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All Reporters → cal-app-3d → Volume 62

Opinions in cal-app-3d Volume 62

Opinion The instant appeal is taken by plaintiff Wilson from several orders of the superior court. One, an order decertifying his action against San Francisco Federal Savings and Loan Association (“San Francisco Federal”) as. a class action, is appealable. (Daar v. Yellow Cab Co., 67 Cal.2d 695, 699 [63 Cal.Rptr. 724, 433 P.2d 732]; Eisen v. Carlisle & Jacqueli...
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Opinion Defendant Ramon Serrata áppeals from a judgment convicting him of two counts of theft of trade secrets, in violation of section 499c, subdivision (b), of the Penal Code; and two counts of *14 acceptance of a bribe by an employee, in violation of section 499c, subdivision (c), of the Penal Code. The facts have been summarized in great detail by both parties in their briefs; therefore...
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62 Cal.App.3d 19 (1976) 133 Cal. Rptr. 759 THE PEOPLE, Plaintiff and Respondent, v. JOSE HERNANDEZ FLORES, Defendant and Appellant. Docket No. 13878. Court of Appeals of California, Appellate Department, Superior Court, Los Angeles. August 9, 1976. *21 COUNSEL Ricardo F. Munoz and Tom Stanley for Defendant and Appellant. Burt Pines, City Attorney, Ward G. McConnell and James H. Hodges, Deputy Cit...
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62 Cal.App.3d 30 (1976) 133 Cal. Rptr. 355 ARTHUR F.X. METZGER, Plaintiff and Respondent, v. DOROTHY K. SILVERMAN et al., Defendants and Appellants. Docket No. 110797. Court of Appeals of California, Appellate Department, Superior Court, Santa Barbara. September 8, 1976. *33 COUNSEL Falcone & Falcone, A.V. Falcone and Dewey Lawes Falcone for Defendants and Appellants. Price, Postel & Parm...
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*35 Opinion Petitioners, as creditors of defendant SPK Corporation, sued that corporation, the real party in interest, and other persons, to set aside two allegedly fraudulent conveyances. In that complaint and in an amended complaint, in addition to allegations common to such litigation, plaintiffs pled that the real party in interest had never disclosed the allegedly fraudulent payments to ...
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Opinion Defendants Banks and Ashley were convicted of burglary (Pen. Code, § 459), following a court trial, a jury trial having been waived. They are appealing from the judgments. 1 Evidence presented at trial established that, on September 4, 1974, Scott Lachenmyer was working as a truck driver for the Man’s Shop, located in the Carson Mall, City of Carson. At 11:30 á.m., while he was load...
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62 Cal.App.3d 42 (1976) 133 Cal. Rptr. 363 THE PEOPLE, Plaintiff and Respondent, v. JACK EDWARD ENOCHS, Defendant and Appellant. Docket No. 14350. Court of Appeals of California, Appellate Department, Superior Court, Los Angeles. September 15, 1976. *43 COUNSEL Jack Edward Enochs, in pro. per., for Defendant and Appellant. Burt Pines, City Attorney, and Ward G. McConnell, Deputy City Attorney, fo...
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62 Cal.App.3d 45 (1976) 133 Cal. Rptr. 508 KARL SCHREIBER, Plaintiff and Respondent, v. THOMAS KELSEY, Defendant and Appellant. Docket No. 13765. Court of Appeals of California, Appellate Department, Superior Court, Los Angeles. September 15, 1976. *47 COUNSEL Rodd Kelsey for Defendant and Appellant. Roy E. Harper for Plaintiff and Respondent. OPINION ALARCON, J. Defendant has appealed from a jud...
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Opinion Defendants were charged in 11 counts with various narcotic offenses and with various possessions of firearms. They duly moved, under section 1538.5 of the Penal Code, to suppress evidence obtained as a result of their arrest and a search of the residence of defendant Young. The motion was denied by Judge Keene on December 17, 1974. Thereafter, the defendants moved, before Judge Baffa (to w...
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*58Opinion By information, defendant Salvador John Reyes was charged, in count I, with engaging in poolselling and bookmaking, in violation of Penal Code section 337a, subdivision 1; in count II, with keeping and occupying a cafe for the purpose of recording and registering bets and selling pools, in violation of Penal Code section 337a, subdivision 2; in count III, with stake holding, in violati...
