of Marian Ray, applied to the...
Views: 5
266 Cal.App.2d 196 (1968)
CYPRESS INSURANCE COMPANY, Petitioner,
v.
WORKMEN'S COMPENSATION APPEALS BOARD, ARLO E. DELANEY et al., Respondents.
California Court of Appeals.
Sept. 27, 1968.
McConnell & Cramoline and Douglas Murray for Petitioner.
Everett A. Corten and Nathan Mudge for Respondents. *197
McCOY, J. pro tem. [fn. *]
This is a proceeding by an insurance carrier to review and annul...
Views: 3
This is a proceeding to review and annul a decision of the Workmen’s Compensation Appeals Board denying an applicant’s claim for benefits. The referee, after a hearing, found that he sustained injury to his right shoulder, right upper arm, and left elbow arising out of and occurring in the course of his employment, but that the injury arose out of an altercation in which applicant was the initial...
Views: 4
This is an appeal from a judgment of nonsuit against plaintiff and in favor of defendant after the latter’s motion therefor upon the completion of plaintiff’s presentation of evidence, the trial court sitting without a jury. The motion was made upon the grounds that plaintiff had failed to establish a prima facie case of culpable negligence against defendant and that plaintiff’s evidence showed he...
Views: 0
Defendant was convicted of the offenses of manslaughter in driving a vehicle, with gross negligence; was granted
probation;
and appeals.
Although contradicted in part, there is evidence showing: Defendant, while under the influence of intoxicating liquor, drove an automobile westerly along Orangethorpe Avenue, in
*224
the City of Placentia, at between 60 and 65 mile...
Views: 2
Defendant was found guilty of two counts of burglary, first degree, in a court trial. He appeals from the judgment and, additionally, seeks a review of the denial of his motion for new trial. On November 17, 1966, around 1 a.m., Carrie Lee Henry heard a crash or explosion outside her residence in Sacramento. When she first looked out a window toward a service station lot across the alley, she s...
Views: 0
Page 241
266 Cal.App.2d 241 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
MAX WARD, Defendant and Appellant.
Crim. No. 6424.
California Court of Appeals. First Dist., Div. Two.
Sept. 30, 1968.
Harley C. Hardesty, under appointment by the Court of Appeal, for Defendant and Appellant.
Thomas C. Lynch, Attorney General, Robert R. Granucci and Michael J. Phelan, Deputy Attorneys General, for Plaintiff ...
Views: 7
266 Cal.App.2d 261 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
FRANCIS GURDON ROBINSON, Defendant and Appellant.
Crim. No. 13903.
California Court of Appeals. Second Dist., Div. Five.
Sept. 30, 1968.
Morris T. Johnson, under appointment by the Court of Appeal, for Defendant and Appellant.
Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Philip C. Griff...
Views: 12
Defendant was charged by information with violation of section 4530, subdivision (b) of the Penal Code (escape), a felony. Defendant pleaded not guilty and requested a jury trial. Defendant’s motion for a mistrial during the selection of the jury based upon statements made by prospective jurors was denied. After a trial by jury, defendant was found guilty of violation of section 4530, subdivision ...
Views: 0
266 Cal.App.2d 269 (1968)
JOAN ADELE RYNSBURGER et al., Plaintiffs and Appellants,
v.
DAIRYMEN'S FERTILIZER COOPERATIVE, INC., Defendant and Respondent.
Civ. No. 9084.
California Court of Appeals. Fourth Dist., Div. Two.
Sept. 30, 1968.
Dannemeyer & Tuohey, Conrad G. Tuohey and William E. Dannemeyer for Plaintiffs and Appellants.
Richards, Watson & Hemmerling and Glenn R. Watson for ...
Views: 15
The facts are not complicated. Petitioner was employed as an inside salesman by Beckman Instruments, Inc. His usual working hours were from 8 a.m. to 5 p.m. Petitioner was required by the terms of his employment to attend an evening sales meeting once each month.
On April 22, 1965, the monthly evening sales meeting started at approximately 4:30 p.m. in the Fullerton plant of Beckman Instru...
Views: 0
Plaintiff, who seeks to recover damages injuries suffered when he was struck by a vehicle operated by defendant,
1
has appealed from a judgment entered on an adverse verdict. He complains that the jury was misdirected in that the court erred in refusing to give his proffered instructions on res ipsa loquitur, and in giving instructions proposed by defendant on contributory negligence...
