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All Reporters → cal-app-3d → Volume 32

Opinions in cal-app-3d Volume 32

32 Cal.App.3d 1 (1973) 108 Cal. Rptr. 338 THE PEOPLE, Plaintiff and Respondent, v. MANUEL JOSEPH MORENO, Defendant and Appellant. Docket No. 24393. Court of Appeals of California, Appellate Department, Superior Court, San Joaquin. March 30, 1973. *3 COUNSEL Robert N. Chargin, Public Defender, and George W. Luke, Deputy Public Defender, for Defendant and Appellant. Joseph Baker, District Attorney,...
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Opinion An information charged defendant with assault with intent to commit murder. (Pen. Code, § 217.) He pleaded not guilty and not guilty by reason of insanity. A jury found him guilty as charged and another jury found him to have been sane. He appeals. Early in the evening of August 29, 1971, Robert Mattos was standing between two parked cars on a street in Weaverville. Mattos, who was 17...
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Opinion This dispute concerns the validity of an ordinance adopted by San Diego County’s Board of Supervisors redistricting the county’s five supervisorial districts after the 1970 federal census. The trial court held the ordinance invalid. The county and certain of its officers named in the action have appealed. *59 The Ordinance On October 5, 1971, the Board of Superv...
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*70 Opinion On June 25, 1971, petitioner was convicted of violating Health and Safety Code section 11531 (marijuana sale) and sentenced to prison for the term prescribed by law. He had been arrested on April 29, 1971, ánd entered a plea of guilty on June 9. On June 29, he was received by the Department of Corrections (hereinafter “Corrections”). His petition for habeas corpus alleges that he ...
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*80 Opinion Plaintiffs appeal from (1) a judgment in favor of defendant City of Los Angeles, entered after a jury returned a special verdict (Code Civ. Proc., §§ 624, 625) and (2) a judgment of nonsuit after opening statement (Code Civ. Proc., § 581c) in favor of defendant Bell Petroleum Company, a corporation. In addition, plaintiffs seek appellate review of orders of the court ...
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*94 Opinion On October 31, 1968, the City of Los Angeles (“City”) filed an application with the California Department of Aeronautics (“Department”) for site approval of its proposed Palmdale International Airport. Pursuant to section 21665 of the Public Utilities Code hearings on the application were conducted by a hearing officer on March 10, April 29 and April 30, 1969, at Palm...
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Opinion On April 20, 1972, the Workmen’s Compensation Appeals Board issued its award and findings that applicant sustained multiple injuries arising out of and occurring in the course of his employment and that applicant had sustained a permanent disability of 71 percent. The *100applicant and the respondent employer both filed petitions for reconsideration: the applicant contended that the refere...
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Opinion Plaintiffs California State Employees’ Association, et al., filed two separate actions for declaratory relief and writs of mandamus on behalf of all of the employees of the state whose salaries or wages are established either by the State Personnel Board, the Trustees of the California State Colleges (now the Trustees of the California State University and Colleges), or the Regent...
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*118 Opinion In this appeal from a judgment rendered after jury trial in favor of plaintiff Lily Bagar (respondent) for personal injuries received in connection with a multiple car accident, we are called upon to review the jury instructions which defined the duty owed by one of the drivers. Finding no prejudicial error, we affirm. The Facts Shortly after 1 a.m. on the Saturday of Jan...
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*126 Opinion This is an appeal by the People of the State of California from a final order in a proceeding arising out of the petition of Wenford La Rue Scott for a writ of habeas corpus. The order was that the Adult Authority: “ . . . conduct a preliminary hearing in accordance with the decision and rules of Morrissey v. Brewer, supra, 408 U.S. 471 [33 L.Ed.2d 484, 92 S.Ct. 2593] to de...
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Opinion County of Alameda, City of Oakland, and City of Emery-ville appeal from a judgment of the Alameda County Superior Court ordering that plaintiff recover certain taxes which were paid under protest. Ex-Cell-O Corporation was the owner of milk packaging machines which were leased to dealers in dairy products in Alameda County. During the years 1963, 1964, and 1965, the assessor ...
