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All Reporters → cal-app-3d → Volume 55

Opinions in cal-app-3d Volume 55

55 Cal. App. 3d 1 (1976) 127 Cal. Rptr. 493 A. ESPARZA, Plaintiff and Respondent, v. MICHAEL RISLEY SPECHT, Defendant, Cross-complainant and Appellant; COLUMBUS MUTUAL LIFE INSURANCE COMPANY et al., Cross-defendants and Respondents. Docket No. 14075. Court of Appeals of California, Fourth District, Division One. January 20, 1976. *3 COUNSEL Luce, Forward, Hamilton & Scripps, C. Douglas Alford...
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Opinion Dynair Electronics, Inc. and Dyna-Cable, Inc. appeal a two-count judgment—each count involving different legal issues and different parties—following a trial by the court. I In April 1971, Frank Castro, Bob Richardson, Donn Maurer and Michael Grupp formed a general partnership, Video Cable Service (VCSG), pursuant to an oral agreement. VCSG engaged in the business of con...
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55 Cal.App.3d 23 (1976) 127 Cal. Rptr. 279 THE PEOPLE, Plaintiff and Respondent, v. RALPH W. ISITT, Defendant and Appellant. Docket No. 8001. Court of Appeals of California, Third District. February 2, 1976. *26 COUNSEL Philip M. Farley, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Ar...
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Opinion Defendant Ralph W. Isitt, plead guilty to kidnaping for robbery with bodily harm (Pen. Code, § 209),1 robbery in the first degree *27(§§ 211, 211a) and assault to rob (§ 220). He was charged with and admitted being armed with (§§ 3024 and 12022) and having used (§ 12022.5) a firearm in the commission of each offense. He was sentenced to the state prison for each offense for the terms presc...
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55 Cal. App. 3d 35 (1976) 127 Cal. Rptr. 200 ALVIN M. YOUNG, Plaintiff and Appellant, v. BERRY EQUIPMENT RENTALS, INCORPORATED, Defendant and Respondent. Docket No. 2493. Court of Appeals of California, Fifth District. February 3, 1976. *37 COUNSEL Kane, Canelo & Walker and Regis J. Amann for Plaintiff and Appellant. Cardozo, Nickerson & Martelli and Paul L. Martelli for Defendant and Res...
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Opinion The State of California imposes a sales tax on the purchase of merchandise by means of trading stamps, coupons, and the like. Beginning in 1961, Sperry and Hutchinson Company (S&H) collected sales tax reimbursements from stamp redeemers for merchandise obtained with its S&H Green Stamps on a valuation of $3 per book of 1,200 stamps, and it paid sales tax to the state on the basis of the s...
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Opinion This appeal presents the perplexing question whether liability for failure to warn of dangerous properties of a product is measured by the doctrine of strict liability in its generally understood sense or, alternatively, by traditional negligence concepts imposing a duty of-care requiring warning of danger only when there is actual or constructive knowledge of the danger. The...
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55 Cal.App.3d 76 (1976) 127 Cal. Rptr. 438 Estate of PATRICK MANGERI, Deceased. LORRAINE H. SVIEN et al., Petitioners and Appellants, v. ELMER M. WALTERS, as Executor, etc., Objector and Respondent. Docket No. 14244. Court of Appeals of California, Fourth District, Division One. February 4, 1976. *78 COUNSEL Palladino, Polis & Hunt, Charles J. Hunt, Jr., and Gerald D. Polis for Petitioners an...
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Opinion After granting a motion for summary judgment,1 the trial court entered a judgment dismissing a petition for the admission to probate of a will purportedly executed by Patrick Mangeri on February 17, 1972. Denial of probate was based upon the trial court’s determination that the will of that date had not been executed in conformity with the requirements for execution of wills by mark. The p...
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Opinion John Edward McKenzie appeals from a judgment determining that he was not entitled to recover attorney’s fees in an action against respondent Kaiser-Aetna. McKenzie alleged that KaiserAetna had failed to pay for services, labor, and material furnished by appellant to Kaiser-Aetna on a construction project. The services, labor and material were furnished in accordance with specifications ...