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62 Cal.App.3d 71 (1976) 131 Cal. Rptr. 608 In re DARWIN CRAIG STANLEY on Habeas Corpus. Docket No. 28341. Court of Appeals of California, Second District, Division Five. September 16, 1976. *72 COUNSEL Wilbur F. Littlefield, Public Defender, John M. Moore, Chief Deputy Public Defender, Harold E. Shabo, Ned Cook and Laurance S. Smith, Deputy Public Defenders, for Petitioner. *73 Evelle J. Younger,...
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Opinion Defendant appeals from a judgment of conviction of first degree murder (Pen. Code, § 187), and grand theft person (Pen. Code, § 487, subd. 2). The jury also found that in the commission of the murder, the defendant used a firearm, a .38 caliber revolver (Pen. Code, § 12022.5). Defendant was sentenced to state prison for each offense with an additional mandatory term for use of a firea...
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62 Cal.App.3d 89 (1976) 132 Cal. Rptr. 720 In re RANDY B., a Person Coming Under the Juvenile Court Law. WILLIAM JONES, as Chief Probation Officer, etc., Plaintiff and Respondent, v. YVONNE B., Defendant and Appellant. Docket No. 15477. Court of Appeals of California, Third District. September 16, 1976. *91 COUNSEL Stephen James Wagner, under appointment by the Court of Appeal, for Defendant and ...
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Opinion Yvonne, mother of Randy, a minor child, appeals from an order of the juvenile court finding Randy to be a minor coming within the provisions of Welfare and Institutions Code section 600, subdivision (a),1 and awarding custody of Randy to the department of public *92assistance with current placement in the home of his maternal aunt. On appeal, Randy’s mother contends that: (1) the court, at...
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Opinion On January 24, 1973, appellant Big Sur Properties, a limited partnership, filed a petition for writ of mandate to compel the State Department of Parks and Recreation (hereinafter Department), through State Resources Agency Director William Penn Mott, to exercise its discretion under Public Resources Code section 5003.5. 1 The appeal is from the judgment denying the peti...
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Opinion Plaintiff appeals from a judgment denying it a refund of business taxes paid to defendant city and from the judgment for defendant city on its cross-complaint to recover taxes for the ensuing years. *111 Facts Appellant Marsh & McLennan of California, Inc. filed this action on March 3, 1972, seeking (1) a refund of business taxes paid to respondent City of L...
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*127 Opinion The appeal is from a judgment dismissing with prejudice the complaint of plaintiffs Winchell, following an order sustaining a demurrer with leave to amend and plaintiffs’ failure to so amend. It concerns Civil Code section 51, the so-called Unruh Civil Rights Act, and its related statute, Civil Code section 52. (Hereafter both sections, unless otherwise indicated, will be refer...
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Opinion Appellants, Andrew Grzeskowiak, Karen Dull, Roy De La Rosa and Linda Malmgren, were probationary certified teachers employed by the respondent, Board of Trustees of the Lamont School District (hereinafter “District”). They appeal from a judgment denying a peremptory writ of prohibition by which they sought to prevent the District from proceeding to hold a hearing to determine whether they...
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*155 Opinion Petitioner, Herman Cunningham, asks this court to compel, through the issuance of the appropriate extraordinary writ, respondent court to dismiss the criminal action against him pending in that court for the alleged commission of two misdemeanors (Veh. Code, § 42002) (drunk driving, Veh. Code, § 23102, subds. (a) (c); driving while unlicensed, Veh. Code, § 12500) on the ground th...
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*167 Opinion On the petition of Stanley Ernest May for a writ of habeas corpus, we issued an order to the Superior Court for the County of Los Angeles and to Peter J. Pitchess, sheriff, Los Angeles County, to show cause why respondent court should not vacate its order of July 8, 1976, and instead enter a new order imposing upon petitioner a fine of not more than $100 and correcting its record...
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*183 Opinion On October 29, 1969, at approximately 4 a.m., a tractor and trailer combination belonging to Irwindale Trucking Company (Irwindale) was stopped at the side of and partially in the No. 3 lane of the eastbound San Bernardino freeway in the City of Montclair. It was a foggy morning and no artificial lighting was present. There were no lights or flares on or around the Irwindale truc...
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Opinion Richard Paul Storrs petitioned the Superior Court of Los Angeles County to be permitted to adopt Elizabeth, age 11, and Catherine, age 13, the two minor children of his present wife Nancy. Nancy consented to the adoption but her former husband Robert Van Anda, the father of the minor children, refused to consent. Nancy and Robert were divorced in September of 1969. The judgme...