Views: 1
Page 295
Charles Corey appeals from an order of the juvenile court, entered under the provisions of section 602 of the Welfare and Institutions Code, adjudging him a ward of the court. Wardship was determined upon a finding that the minor resisted an officer, in violation of Penal Code section 148. Although there was sharp conflict in the testimony *296 received at a contested hearing, there was substan...
Views: 10
Jefferson, Incorporated appeals from the judgment of dismissal entered following the sustaining of a demurrer without leave to amend to its cross-complaint for declaratory relief against respondent City of Torrance, On the record before us we regard the determinative issue presented by this appeal to be the following:
Where one defendant files a cross-complaint against his co-defendant se...
Views: 1
Plaintiff (Jackson) sued and recovered judgment after a court trial against defendants (the Pancakes) on actions under common counts for the reasonable yalue of labor and materials. Judgment was for $901.89. Jackson was not a licensed contractor during the performance of any of the work for which he sued.
The broad question on appeal is whether the action is barred under Business and Profe...
Views: 7
— This appeal is from certain orders en
*316
tered in a stockholders’ derivative action against appellant A. ,,J. Industries, Inc. (hereinafter called the “corporation,” or ,“AJ”). The questions presented are whether, under the circumstances of the present ease, the corporation should be required to pay attorneys’ fees and costs incurred in the action (1) by the stockholders who br...
Views: 14
The complaint characterizes this action as one to impress and enforce a vendor’s lien on real property. The trial court awarded the plaintiff Valley Vista Land Co. (hereafter Valley Vista) a money judgment against one defendant (Nipomo Water & Sewer Co., hereafter Nipomo) and further adjudged that said obligation “shall not constitute a vendor’s lien ... as against defendant Jake Will . . . but...
Views: 0
Defendant was charged by information with feloniously possessing a eoneealable firearm after suffering a prior felony conviction (violation of Penal Code section 12021), and also charged with a misdemeanor, unlawful use of narcotics (violation of Health and Safety Code section 11721). Two prior felony convictions also were alleged (Health and Safety Code section 11530 (1964), and Penal Code secti...
Views: 12
On April 13, 1964, defendant Walter Styffe filed a complaint in the Municipal Court of the Ontario Judicial District, naming plaintiffs herein as defendants. The action was to foreclose a mechanic’s lien against property owned by plaintiffs. Subsequently, plaintiffs filed an action in the Superior Court, San Bernardino County, claiming that defendants herein had breached a construction contract. T...
Views: 0
Sevena ctions, four for wrongful death, two for bodily injury and one by the state for fire suppression costs (Health & Saf. Code, §13009) were consolidated for trial and appeal. All plaintiffs had judgment, and defendant appeals.
The actions arise out of a fire which occurred in the Sierra National Forest in Mariposa County. Both federal and state fire suppression personnel were summoned....
Views: 13
The principal elements of this appeal are the duty of a stock broker, owed to his customers who purchase the securities of a corporation, to disclose to them material facts known to him concerning the corporation; the duty of a director of the corporation, owed to it, not to disclose the same facts if he acquired knowledge of them as a director; and the consequences which may arise when the bro...
Views: 7
Plaintiffs appeal from the judgment of dismissal entered following the sustaining of defendants’ demurrers to their first amended complaint for declaratory relief without leave to amend. In substance, appellants’ complaint alleges that appellant Eagerstedt is a licensed contractor and that appellant Keeler is his employee. On or about August 15, 1966, respondent Elliott entered into an oral agreem...
Views: 0
This is an action to foreclose a mechanic’s lien of $11,845.23 for excavation and grading. The court made findings to the effect that plaintiff contracted to do certain work for $9,000; the work for which plaintiff seeks compensation was a part of the work to be done for that price; plaintiff had been paid $9,000 and that defendants owe plaintiff nothing. Judgment was for defendants and plaintiff ...
Views: 0
266 Cal.App.2d 380 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
ALFRED ROBLES OLIVAS, Defendant and Appellant.
Crim. No. 14182.
California Court of Appeals. Second Dist., Div. Four.
Oct. 4, 1968.
David C. Marcus for Defendant and Appellant.
Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Suzanne E. Graber, Deputy Attorney General, for Plaintiff and Res...
Views: 6
This is an appeal from a judgment in favor of defendants and award of costs to defendants in an action for a deficiency under an equipment lease agreement.