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Opinion Michael Kenneth Parks was charged by information with murder in violation of section 187 of the Penal Code. A jury found him guilty as charged and further found the murder to have been of the first degree. The same jury in the bifurcated penalty phase returned a verdict of death. The trial judge denied a motion for a new trial, refused to modify the jury’s verdict of death and ordered, ...
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Opinion Defendant and Charles Dreyer were indicted on eleven (11) counts of grand theft (Pen. Code, §§ 484, 487) and one (1) count of attempted grand theft. Defendant’s motion to dismiss the indictment (Pen. Code, § 995) was granted as to the attempt charge, and denied as to the others. He waived jury, was tried by the court, and convicted of 10 counts of grand theft. The court suspended ...
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Opinion On this appeal from a judgment denying issuance of a writ of mandate, appellant raises the question whether unemployment benefits may constitutionally be denied him under the circumstances in which he was discharged. He also argues that his conduct in refusing to *182shave his beard was not misconduct within the meaning of Unemployment Insurance Code section 1256. It is concluded that the ...
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Opinion This case deals with the question of whether appellant, who was employed by the State of California in the Department of Human Resources Development as a tax representative trainee 1 can be legally dismissed under the provisions of Government Code section 19572, subdivision (t), 2 because of his conviction upon a charge of possession of marijuana while off the job, without more. O...
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Opinion Appellant appeals from a judgment of conviction of forgery (Pen. Code, § 470) following trial by jury. *199 About January 24, 1972, appellant bought groceriés costing $21.32 at a Purity Food Store in Merced. He paid for the groceries with a check dated January 21, 1972 in the amount of $100, and received the balance in cash. The check was drawn upon the account of the Seventh Step F...
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Opinion Appellants, Realty Projects, Inc., Stanley Zimmerman, Richard Greenberg and Frances Varela, appeal from a judgment denying them a writ of mandate that would have directed the Department of Real Estate to set aside its decision and order suspending and revoking their real estate licenses. The basic issue of this appeal is whether under the Real Estate Law licensed real estate brokers a...
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Opinion Petitioners brought the subject class suit for a writ of mandate and declaratory relief on behalf of the faculties and academic employees of the University of California and California State Colleges. The basis .of the suit alleged in petitioners’ “First Amended Petition for Writ of Mandamus” is that the aforementioned academic personnel did not receive salary increases for the fi...
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Opinion By amended information, defendant was charged with assault with intent to rape (count 1, Pen. Code, § 220), assault by means likely to produce great bodily injury (count 2, Pen. Code, § 245, subd. (a)), oral copulation (count 3, Pen. Code, § 288a), and attempted forcible rape (count 4, Pen. Code, §§ 663, 664, 261, subd. 2). In connection with the charge of attempted rape (count 4), it w...
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Opinion The parties were married in 1947; they have four children; the oldest of whom—Am—is the subject matter of the present appeal. They were divorced in 1962, the interlocutory decree 1 providing (in pertinent part) as follows: “It is further ordered that defendant pay to Plaintiff for the support of said minor children the sum of $150.00 per month per child or a total of $600.00 per month...
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Opinion Plaintiff, as assignee of Thomas C. McMillan, sought a judicial declaration that it was entitled to certain shares of stock and money ($25,000) held by defendant bank (UCB) pursuant to a general pledge agreement executed and delivered to UCB by McMillan; in a separate cause of action alleging conversion, it also demanded the return of such assets. UCB having subsequently disclaimed any ...
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*291 Opinion The principal questions presented by this appeal are (1) whether, prior to instituting proceedings pursuant to section 600 of the Welfare and Institutions Code 1 to have children declared to be dependents of the juvenile court, social welfare agencies must first provide the child protective services established by sections 16500-16511; and (2) whether, pri...
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Opinion Plaintiff (a limited partnership, hereinafter called “D-B”) sought a judgment in declaratory relief that the lien of a deed of trust held by it on 172 lots in a tract, was prior and superior to the liens of two deeds of trust held by defendant Atlantic Savings and Loan Association (Atlantic). The judgment was adverse to D-B and it appeals. The issues arise out of a transactio...
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Opinion Appellant petitioned the superior court for a writ of mandate, pursuant to Code of Civil Procedure section 1094.5, directing respondents to grant his claim for unemployment insurance benefits. He appeals from a judgment denying the writ. During the 1969 canning season appellant was employed by Hunt- *335 Wesson Foods, Inc., where he earned sufficient wages to qualify for unemploymen...
