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All Reporters → cal-app-3d → Volume 232
Opinions in cal-app-3d Volume 232
Opinion
Introduction
In this case we determine whether the Department of Corrections (Department) can limit certain publicly paid chaplaincy positions to persons ordained, accredited by and in good standing with the Roman Catholic Church without violating the establishment clause, the equal protection clause, or article I, sections 4, 7 and 8 of the California Constitution. We hold that it can.
F...
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232 Cal. App. 3d 32 (1991)
283 Cal. Rptr. 271
ELIAS S. OLVERA, SR., et al., Plaintiffs and Appellants,
v.
PAULA D. OLVERA, Defendant and Respondent.
Docket No. E008113.
Court of Appeals of California, Fourth District, Division Two.
July 9, 1991.
*34 COUNSEL
Harold M. Fagin for Plaintiffs and Appellants.
David P. Weilbacher for Defendant and Respondent.
[Opinion certified for partial publication.[...
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Page 44
Opinion
—Defendant/appellant Union Oil Company of California, doing business as Unocal, appeals a judgment by the trial court declaring its petroleum franchise transfer policy in violation of Business and Professions Code section 21148,
1
and enjoining its further execution.
Procedural History and Facts
Unocal is a California corporation engaged in the business of ref...
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Opinion
—Discrimination based on characteristics such as race, sex, age, and religion is repugnant in any form. Nevertheless, purely private clubs are free to engage in such discrimination. However, members of private discriminatory clubs may not deduct club-related business expenses on their state income tax returns. The Franchise Tax Board seeks disclosure of a private club’s membership...
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Opinion —Merrill D. Bodily and Tawna Bodily appeal from a denial of their motion for attorney’s fees. We reverse with directions. *85 Facts Respondent Rainier National Bank (Rainier) obtained a judgment in the State of Washington against the Bodilys on the basis that they were guarantors of a promissory note. The Washington judgment was entered on May 12,1988, and provided for principal...
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Opinion
—The defendant and appellant Southern California Edison Company (Edison) appeals a judgment entered in favor of the plaintiff and respondent Anthony Mancuso following the trial court’s summary adjudication of the issue of liability and a jury verdict as to damages. Plaintiff’s damages arose from the destruction of his business by a fire caused by an excessive amount of electrical ...
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Page 107
*108 Opinion —Since January 1990, John Luckett has filed at least 43 different appeals or writ petitions in this court while acting in propria persona. After due notice and an opportunity to be heard, the court has determined he is a vexatious litigant within the meaning of Code of Civil Procedure section 391, subdivision (b)(3), in that he has “repeatedly [filed] unmeritorious motions, plead...
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232 Cal.App.3d 112 (1991)
283 Cal. Rptr. 33
INTERNATIONAL JET SKI BOATING ASSOCIATION, INC., Petitioner,
v.
THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; TONY PARKER, Real Party in Interest.
Docket No. G010381.
Court of Appeals of California, Fourth District, Division Three.
June 24, 1991.
*113 COUNSEL
Hill, Genson, Even, Crandall & Wade and Janet M. Oldfield for Petitioner.
Terry C. Andrus, C...
Views: 0
232 Cal.App.3d 117 (1991)
283 Cal. Rptr. 314
DRAKE BRYAN TZOLOV, an Incompetent Person, etc., Plaintiff and Appellant,
v.
INTERNATIONAL JET LEASING, INC., Defendant and Respondent.
Docket No. H007660.
Court of Appeals of California, Sixth District.
July 11, 1991.
*118 COUNSEL
Trezza, Ithurburn & Steidlmayer and Michael J. Trezza for Plaintiff and Appellant.
Gassett, Perry & Frank, L. Christian Sp...
Views: 2
Page 123
Opinion —This is a petition for writ of mandate or supersedeas seeking a stay of enforcement of a money judgment without bond. The trial court awarded defendants and respondents a summary judgment consisting of attorney’s fees imposed as sanctions, costs, and attorney’s fees awarded the prevailing parties pursuant to contract. The judgment includes no actual damages. The issue is whether such a...
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232 Cal.App.3d 147 (1991)
283 Cal. Rptr. 422
THE PEOPLE, Plaintiff and Respondent,
v.
STEVEN RAMON TUGGLE, Defendant and Appellant.
Docket No. A048701.
Court of Appeals of California, First District, Division Two.
July 12, 1991.
*148 COUNSEL
Robert Derham, under appointment by the Court of Appeal, for Defendant and Appellant.
*149 John K. Van de Kamp, Attorney General, and Frances Marie Dogan, De...
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*161
Opinion
—Stanley Walsh, M.D., and Southwestern Corporation Medical Group, a corporation, appeal from the dismissal of their cross-complaint for spoliation of evidence following the sustaining of a demurrer without leave to amend.
Appellants are defendants in an action for wrongful death arising from alleged medical malpractice. The wrongful death complaint was filed by ...