The facts are that on June 15, 1964 Credit Mobilier, a California corporation, and Robert E. Gee, Jr., doing business as Crawford Ink & Supply Co. (hereinafter referred to as Gee) entered into a written lease agreement for the lease to ...
Views: 1
Defendant was convicted of a violation of section 11501 of the Health and Safety Code—sale of heroin. Trial was to a jury. *390 The People’s evidence showed that on August 30, 1966, defendant sold a quarter of a gram of heroin to Officer Rogers in room 29 of the Charles Hotel. According to Rogers’ testimony, at the time of the sale defendant was injecting himself with what Rogers “felt” was h...
Views: 5
Appeal by an intervening workmen's compensation insurer from a nonsuit judgment in a personal injury case.
The action in the court below was brought by Holliday for damages caused by the alleged negligence of Miles, Inc., doing business as Leslie Miles Plastering Company (Miles) during the course of and while Holliday was engaged in the duties of his employment by Apex Supply Company (Apex...
Views: 13
Petitioner Kerns Construction Company (Kerns) seeks a writ of mandamus directed to the Superior
*408
Court, Orange County, ordering it to grant Kerns’ motion to produce certain reports.
In an action by Dixon and Lidke for personal injuries resulting from an explosion on August 3, 1965, Southern Counties Gas Company (Gas Co.) was named as one of the defendants. Gas Co. cross-co...
Views: 3
This is a proceeding to prohibit the municipal court from prosecuting petitioner on a complaint filed by the city attorney charging him with repossessing automobiles within the City of Los Angeles without first obtaining a permit from the city as required by Ordinance No. 77,000. (Mun. Code, art. IX, § 29.01.) When petitioner’s demurrer to the complaint was overruled, petitioner sought a writ o...
Views: 1
The plaintiff, Paul Schmeltzer, in a trial by the court without a jury, won a judgment against Gregory Specialty Company, Inc. and Gregory Manufacturing Company, Inc., two California corporations, for $29,150, together with an additional $500 as attorneys’ fees and costs, as the result of a contract for personal services, which was rendered impossible of completion through the sale by Albert Gr...
Views: 0
The defendant, Michael Sherman Harris, was accused of burglary in count I of the information and of receiving stolen property in count II. The jury found him guilty of burglary in the first degree as to the first charge, but not guilty of receiving stolen property.
The efforts of his counsel on appeal are concentrated on two contentions: (1) that the proof does not establish that the burgl...
Views: 6
Suit for appropriation of literary property and an idea. The amended complaint charged that plaintiff, an actor and writer, submitted material to defendant, a producer, which the latter used for dramatic purposes in breach of an express contract, in breach of an implied-in-fact contract, fraudulently, and in violation of a confidential relationship. Plaintiff’s material, which was attached to his...
Views: 0
Page 437
Appellant was convicted by a jury of arson, the burning of a Thrifty Drug Store at Central and Washington in the Watts area of Los Angeles. Pie was acquitted of two other counts of arson. This appeal follows a denial of probation, a sentence to state prison and a denial of a motion for new trial.
This case was an outgrowth of the fires, riots and disturbances in the south central area of L...
Views: 19
Respondent Meredith was accused of rape by a girl who was 14 years old. At the preliminary hearing she testified she had babysat for the Merediths several times between December 1966 and 16 February 1967. On the latter date she went to the Meredith home at Meredith’s request, to babysit. Respondent and his two children were there. As soon as she got into the living room, Meredith grabbed her and p...
Views: 1
This is a petition for review of an order of the Workmen’s Compensation Appeals Board denying an applicant’s claim for compensation on account of injuries sustained in a traffic accident. The board found that applicant was not engaged in any activity on behalf of his employer at the time he was injured in the accident and that his injury did not arise out of and in the course of his employment. We...
Views: 0
This appeal arises out of an action in eminent domain filed by the City of Santa Maria against the defendants for the purpose of acquiring an easement for the installation of a water transmission line. The original action to acquire this easement was filed by the city on May 8, 1961, in the Superior Court of Santa Barbara County, and the city went into actual possession of the easement on this dat...
Views: 4
Page 483
Petitioner had been granted probation after a plea of guilty on a charge of possession of marijuana (Health & Saf. Code, § 11530). Thereafter she requested modification of the conditions of probation. The basis of her petition was that she had married one James Peeler after her plea but before sentence and that certain conditions of the probation were inimical to her status as a married woman. ...
