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All Reporters → cal-app-3d → Volume 137

Opinions in cal-app-3d Volume 137

Opinion Petitioner seeks writ of mandate compelling the trial court to grant petitioner’s request for a writ of possession to recover telephone equipment leased to real party in interest. Real party’s only defense to the claim of possession is that the equipment was defective. We conclude that real party’s alleged right to damages based upon the defects is independent of petitioner’s right to poss...
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Opinion Both of the above appeals are from portions of an order of the superior court with respect to costs on a prior appeal in plaintiff’s action seeking a declaration of the parties’ rights, rescission, and restitution with respect to a complex real estate transaction wherein plaintiff was seller and lender, and defendants were buyer and borrower. The former appeal was from a judgment ...
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Opinion This is a consolidated appeal from the judgment of conviction of second degree burglary and motion for new trial pursuant to Penal Code *24 section 1181, subdivision 9. At issue is whether a defendant who flees the jurisdiction following a guilty verdict and is not apprehended and sentenced until after the destruction of the court reporter’s notes must be granted a ne...
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*36 Opinion The county-auditor (Bloodgood) appeals from a judgment in favor of plaintiffs, respondents and cross-appellants—each of the 24 separate municipal court districts in Los Angeles County—and against defendant, appellant, and cross-respondent Mark Bloodgood, Auditor Controller of the County of Los Angeles. The court below found that respondents properly hired indepen...
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*58 Opinion Introduction Petitioner appeals from a judgment denying a petition for writ of mandamus and/or prohibition and/or administrative mandamus. Statement of Facts Petitioners are the owners and operators of the Starwood nightclub, located within the County of Los Angeles, operating and maintaining a building and premises in which food, beverages and entertai...
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Opinion Introduction Petitioner Geraldine A. Adkins appeals from an order vacating and annulling final and interlocutory judgments of dissolution of marriage, and rescinding *72 and cancelling a written marital settlement agreement executed on July 22, 1980. Procedural Background On September 3, 1980, petitioner filed for dissolution of the parties’ marriage, alleging that all of the as...
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Opinion This is an appeal from a judgment after granting of motion of respondent City of Los Angeles (City) for summary judgment under Code of Civil Procedure section 437c. Appellant, Bunker Hill Associates (Bunker Hill), filed a class action suit challenging á tax on tenants under article 1.3 of the Los Angeles Municipal Code.1 *82City noticed a motion for summary judgment, whereupon Bunker Hill...
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Opinion The People, pursuant to Penal Code section 1538.5, subdivision (o), seek a writ of mandate directing respondent superior court to vacate an order suppressing statements made by real party and photographs *92 taken of him while he was in police custody. We issued an alternative writ and set the matter for hearing. We have concluded that the People are entitled to the writ they seek. ...
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Opinion Plaintiff Bos Material Handling, Inc., filed causes of action against defendant Crown Controls Corporation and others after Crown refused to renew its year-to-year dealer agreement with Bos. Crown petitioned *104 the court to stay the trial proceedings and to compel arbitration pursuant to an arbitration clause in the dealer agreement. The petition was denied on the g...
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Opinion On February 17, 1981, appellant David Eugene Gonzales was arrested for suspected violation of Vehicle Code section 23102, subdivision (a), driving an automobile while under the influence of intoxicating liquor. Pursuant to his arrest, and in accordance with Vehicle Code section 13353, the arresting officer asked appellant to submit to a chemical test for the purpose of determining his b...
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Opinion On December 16, 1981, we filed our opinion in this matter, a copy of which is appended hereto. Subsequently the Supreme Court granted a *122 hearing. Thereafter two events transpired. (1) The Supreme Court filed its opinion in the case of In re Marriage of Flaherty (1982) 31 Cal.3d 637 [183 Cal.Rptr. 508, 646 P.2d 179], and (2) the Supreme Court retransfered this case to this court ...
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*134 Opinion Lori Wilson appeals a judgment and order for conservatorship after a jury found her gravely disabled (Welf & Inst. Code § 5350). Lori was 23 years old at the time of trial. She had a six-year history of psychiatric problems, and had been hospitalized several times for treatment of her mental illness. Lori’s symptoms include sleepless nights, high energy levels, ...