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Opinion —Appellant Robert E. Overend was retired for disability as a “state miscellaneous” member of the Public Employees Retirement System (PERS). He subsequently sought reclassification as a “state safety” member. (Gov. Code, § 20013, subd. (b).) Respondent Board of Administration of PERS determined that appellant was properly classified as a miscellaneous member and not entitled to safety membe...
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Opinion —Crown Motors applied to the City of Redding for a use permit to construct and maintain an electronic reader board to display its advertising and other messages to the public. After Crown Motors filed its application, the city council enacted an ordinance prohibiting electronic reader boards. The ordinance was adopted as an urgency measure, thus becoming effective immediately and preven...
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Opinion
—Plaintiff United Services Automobile Association (USAA) brought this declaratory relief action against defendant Ann Dalrymple to resolve a coverage dispute concerning Dalrymple’s renter’s insurance policy. Dalrymple cross-complained alleging that USAA’s denial of coverage was in bad faith. Significantly, the cross-complaint was severed and the declaratory relief action proceeded...
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Page 188
Opinion
—In this case, we hold that the constitutionally protected public right of access to trials and pretrial proceedings in criminal cases does not extend to juvenile dependency proceedings. However, members of the press are persons having a “direct and legitimate interest in the work of the court” and may be permitted to attend such proceedings in the exercise of the juvenile court’s...
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Opinion
—Plaintiff A. Groppe & Sons Glass Company, Inc., appeals from a judgment entered after the trial court granted the motion of defendant Fireman’s Fund Insurance Company to dismiss the action for failure to serve summons and complaint within two years. (Code Civ. Proc., §§ 583.410, 583.420, subd. (a)(1).)
1
We conclude the trial court did not abuse its discretion in grant...
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Opinion
—George Eugene Armstrong appeals from a judgment of conviction following a jury verdict finding him guilty of possession of cocaine. (Health & Saf. Code, § 11350.) He claims his conviction must be reversed because the trial court erred when it denied his Penal Code section 995 (section 995) motion. Appellant also maintains the trial court improperly denied his request for probatio...
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Page 248
Opinion
—Appellant, Mary Dell, aka Winifred Strand, appeals from a judgment of conviction after a jury trial for one count of pimping and two counts of pandering in violation of Penal Code sections 266h and 266i. We
*252
find the various assignments of error do not warrant reversal and affirm the judgment below.
Facts and Proceedings Below
Because there is no challe...
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Opinion
—Merrill L. Kirkpatrick and Rosanna F. Kirkpatrick (Kirkpatricks), husband and wife owners of an Oceanside mobilehome park named Laguna Vista Mobile Estates, appeal from an order dismissing this action after the trial court sustained without leave to amend general demurrers brought by the State of California (State) and the City of Oceanside (City) to Kirkpatricks’ complaint for i...
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232 Cal.App.3d 307 (1991)
283 Cal. Rptr. 447
ARTURO LOPEZ, Plaintiff and Appellant,
v.
CIVIL SERVICE COMMISSION OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Respondents.
Docket No. A050164.
Court of Appeals of California, First District, Division Two.
July 16, 1991.
*310 COUNSEL
Davis, Cowell & Bowe, Philip Paul Bowe and Richard G. McCracken for Plaintiff and Appellant.
Louise H...
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Opinion
—Michael Brito appeals a judgment of convictions of robbery (Pen. Code,
2
§ 211), attempted murder, with a finding of premeditation and deliberation (§§ 664,187, subd. (a)), and assault with a firearm (§ 245, subd. (a)(2)). He asserts the court erred by (1) failing to instruct on attempted involuntary manslaughter as a lesser included offense; (2) refusing to instruct o...
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Opinion —Defendants North Coast Business Park and Michael I. Crain (together North Coast) appeal a judgment confirming a Labor Commissioner’s award in favor of plaintiff Vickie J. Clavell after the superior *330 court denied as untimely North Coast’s request for a trial de novo. The sole issue on appeal is whether the 1988 amendment to Labor Code section 98.2 allows an additional five days to...
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Opinion
I
Introduction
This case involves a purported roadway easement (easement) which the King family alleges exists in favor of the Kng family over land owned by the Mikels family in the City of Rancho Cucamonga. The Mikelses bought the land in question (Parcel No. 1) from Richwood Development Inc., which had apparently acquired it from the Desimones, who had purchased it fro...
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Opinion
—A traffic officer asked Robert Autry to step out of his car for a “patdown” search. Autry complied and the officer felt two objects which were similar to hypodermic needles and syringes. The officer removed the objects—which were indeed two hypodermic needles and syringes—and arrested Autry, who was later found to have cocaine on him. Autry now claims the officer did not have eno...
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232 Cal. App. 3d 378 (1991)
283 Cal. Rptr. 452
THE PEOPLE, Plaintiff and Respondent,
v.