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Opinion Plaintiff Yvonne Rabago-Alvarez brought suit against Industries, Inc. to recover damages for wrongful termination of her employment. The evidence produced at the trial shows that in 1971, just prior to the commencement of her employment with defendant, plaintiff was employed in the direct selling of copper gift ware. Plaintiff had engaged in this occupation for 16 years and h...
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Opinion J. andF. Dale, the property owners, appeal from a judgment of dismissal entered after the court sustained without leave to amend 1 the general demurrer of the City of Mountain View to Dales’ complaint for declaratory relief and inverse condemnation. They contend that the city’s adoption of an amendment to its general plan that restricted the use of their property to “op...
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*114 Opinion Ernest Patrick Kiernan and Nicholas A. Misciagna have brought this action against Union Bank, to recover losses incurred when the bank paid forged checks which had been drawn on their account by their own bookkeeper. The court granted a motion by the bank for partial summary judgment, excluding recovery on all forged checks which had been paid and returned more than ...
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55 Cal. App. 3d 118 (1976) 127 Cal. Rptr. 230 THE PEOPLE, Plaintiff and Respondent, v. FLOYD EDWARD FLORES, Defendant and Appellant. Docket No. 26900. Court of Appeals of California, Second District, Division Two. February 9, 1976. *119 COUNSEL Michael F. Shapiro, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Ass...
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Opinion Plaintiffs and appellants herein appeal from a judgment entered in favor of defendant and respondent after the granting of a motion for summary judgment. The facts of this case properly may be termed a classic “bar examination” type. Plaintiffs Henry Chakmak and Vincent Palmo comprised a general partnership operating under the fictitious name of Tri-Central Construction ...
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Opinion Plaintiff Guntert and two wholly owned corporations operate a steel construction and machinery business on a seven-acre tract called Banner Island leased from the City of Stockton. A clause of the lease permits termination by the lessor on 18 months’ written notice when and if the city decides to accept a bona fide development offer from third parties. 1 In March 1972 t...
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Opinion Education Code section 13413 provides that if administrative proceedings are commenced to dismiss a permanently tenured teacher and a hearing is demanded, the hearing “§hall be commenced within 60 days from the date of the . . . demand for a hearing.” Government Code section 11509, applicable to administrative proceedings involving tenured teachers, states: “The agency shall deliv...
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55 Cal. App. 3d 165 (1976) 127 Cal. Rptr. 386 TRUESTONE, INC., et al., Plaintiffs and Appellants, v. TRAVELERS INSURANCE COMPANY et al., Defendants and Respondents. Docket No. 46580. Court of Appeals of California, Second District, Division One. February 10, 1976. *167 COUNSEL Malvin D. Dohrman and Barrymore & Stevens for Plaintiffs and Appellants. Schell & Delamer, Mark B. Pepys, Robert ...
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55 Cal. App. 3d 173 (1976) 127 Cal. Rptr. 434 THE PEOPLE, Plaintiff and Respondent, v. GERALD LOUIS MOLINA, Defendant and Appellant. Docket No. 26535. Court of Appeals of California, Second District, Division One. January 29, 1976. *174 COUNSEL Donald Wadleigh, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assist...
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Opinion We discuss here two unrelated cases which turn on the question whether the crime of attempting to receive stolen property (Pen. Code, §§ 664 and 496) may be committed if the property involved has not been stolen. In each case the superior court dismissed before trial, and the People appealed. We are of the opinion that the decisional law of California has -established that an antecedent...
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55 Cal. App. 3d 184 (1976) 127 Cal. Rptr. 413 CLARA OBERSTEIN, Plaintiff and Appellant, v. JAMES H. BISSET et al., Defendants and Respondents. Docket No. 15361. Court of Appeals of California, Fourth District, Division Two. February 10, 1976. *186 COUNSEL Bush, Bush & Larsen and Lloyd M. Larsen for Plaintiff and Appellant. Parker, Stanbury, McGee & Babcock, George H. Babcock and Robert J....
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Opinion Petitioners seek a writ of prohibition to prevent the Honorable Delbert E. Wong, Judge of the Los Angeles Superior Court, from presiding at the trial in the case of David Daar, et al. v. The Metropolitan Water District of Southern California, et al., on the ground that he is disqualified under Code of Civil Procedure section 170, subdivision 1, because he has a non waivable interest in ...