Views: 7
Petitioner is defendant in an action brought by Kim Godfrey for personal injuries sustained when a garbage container manufactured by petitioner toppled over. After service of process upon petitioner as a foreign corporation doing business within this state, pursuant to Code of Civil Procedure section 411, subdivision 2, petitioner moved to quash service of summons upon a showing that petitione...
Views: 0
This case involves appeals from two judgments of nonsuit in eases consolidated for trial. The first case involves a suit against defendants Tors, Boren and *497 Ziv in an action for damages for conspiracy to defraud and convert literary material consisting of a TV pilot film and story outlines for subsequent episodes. The other case was an action against defendant Ziv only for damages upon a co...
Views: 4
266 Cal.App.2d 507 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
ALFRED OROZCO et al., Defendants and Appellants.
Crim. No. 15116.
California Court of Appeals. Second Dist., Div. Three
Oct. 14, 1968.
Richard S. Buckley, Public Defender, Mark E. Overland, Floyd W. Davis and James L. McCormick, Deputy Public Defenders, for Defendants and Appellants.
Charles E. Martin, City Attorney, Martin &...
Views: 0
Defendants were convicted of inhaling glue with the intent of becoming intoxicated in violation of section 4207.1 of the Monterey Park Municipal Code. Orozco was arrested while driving a car in an erratic manner on a public street in the City of Monterey Park. He was found slumped in *510the driver’s seat while a strong odor of glue emanated from a crumped cloth in his lap; he appeared to be intox...
Views: 5
Plaintiff appeals from the judgment on the pleadings entered against her in her action seeking to recover damages sustained by reason of defendants’ wrongful interference with her contractual relations. Her appeal presents the following narrow question: May a defendant whose fraudulent acts and misrepresentations have caused another to fail to perform in conformity with promises made to his pr...
Views: 0
Accused by information of murder in count I and in count II of assault with a deadly weapon with intent to commit murder, in a jury trial Hector Enrique Tovar and Joseph Bautista were convicted of manslaughter on count I and acquitted on count II; appellant Armando Camarillo and Eugene Rubio, Jr., were convicted of murder of the second degree and of assault with a deadly weapon in violation of se...
Views: 7
In this odd case, we reverse the judgment because there is no evidence to support an essential element of the offense charged. We decline to take judicial notice of the record of another case to fill gaps in the trial evidence on the ground that to do so would deny the defendant his right to trial by jury. We reject, however, defendant’s contention that the statute which serves as the foundation ...
Views: 4
This is an appeal from an order (denominated “Modification of Final Judgment of Divorce”) entered after a hearing following a remittitur from this court on an earlier appeal. The parties were married on June 2, 1946. Two children were born to the marriage. The parties separated on April 27, 1962; and, on May 1, 1962, plaintiff filed a complaint for divorce. An order to show cause was heard on M...
Views: 5
The plaintiff,Myrle L. Apellan, appeals from a formal order of dismissal after demurrers to her second amended complaint (hereinafter complaint) had been sustained without leave to amend. The defendants in the action are the County of Los Angeles (hereinafter County),
1
the City of Los Angeles (hereinafter City) and Edward L. Davenport, a deputy city attorney of the City.
The co...
Views: 4
This is an application for a writ of mandate to compel the superior court to vacate its order made under Code of Civil Procedure section 583 dismissing a civil action entitled C. W. Derry, et al., Plaintiffs vs. Golden State Bank, etc. et al., Defendants, No. NCC 1620 B. The material facts will be stated, referring to the parties by their alignment in the superior court. August 20, 1963. Plai...
Views: 0
Defendant was charged in count I (violation of section 23101 of the Vehicle Code) of driving while under the influence of intoxicating liquor in an unlawful manner and proximately causing bodily injury. In count II, defendant was charged with a violation of section 20001 of the Vehicle Code, hit and run. Defendant pled not guilty to both counts. The cause was submitted on the testimony of the pre...
Views: 8
— Defendants Gelert R. Ramage, Jr., (Ramage) and Nancy Ramage (Mrs. Ramage) appeal from a judgment taken against them by default on August 19, 1966, which in part decreed the foreclosure of a trust deed (August 19 judgment) and from a judgment dated March 1, 1967 (March 1 judgment), fixing the amount of a deficiency judgment in a hearing under Code of Civil Procedure, section 726, following the...