DAVID ALLEN BORAGNO, Defendant and Appellant. In re DAVID ALLEN BORAGNO on Habeas Corpus.
Docket Nos. F013523, F014771.
Court of Appeals of California, Fifth District.
July 17, 1991.
*381 COUNSEL
Eric M. Weaver, under appointment by the Court of Appeal, for Defendant and Appellant.
John K. Van de Kamp and Dani...
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232 Cal. App. 3d 395 (1991)
283 Cal. Rptr. 668
DIANNE YOUNGWORTH et al., Plaintiffs and Appellants,
v.
JENNIFER STARK et al., Defendants and Respondents.
Docket No. A051761.
Court of Appeals of California, First District, Division Five.
July 18, 1991.
*397 COUNSEL
John Wm. Cumming for Plaintiffs and Appellants.
Mitchell, Dedekam & Angell and John M. Vrieze for Defendants and Respondents.
*398...
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232 Cal.App.3d 408 (1991)
283 Cal. Rptr. 688
ELYSIUM INSTITUTE, INC., et al., Plaintiffs and Appellants,
v.
COUNTY OF LOS ANGELES et al., Defendants and Respondents.
Docket No. B031797.
Court of Appeals of California, Second District, Division Seven.
July 18, 1991.
*416 COUNSEL
Stephen F. Rohde and Gregory T. Victoroff for Plaintiffs and Appellants.
De Witt W Clinton, County Counsel, and Karen A....
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—I concur in the judgment, but write separately to express dissatisfaction with the reasoning contained in the lead opinion under subparagraph I of the Discussion pertaining to third party liability of the broker for the tortious acts of an independent property appraiser. I am of the opinion that there was sufficient evidence (slight) before the trier of fact to entitle appellant to the requested ...
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Opinion
—Defendants City of Burbank, Michael R. Hastings, in his capacity as Mayor of Burbank, and Robert Bowne, Al Dossin, Mary Lou Howard, and Mary Kelsey, in their capacity as members of the Burbank City Council (herein referred to as City), appeal from an order awarding plaintiffs attorneys’ fees of $18,700 pursuant to Code of Civil Procedure section 1021.5. Plaintiffs Kathleen Angelheart, No...
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*489Opinion —In this case we hold a $48-per-year registration fee imposed on rent controlled units does not necessarily deprive landlords of their constitutionally guaranteed “just and reasonable rate of return.” Accordingly, we affirm the trial court’s rejection of a facial constitutional challenge to that fee. Statement of Facts and Proceedings Below In September 1985, the newly created City of ...
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Opinion —Defendant was convicted by a jury of second degree murder. He seeks reversal based on alleged instructional errors and abuse of discretion in admitting photographs of the victim’s corpse. We find no merit in these arguments and, therefore, affirm the conviction. Facts Defendant and the victim, apparently, were members of rival gangs. At about 11:30 one night defendant found the vic...
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Opinion
Introduction
In this insurance coverage dispute, George and Diana Messinger (the Messingers) appeal from a summary judgment in favor of State Farm. This dispute arose out of a two-car collision after the Messingers sought to recover under their automobile underinsurance policy with State Farm payment of damages not covered by the tortfeasor’s liability policy. The Messingers ...
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Page 553
Opinion
—Servando M., Sr., (Servando, Sr.) appeals from orders entered after a permanency planning hearing under Welfare and Institutions Code section 366.25
1
and a dispositional hearing under section 300. The orders concern his children, Servando, Jr., (born Sept. 9, 1981), Eric (born Aug. 22, 1982), Elizabeth (born Dec. 7, 1983), Daniel (born Oct. 11, 1985), Margaret (born N...
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232 Cal.App.3d 572 (1991)
283 Cal. Rptr. 732
In re COMPLEX ASBESTOS LITIGATION.
FLOYD W. WIDGER et al., Plaintiffs and Appellants,
v.
OWENS-CORNING FIBERGLAS CORPORATION et al., Defendants and Appellants; GAF CORPORATION et al., Defendants and Respondents; JEFFREY B. HARRISON et al., Objectors and Appellants. [And eight other cases.][*]
Docket No. A047921.
Court of Appeals of California, First Di...
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Opinion
—Attorney Jeffrey B. Harrison, his law firm, and their affected clients appeal from an order disqualifying the Harrison firm in nine asbestos-related personal injury actions.1 The appeal presents the difficult issue of whether a law firm should be disqualified because an employee of the firm possessed attorney-client confidences from previous employment by opposing counsel in pending liti...
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Opinion
—Defendant Timothy Thushun McGee challenges the trial court’s authority to reconsider and to vacate its earlier ruling setting aside defendant’s guilty plea to sexual molestation of a child under age 14. (Pen. Code, § 288, subd. (a).)
1
We hold that the court may not reinstate a guilty plea without defendant’s acquiescence.