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Opinion The People appeal a judgment following a directed verdict entered in favor of defendant Forest E. Olson, Inc. (FEO) in a civil case. During 1974 and 1975, FEO published newspaper advertisements listing a total of 926 addresses. The ads said the addresses were of homes in Orange and Riverside Counties which FEO had sold within four or eight days. The addresses were compiled by FEO’s co...
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Opinion We granted an alternative writ of mandate in the present case to reconsider a line of California authority upholding prepayment fees on secured real property loans against the challenge such penalties are unreasonable restraints on alienation in light of the California Supreme Court’s decision in Wellenkamp v. Bank of America (1978) 21 Cal.3d 943 [148 Cal.Rpt...
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Opinion The parents of Ann S., aged 13, have appealed from orders of the juvenile court taking her physical custody from them, as a result of charges and evidence that (1) the father had brutally beaten the minor, and (2) that her mother had failed to protect the minor from the physical abuse of the father. At the end of a somewhat lengthy juvenile court hearing, and before any order wa...
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137 Cal.App.3d 152 (1982) 186 Cal. Rptr. 833 LOUISIANA-PACIFIC CORPORATION, Plaintiff and Appellant, v. HUMBOLDT BAY MUNICIPAL WATER DISTRICT et al., Defendants and Respondents. CROWN SIMPSON CORPORATION, Plaintiff and Appellant, v. HUMBOLDT BAY MUNICIPAL WATER DISTRICT et al., Defendants and Respondents. Docket No. 46245. Court of Appeals of California, First District, Division Two. November 2, ...
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Opinion Jesse F. appeals from an order of the San Joaquin County Juvenile Court committing him to the California Youth Authority (CYA) and fixing his maximum period of confinement at 14 years. The order came after the Los Angeles County Juvenile Court sustained a petition (Welf. & Inst. Code, § 602) charging him with five counts: count I, attempted robbery (Pen. Code, §§ 211, 213) while p...
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Opinion Chadwick C., a 14-year-old minor, appeals from a judgment and dispositional order committing him to the California Youth Authority. His rather significant delinquent background will be discussed later. Our overriding issue is a “procedural one” in that appellant’s counsel seeks to expand the review beyond that stated in the notice of appeal which was simply: “Abuse of discretion by Ju...
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Opinion This is a consolidated appeal in which plaintiff City of Watsonville (City) appeals from adverse judgments rendered in favor of the respective respondents. The essential facts leading to the present appeals may be summarized as follows. On February 26, 1949, the City entered into a contract with the State Employees Retirement System (now the Public Employees Retirement S...
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Opinion Plaintiffs Susan A. Pappert and her minor children, Michael D. Pappert, Julie M. Pappert and Mark C. Pappert, appeal, from the judgment entered on the jury verdict in favor of defendant San Diego Gas & Electric Company (SDG&E) in their wrongful death action arising from the electrocution of Charles Pappert while attempting to trim a tree close to SDG&E’s uninsulated 12,000-volt po...
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Opinion Debra Silva sued Michael Weiss to establish him as the father of her child, for child support and for attorney fees. An order to show cause was filed for child support, attorney fees and court costs during pendency of the action. A temporary order provided for Weiss to pay Silva’s attorney fees to date as “additional child support.” Later a jury found Weiss was the father. Silva then appli...
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Opinion This litigation arises out of property damage caused by a 1974 landslide in Santa Cruz. The. trial court, sitting by stipulation without a *220 jury, found that Sundean, the original developer of the lots, was guilty of wilful misconduct in placing poor quality fill upon the hillside lots without proper compacting and engineering and of fraudulent concealment in faili...
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*230 Opinion We issued an alternative writ in this matter to determine whether, under the facts of this case, the trial court could have dismissed a petition filed against petitioner under Welfare and Institutions Code section 602, with prejudice to its being refiled. We have determined that petitioner’s right to a speedy trial was not violated. Further, such a dismissal would no...