Views: 3
266 Cal.App.2d 591 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
IVAN C. STEELY, Defendant and Appellant.
Crim. No. 6640.
California Court of Appeals. First Dist., Div. Two.
Oct. 17, 1968.
Robert H. Frank, under appointment by the Court of Appeal, for Defendant and Appellant.
Thomas C. Lynch, Attorney General, Robert R. Granucci and Don Jacobson, Deputy Attorneys General, for Plaintiff and...
Views: 6
The action is for damages claimed to have been sustained as a result of the construction and operation of the San Gabriel River Freeway in Los Angeles County. Plaintiffs are the owners of property adjacent to the freeway; defendants are the State of California and Peter Kiewit Sons’ Co., a corporation. Plaintiffs are husbands and their wives who own, separately, four lots in Tract 16943; four l...
Views: 7
The defendant's appeal from his conviction of forgery is based upon the grounds, (1) insufficiency of the evidence and (2) prejudicial error by the court in allowing cross-examination of the defendant, over his objection, beyond the scope of his direct testimony. Considering, as we must, the evidence in the light most favorable to the prosecution (People v. Sweeney, 55 Cal.2d 27, 33 [9 Cal....
Views: 5
B. R. Morris and Estelle Morris, husband and wife, (Morris) appeal from a judgment of $3,700,000 rendered in their favor in an eminent domain proceeding wherein the Regents of the University of California (Regents) condemned as public grounds of the university the Morris apartment and warehouse property located approximately five miles from the campus. Specifically, the property was condemned f...
Views: 12
This ease arises by appeal from a judgment denying a writ of mandate sought to compel reinstatement after appellant’s dismissal from employment by the County of San Diego. 1 Facts On July 12, 1965 (presumably under county civil service certification), by appointment by respondent county engineer, appellant commenced work as a Draftsman II in the San Diego County Engineering Department. The ...
Views: 1
Page 657
Plaintiff real estate broker appeals from a judgment entered pursuant to an order sustaining demurrer to her complaint for damages, without leave to amend. She filed an action for an amount equal to the real estate commission for the sale of estate property.
The parcel of real property involved was part of the estate of George L. Browning, deceased. It had been on the market for some time ...
Views: 0
Defendant appeals from the judgment entered following a non jury trial that resulted in his conviction of the crimes of possessing marijuana and heroin in violation of Health and Safety Code sections 11530 and 11500. Appellant has stated his contentions as follows: “ [1] The trial court was without jurisdiction and appellant was denied his constitutional rights and due process of law because ap...
Views: 7
Appellants are licensed real estate brokers, against whom an accusation executed by a deputy real estate *669 commissioner of the State of California was filed on September 2, 1966, before the Division of Real Estate of the Department of Investment of the State of California (“respondent agency”). The misconduct alleged arose out of the sale of certain real property owned by Mrs. Laura M. Bur...
Views: 9
The only question presented by these consolidated appeals 1 is whether certain actions of the San Fran *678 cisco Port Authority (hereafter Port Authority) setting wage rates for laborers, workmen and mechanics on the basis of straight time, overtime and holiday time, established the "salary range” required by Harbors and Navigations Code section 1705.5. The trial court found that Harbors and...
Views: 3
266 Cal.App.2d 685 (1968)
THE PEOPLE, Petitioner,
v.
THE SUPERIOR COURT OF HUMBOLDT COUNTY, Respondent; SCOTT MILLEN ENGLISH et al., Real Parties in Interest.
Civ. No. 25980.
California Court of Appeals. First Dist., Div. Two.
Oct. 22, 1968.
Thomas C. Lynch, Attorney General, Derald E. Granberg and Clifford Thompson, Deputy Attorneys General, for Petitioner.
No appearance for Respondent.
Je...
Views: 9
The State Board of Equalization appeals from a judgment awarding respondent Glass-Tite Industries, Inc. the sum of $8,024 plus interest. The principal amount is for refund of taxes. It is conceded by appellant that respondent had exhausted its administrative remedies. Also, the parties are in agreement on the facts. The question is whether the sale of a business with all of its assets is, under...