The information charged defendant with se...
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Opinion Introduction The City of Chico and its chief of police, U. F. Bullerjahn, challenge a judgment that Chico police officer Terry Moore engaged in speech protected under the First Amendment when he wrote an article in “The Centurion!” newsletter which characterized police department management personnel as the chief’s “lackeys.” “The Centurion!” is a publication “Expressing the Thoughts ...
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Opinion
—Appellant Bradco International, Ltd. (Bradco) appeals from a judgment entered on a jury verdict in favor of Robert J. Horn (Horn). The jury, finding Bradco had breached an implied employment contract with Horn by terminating him, awarded Horn $464,269 in damages for lost salary and benefits, both past and future, plus $55,000 for additional consequential damages. Finding also tha...
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Opinion —The issue in this case is whether a defendant who is sued on a contract entitling a successful litigant to attorney’s fees under Civil Code 1 section 1717 may recover such fees where the plaintiff’s action is dismissed because it was not brought to trial within five years. Because we answer this question in the affirmative, we reverse the post-judgment order denying the motion of def...
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Opinion
— A jury convicted Richard Robert Sering on two counts of robbery (Pen. Code,
1
§ 211) and one weapon use enhance
*682
ment (§ 12022, subd. (a)).
2
He received a total sentence of five years, less custody and time-served credits. Sering appeals, contending (1) the San Diego County Superior Court lacked territorial jurisdiction over the May 25 ro...
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Opinion
—Robert Waldsmith, Sr., his son, and Coast Federal Savings and Loan Association,
1
the holder of the first trust deed and mortgage on Waldsmith’s building, appeal an adverse judgment, denying coverage under Waldsmith’s all-risk policy with State Farm Fire & Casualty Company.
*695
I
In December 1983, Waldsmith purchased rental dwelling insurance from S...
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232 Cal. App. 3d 708 (1991)
283 Cal. Rptr. 764
INA RUTH PERKINS, Plaintiff and Appellant,
v.
TIMOTHY HOWARD, Defendant and Respondent.
Docket No. A049833.
Court of Appeals of California, First District, Division Four.
July 22, 1991.
*711 COUNSEL
Kurahara & Morrissey, Michael T. Morrissey and Joseph R. Kafka for Plaintiff and Appellant.
LaFollette, Johnson, DeHaas & Fesler, John L. Supple ...
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Opinion
—Appellant Adrienne Di Donato appeals from a judgment in favor of respondent Steven H. Santini, her former husband, in her action seeking damages for respondent’s alleged refusal to share the profits of joint business ventures and to accord appellant full title to a single-family residence. Appellant also appeals, as does Joshua Di Donato (her son from a prior relationship), from ...
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232 Cal.App.3d 755 (1991)
283 Cal. Rptr. 533
KENNETH SCHILD et al., Plaintiffs and Appellants,
v.
MICHAEL P. RUBIN, Defendant and Respondent.
Docket No. B052727.
Court of Appeals of California, Second District, Division Five.
July 22, 1991.
*757 COUNSEL
Moser & Ostling and James L. Moser for Plaintiffs and Appellants.
Michael P. Rubin, in pro. per., for Defendant and Respondent.
OPINION
BOREN...
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Opinion
—This appeal involves the right to sell property under a deed of trust after the borrower’s default. We must determine whether a beneficiary with actual knowledge of facts materially affecting the value of property has a duty to disclose those facts to prospective bidders at a trustee’s sale. George A. and Anastasios A. Karoutas (the Karoutases) were successful bidders at a truste...
Views: 0
232 Cal. App. 3d 776 (1991)
283 Cal. Rptr. 546
DEPARTMENT OF HEALTH SERVICES, Petitioner,
v.
THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; TORRANCE MEMORIAL HOSPITAL, Real Party in Interest.
Docket No. B056132.
Court of Appeals of California, Second District, Division Three.
July 23, 1991.
*777 COUNSEL
Daniel E. Lungren, Attorney General, Charlton G. Holland, Assistant Attorney General, J...
Views: 0
Opinion —Petitioners Laurence Powell, Theodore J. Briseno, Stacey C. Koon, and Timothy E. Wind (collectively defendants) are police officers charged with specific charges of assault by force likely to produce great bodily injury and with a deadly weapon (Pen. Code, §§ 245, subd. (a)(1), 12022, subd. (a)(2), 1192.7, subd. (c)(8), 1203, subd. (e)(3)); 1 and an officer unnecessarily assaulting o...
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Opinion
—By the refiling of a mandate petition, which was summarily denied by this court upon its initial filing, a felony defendant asks this court to reconsider his challenge to the denial of his speedy trial motion.
Because this court viewed defendant’s first petition to be totally without merit, and viewed the refiling of the petition with one additional exhibit to
*807
...