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55 Cal. App. 3d 197 (1976) 127 Cal. Rptr. 451 THE PEOPLE, Plaintiff and Respondent, v. SURETY INSURANCE COMPANY, Defendant and Appellant. Docket No. 2436. Court of Appeals of California, Fifth District. January 30, 1976. *198 COUNSEL Rushing & Clark, Albert G. Clark, Jr., I. Mark Bledstein and Bledstein & Lauber for Defendant and Appellant. *199 Stephen Dietrich, Jr., County Counsel, Jame...
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Opinion Defendant appeals from a judgment of conviction entered after a jury found him guilty of two counts of first degree robbery. Since defendant does not attack the sufficiency of the evidence we need not set forth the circumstances of the crimes other than that defendant was positively identified as one of the perpetrators of two such robberies committed on March 4¿$nd April 11, 1974, ag...
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Opinion In an indictment dated 4 October 1973, appealing defendants Haskin, Cornell, Marino, Ackerman, Inc., Transcontinental Leasing Corp., Professional Processors, Inc., Proscene Productions, Inc., and Central Sales West, dba “Scan Imports,” were charged with a conspiracy (Pen. Code § 182, subd. 1) with Gerald Franklyn, aka Gerald Lynn, aka Gerald Hozberg and with other persons, names unknown...
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Opinion The resolution of this appeal requires that we interpret the qualifying phrase “nearest or most accessible” as descriptive of the magistrate before whom one arrested for felony without a warrant must be taken “without unnecessary delay.” (Pen. Code, § 849, subd. (a).) 1 Appellant 2 herein asserts that the qualifying phrase imposes essentially a geographic limitation. We conclude tha...
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Opinion As aresult of injuries "sustained by plaintiffs when their automobile collided with a truck, plaintiffs filed suit against the truck driver and his employer, Trails Trucking Company, claiming negligence. On January 30, 1968, plaintiffs amended their complaint by adding San Jose Autocar White Company (hereinafter “Autocar”) as a third defendant. Autocar was sued on breach of warranty and...
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Opinion The People have appealed from a judgment of the superior court for issuance of a writ prohibiting the municipal court from entertaining criminal charges against Lawrence Ulmer for accosting another in a public place for the purpose of begging or soliciting for alms (Pen. Code, § 647, subd. (c)) and soliciting contributions for a charitable purpose without a permit (Oakland Mun. Code, § ...
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Opinion Petitioner, a prisoner at California Mens Colony, sought, by a petition for a writ of habeas corpus, to attack the validity of a regulation relating to mail privileges of prisoners, adopted by the Director of the Department of Corrections.1 The regulation attacked provides as follows: *270“DP-2405. Correspondence Between Inmates And Courts: Sealed correspondence from an inmate to a court w...
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55 Cal. App. 3d 274 (1976) 127 Cal. Rptr. 579 HARVEY G. COOPER et al., Plaintiffs and Appellants, v. AMERICAN SAVINGS AND LOAN ASSOCIATION et al., Defendants and Respondents. Docket No. 45939. Court of Appeals of California, Second District, Division Five. February 17, 1976. *277 COUNSEL Harvey G. Cooper, Nathaniel S. Colley, Lipsig, Rosenfield, Temkin & Leff, Linley, McDougal, Meloche & ...
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Opinion Proceeding in habeas corpus to secure custody of a child. Order previously made submitting matter, vacated, and a referee appointed to take evidence and determine facts as to whether award of custody to the father would be harmful to the child, and whether an award of custody to a nonparent is required to serve the best interests of the child. (Civ. Code, § 4600.) Statement O...
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Opinion Plaintiffs, the surviving husband and children of Rosemary E. Aas, who was killed in an airplane crash, have appealed 1 from an order of the trial court which dismissed their action against defendant insurer, upon granting defendant’s motion for judgment on the pleadings, and *316 denying plaintiffs’ motion for summary judgment. Plaintiffs, who have re...
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Opinion Plaintiffs and appellants Henry Grier, Michael Chuba, Donald E. Figas, and Orlin Purdue, Sr., on behalf of themselves and all others similarly situated, and Division 192, Amalgamated Transit Union, the labor union representing the named plaintiffs and other bus drivers employed by respondent, brought this action for declaratory relief and damages. The complaint alleged that respon...