Views: 1
Robert Worthington appeals from a judgment denying a writ of mandate to compel respondent State Board of Control to set aside its action upon his claim for indemnification under Penal Code section 13600 et seq. He contends that the award should have included an allowance analogous to the general damages which would be recoverable in a tort action for personal injuries. The petition also prayed fo...
Views: 4
General and special demurrers to Hills Transportation Co. 's second amended complaint were sustained without leave to amend. Hills appeals the judgment of dismissal.
Hills was engaged in the business of transporting goods by-truck as a common carrier. Defendant Southwest Forest Industries (Southwest) was one of three paper companies which sold newsprint to the Hearst publications in Los An...
Views: 7
Policemen who were called by firemen to the scene of a fire in a residential unit of an apartment building seized, among other things, a quantity of dynamite, numerous machine gun parts (later assembled into four machine guns), an automatic pistol equipped with a silencer, and a document described as an “application for rental.” Petitioner was subsequently charged with six criminal offenses, as...
Views: 8
266 Cal.App.2d 723 (1968)
JOSEPH H. FREEMAN et al., Plaintiffs and Respondents,
v.
AFFILIATED PROPERTY CRAFTSMEN, LOCAL 44 et al., Defendants and Appellants; JACK SHULTZ et al., Interveners and Appellants.
Civ. No. 31343.
California Court of Appeals. Second Dist., Div. Five.
Oct. 22, 1968.
Sidney Sampson and David J. Sachs for Defendants and Appellants and for Interveners and Appellants.
Jos...
Views: 0
Page 739
Petitioner contends that on May 16, 1961, he was sentenced in violation of the proscription against multiple punishment. (Pen. Code, § 654.) Judgment was entered upon his pleas of guilty to charges of (1) escape (Pen. Code, § 4530), and (2) first degree robbery (Pen. Code, §§ 211, 211a). Sentence was imposed for both offenses. Petitioner was an inmate of the California State Prison at San Quent...
Views: 17
266 Cal.App.2d 741 (1968)
ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant, Cross- complainant and Appellant,
v.
FRED R. LAN FRANCO, as Administrator, etc., et al., Defendants, Cross- defendants and Respondents.
Civ. No. 32168.
California Court of Appeals. Second Dist., Div. One.
Oct. 23, 1968.
John J. Balluff, Matthew H. Witteman, Henry M. Moffat, Neal W. McCrory and John J. Schimmen...
Views: 0
The People appeal from an order granting defendant’s motion to set aside an information under Penal Code section 995. We have concluded that the order must be reversed. Initially, it may be noted that respondent errs when, citing People v. Superior Court, 264 Cal.App.2d 165, 166, 170 [70 Cal.Rptr. 362], he argues that we are bound by the findings of fact impliedly made by the superior court...
Views: 10
Defendant appeals from the order granting probation entered following a nonjury trial that resulted in his conviction of violating Penal Code section 415. 1 Appellant contends (1) that he “was convicted on evidence secured in violation of the Fourth and Fourteenth Amendments to the Constitution of the United States;” and (2) that “the court erred in the sentence which was in excess of the amoun...
Views: 6
This matter reaches this court via certification by the Appellate Department of the Superior Court of Los Angeles County pursuant to rule 63(a) and (c), California Rules of Court. The single issue is whether a three-year or a one-year period of limitation governs an insurer’s subrogation claim *760 against an uninsured motorist whose negligence resulted in damage to an insured who was compens...
Views: 9
The facts which are not in dispute disclose the following: On April 29, 1965, in a ease entitled Cowles Magazine and Broadcasting, Inc. v. Elysium, Inc., defendant was enjoined by the superior court pending trial from utilizing the word “Look” as part of the title of its magazine “Nude Look.” Defendant appealed and on November 7, 1967, the order was reversed (255 Cal.App.2d 731 [63 Cal.Rptr. 50...
Views: 4
Defendant appeals from conviction after jury verdict of violation of section 211 of the Penal Code (attempted robbery) 1 Questions Presented 1. Effect of evidence of identification at lineup without the presence of an attorney. 2. Alleged error in giving “flight after crime” instruction. Evidence On August 31, 1967. at approximately 4 a.m., Mrs. Juanita Harrison, accompanied by he...
Views: 9
Defendant appeals from a declaratory judgment decreeing its liability, as insurer, to be primary and the liability of plaintiff, as insurer, to be secondary, under indemnity policies of insurance covering losses arising out of the same automobile accident.