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232 Cal. App. 3d 816 (1991)
283 Cal. Rptr. 551
LUNDEEN COATINGS CORPORATION, Plaintiff and Appellant,
v.
DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES, Defendant and Respondent.
Docket No. B051503.
Court of Appeals of California, Second District, Division Five.
July 23, 1991.
*822 COUNSEL
Ralph E. Wiggen for Plaintiff and Appellant.
James K. Hahn, City Attorney, Edward C. Farrell, Assi...
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Opinion —This appeal concerns whether the pendency of a federal tort claim for personal injuries against the United States government tolls the statute of limitations applicable to a state action against a defendant who was not a government employee and who was dismissed from a subsequent federal action because the federal court did not have jurisdiction over him. Under the circumstances of thi...
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Page 849
232 Cal.App.3d 849 (1991)
283 Cal. Rptr. 788
In re AMY M. et al., Persons Coming Under the Juvenile Court Law.
DARDELL McFARLIN, as Chief Probation Officer, etc., Plaintiff and Respondent,
v.
THOMAS M. et al., Defendants and Appellants.
Docket No. H006375.
Court of Appeals of California, Sixth District.
July 23, 1991.
*854 COUNSEL
S. Clay Bedford and Diane A. Baker, under appointments by the Cour...
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Opinion —Thomas and Dorothea M., parents of Amy and Michael M., appeal orders adjudicating their children dependents of the juvenile court. They argue on appeal that insufficient efforts were made to prevent the need to remove the children from their home; that insufficient evidence supports juvenile court jurisdiction and out-of-home placement; that Amy was not competent to testify; and that they...
Views: 0
*887
Opinion
—In this personal injury action stemming from a shooting incident at Cal Expo, plaintiff Dion Turner appeals a judgment of dismissal entered after the trial court granted summary judgment to all defendants. Plaintiff contends summary judgment was improper because defendants failed to negate all claims stated in the complaint and the court erred in precluding a claim ...
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Opinion —In this case we hold that Government Code section 6259, subdivision (d), mandates an award of court costs and reasonable attorney fees to a plaintiff who prevails in litigation filed under the California Public Records Act. We further hold that the plaintiff has prevailed within the meaning of the statute when he or she files an action which results in defendant releasing a copy of a p...
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Opinion —The Insurance Commissioner of the State of California (hereinafter the commissioner) appeals from a judgment of the *907 superior court declaring that certain provisions of Proposition 103, an initiative measure entitled the Insurance Rate Reduction and Reform Act, apply to automobile insurance policies issued under the California Automobile Assigned Risk Plan (hereinafter CAARP). (I...
Views: 0
232 Cal. App. 3d 916 (1991)
283 Cal. Rptr. 815
J.L. THOMAS, INC., et al., Plaintiffs and Appellants,
v.
COUNTY OF LOS ANGELES et al., Defendants and Respondents.
Docket No. B052176.
Court of Appeals of California, Second District, Division Seven.
July 25, 1991.
*919 COUNSEL
Joshua Kaplan for Plaintiffs and Appellants.
De Witt W. Clinton, County Counsel, Charles J. Moore and Richard D. Weiss, Depu...
Views: 0
*933
Opinion
—Danny Calderon, Jr., became involved in a quarrel with Hiep Bui and another man near the handball courts at Memorial Park in Santa Ana. Calderon retrieved a shotgun from his car and shot at Bui four times. He missed Bui, but hit seven-year-old Felix Angel, who was playing five feet away. Angel suffered a broken arm and a skull fracture. Although he denied it, Calder...
Views: 1
Opinion
—Plaintiff/respondent Union Bank secured a summary judgment against defendants/appellants John B. Anderson, Yolo Petroleum, Henry H. Stone, and H. H. Stone & Sons.
1
Defendants filed timely appeals.
On October 20, 1988, Union filed its first amended complaint for foreclosure of deeds of trust. The first cause of action alleged that Anderson and Stone defaulted on a...
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Opinion —After a contested hearing, the juvenile court found true allegations that Charles C., age 17, committed rape in concert (Pen. Code, §§ 264.1, 261, subd. (2)), lewd and lascivious conduct (Pen. Code, § 288, subd. (a)) and unlawful intercourse (Pen. Code, § 261.5). The court found he came within the provisions of the Welfare and Institutions Code 1 section 602 and committed him to the ...
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Opinion —This in an appeal from an order setting apart a probate homestead pursuant to Probate Code section 6520.1 For reasons we shall explain, we reverse the order. *964Leonard Liccardo, an attorney, died on July 16, 1988, leaving his wife, Kathleen, who was eight months pregnant, and their two minor children. Liccardo also had four children from a previous marriage, all of whom were adults. On ...