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Opinion By petition for mandate a West German national corporation, Pierburg GmbH Co. KG (hereafter Pierburg), which is a defendant in the underlying personal injury products liability action in respondent court, seeks to vacate respondent’s order of June 9, 1982, that requires Pierburg to answer written interrogatories served upon it by plaintiffs (real parties in interest) without compliance ...
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*273 Opinion Jose R. appeals from an order of the juvenile court declaring him a ward of the court, pursuant to section 602 of the Welfare and Institutions Code, placing him in the Joan Green Group Home and imposing certain conditions of probation to be in effect during the minor’s placement and upon return to the home of his parents. The trial court’s order was based upon a find...
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137 Cal.App.3d 282 (1982) 187 Cal. Rptr. 1 THE STATE OF CALIFORNIA ex rel. DEPARTMENT OF REHABILITATION et al., Petitioners, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; CITY OF OAKLAND, Real Party in Interest. Docket No. A016948. Court of Appeals of California, First District, Division Four. November 9, 1982. *284 COUNSEL George Deukmejian, Attorney General, Michael Franchetti, Chief Dep...
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Opinion The State of California, through the Department of Rehabilitation, and the Attorney General of the State of California seek a writ directing respondent court to grant a motion by petitioners for judgment on the pleadings. We grant the writ. Keith Kellum, a physically handicapped person, sued the Silver Dragon Restaurant, Inc., alleging failure to provide at a place of public accommodation...
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Opinion Irving Moskowitz petitioned this court for a writ of mandate directing respondent superior court to vacate its order denying petitioner’s motion for a protective order limiting the use of his deposition, and to enter an order granting appropriate protection. We initially denied the petition but, on petitioner’s application, the Supreme Court granted a hearing and retransferred the...
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*322 Opinion The basic issue presented by this appeal is whether employees who serve the superior court in Santa Clara County are employees of the court or of the county. The Service Employees International Union, Local 715, AFL-CIO (union or petitioner) petitions this court for a writ of mandate requiring the Superior Court for the County of Santa Clara and its clerk, John Kazubowski (resp...
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Opinion Plaintiffs, trustees, appeal from a summary judgment based on a ruling that the statute of limitations had run on their attorney malpractice action. Defendants have filed a purported protective cross-appeal from the denial of their motion for summary judgment on the grounds that plaintiffs no longer had standing to bring suit on behalf of the trust. Plaintiffs Howard Gurkewit...
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Opinion In 2 consolidated informations appellant was charged in 25 counts; 24 of the counts involved sexual crimes and attempts against children, under Penal Code sections 288, subdivisions (a) and (b), 647a, and 664. One count involved attempted escape from the county jail. (Pen Code, § 4532, subd. (b).) Appellant pleaded nolo contendere to 10 of the charges: 2 counts of lewd acts on children un...
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Opinion Defendant Jerald Abbot Adams was charged with assault with intent to commit murder (Pen. Code, § 217) and discharge of a firearm at an occupied building (Pen. Code, § 246). After opening statements at the commencement of the original trial, the court granted Adams’ motion for mistrial on the ground the district attorney had not previously given Adams’ counsel discovery of tapes and othe...
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Opinion Having waived a jury trial and by stipulation submitted the cause on the transcript of the testimony taken at the preliminary hearing, defendant was found guilty of child stealing in violation of section 278.5, subdivision (a), Penal Code, as charged in the information. He appeals from the judgment. Robert was born to Donna Cain and defendant on August 31, 1979; they lived together un...
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Opinion Plaintiffs Susan Erzinger et al., appeal a judgment favoring the Regents of the University of California (University) on the plaintiffs’ third amended complaint. The plaintiffs’ third amended complaint alleges: Plaintiffs are students at the University; the University collects a registration fee from all students; the registration fee is used to provide health services to students at ...
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Opinion Mark Albert McElheny appeals his jury-tried conviction and sentence to prison for robbery and burglary, both with personal use of a firearm (Pen. Code, §§211, 459 and 12022.5), 1 and for assault on a peace officer and assault with a deadly weapon, both while armed with a firearm (§§ 245, subd. (b), 245, subd. (a), and 12022, subd. (a)). On July 17, 1980, McElheny and his accomplice,...