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Opinion Petitioner Edith E. Warriner sought a writ of mandate (Code Civ. Proc., § 1094.5) directing the California Unemployment Insurance Appeals Board to set aside its decision denying petitioner unemployment insurance benefits. The trial court denied the writ, made certain findings of fact and conclusions of law, and judgment was entered accordingly. Petitioner has appealed. The facts developed ...
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*411Opinion By information, defendant was charged in count I with possession of marijuana (Health & Saf. Code, § 11530), and in count H, with possession of an amphetamine (Health & Saf. Code, § 11910). Defendant pleaded not guilty. Defendant’s motion pursuant to Penal Code section 1538.5 was submitted on the transcript of his preliminary hearing and was denied. Defendant submitted count. I on the...
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Opinion Defendants appeal from the judgment entered July 8, 1971,. awarding them $116,000 as compensation for their real property, condemned in fee for public parking purposes. Their complaint is that the award does not include “moving expenses,” damages by reason of relocation of their business, alleged loss in value to an assertedly unique auto parts inventory, loss of customers and business go...
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Opinion James E. Hamilton, real party in interest, has appealed from a judgment directing a peremptory writ of mandate to Harry M. Free, the County Clerk of Imperial County, that said clerk file a petition for the recall of Hamilton as District Attorney of Imperial County. The petitioners for the writ are Renee T. Dodge, Robert K. Dodge, Mary Agnes A. Poloni, Evan Derrick and Michael F. Ferri...
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Opinion Defendant Edward Arthur Grace appeals from an order granting probation entered after he pleaded nolo contendere to possession of dangerous drugs (Health & Saf. Code, § 11910, now § 11350) following denial of his motion to suppress evidence under Penal Code section 1538.5. He contends the motion to suppress evidence should have been granted because (1) the police stopped his car wi...
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Opinion The appeal is from a judgment entered following trial by jury finding appellant Charles Wheeler guilty on four counts of robbery, four counts of assault, one count of auto theft and one count of possessing an illegal weapon. Appellant and his codefendant, Ben Reed, entered the supermarket shortly before 5:30 a.m. on May 13, 1970. George Frazier, a clerk in the market, waited on them as the...
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Opinion Appellant is a professional football player. Respondent is a Michigan corporation, and it owns and operates a professional football team for profit. Appellant brought this action in the Superior Court of Kern County to recover his full salary for the 1970 professional football season; the complaint alleged that appellant contracted to play professional football for respondent for ...
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Opinion An amended information charged defendant with the murder (Pen. Code, § 187) of Hector J. Solis. It also charged that the defendant, in committing the offense, used a firearm. (Pen. Code, § 12022.5.) After lengthy deliberations a jury found defendant guilty of second degree murder. The firearm charge was found to be true. Defendant appeals. Facts The homicide occurred during the nigh...
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Opinion David Bellucci and Beverly A. Bellucci, the plaintiffs in an action for declaratory relief against the respondent Town of Los Altos Hills, an incorporated municipality, and the defendants, along with appel *490 lant Adobe Creek Properties, Inc., in an action commenced by that city’s complaint for injunction, declaratory relief and abatement of zoning violations, have ...
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*521 Opinion The original complaint in this matter was filed by Elmer and Avis Crews, husband and wife, and was for serious personal injuries suffered. by the latter; also for medical expenses and hospitalization. Originally, the sole defendants were Trails Trucking, Inc. (“Trails”) and its truck driver, Peter R. Ramirez. The injuries resulted from a collision between the Crews’ ...
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Opinion The People appeal from an order dismissing an indictment against respondent on the ground that the delay in prosecution denied him due process of law. On March 8, 1972, respondent was indicted for selling heroin to a minor in violation of Health and Safety Code section 11502 (now § 11353), The sale was alleged to have occurred on or about May 20, 1971. Respondent was arraigned on th...
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Opinion Gregory Arthur Sneed appeals from a judgment of conviction of unlawful cultivation of marijuana in violation of Health and Safety Code section 11530.1. Appellant’s purported appeal from the denial of his motion to suppress made pursuant to Penal Code section 1538.5 is dismissed. Review thereof is afforded upon appeal from the judgment of conviction. (Pen, Code, § 1538.5, subd. (m).) H...