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55 Cal. App. 3d 357 (1976) 127 Cal. Rptr. 561 THE PEOPLE, Plaintiff and Respondent, v. ROBERT REYNOLDS, Defendant and Appellant. Docket No. 26960. Court of Appeals of California, Second District, Division Four. February 18, 1976. *360 COUNSEL Keith C. Monroe, under appointment by the Court of Appeal, and Monroe & Riddet for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R....
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Opinion By information filed in September -1972 defendant, alone, was charged under count I with selling a narcotic (cocaine) on 22 February 1972, a felony, in violation of Health and Safety Code section 11501 (now Health & Saf. Code, § 11352); count II jointly charged defendant and Roberta Moore with possessing for sale a narcotic (cocaine) on 17 March 1972, a felony, in violation of Hea...
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Opinion The defendants, City of San Diego (City) and certain of its officers, including Michael Babunakis, have appealed from a declaratory judgment that four ordinances of City and a contract entered into by City are in violation of City’s charter. Plaintiff is a citizen and taxpayer of City. The contract in question was executed by City July 16, 1973 with Michael Babunakis, one of ...
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55 Cal. App. 3d 418 (1976) 127 Cal. Rptr. 685 NEIL D. REID, INC., Plaintiff and Appellant, v. DEPARTMENT OF HEALTH CARE SERVICES, Defendant and Respondent. Docket No. 34978. Court of Appeals of California, First District, Division Three. February 19, 1976. *419 COUNSEL Neil D. Reid, in pro. per., and Mary Sanford Schneider for Plaintiff and Appellant. Evelle J. Younger, Attorney General, Elizabet...
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55 Cal. App. 3d 423 (1976) 127 Cal. Rptr. 594 PAUL EBERLE et al., Plaintiffs and Respondents, v. THE MUNICIPAL COURT FOR THE LOS ANGELES JUDICIAL DISTRICT OF LOS ANGELES COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Appellant. Docket No. 46574. Court of Appeals of California, Second District, Division One. February 19, 1976. *425 COUNSEL Burt Pines, City Attorney, Ward ...
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55 Cal. App. 3d 434 (1976) 127 Cal. Rptr. 799 O.G. SANSONE CO. et al., Plaintiffs and Appellants, v. DEPARTMENT OF TRANSPORTATION, Defendant and Respondent. Docket No. 45232. Court of Appeals of California, Second District, Division Three. February 19, 1976. *438 COUNSEL Grant & Popovich and Irvin Grant for Plaintiffs and Appellants. Harry S. Fenton, Kingsley T. Hoegstedt, Orrin F. Finch and ...
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Opinion The petition in this matter seeks review of an order granting the petition of real parties in interest to file a late claim against the estate of Raul Jose Segovia, also known as Raul J. Segovia, for injuries allegedly suffered January 23, 1971, in an accident in which the decedent was killed. The issue here is not whether the real parties in interest have, in the civil proceedings in whi...
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Opinion Petitioner, the employee and applicant in compensation proceedings, was awarded 37 percent partial permanent disability in connection with a disability of his left eye and related work restrictions. He contends that the award is inadequate in that the work restrictions were not taken into account in arriving at the rating. We agree that the rating was reached by an erroneous rating assu...
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Opinion On July 18, 1975, respondent court entered an order requiring Kathy Marie Bittle, one of petitioners herein, to appear for a physical examination as permitted by section 2032, subdivision (a), of the Code of Civil Procedure. The order had been requested by real parties in interest as a part of and ancillary to the preparation for trial of respondent court’s case No. NCC 6264 in which pe...
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55 Cal. App. 3d 517 (1976) 127 Cal. Rptr. 741 ROY W. SYZEMORE, Plaintiff and Appellant, v. COUNTY OF SACRAMENTO, Defendant and Respondent. Docket No. 15140. Court of Appeals of California, Third District. February 20, 1976. *519 COUNSEL DeCristoforo & Sullivan and Albert E. Combatalade for Plaintiff and Appellant. Memering, Stumbos, DeMers, Ford & Norris and Dianna Z. Hoffman for Defendan...