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Opinion Convicted of one count of burglary (Pen. Code, § 459) by guilty plea, defendant Victor L. DePaul was granted probation for a period of two years. More than two years later probation was revoked and defendant was sentenced to state prison. He appeals from the judgment. At issue is the meaning of a statutory provision that revocation, “summary or otherwise, shall serve to toll the runni...
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Opinion Plaintiff is the owner of a small lot in the City of Pasadena. Because of its shape and size, the lot, under the applicable zoning ordinance, is not available for the construction of the residence plaintiff desires to build on it. He applied for a zone variance, which was denied by the local agency and, on appeal, by the city council. He then brought a proceeding in administrative manda...
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Opinion Defendant pled guilty to cultivation of marijuana (Health & Saf. Code, § 11358) following a denial of his request for diversion. The denial was based upon the district attorney’s determination that the amount cultivated was not for “personal use,” a condition of eligibility for diversion (Pen. Code, § 1000). Defendant appeals upon a certificate of probable cause (People ...
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Opinion Plaintiff Richard H. Perley appeals from the denial of his petition for a writ of mandate directing respondent Board of Supervisors of Calaveras County (board) to vacate its decisions approving a conditional use permit and a reclamation plan for a proposed mining project of real party Western Source, Inc. (WSI), and to enjoin further action on the project by the county or the deve...
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Opinion In this action for the refund of sales tax paid under protest (Rev. & Tax. Code, § 6933), 1 the plaintiff-taxpayers (plaintiffs) claim the State Board of Equalization (the Board) erroneously assessed and collected certain sales taxes. This claim was rejected in a trial by the court and judgment was entered for defendant. Plaintiffs appeal, contending: (1) they prov...
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Opinion Petitioners Sacramento County and its sheriff are defendants in an action pending in the respondent superior court. In this writ proceeding, they seek mandate to secure a protective order limiting discovery and to vacate a trial court stay of enforcement of an ordinance. A writ of mandate will issue directing the granting of a protective order. The pending action in respondent court tende...
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Opinion This appeal has its basis in the tragic fire which swept through the MGM Grand Hotel in Las Vegas injuring a large number of hotel guests and employees. Plaintiffs Billy J. and Patricia Ann Dendy were guests at the hotel at the time of the fire and brought suit in California to recover for personal injuries and other damages allegedly resulting from the blaze. Two *460 of the defendan...
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137 Cal.App.3d 465 (1982) 187 Cal. Rptr. 100 THE PEOPLE, Plaintiff and Respondent, v. JAVIER C. MACIAS, Defendant and Appellant. Docket No. 13362. Court of Appeals of California, Fourth District, Division One. November 17, 1982. *468 COUNSEL Quin Denvir, State Public Defender, under appointment by the Court of Appeal, Victoria Sleeth, Lynda Romero and Jeffrey Stuetz, Deputy State Public Defenders...
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Opinion Javier C. Macias appeals his judgment of conviction for attempted murder (Pen. Code, §§ 187, 664),1 possessing a knife in an honor camp (§ 4574), escape from an honor camp (§ 4532, subd. (a)), and findings he per*469sonally inflicted great bodily injury (§ 12022.7) and used a dangerous or deadly weapon (§ 12022, subd. (b)) while committing the attempted murder and escape. He incorrectly co...
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Opinion This appeal is from a judgment of the superior court denying Carlos Ayala’s petition for writ of prohibition. *486The petition sought to prohibit the Ventura County Municipal Court, and particularly Judge Frederick Jones, from taking further action on Ayala’s case. The petition alleged as follows: On April 4, 1980, Ayala appeared in Judge Jones’ courtroom and pleaded nolo contendere to a c...
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Opinion Dr. Larry R. Bartschi (plaintiff) sued defendants Chico Community Memorial Hospital (Chico), N.T. Enloe Memorial Hospital (Enloe), and Feather River Hospital (Feather River) alleging his wrongful removal from their medical staffs. He appeals various orders and a judgment which (1) denied him discovery against Chico and Enloe, (2) granted summary judgment to Feather River because o...