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*555 Opinion Plaintiff appeals from a judgment after the granting of defendants’ motion for a judgment on the pleadings awarding plaintiff (appellant) damages of $50. The facts are not in dispute. 1 For purposes of defendants’ motion for judgment on the pleadings, the factual allegations in appellant’s complaint are deemed to be true. The following is an outline of the facts alleged in the ...
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Opinion The defendant is charged in a misdemeanor complaint filed by the City Attorney of the City of Los Angeles with five counts of violating section 311.2 of the Penal Code (possession with intent to distribute and distributing obscene matter). On May 31, 1972, defendant moved in the Municipal Court of the Los Angeles Judicial District under Penal Code section 1538.5 for the suppr...
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Opinion Petitioners were hired by the Police Department of the City of San Bernardino as animal control officers. As city employees they became contract members of the Public Employees’ Retirement System (system). 1 At the time of employment, each petitioner was classified under the retirement system as a local safety member. Years later, the executive *571 officer...
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Opinion Plaintiff appeals from a judgment of dismissal following an order sustaining a demurrer to his first amended complaint without leave to amend. Review of the court’s ruling requires an analysis not only of the first amended complaint, but of the original as well. We, therefore, briefly summarize both pleadings. *595 The original complaint named as defendants Jack D. W...
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*606 Opinion Mandamus. Gail Rentzer suffered an ectopic pregnancy 1 when gestation occurred in one of her fallopian tubes, a part of the body in which a fetus cannot survive. The tube ruptured, surgery was required to save Rentzer’s life, and as a consequence she was unable to work for six weeks. Rentzer appeals a judgment of the superior court refusing to order the California Unemployment ...
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Opinion In a 21-count information, defendant was jointly charged with codefendant Bittman (not appealing here) with various counts of violating sections 472, 496, 470 of the Penal Code, and section 10851 of the Vehicle Code and section 11911 of the Health and Safety Code. Defendant’s motion pursuant to section 995 of the Penal Code was denied as to all counts, except count XV, which charged a...
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Opinion This appeal arises out of civil litigation in which plaintiff Dr. Goodley sued defendants Dr. Sullivant, Dr. Halloran, Dr. Wood, and .nurse Lovelady in defamation and in interference'' with the practice of a profession. In brief, prior to July 13, 1965, plaintiff had been a member of the medical staff of Jared Sidney Torrance Memorial Hospital (hereinafter either the hospital or Torra...
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Opinion Plaintiffs appeal from a summary judgment entered in favor of Beckman Instruments, Inc., in an action for damages for wrongful death brought under the Jones Act (46 U.S.C.A. § 688). 1 The case raises the question of the legal effect of a California Workmen’s Compensation Appeals Board award on the ability of the party receiving the award to subsequently recover under ...
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Opinion These three consolidated appeals have surfaced out of a procedural morass, involving the assessment and taxation of data process *659 ing equipment and systems furnished by contract to the State of California, by RCA Corporation. The State of California, being exempt from taxation (Cal. Const., art. XIII, § l), 1 the county assessor turned his guns on RCA, ...
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Opinion The appeal from a judgment denying appellant Katz' petition for a writ of mandate to compel respondents, Department of Motor Vehicles, et al. (Department), to issue a personalized license plate bearing the letters EZ LAY, presents questions of first impression as to the constitutionality of Vehicle Code section 5105. Katz contends that the statute, first, is vague on its face; second, i...
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Opinion Respondent in this appeal is the State of California. Appellants are 40 individuals; they appeal from an order of the Superior Court of Sacramento County. On December 11, 1970, appellants made an application with the State Board of Control pursuant to section 915 of the Government Code for leave to file a late claim. 1 The proposed claim inter alia alleged that eac...
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*702 Opinion After jury trial appellant, Marion A. Carr, was convicted of assault with a deadly weapon while he was incarcerated in state prison for a term less than life in violation of Penal Code section 4501. He was sentenced to state prison for the term prescribed by law, the sentence to run consecutively with any other sentence he was then serving. This appeal followed. Appellant was a...