Defendant issued an automobile liability policy to a Mrs. Place in which it agreed to defend and indemnify the persons insured thereby ...
Views: 4
The central issue on this appeal is whether a security interest under a trust deed is subject to a mechanic’s lien for architectural services, rendered pursuant
*781
to a contract with the owner, for preparation of plans for improvements to be constructed on the land where the trust deed was recorded after the architect commenced preparation of plans but where actual physical const...
Views: 1
The People, on relation of the Public Utilities Commission, appeal from an order denying its motion for leave to intervene in an action brought by plaintiffs Ryerson and Phillips, doing business as Phillips Trucking Co. (Phillips), a highway permit carrier, against defendant Riverside Cement Company (Riverside) to recover alleged undercharges for certain shipments made in 1957. The history of t...
Views: 0
Defamation plaintiff, former Santa Ana Police Captain, Frederick E. Hopper appeals from a July 17, 1967, minute order granting defendant, Santa Ana
*798
Police Chief, Edward J. Allen’s summary judgment motion. The minute order is not appealable. Hopper filed his notice of appeal from the minute order on July 31, 1967, four days after the trial court filed summary judgment. We treat...
Views: 7
Defendant Agricultural Insurance Company, surety on an attachment bond issued on behalf of co-defendants C. N. Palmer, Jr., and Betty Ann Palmer, appeals a judgment finding the Palmers had wrongfully and *806 maliciously attached assets of plaintiffs George M. Carter and Lorraine D. Carter, and holding the surety, as. well as the Palmers, liable to the Carters for both compensatory and punitive...
Views: 6
Petitioner was arrested on June 22, 1967, in Orange County while driving under the influence of intoxi *809 eating liquor when he went through a stop sign, crossed over a double yellow line and nearly struck a police ear. When his vehicle was stopped, a strong odor of alcohol was detected on his breath and he failed a field sobriety test. After he had been placed under arrest, and while en ro...
Views: 7
Defendant was convicted after a court trial of a violation of Health and Safety Code section 11530 (possession of marijuana) and was thereafter placed on probation. He appeals from the “judgment.” For the purpose of appeal an order granting probation is deemed a final judgment. (Pen. Code, § 1237, subd. 1.) Defendant contends that the evidence on which he was convicted was unsubstantial and hig...
Views: 5
While petitioner, Karl Peterson, injured in an industrial accident on August 19, 1964, won his case before the Workmen’s Compensation Appeals Board, he is prosecuting this appeal because he believes that he was not awarded enough; the award was based on a determination that only 50 percent of his disability was caused by the industrial accident, whereas he argues that he should have been awarde...
Views: 7
Plaintiffs Howard and Martha Ruth lost their interest in certain real property upon foreclosure of trust deeds held by defendant Lytton Savings and Loan Association (herein called “Lytton”). Seeking declaratory and other relief from Lytton, Transamerica Title Insurance Company, successor to City Title Insurance Company (herein called “City Title”), Seabreeze Construction Company, Inc. (herein c...
Views: 4
266 Cal.App.2d 846 (1968)
JOHN MOREHOUSE, Plaintiff and Appellant,
v.
XAVIER WANZO, Defendant and Respondent.
Civ. No. 25290.
California Court of Appeals. First Dist., Div. One.
Oct. 28, 1968.
Lew M. Warden, Jr., for Plaintiff and Appellant. *848
No appearance for Defendant and Respondent.
SIMS, J.
Plaintiff, in an action to recover damages for personal injuries, has appealed from that por...
Views: 2
Plaintiff, in an action to recover damages for personal injuries, has appealed from that portion of a judgment which denied him relief against a defaulting defendant. It appears, on the record, that the court erred in ruling that the complaint failed to state a cause of action because of the prohibitions of the Labor Code.1 The judgment must be reversed.
Plaintiff, a laborer employed by a subcontr...
Views: 0
266 Cal.App.2d 854 (1968)
72 Cal. Rptr. 756
CHIZUKO ISHIMATSU, Plaintiff and Appellant,
v.
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, Defendant and Respondent.
Docket No. 24471.
Court of Appeals of California, First District, Division Three.
October 28, 1968.
*856 Garry, Dreyfus, McTernan & Brotsky, Charles R. Garry and Fay Stender for Plaintiff and Appellant.
Thomas J. Cunningham, Milton H...