Views: 0
Opinion
—In this tax refund action arising under the Motor Vehicle Fuel License Tax Law (Rev. & Tax. Code, § 7301 et seq.), the State Board of Equalization (Board) appeals from a judgment in favor of the taxpayer, Al-Sal Oil Company, Inc. (Al-Sal). The issue is whether Al-Sal was required to pay an excess gallonage tax—applicable to licensed distributors —on its retail sales of straight ...
Views: 0
Opinion
—American Broadcasting Companies, Inc., KGO-TV, and Carol Ivy (appellants) appeal from a judgment entered against them in a defamation action brought by Michael J. Weller (Weller), Edgar W. Morse, and Argentum Antiques Ltd., Inc. (Argentum). The jury found that a series of broadcasts in February and March of 1984 concerning the origin and value of certain antique silver candelabra...
Views: 0
Opinion
— Appellant Luna Records Corporation, Inc., appeals from an order of the Sonoma County Superior Court sustaining without leave to amend the demurrer of respondents Carlos E. J. Alvarado, California Broadcasting System, Marta Moreno Figueroa and Difusora del Valle, and granting respondents’ motion to strike the complaint because it was barred by the statute of limitations.
1...
Views: 2
Opinion
—In this case we decide that failure of a plaintiff to make a return of summons or other proof of service within three years and sixty days after filing a complaint does not mandate dismissal of the action if the defendant made a general appearance within that time period. (Code Civ. Proc., §§ 583.210, subd. (b), 583.220, 583.250.)
1
Procedural Background
On Augu...
Views: 0
Opinion
—In this case we hold that the 10-year time limit Code of Civil Procedure section 337.15 places on suits for latent defects in improvements to real property commences when the defendant’s work on the improvement is substantially completed, rather than when the improvement itself is substantially completed. The trial court here granted the motion of respondent, The Rust Engineering...
Views: 0
Page 1048
*1051
Opinion
—Defendant California State Board of Equalization (Board) appeals from the judgment for plaintiff Transamerica Occidental Life Insurance Company (TOLIC) entered after the trial court overruled the Board’s demurrer and granted TOLIC’s summary adjudication of issues motion. The sole issue on appeal is which of two tax rates in Revenue and Taxation Code section 12202 a...
Views: 1
Opinion
—In consolidated appeals, the Church of Scientology of California (the Church) and Mary Sue Hubbard (hereafter collectively plaintiffs) appeal from an order after appealable judgment unsealing the file in
Church of Scientology of California
v.
Gerald Armstrong
(No. B038975), and from the judgment entered in the case (No. B025920). We vacate the order and affi...
Views: 0
Opinion —Elizabeth Seykora, a Los Angeles County Deputy Public Defender, challenges an order of the respondent court imposing sanctions against her in the amount of $250, pursuant to Code of Civil Procedure section 177.5.1 *1078Facts and Procedural History On December 12, 1990, Seykora was the public defender’s calendar deputy assigned to Department 118, the courtroom presided over by Judge Regina...
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Page 1090
Opinion —The parents and brothers of Meghan K. Fife appeal a summary judgment granted to Jennifer Astenius. The Fifes are seeking recovery for the alleged negligent infliction of emotional distress (hereafter NIED) caused when they heard a car crash and went to the street to discover Meghan had been injured. The Supreme Court’s guidelines for recovery in Thing v. La Chusa (1989) 48 Cal.3d...
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Page 1231
Opinion I. Introduction Plaintiffs appeal from (1) an order of the Santa Clara Superior Court denying their motion to vacate dismissal with prejudice of their action against defendant, and (2) a subsequent judgment of the Santa Cruz Superior Court in favor of defendant based on the dismissal. Plaintiffs contend that their attorney’s dismissal of the action with prejudice was without their aut...
Views: 1
232 Cal.App.3d 1239 (1991)
284 Cal. Rptr. 18
Adoption of MATTHEW B., a Minor.
NANCY B., Plaintiff and Appellant,
v.
CHARLOTTE M., Defendant and Respondent. TIMOTHY M., Plaintiff and Respondent,
v.
NANCY B., Defendant and Appellant.
Docket Nos. A044280, A045711.
Court of Appeals of California, First District, Division Three.
July 30, 1991.
*1250 COUNSEL
Rita L. Swenor, under appointment by the Cou...
Views: 1
*1278
Opinion
—In this our third visit to the subject of this controversy,
1
minor plaintiff Jacob Schneider represented by his mother and guardian ad litem Marcia Schneider appeals from a summary judgment entered in favor of defendant Sacramento law firm Friedman, Collard, Poswall & Virga (Friedman Collard). In 1987, Friedman Collard through partner Morton Friedman re...
Views: 0
Page 1286
232 Cal.App.3d 1286 (1991)
284 Cal. Rptr. 38
In re ANDREW V., a Minor.
SAN BERNARDINO COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES, Petitioner and Respondent,
v.
DAVID O., Objector and Appellant.
Docket No. E008285.
Court of Appeals of California, Fourth District, Division Two.