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*709 Opinion Petitioner, Alejo Gonzalez III, was charged, in a complaint filed in the Municipal Court for the San Jose-Milpitas Judicial District on March 6, 1972, with misdemeanor drunk driving, in violation of section 23102 of the Vehicle Code, and with driving while his license was revoked, in violation of section 14601. The complaint also charged petitioner with two prior convictions for ...
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Opinion We treat this case as a companion to Gonzalez v. Municipal Court (1 Civ. 32757) ante, page 706 [108 Cal.Rptr. 612]. Petitioner, in a complaint filed on June 14, 1972, in the Municipal Court for the San Jose-Milpitas Judicial District of the County of Santa Clara, was charged with misdemeanor drunk driving on. June 11, 1972, in violation of section 23102 of the Vehicle Code. The complaint a...
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Opinion Petitioner was employed as a peace officer from 1946 to 1962. He suffered a heart attack on 23 June 1971 and filed his claim for workmen’s compensation benefits within one year of his heart attack. Relevant is Labor Code section 3212.5, which declares that heart trouble developing or manifesting itself during a period of employment as a peace officer is presumed to arise out of and occu...
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*727 Opinion Petitioner filed a writ of mandate charging respondents with violating article XVIII of the Charter of the City of Los Angeles in causing petitioner’s pension to be reduced by the amount of an $18,100 workmen’s compensation award that had been made to petitioner. Respondents answered, a hearing was held in department 65 of the superior court, and the court denied petitioner any r...
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*734Opinion Appellant, having been discharged from his job with Pacific States Steel Corporation and having been denied unemployment insurance by the Unemployment Insurance Appeals Board (hereafter “the Board”), sought a writ of mandate to compel an order for payment. The writ was denied. He appeals. Kaylor was cited for driving a motor vehicle without an operator’s license. It was discovered that...
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Opinion In a one count information the defendant was charged with grand theft in violation of section 487, subdivision 1, of the Penal Code; a jury convicted him. The trial was preceded by a motion to dismiss pursuant to section 995 of the Penal Code and followed by a motion for a new trial pursuant to section 1181 of the Penal Code—they were both denied. Following a 90-day commitment to the De...
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Opinion The Rath Packing Company, a corporation (Rath) pursuant to laws of the United States and specifically Wholesome Meat Act of 1967, 21 United States Code, section 601 et seq. (U.S. Law) processes, packages, weighs and labels meat products including bacon at its plant in a state other than California and markets the same to retailers throughout the United States, including retailers in South...
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Opinion This appeal involves the right of a workmen’s compensation insurance carrier—intervener Cypress Insurance Company—to recover from a third-party tortfeasor for benefits paid by it on behalf of the employer of an insured workman. The workman—plaintiff Shamblin—was employed by Driver-Eddy Construction Company. On the date of the accident plaintiff, at the direction of his employ...
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Opinion This cause concerns eligibility for benefits under the Aid to Families With Dependent Children Program (referred to as “AFDC”). Steve Duncan (referred to as “Duncan”) at the time of the application for benefits was 17 years old, married, and his wife was pregnant. He was a senior enrolled as a full-time student at Chowchilla High School and expected to be graduated and receiv...
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Opinion Plaintiff appeals from an order dismissing a purported class action after an order sustaining a special demurrer to a second *791 amended complaint and also sustaining without leave to amend a general demurrer to that complaint. For the reasons stated below we conclude that the demurrer was properly sustained without leave to amend and, therefore,, affirm the judgment (order of dism...
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Opinion Petitioner (hereinafter “County”) sought a writ of supersedeas which we treated as a petition for writ of mandate, and thereupon issued an alternative writ. Respondents filed appropriate reply to the petition and have also in the trial court .interposed their demurrer and answer. These proceedings follow the filing of a complaint by County in the County of Inyo against respon...
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Opinion Appellant appeals from a judgment in favor of respondents in the amount of $4,081.08. Appellant filed a first amended complaint alleging seven causes of action against respondents; respondents filed a first amended cross-complaint alleging four causes of action against appellant. The trial court found in favor of'appellant on her third and fourth causes of action for a total of $4,298...