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Opinion Background This is an appeal from a judgment entered on May 19, 1981, in favor of respondent the City of Los Angeles (hereinafter City) in an action for personal injuries instituted by appellant Wakking L. Lewis, a minor, by and through his guardian ad litem, Margie Lewis. On November 8, 1975, appellant was struck and seriously injured by a motorist while he was crossing the interse...
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Opinion Plaintiff brought a class action on behalf of the holders of unsecured debentures issued by Metro-Goldwyn-Mayer, Inc. (MGM), the predecessor of defendants MGM Grand Hotels, Inc. (Hotels) and Metro-Goldwyn-Mayer Film Company (Film Co.). In 1980, several years after the debentures were issued, MGM decided to divide its business into two separate corporations—one to operate the hotel busin...
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*534 Opinion Charles Anthony Parrison appeals the judgment entered on the jury verdict convicting him of attempted murder (Pen. Code, §§ 664 and 187) 1 with personal use of a firearm (§ 12022.5) and with being an ex-felon in possession of a firearm (§ 12021). We reject his several contentions pertaining to pretrial, trial, and posttrial error and affirm the judgment. Factual and Procedur...
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137 Cal.App.3d 542 (1982) 187 Cal. Rptr. 130 THE PEOPLE, Plaintiff and Respondent, v. JORGE GUTIERREZ, Defendant and Appellant Docket No. 13993. Court of Appeals of California, Fourth District, Division One. November 19, 1982. *543 COUNSEL Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Gabriel C. Vivas, Deputy State Public Defender, for Defendant and Appellant. ...
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Opinion In these original proceedings, we are asked to pass upon the propriety of a protective order which prevents defendant fire insurance company from taking plaintiff insured’s deposition in an action the insured brought on the policy. The trial court, under the guise of upholding plaintiffs constitutional privilege against self-incrimination, imposed such an order, effective until cr...
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Opinion Jane Behrens (Wife) petitioned for dissolution of her 29-year marriage to Edwin H. Behrens (Husband). There were no minor children, and *568 the issue of dissolution itself was ultimately bifurcated and adjudicated without appeal. The other issues at trial were spousal support, property characterization and division, and attorney fees and costs. From the judgment purp...
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Opinion Appellants Henry Ray Masten and Freddie James Matilton were each charged by information with one count of kidnaping, rape, oral copulation, and two counts of assault with a deadly weapon. (Pen. Code, §§ 207, 261; 288a, subd. (c); 245, subd. (a).) Each count alleged that Matilton used and Masten was armed with a firearm. (Pen. Code, §§ 12022.5; 12022, subd. (a).) Appellant Matilton ple...
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Opinion Plaintiff Erwin Karz (hereinafter Karz) appeals from a judgment that he “shall take nothing” from defendants Harry Karl (hereinafter Karl), Debbie Reynolds (aka Mary Frances Karl, hereinafter Reynolds) and Raymax Productions, Inc. (hereinafter Raymax) in Karz’ action for damages for breach of contract, fraud and conversion. The judgment was rendered in a trial department when Karz advis...
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Opinion This petition by an employer challenges a decision by the Workers’ Compensation Appeals Board (hereafter Board) that the applicant was entitled to rehabilitation benefits. The issue raised is whether the Board erred in its ruling that the application was not barred by the statute of limitations. Novel and important questions concerning application of Labor Code sections 3207, 5404...
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Opinion This is an appeal from judgment following an order granting summary judgment for defendant on the grounds of lack of jurisdiction of the superior court. *677 Facts The record is somewhat confusing because only the answer to the original complaint is present, whereas the operative complaint in this record is the second amended complaint. Not only is the record la...
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Opinion Appellants Joseph Westrick and his son Vincent appeal from a directed verdict in favor of Doug Crawford, Joseph Westrick’s insurance agent, and State Farm Insurance (State Farm), his insurance company. In their complaint, appellants claimed that Jim Crawford, Doug Crawford’s father and also a State Farm agent, negligently failed to inform Joseph Westrick that a welding truck ...