July 30, 1991.
*1288 COUNSEL
David F. Blaisdell, under appointment by the Court of Appeal, for Objector and Appellant.
Al...
Views: 0
Page 1286
Opinion —David O. (father) has appealed from an order terminating his parental rights as to Andrew V. (minor), following a trial of the consolidated matters of father’s action to establish paternity and the department of public social services’ (DPSS) subsequent petition to terminate father’s parental rights. Facts Father and the minor’s mother lived together. When the minor’s mother told father s...
Views: 0
*1297
Opinion
—Golden West Baseball Company, operator of the California Angels baseball club, appeals after the trial court granted summary judgment in favor of defendant William O. Talley, former city manager of the City of Anaheim (the City). Golden West sued Talley for fraud, but as damages alleged only attorneys’ fees incurred in a prior action against the City. We find Golde...
Views: 0
Opinion —William and Phyllis Czapar each appeal from the judgment in this marital dissolution. Phyllis contends the trial court erred in deducting the value of a future covenant not to compete from the value of the family business awarded to William. William contends the trial court erred in reclassifying certain amounts paid to Phyllis during separation as spousal support, finding he had waste...
Views: 0
Opinion
—This is a fight between two insurance companies over who should pay for the tragic results of an auto accident involving a water truck
*1323
in January 1987. The matter boils down to the applicability of the auto exclusion in one insurer’s policy. The appeal requires us to decide whether a water truck equipped with permanently attached spraying equipment comes within...
Views: 2
Opinion
—Wallace J. Brown appeals from a judgment of dismissal following the sustaining of a demurrer without leave to amend.
Appellant alleged in his complaint that he went to a 7-Eleven store to purchase two California Lottery tickets. The store clerk informed him that the terminal was not functioning properly and that only tickets with terminal-generated number selections could be...
Views: 0
Opinion
I. Introduction
This appeal by Manuel Glenn Abascal challenges an allocation of attorney fees upon settlement of class action litigation arising from the assessment of various checking account fees by Wells Fargo Bank, N. A., and Crocker National Bank. We previously affirmed a judgment approving the settlement in
Rebney
v.
Wells Fargo Bank
(1990) 220 Cal...
Views: 0
Opinion —George Horeczko (appellant) appeals from a judgment of the superior court which denied his petition for a writ of administrative mandamus directing the State Board of Registration for Professional Engineers and Land Surveyors (the Board) to approve his application for permission to use the title “geotechnical (soils) engineer.” We have examined the statutory scheme under which his appl...
Views: 0
Page 1362
232 Cal.App.3d 1362 (1991)
284 Cal. Rptr. 62
MARGARET HAWORTH et al., Plaintiffs and Appellants,
v.
BENJAMIN LIRA et al., Defendants and Respondents.
Docket No. B045630.
Court of Appeals of California, Second District, Division Five.
July 31, 1991.
*1364 COUNSEL
Hogan, Baynes & Haworth, Greason Haworth and Maral Injeyan for Plaintiffs and Appellants.
Cassidy, Warner, Brown, Combs & Thurbe...
Views: 0
232 Cal.App.3d 1410 (1991)
284 Cal. Rptr. 106
BRIAN B. CHARLES, Plaintiff and Appellant,
v.
BOARD OF ADMINISTRATION, PUBLIC EMPLOYEES' RETIREMENT SYSTEM et al., Defendants and Respondents.
Docket No. G009842.
Court of Appeals of California, Fourth District, Division Three.
July 22, 1991.
*1411 COUNSEL
Seth J. Kelsey for Plaintiff and Appellant.
Edward J. Cooper, City Attorney, Richard E. Lay, Ass...
Views: 0
Opinion —Carlos Rivadeneira appeals from judgment entered following his negotiated plea of guilty to residential burglary, with court findings of five prior serious felony convictions. (Pen. Code, §§ 459, 667, subd. (a).) Appellant contends: “I. The enhancements as to the priors occurring before 1986 must be stricken as a matter of law. II. The trial court erred in failing to state reasons for imp...
Views: 0
Page 1422
232 Cal. App. 3d 1422 (1991)
284 Cal. Rptr. 70
J. ANDREW LUBIN et al., Petitioners,
v.
PETE WILSON, as Governor, etc., et al., Respondents; MATTHEW K. FONG, Real Party in Interest.
Docket No. D014315.
Court of Appeals of California, Fourth District, Division One.
August 1, 1991.
*1425 COUNSEL
Merrick Scott Rayle for Petitioners.
Daniel E. Lungren, Attorney General, N. Eugene Hill, Assistant Attor...
Views: 0
232 Cal. App. 3d 1432 (1991)
284 Cal. Rptr. 154
EMMA CASTRO et al., Plaintiffs and Appellants,
v.
LOS ANGELES COUNTY BOARD OF SUPERVISORS et al., Defendants and Respondents.