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55 Cal. App. 3d 525 (1976) 127 Cal. Rptr. 775 COASTAL SOUTHWEST DEVELOPMENT CORPORATION, Plaintiff and Respondent, v. CALIFORNIA COASTAL ZONE CONSERVATION COMMISSION, Defendant and Appellant. Docket No. 14239. Court of Appeals of California, Fourth District, Division One. February 20, 1976. *528 COUNSEL Evelle J. Younger, Attorney General, Carl Boronkay, Assistant Attorney General, Anthony C. Jos...
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Opinion This is an appeal from a judgment denying a writ of mandate sought to compel respondents to employ appellant without requiring her to take and subscribe to the following oath: “I,_, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear tru...
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55 Cal. App. 3d 553 (1976) 127 Cal. Rptr. 856 SAN LEANDRO POLICE OFFICERS ASSOCIATION et al., Plaintiffs and Appellants, v. CITY OF SAN LEANDRO et al., Defendants and Appellants. Docket No. 35241. Court of Appeals of California, First District, Division Four. February 23, 1976. *555 COUNSEL Carroll, Burdick & McDonough and Christopher D. Burdick for Plaintiffs and Appellants. Glenn A. Forbes,...
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Opinion The question presented by this appeal is whether an 11-mile portion of the Russian River is a navigable stream and thus open to the public for boating and recreational activities. We conclude that it is. Plaintiffs-appellants are persons with varied interests who have joined in this action to protect their right to free and unobstructed navigation on this part of the river. D...
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Opinion This is an appeal from a judgment of dismissal after a demurrer was sustained to plaintiffs’ complaint without leave to amend. It concerns primarily the construction of the guidelines of Dillon v. Legg, 68 Cal.2d 728 [69 Cal.Rptr. 72, 441 P.2d 912, 29 A.L.R.3d 1316], governing determination of foreseeability of emotional trauma through sensory perception of p...
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Opinion On June 26, 1971, John Kaplan was injured by the negligence of an uninsured motorist and on December 6, 1973, filed a petition seeking appointment of a third and neutral arbitrator for the adjudication of his claim for damages according to the arbitration provisions of the uninsured motorist coverage of his vehicular liability insurance policy with Eldorado Insurance. Company. On Octobe...
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Opinion It appears without conflict that James F. Collins, Jr., was actively employed by respondent as a deputy sheriff from January 2, 1951, to April 10, 1972. On March 13, 1972, he submitted a letter stating: “I hereby submit my resignation. . .” effective on April 10, 1972. “I am resigning and deferring my retirement.” On February 15, 1974, the Workmen’s Compensation Appeals Board found *59...
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Opinion By information defendant was charged with selling heroin in violation of Health and Safety Code section 11352. He pled not guilty and the cause was set for trial by jury in department 2 before Judge Charles S. Stevens, Jr. Following waiver of his constitutional rights to jury trial, confrontation of witnesses and self-incrimination, the matter was submitted on the preliminaiy hear...
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55 Cal. App. 3d 623 (1976) 127 Cal. Rptr. 681 HERMAN J. TIJSSELING et al., Plaintiffs and Appellants, v. GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION, LTD., Defendant and Respondent. Docket No. 36901. Court of Appeals of California, First District, Division Four. February 24, 1976. *624 COUNSEL Merrill, Thiessen & Gagen and Gregory L. McCoy for Plaintiffs and Appellants. Bronson, Bron...
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Opinion Plaintiff, the duly elected incumbent judge of the Justice Court of the Tracy Judicial District, commenced this proceeding for extraordinary relief, alleging that legislation enabling the creation of a municipal court in the Tracy Judicial District is unconstitutional in its form and effect and that the county ordinance implementing the legislation must be submitted to a referendu...
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*646 Opinion Elaine Harris, appellant herein, is the plaintiff in an action for damage suffered as a result of personal injuries filed in the Superior Court of Los Angeles County originally embracing 24 defendants. Appellant’s brief states that the action has been settled or dismissed as to 17 of the original defendants. Respondents Harry F. and Grace C. Worthington (Worthington) and Edna Har...