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Opinion Facts After pleading guilty to possession of amphetamines (Health & Saf. Code, § 11378) pursuant to a stipulation that his sentence would run concurrent with any sentence imposed on another felony case, Richard Milton Hankins was referred for a narcotics evaluation under Welfare and Institutions Code section *696 3051. After spending 175 days at the California Re...
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Opinion A jury convicted Thomas Joseph Tucciarone of attempted murder with a knife causing great bodily injury (Pen. Code, 1 §§ 664/187, 12022, subd. (b), 12022.7), assault with a deadly weapon causing great bodily injury (§§ 245, subd. (a), 12022.7), mayhem (§ 203), exhibiting a deadly weapon in a threatening manner (§ 417), and assault with a deadly weapon (§ 245, subd. (a)). He was sentenc...
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Opinion Respondents brought an action against appellants for 1) “Interference with Advantageous Business and Contractual Relations,” and 2) violatiohs of the Cartwright Act (Bus. & Prof. Code, § 16700 et seq.). The tort action was abandoned after the trial court’s ruling that the damages sought by it were de minimis. The Cartwright Act antitrust case proceeded to jury trial, af...
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Opinion This appeal arises against the following background: Under the provisions of the Penal Code (to which all statutory references apply unless otherwise noted) the Director of Corrections (Director), as manager of the state prison system, is charged with the responsibility for the “care, custody, treatment, training, discipline and employment” of all prisoners (§ 5054). Upon arrival ...
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Opinion The department of Motor Vehicles (hereafter DMV) appeals from a judgment of the Superior Court of Monterey County granting a peremptory writ of mandate to vacate an order suspending respondent’s driver’s license. 1 Respondent has not filed a brief. We have concluded that the order of *740 the DMV was correct and that the judgment of the superior court should be reversed. At the ad...
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*753 Opinion National Coach Corporation is a disappointed low bidder on a state contract to provide buses. National’s bid was rejected for deviating from the contract specifications. National filed a protest (see Gov. Code, § 14813) with the State Board of Control that was rejected after hearing. National then filed a petition for review of the board decision in administrative ma...
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Opinion This appeal is from a judgment awarding plaintiff $10,000 in compensatory damages in his action for retaliatory eviction. The facts, stated in the light most favorable to the prevailing party, are as follows. In late December 1973, plaintiff Fritz Glaser and his wife, a retired couple, purchased a mobilehome and rented a space in Brookwood Mobile Home Park, owned by defendants Lewis M...
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Opinion The Governor and the Controller petition for a writ of mandate to compel the respondent superior court to vacate its order to show cause and its temporary restraining order enjoining the petitioners from implementing 1981 legislation that created 18 new Court of Appeal judgeships. (Stats. 1981, ch. 959; Gov. Code, §§ 69100-69102, 69104-69106.) The primary issue is whether two members (a...
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Opinion Frank Malynn appeals from a judgment of the Santa Clara County Superior Court denying his petition for a writ of mandate to compel the Morgan Hill Unified School District (District), and its superintendent, Robert B. Stannard, to rescind their assignment of him to Britton Middle School, and to reinstate him as a teacher at Live Oak High School. We affirm. Facts Appellant Frank M...
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*809 Opinion Appellant, Evelle J. Younger, appeals from a summary judgment in favor of respondents, State of California, the Board of Administration of the Public Employees’ Retirement System, and Carl J. Blechinger, executive officer, and against appellant on his petition for writ of mandate or certiorari, and for declaratory relief. Appellant served two 4-year terms as Attorney General of...
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*817 Opinion Plaintiff Ralph L. Collin (Collin) appeals from a judgment entered April 28, 1980, 1 in favor of Connecticut Valley Arms, Inc. (CVA) after jury trial verdict for CVA. We reverse on the basis that no verdict was reached, inasmuch as only seven jurors agreed in the special verdict that while CVA was negligent, its negligence was not a proximate cause of injury to plaintiff. (Se...
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*826 Opinion Respondent was charged with constructive possession of phenycyclidine (PCP) (Health & Saf. Code, § 11378.5).The charge was based upon the discovery of a quantity of PCP upon premises occupied by the defendant. The discovery occurred during a police search conducted pursuant to a warrant issued on the basis of information supplied by a police informant. This appeal by...