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*830 Opinion This action involves a dispute between a subcontractor (Titan Enterprises, hereinafter referred to as “petitioner”) and a general contractor (Anno Construction, hereinafter referred to as “respondent”), over alleged nonpayment for work, done on a hospital building pursuant to a written contract. The dispute before us involves only a procedural issue—namely was that d...
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Opinion Plaintiffs-appellants appeal on a clerk’s transcript from judgment of the Marin County Superior Court in favor of defendants-respondents. Questions Presented 1. The master plan for the Hilarita project conforms to the City of Tiburon’s general plan. *837 2. The project is not subject to referendum under article XXXIV, California Constitution. 3. Th...
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Opinion Defendant and one Dale Allen Mitchell were indicted on March 8, 19.72, and jointly charged in count I with possession of a deadly weapon as prisoners confined in a state prison in violation of section 4502 of the Penal Code and in count II defendant alone was charged with an assault with a deadly weapon, being a person confined in a state prison, in violation of section 4501 of the.Pena...
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32 Cal.App.3d 862 (1973) 108 Cal. Rptr. 522 Estate of WILLARD S. WOOD, Deceased. SOUTHERN CALIFORNIA FIRST NATIONAL BANK, Petitioner and Respondent, v. MORTON T. SWARTH et al., Claimants and Appellants. GENEVIEVE L. KNIGHT, Claimant and Respondent. Docket No. 11389. Court of Appeals of California, Fourth District, Division One. June 11, 1973. *865 COUNSEL Gray, Cary, Ames & Frye, John M. Cran...
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Opinion There are four separate appeals from a judgment directing Southern California First National Bank, as trustee of trusts created by the *866decree of 'distribution in the estate of Willard S. Wood, to distribute the assets of one of the trusts in accordance with an appointment made by Florence Wood, widow of Willard S. Wood and donee of a power to appoint those assets. The controversy aris...
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Opinion Defendant appeals from an order 1 granting probation entered after a jury found him guilty of voluntary manslaughter (Pen. Code, § 192, subd. 1) as charged. He contends that: (1) 'the trial court erred to his prejudice by submitting the question of justifiable homicide to the jury (Pen. Code, § 197, subd. 4), and in refusing to grant his motions for a directed verdict, ...
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Opinion The grand jury indicted Mary Brunner for the murder of Gary Hinman, whereupon Brunner moved to dismiss the indictment on the claim she had been promised immunity from prosecution by the district attorney in return for her testimony about the Hinman murder. The superior court dismissed the indictment and permanently restrained Brunner’s prosecution for the Hinman murder. The People have ...
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32 Cal.App.3d 918 (1973) 108 Cal. Rptr. 543 GENERAL ELECTRIC COMPANY et al., Cross-complainants and Appellants, v. THE STATE OF CALIFORNIA ex rel. DEPARTMENT OF PUBLIC WORKS et al., Cross-defendants and Respondents. Docket Nos. 30690, 30691, 30692. Court of Appeals of California, First District, Division One. June 4, 1973. *920 COUNSEL Sedgewick, Detert, Moran & Arnold, Ivan Weinberg, Stephen...
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Opinion According to the complaints of the three separate actions from which the instant appeals have arisen, an automobile driven by James Bailey in which his wife Sharon was a passenger was rear-ended by another vehicle. The Bailey car was thereby propelled across a center dividing “island” into oncoming traffic, causing a head-on collision with a vehicle driven by Wallace Moore. The vehicle wh...
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Opinion This is an appeal by representatives of the California Human Relations Agency and Department of Social Welfare from a preliminary injunction prohibiting enforcement by the state of specified standards of eligibility for welfare. We reserve the order granting the preliminary injunction and remand the matter to the trial court for further proceedings. Respondents are recipients...
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Opinion E. L. McKinney and his son, Donald L. McKinney, brought an action for declaratory relief to establish that defendant insurer was liable under its uninsured motorist coverage for injuries to the named insured’s son. Judgment went for the insurer on the ground that the accident was one which would come within the exemptions of the mandatory insurance coverage required by statute. It...
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Opinion Plaintiffs appeal from order setting aside entry of default and default judgment. On March 9, 1967, plaintiffs filed suit for personal injuries arising out of an automobile accident on March 17, 1966. Both parties were insured with State Farm Mutual Automobile Insurance Company. Because of difficulty in locating defendant he was not served until March 8, 1970; no answer having been file...