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55 Cal. App. 3d 650 (1976) 127 Cal. Rptr. 851 In re EUGENE M., a Person Coming Under the Juvenile Court Law. CLARENCE E. CABELL, as Acting Chief Probation Officer, etc., Plaintiff and Respondent, v. EUGENE M., Defendant and Appellant. Docket No. 27353. Court of Appeals of California, Second District, Division Two. February 24, 1976. *652 COUNSEL Lawrence H. Beylen, under appointment by the Court ...
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*662 Opinion In this proceeding petitioners, Arthur L. Hunot, Frank Hamp, Avrom R. Handleman, Douglas Hamp, and Monsanto Company, seek a writ of prohibition to restrain respondent superior court from taking further proceedings in, or a writ of mandate to compel said court to dismiss, a pending action for lack of prosecution pursuant to Code of Civil Procedure section 583, subdivi...
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55 Cal. App. 3d 692 (1976) 127 Cal. Rptr. 664 THOMAS HINOJOSA et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. 14726. Court of Appeals of California, Fourth District, Division One. February 24, 1976. *694 COUNSEL Andrew Freeman, James N. Pendleton, Norbert Ehrenfreund and Edward K. Curley for Petitioners. Edwin L. Miller, J...
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Opinion In this action for medical malpractice filed by Hannah R. Stills and her minor son, "Jessie Stills, against Doctors Richard Gratton and Allen F. Smoot, judgments of nonsuit were entered at the conclusion of plaintiffs’ evidence in favor of the defendants and against the plaintiffs. This appeal is from the judgments so entered. The right to move for a judgment of nonsuit is gr...
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55 Cal. App. 3d 710 (1976) 127 Cal. Rptr. 745 SCOTT W. BAKER, Plaintiff and Appellant, v. CHRYSLER CORPORATION, Defendant and Respondent. Docket No. 35511. Court of Appeals of California, First District, Division Four. February 25, 1976. *713 COUNSEL Lewis, Rouda & Lewis, Lewis & Rouda, Marvin E. Lewis and Eduardo M. Xavier for Plaintiff and Appellant. *714 Robert E. Cartwright, Edward I....
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55 Cal.App.3d 720 (1976) 127 Cal. Rptr. 688 HENRY E. MIHESUAH, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and UNION OIL COMPANY, Respondents. Docket No. 35622. Court of Appeals of California, First District, Division Four. February 25, 1976. *721 COUNSEL Van Bourg, Allen, Weinberg, Williams & Roger, Barry J. Williams and George C. Allen for Petitioner. Frank H. Batlin, Charles Lawrence Sw...
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55 Cal. App. 3d 732 (1976) 127 Cal. Rptr. 863 SUNNYVALE PUBLIC SAFETY OFFICERS ASSOCIATION et al., Plaintiffs and Appellants, v. CITY OF SUNNYVALE, Defendant and Respondent. Docket No. 36639. Court of Appeals of California, First District, Division Four. February 25, 1976. *733 COUNSEL Miller, Perrin, Domino & Giacalone, Miller, Perrin, Domino, Giacolone & Ackerman and Ernest L. Miller fo...
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55 Cal. App. 3d 737 (1976) 127 Cal. Rptr. 838 KAISER STEEL CORPORATION, Plaintiff and Appellant, v. WESTINGHOUSE ELECTRIC CORPORATION, Defendant and Respondent. Docket No. 43902. Court of Appeals of California, Second District, Division One. February 25, 1976. *739 COUNSEL Kirtland & Packard, Loyd W. Reed and Robert E. Moore, Jr., for Plaintiff and Appellant. Lynberg & Connor, Charles A. ...
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Opinion Defendants Dorothy Ann Smith and James Ashburner Smith, Jr., appeal from one paragraph only of an interlocutory judgment in condemnation. The judgment determined that defendants were entitled to the sum of $51,000 plus interest as (1) just compensation for the taking of a parcel described therein as “Parcel 5-10,” comprising (a) fee title to 1,264 square feet of a total of 12,139 square fe...
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55 Cal.App.3d 759 (1976) 127 Cal. Rptr. 672 THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; JOSEPH W. ABRAHMS, Real Party in Interest. Docket No. 47691. Court of Appeals of California, Second District, Division Three. February 25, 1976. *761 COUNSEL John K. Van de Kamp, District Attorney, Donald J. Kaplan, Philip J. McCarthy and Jay J. Becker, Deputy District Atto...