Docket No. B053611.
Court of Appeals of California, Second District, Division Three.
August 2, 1991.
*1433 COUNSEL
Litt & Stormer, Dan Stormer and Virginia Keeny for Plaintiffs and Appellants. *1434 Nossaman, Guthner, Kno...
Views: 0
232 Cal.App.3d 1446 (1991)
284 Cal. Rptr. 171
FRIENDS OF LA VINA et al., Plaintiffs and Respondents,
v.
COUNTY OF LOS ANGELES, Defendant and Appellant; CANTWELL-ANDERSON, INC., et al., Real Parties in Interest and Appellants.
Docket No. B053286.
Court of Appeals of California, Second District, Division Two.
August 5, 1991.
*1449 COUNSEL
De Witt W. Clinton, County Counsel, Charles J. Moore and Ric...
Views: 0
Page 1489
Opinion
—Appellants appeal an injunction which limits their access to patients of Dr. Edward Allred, owner and operator of Family Planning Associates Medical Group (FPAM). In particular, they object to the court’s restraining their entry onto the private parking lot of the professional center in which FPAM is located.
I
Appellants have picketed FPAM for several years, but, until...
Views: 1
232 Cal.App.3d 1518 (1991)
284 Cal. Rptr. 201
In re the Marriage of CAROLE and GEORGE KILBOURNE.
CAROLE M. KILBOURNE, Respondent,
v.
GEORGE W. KILBOURNE, Appellant.
Docket No. A044736.
Court of Appeals of California, First District, Division One.
August 6, 1991.
*1520 COUNSEL
Frank R. Frisch for Appellant.
William F. Urich for Respondent.
[Opinion certified for partial publication.[]]
OPINION
DO...
Views: 0
*1531 Opinion —Appellant challenges the validity of his out-of-state prior convictions which were used to enhance his sentence. Facts Appellant was charged with 15 offenses arising out of a series of armed robberies and assaults. The most serious charge was aggravated assault by an habitual offender (Pen. Code, § 667.7). 1 Appellant pled guilty to two counts of possession of a firearm b...
Views: 1
Opinion
—“For every wrong there is a remedy.” (Civ. Code, § 3523.) Here the remedy is restitution: “. . . restoration of anything to its rightful owner; the act of making good or giving equivalent for any loss, damage, or injury . . . .” (Black’s Law Diet. (5th ed. 1979) p. 1180, col. 2.)
Gardiner Solder Company (Gardiner) appeals from the judgment in favor of respondents, SupAlloy ...
Views: 0
Opinion
—In this case we hold that individual members of a homeowners association in a planned residential development have no standing to maintain an action against insurance companies on policies purchased by and issued to the homeowners association managing the development and under which plaintiffs are not insureds. We therefore affirm summary judgment in favor of defendants United Pa...
Views: 0
232 Cal.App.3d 1571 (1991)
284 Cal. Rptr. 211
THE PEOPLE, Plaintiff and Respondent,
v.
JOSE D. GUTIERREZ, Defendant and Appellant.
Docket No. A051889.
Court of Appeals of California, First District, Division Five.
August 7, 1991.
*1572 COUNSEL
James B. Laflin, under appointment by the Court of Appeal, for Defendant and Appellant.
Daniel E. Lungren, Attorney General, George Williamson, Chief Assis...
Views: 1
*1594
Opinion
—Penal Code
1
section 290 requires registration of persons convicted of various sex offenses, including assault with intent to commit rape or sodomy under section 220. The statute does not expressly require registration upon conviction of assault with intent to commit oral copulation, another crime listed in section 220, but does so for conviction of felo...
Views: 0
Page 1599
Opinion
—The chief questions presented by this appeal are whether plaintiff, a publicly employed social worker, stated facts sufficient to constitute a cause of action in her complaint based upon an allegedly defamatory letter written by defendant to plaintiff’s supervisor and whether plaintiff is a “public official” within the meaning of
New York Times Co.
v.
Sullivan
...
Views: 0
Opinion —Appellant Daniel Guiterrez appeals following jury trial where he was convicted on five counts of violating Penal Code sections 261, subdivision (2), and 264.1 (rape by force while acting in concert with others). He asserts the court erred (1) by refusing to instruct on the offense of battery; (2) by denying his motion for judgment of acquittal and for a new trial based on the insuffici...
Views: 2
232 Cal.App.3d 1643 (1991)
284 Cal. Rptr. 241
THE PEOPLE, Plaintiff and Respondent,
v.
TONY MARCUS WILLIAMS, Defendant and Appellant.
Docket No. A048434.
Court of Appeals of California, First District, Division Two.
August 8, 1991.
*1645 COUNSEL
Joann M. Cook, under appointment by the Court of Appeal, for Defendant and Appellant.
Daniel E. Lungren, Attorney General, and Christopher W. Grove, Depu...
Views: 1
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