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Opinion The Sacramento County Grand Jury returned an indictment charging Samuel D. Somers with involuntary manslaughter. (Pen. Code, § 192.) His motion to set aside the indictment under Penal Code section 995 was denied. Invoking Penal Code section 999a, he seeks a writ of prohibition, charging that the evidence before the grand jury did not supply reasonable or probable cause for his indictmen...
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Opinion Robert Lee Brannon was convicted in the Municipal Court of the Fresno Judicial District of misdemeanor drunk driving in violation of Vehicle Code section 23102, subdivision (a). The trial judge granted defendant’s motion for a new trial on the ground that the results of a breathalyzer test were improperly received in evidence. The People appealed to the appellate department of the super...
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Opinion This is an appeal by plaintiffs from a judgment denying relief on their complaint for declaratory and injunctive relief and their petition for writ of mandate. Plaintiffs sought to challenge the exclusion by defendants of certain children from participating in the Aid to Families With Dependent Children program (hereinafter “AFDC”) provided for in 42 United States Code sectio...
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Opinion Following a non-jury trial, defendant Mark Allen Johnson was convicted of violating Penal Code section 187—committing second degree murder. Now appealing, Johnson alleges the trial court committed error by its rulings: (1) that he was duly advised, at all relevant times, of his constitutional rights; (2) that confessions and admissions given by *992him were not the product of improper indu...
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*1013 Opinion United Pacific Insurance Company (hereinafter “appellant”) filed a complaint for breach of a liability insurance policy alleging that respondent failed to defend ánd indemnify Dallas Smith (hereinafter “Smith”) and Linda Iskenderian (hereinafter “Linda”) in a third party action and other third party claims for bodily injury and property damage, that appellant was su...
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*1023 Opinion The issue in this cause is whether petitioner’s right to a speedy trial is being violated by the Municipal Court of the Bakersfield Judicial District of Kern County. Petitioner has been represented by counsel throughout the proceedings. Petitioner was arrested on April 8, 1972, on a charge of violating Vehicle Code section 23102, subdivision (a) (driving under ...
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Opinion Defendant has appealed from an, order admitting him to probation 1 following his conviction of credit card forgery in violation of sub *1032 division (2) of section 484f of the Penal Code. 2 Defendant was charged with this offense 3 and two prior felony convictions. Following a plea of guilty and denial of the priors; his motion to dis...
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Opinion In this action for damages for alleged defamation by slander plaintiff appeals from summary judgment entered in favor of defendants; he also noticed an appeal from order denying his motion to amend his complaint to conform to proof. Inasmuch as it is reviewable on appeal from the judgment, such order is nonappealable. (Hurley v. Lake County, 133 Cal.App. 219...
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32 Cal.App.3d 1053 (1973) 108 Cal. Rptr. 200 Guardianship of the Person and Estate of ALICE FRANCIS GRIDLEY, an Incompetent Person. ARNOLD GRIDLEY, Plaintiff and Appellant, v. DEPARTMENT OF MENTAL HYGIENE, Defendant and Respondent. Docket No. 31484. Court of Appeals of California, First District, Division One. May 11, 1973. *1055 COUNSEL Alexander Poeter and Michael L. Krassner for Plaintiff and ...
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32 Cal.App.3d 1067 (1973) 108 Cal. Rptr. 669 Estate of EMMA HELENA KLAUENBERG, Deceased. FRANCIS R. GIAMBRONI, Petitioner and Respondent, v. DONALD JURGENSEN, as Executor, etc., Objector and Appellant. Docket No. 31945. Court of Appeals of California, First District, Division Two. June 20, 1973. *1068 COUNSEL Burton & Foster and Blair F. Burton for Objector and Appellant. White, Giambroni &am...
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*1069Opinion On this appeal1 by D. G. Jurgensen, the buyer, from an order of the probate court confirming the sale of real property by the executor, the major contention is that the court erred as a matter of law as the buyer withdrew his bid before the confirmation hearing. As we have concluded that there is no merit to this contention, the judgment of confirmation must be affirmed. The record i...
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