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55 Cal. App. 3d 773 (1976) 127 Cal. Rptr. 712 KAREN COOK et al., Plaintiffs and Appellants, v. GLENDON CRAIG, as Director, etc., et al., Defendants and Respondents. Docket No. 15094. Court of Appeals of California, Third District. February 25, 1976. *777 COUNSEL Amtai Schwartz, Joseph Remcho, William Bennett Turner, Vilma I. Martinez, Sanford Jay Rosen and Anthony G. Amsterdam for Plaintiffs and ...
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55 Cal. App. 3d 798 (1976) 127 Cal. Rptr. 729 In re DAVID T., a Minor. A.G. FORBES, as Chief Probation Officer, etc., Plaintiff and Respondent, v. DAVID T., Defendant and Appellant. In re BRUCE W., a Minor. A.G. FORBES, as Chief Probation Officer, etc., Plaintiff and Respondent, v. BRUCE W., Defendant and Appellant. Docket Nos. 14347, 14541. Court of Appeals of California, Fourth District, Divisi...
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55 Cal. App. 3d 803 (1976) 126 Cal. Rptr. 136 DEREK A. McDANIEL et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. 14742. Court of Appeals of California, Fourth District, Division One. February 25, 1976. *804 COUNSEL Savitz & Welles, Richard E. Savitz, McInerney, Milchen & Frank and Robert E. May for Petitioners. No a...
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55 Cal. App. 3d 811 (1976) 127 Cal. Rptr. 865 BOARD OF DENTAL EXAMINERS, Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; DAVID HOWARD KORB, Real Party in Interest. Docket No. 15452. Court of Appeals of California, Third District. January 29, 1976. *813 COUNSEL Evelle J. Younger, Attorney General, and Cir Grogan-Beal, Deputy Attorney General, for Petitioner. No appearance for R...
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Opinion Defendant James B. Jeffries (hereinafter “Jeffries”) appeals from the judgment entered in conformity to an order confirming the award of an arbitrator. Plaintiffs, Tom Trollope and Bernice E. Trollope (hereinafter jointly referred to as the “Trollopes”), have moved to dismiss the appeal on the ground that Jeffries “has waived his right to appeal by voluntarily accepting the benefi...
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55 Cal. App. 3d 827 (1976) 128 Cal. Rptr. 86 EDWARD D. YOUNG, JR., Plaintiff, Cross-defendant and Respondent, v. MARSHALL REDMAN, Defendant, Cross-complainant and Appellant; THOMAS J. GIBBONS, JR., Intervener, Cross-complainant and Respondent; LOUIS KLOOSTERMAN, Cross-complainant and Respondent. Docket No. 45874. Court of Appeals of California, Second District, Division One. February 26, 1976. *8...
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*842 Opinion This is an appeal from a judgment enjoining enforcement of Long Beach Ordinance C-5106 as amended by Ordinance C-5145. It raises the issue of the constitutionality of a city business license tax surcharge differing by region imposed to implement a municipal parking and business improvement area plan adopted pursuant to Streets and Highways Code section 36000 et seq. ...
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Opinion Property owners, Gould, Johnson, Shope, Wheeler and Monahan, appeal from a judgment in condemnation in favor of the City of Los Angeles, decreeing that the city is entitled to acquire for airport purposes a fee simple interest in their various residential properties located near the Los Angeles International Airport. Appellants contend that in the judgment they should have been awarde...
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55 Cal. App. 3d 864 (1976) 128 Cal. Rptr. 54 MIDSTATE THEATRES, INC., Plaintiff and Appellant, v. COUNTY OF STANISLAUS et al., Defendants and Respondents. REDWOOD THEATRES, INCORPORATED, Plaintiff and Appellant, v. COUNTY OF STANISLAUS et al., Defendants and Respondents. Docket Nos. 2452, 2453. Court of Appeals of California, Fifth District. February 26, 1976. *868 COUNSEL Ehrman, Flavin & Mo...
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*891 Opinion On November 7, 1972, the Reeds, plaintiffs and respondents, were issued a building permit by Mendocino County for their proposed motel complex. As their property was within the permit zone of the Coastal Zone Conservation Act, they were required to apply also to the regional commission for a coastal permit. They filed an application to the regional commission and were granted a p...