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Opinion Defendant, James Alvin Welch, was charged with murder (Pen. Code, § 187) and use of a firearm in the commission of the offense (Pen. Code, §§ 12022.5, 1203.06, subd. (a)(1)). His first jury trial ended in a mistrial. After a second jury trial, he was convicted of voluntary manslaughter (Pen. Code, § 192, subd. 1), a lesser and necessarily included offense of the murder charge. Defendant...
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Opinion The facts pertinent to our disposition herein are not in dispute and may be summarized briefly as follows. In July of 1977, respondent Georgina Zapata applied for benefits under the aid to families with dependent children (AFDC) welfare program. (Tit. IV-A of the Social Security Act of 1935, 42 U.S.C. § 601 et seq. (the Act).) That application was denied by the Los Angeles County Departme...
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Opinion Defendant Carl Campbell contends on appeal that his prosecution for three narcotic offenses 1 was barred by the statutory grant of “transactional immunity” conferred by Penal Code section 1324 when it was invoked by the district attorney to compel his testimony in another felony case. The People contend defendant was given a constitutionally adequate substitute of “use ...
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Opinion A jury found Mendonsa guilty of three counts of discharging a firearm into an occupied dwelling. (Pen. Code, § 246.) He has appealed from a judgment under which he was sentenced to state prison, which was rendered upon the jury’s verdicts. His contentions of error may reasonably be narrowed to three: (1) that the evidence was not sufficient to support the jury’s verdicts, (2) that h...
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Opinion Defendant Sequeira was convicted of 11 counts of robbery (Pen. Code, § 211), and 17 counts of false imprisonment effected by violence (Pen. Code, §§ 236,237). As to most if not all of the offenses, he was found to have used a firearm in their commission. (Pen. Code, § 12022.5.) He was also convicted of possession of a concealable firearm by one previously convicted of a felony. (P...
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Opinion The decedent, John Baptist, died at the age of 77 of acute pneumonia. Petitioner, his widow, claimed that her husband’s death was proximately caused by on-the-job exposure to respirable asbestos, while working as a machine-tender and shingle-maker from 1936 to 1965. *905 At the compensation hearing, Dr. Bristow expressed his conclusion that the pneumonia was “entirely related” to de...
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Opinion Plaintiff appeals from a judgment of nonsuit in a medical malpractice action arising out of surgery performed by defendant on plaintiff. Facts Plaintiff, Joni Hale, had a history of her left knee slipping out of joint since 1968. Her care was ultimately taken over by defendant, Dr. Ralph J. Venuto, an orthopedic surgeon who recommended corrective surgery after plaintiff suf *915 f...
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Opinion Neil Warren Skenandore and Pierre Adair Parent appeal after they were each convicted by a jury of two counts of attempted murder (Pen. Code, §§ 664, 187), three counts of assault with a deadly weapon (Pen. Code, § 245, subd. (a)), one count of receiving stolen property (Pen. Code, § 496), and one count of possession of a concealable firearm by an ex-felon (Pen. Code, § 12021). The jury ...
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Opinion TROTTER, J. Plaintiffs C-Y Development Company (C-Y) and Henry and Gloria Lopez (Lopez) petitioned the superior court for a writ of mandate to require the City of Redlands to issue a building permit to Lopez. The trial court denied the petition and plaintiffs appeal. Facts In 1978, the voters of Redlands adopted Proposition R, an initiative measure. Proposition R restricted develo...
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Opinion Statement of the Case On June 26, 1981, appellant pled guilty to assault with a deadly weapon (Pen. Code, § 245, subd. (a)) and admitted the enhancement of intentional infliction of great bodily injury in the commission of a felony (Pen. Code, § 12022.7). Appellant was 19 at the time that he committed the assault. A hearing was held to consider the probation report and recomm...
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Opinion Petitioner Burlington Northern Railroad Company is the defendant below in a personal injury action brought by lames R. Noyes, a Burlington employee who was injured while off-duty but in the course of his employment. Petitioner seeks a peremptory writ of mandate or prohibition directing the court below to vacate its decision finding the settlement between Burlington and Noyes was n...