Views: 11
266 Cal.App.2d 866 (1968)
Estate of LILLIE ROBERTSON, Deceased. REVEREND A. MARSHALL LAVERTY et al., Petitioners and Respondents,
v.
G. A. CUSTER HOMEIER et al., Objectors and Appellants.
Civ. No. 24802.
California Court of Appeals. First Dist., Div. Three.
Oct. 28, 1968.
Burnett, Burnett, Keough & Cali, John M. Burnett and William J. Keough for Objectors and Appellants.
Bronson, Bronson & M...
Views: 0
On January 5, 1966, a will of decedent executed in 1965 was admitted to probate. On July 7, 1966, *867respondents, surviving niece and nephew of decedent, offered for probate a 1953 will and a 1963 codicil thereto, seeking their admission, jointly with the 1965 document, as decedent’s last will. Appellants, the heirs at law of decedent’s predeceased spouse, opposed the petition. The 1965 will revo...
Views: 0
Michael Schwartzman, Michael Franz, and Allan Joseph Watson each appeals from his conviction of murder in the second degree. The three appellants and one John Anthony Schumacher were together charged by information with the murder of Charles James Clark in violation of section 187 of the Penal Code. Appellants were duly arraigned with counsel and each pleaded “not guilty.” Their joint motion fo...
Views: 4
The only question on this appeal is whether the Utah Home Fire Insurance Company (“Utah”) did or did not furnish uninsured motorists coverage to the defendant McCarty. The trial court held that it did. We agree.
When McCarty applied to automobile liability insurance he signed an endorsement form entitled “Waiver of Family Protection or Protection Against Uninsured Motorists Coverage. ’ ’ T...
Views: 5
Mr. Fred O. Bowne, the surviving husband of Gertrude Bedford Bowne, deceased, filed a petition for *897determination of entitlement to distribution of her estate. He appeals from the judgment which provided, among other things, that he was entitled to $1.00.
Mrs. Gertrude Bedford Bowne made a typewritten will on October 16,1958, which stated, in part: “Fifth: I hereby give and bequeath to my grand...
Views: 0
The State Board of Pharmacy, its members and its executive secretary, appeal from a judgment in administrative mandamus (Code Civ. Proe., § 1094.5) entered on February 6, 1967. This judgment, by means of the paragraphs therein designated as (5) and (6), set aside certain penalties the board had imposed upon respondent corporation and remanded the case to the board for reconsideration of those pena...
Views: 7
Petitioner seeks a writ of mandate to require the
*909
respondent superior court "to dismiss an action against petitioner on the ground that no return o£ the summons with proof of service was made within the three-year period specified in section 581a of the Code of Civil Procedure.
1
In that action, Olivia Flores (real party in interest herein) as plaintiff sued Rober...
Views: 9
Page 918
Statement of the Case The defendant was charged by information with the crime of burglary, a felony, in violation of section 459, Penal Code. He was also charged with having suffered three prior convictions of felony. 1 Prior to the trial the defendant admitted the truth of the allegations of the prior convictions of felony. Upon the trial the jury returned its verdict finding the defendant...
Views: 8
Defendant appeals from the judgment of conviction after jury verdict of violation of Penal Code, section 470 (forgery and uttering).
1
Questions Presented
1. Alleged prejudicial misconduct of the deputy district attorney
(a) in attempting to prove an alleged incriminating statement by defendant to a bail bondsman,
(b) alleged reference to items which court held inadm...
Views: 12
266 Cal.App.2d 942 (1968)
JOHN T. HARTONG et al., Plaintiffs and Respondents,
v.
PARTAKE, INC., Defendant and Appellant.
Civ. No. 24127.
California Court of Appeals. First Dist., Div. Two.
Oct. 30, 1968.
Boccardo, Blum, Lull, Niland, Teerlink & Bell, and Edward J. Niland for Defendant and Appellant.
Collins, Hays & Stewart, Collins, Hays, Stewart, Sanford & Berg and Walter V. Hays for Plaint...
Views: 1
This is an appeal on the judgment roll from a decision of the municipal court in favor of the plaintiff enforcing a sales tax liability against the appellant on a cause of action alleged under and pursuant to section 6711 of the Revenue and Taxation Code. ■ The defendant interposed demurrers alleging a special defense that' the cause of action was barred by the three-year statute of limitations pr...
Views: 1
|
About Apps, Extensions & AI System Status Privacy Security Contact Us | |