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*900 Opinion Plaintiff William G. Enders appeals from a summary judgment entered in favor of defendant Apcoa, Inc., Division of I.T.T. Consumer Services Corporation, the operator of a parking lot. Facts By affidavit, Apcoa parking lot attendant Manny Chalearpiamnugit declared: “On November 20, 1972 at approximately 2:20 PM., Myma Ziff brought her Pontiac Firebird to the [Apcoa parking l...
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Opinion Black, a minor, Joel Black, a minor, Lee Roy Black, Jr., a minor, Jeffrey Black, a minor, by Judith Black, their *924 guardian ad litem (collectively Black minors) and Judith Black (an adult) filed an original complaint July 28, 1969, and an amended complaint December 2, 1969, against County of Los Angeles, a political subdivision of the State of California (County), ...
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55 Cal. App. 3d 937 (1976) 127 Cal. Rptr. 846 WILLIAM H. MEYER et al., Plaintiffs and Appellants, v. HOWARD BENKO et al., Defendants and Respondents. Docket No. 46466. Court of Appeals of California, Second District, Division Five. February 27, 1976. *940 COUNSEL Kasem & Rech and George A. Kasem for Plaintiffs and Appellants. Ingram & Baker, Richard J. Griffiths, Bollen, Suttner & Gek...
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55 Cal. App. 3d 948 (1976) 128 Cal. Rptr. 69 LILY GOLDEN, Plaintiff, Cross-defendant and Appellant, v. M.T. CONWAY, Defendant, Cross-complainant and Appellant. Docket No. 33680. Court of Appeals of California, First District, Division One. March 1, 1976. *951 COUNSEL Thornton, Taylor & Downs and R. Richard Audley for Plaintiff, Cross-defendant and Appellant. Carroll, Burdick & McDonough a...
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Opinion Police Officers Price and Lawrence received a radio call reporting a possible family dispute and “a man with a gun” at 15 and 20 Apollo Street. Officer Price testified that the listing of two addresses indicated that “more than one person had initiated a call.” Upon arrival in the area, Officer Price observed a police car, unoccupied, in the neighborhood of No. 20. (Other evidence establis...
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Opinion In this action to recover taxes paid under protest, plaintiffs Janet and John Favalora (hereafter appellants) appeal from the trial court’s order of dismissal. That order, which is appealable (Code Civ. Proc., § 58Id), was1 entered after the court sustained the general demurrer interposed by the defendants, the County of Humboldt and its tax collector (hereafter the county), and appella...
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Opinion Following a contested jurisdictional hearing, Garth D., a 16-year-old minor, was found to be a person specified in section 602 of Welfare and Institutions Code by virtue of the following offenses: Second degree murder; willfully permitting the unjustifiable suffering of a child; and willfully inflicting cruel and inhuman corporal punishment on a child. He was adjudged a ward of the cour...
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Opinion This is an appeal from a judgment in administrative mandamus overturning a decision of the California Board of Accountancy conditionally revoking the license to practice of N. Ray Guymon. The board contends that: (1) the trial court erred in not treating itself as bound by the board’s resolution of questions of credibility of witnesses; (2) the trial court’s findings of fact made in the...
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Opinion Plaintiff appeals from a summary judgment entered in favor of respondent Standard Oil Company of California (hereafter referred to as Standard). In her complaint, plaintiff alleged that she was the owner of certain shares of Standard stock which her deceased husband (hereafter Schneider) had acquired under a “Stock Plan” created by Standard for the benefit of its employees. This stock had...
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Opinion In this action Alice 1 filed a petition for a writ of mandate and a complaint for declaratoiy relief on behalf of herself and a class of plaintiffs consisting of all female minors “(a) over the age of 15 years, living separate and apart from their parents, and managing their own financial affairs so as to be emancipated within C.C. § 34.6; and (b) eligible for medical a...
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Opinion Eric William Salitter appeals his conviction of possessing a controlled substance (Health & Saf. Code, § 11378) based upon his guilty plea entered after the court denied his motion to suppress evidence. State Bureau of Narcotic Enforcement Agent John Meisner, working undercover, arranged a buy of 25,000 amphetamine pills for $1,300. One of the two sellers went to an intermediary who in tu...
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