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137 Cal.App.3d 948 (1982) 187 Cal. Rptr. 493 SAN JOSE COUNTRY CLUB APARTMENTS, Plaintiff and Respondents, v. COUNTY OF SANTA CLARA, Defendant and Appellant. Docket No. 47586. Court of Appeals of California, First District, Division Two. July 20, 1982. *951 COUNSEL Selby Brown, Jr., County Counsel, and Ann Miller Ravel, Deputy County Counsel, for Defendant and Appellant. Robert M. Myers, Acting Ci...
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Opinion Plaintiffs and appellants Wayne A. and Ann M. Ingebretsen appeal from an order of the San Francisco Superior Court to sell homestead and issue writ of execution against a dwelling house in which the homestead exemption was determined to be $40,000. We believe this exemption to be the correct one and so affirm the order. *959 Facts On August 6, 1976, a defaul...
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Opinion The Monterey County Board of Supervisors (hereafter Board) and Rancho Canada de la Segunda, Inc. (hereafter Rancho), appeal from an order stating that the Board failed to comply with the trial court’s peremptory writ of mandate and that a use permit which the Board had issued to Rancho was invalid. We affirm. Statement of the Case and of the Facts Rancho applied for a us...
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Opinion Real parties in interest 1 were plaintiffs in a libel suit against petitioners Penthouse International, Ltd., and Robert C. Guccione. After a lengthy jury trial resulting in a defense verdict, defendants filed a statement of disqualification pursuant to Code of Civil Procedure section 170 against Kenneth W. Gale, the judge who had presided over the trial. The statement of objection to...
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Opinion Della Coone, contestant of the will of Harold Hudson, appeals a judgment admitting the will to probate under Probate Code section 26. 1 Harold Hudson, a resident and domiciliary of San Diego County, made a will in 1977 while in Japan. The will, in the Japanese language and made with the assistance of a Japanese attorney, is stipulated to be valid in conformity with Ja...
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Opinion Jefferson Classroom Teachers Association (hereinafter Association) and certain certified teachers appeal from a judgment denying their motion for summary judgment and granting Jefferson Elementary School District’s (hereinafter District) cross-motion for summary judgment. Association and District entered into a collective bargaining contract on February 6, 1978. Article IV section A(l...
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Opinion Petitioners have sought an extraordinary writ to compel the trial court to vacate its order denying their motion for summary judgment, and to enter a contrary order. For reasons we shall explain, we consider this to be one of the exceptional cases in which relief at the pleading stage of a pending action is warranted. (See Babb v. Superior Court (1971) 3 Cal....
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*1018Opinion Defendant was charged with, and after a trial by the court (trial by jury having been duly waived) was found guilty of possession of marijuana for sale, in violation of section 11359 of the Health and Safety Code. He has appealed; we reverse the conviction with directions. Acting on a tip that a man named Billy Connors was selling marijuana from a certain address, the police sent a kn...
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Opinion Defendant was convicted of murder in the first degree (Pen. Code, § 187) and rape (Pen. Code, § 261, former subds. 2 and 3), and the alleged special circumstance that the murder occurred during the commission of the rape (Pen. Code, § 190.2, subd. (a)(17)(iii)) was found true. He was subsequently found to have been sane at the time of the commission of the murder and rape. Defenda...
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Opinion The question presented on appeal is whether the City of Santa Clara (City) was under a duty to pass through to its ratepayers certain savings in costs of purchasing electrical power. For the reasons hereafter discussed following our grant of rehearing, 1 we again conclude no duty existed. Facts The City of Santa Clara owns and operates a municipal electrical u...
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*1048 Opinion Judy and Duane Kilburn appeal the dismissal of their action against Anselmo Pineda, M.D., contending the superior court erred in finding the statute of limitations had run. On November 21,1975, the Kilburns sued Pineda, alleging medical malpractice. The superior court found the one-year statute of limitations of Code of Civil Procedure section 340.5 began to run on the action ...
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