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Opinion The trial court denied defendant’s motion, made on June 29, 1976, to dismiss the action which had been filed on May 20, 1971, for personal injuries suffered in an automobile accident occurring in September 1970. We issued an alternative writ ordering the superior court to show cause why defendant’s motion should not be granted. We conclude that the motion should have been granted under ...
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Opinion Plaintiff appeals from an order vacating a judgment entered in his favor under section 1710.10 et seq. of the Code of Civil Procedure. For the reasons set forth below we reverse the order. On May 4, 1965, plaintiff obtained a judgment against defendant, in a Texas court, for a substantial amount of money. That judgment has long since become final. On April 29, 1975, plaintiff filed an...
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Opinion In this appeal by the defendants (hereafter “Department”) from a money judgment in favor of plaintiffs, the Department contends that the amounts collected by it as contributions based on an employer-employee relationship were lawfully collected. The sole issue is whether certain telephone solicitors were independent contractors or employees. The trial court, having made its findings of ...
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Opinion Petitioner seeks a writ of review to inquire into and determine the lawfulness of the findings and award and order denying petition for reconsideration of respondent Workmen’s Compensation Appeals Board (hereinafter the “Appeals Board”). The Appeals Board determined that petitioner sustained a compensable industrial injuiy on *219March 31, 1972, resulting in a permanent disability of 30% p...
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Opinion This original proceeding in mandate concerns the effect of Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 [119 Cal.Rptr. 858, 532 P.2d 1226] (hereafter “Li”), and Code of Civil Procedure section 877, upon a tortfeasor who has settled a damage claim for a tort alleged to have been jointly committed by him and other tortfeasors. Li abolished C...
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Opinion Plaintiff traveled by defendant bus line from New York City to Albuquerque. Ele checked three pieces of hand luggage accompanying him on his journey. Only two pieces were returned to him; the third was lost. Ele asserted the missing case contained “color transparencies, recorded tapes and manuscripts” representing 11 years of work. He valued them at $ 10,000 and filed this action to recov...
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Opinion Appellant Ceilia Kemp sued for damages arising out of a collision between her automobile and another driven by Carol Sue Barnett (hereinafter “Carol”) and owned by William Barnett (hereinafter “William”). As a result of the collision, appellant suffered personal injuries and property damage in an amount which has not been established. Thereafter, she brought suit against the driver, C...
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Opinion This is an appeal by petitioner from a judgment denying his petition for a writ of mandate under section 1094.5 of the Code of Civil Procedure. The judgment sustained a determination made pursuant to section 7616 of the Financial Code 1 by respondent. The Savings and Loan Commissioner of the State of California (hereinafter referred to as “Commissioner”) that petitioner...
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Opinion During the early morning hours of February 7, 1974, an intruder broke into the Yettem Learning Center, a school for trainable mentally retarded children in Tulare County, and, among other things, removed a typewriter, an adding machine, a camera, a record player and a toaster. Then, the intruder set fire to the building; he went into the shop area, placed some paper upon the floor and, ...
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Opinion The appeal before us was taken by plaintiff Penn Security Life Insurance Company (“Penn Security”) from an adverse judgment in its declaratory relief action against defendant John S. Rising, Jr. (“Rising”), and others. The issue in the superior court was. whether a valid contract of credit life insurance on the life of one David L. Morris, M.D., ever came into existence betwe...
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Opinion On this appeal we are called upon to determine the appropriate statute of limitations, and the point at which it starts running, on an action for damages for violation of one’s right to privacy. The latter question appears to be one of first impression. Defendant State Farm Mutual Automobile Insurance Company (“State Farm”) had insured the automobile of plaintiff Bing Woo Jew...
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Opinion The issue raised by this appeal is whether a defendant, who has been successful in having the plaintiff’s cause of action *337 dismissed because it was not brought to trial within five years, is entitled to attorney’s fees pursuant to section 1717 of the Civil Code. The five-year history of the litigation is as follows: Plaintiffs filed their complaint on Ap...
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Opinion * Defendants Southern Pacific Transportation Company and Joseph M. Murphy appeal from judgments of the Contra Costa County Superior Court after jury verdict in favor of plaintiffs Donald Simmons and Mary Jane Fernie. Plaintiff Donald Simmons appeals on the limited issue of the failure of the said superior court to instruct on punitive damages. Issues Presented D...
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62 Cal.App.3d 370 (1976) 132 Cal. Rptr. 813 THE PEOPLE, Plaintiff and Respondent, v. DAVID EUGENE WILSON, Defendant and Appellant. Docket No. 14597. Court of Appeals of California, First District, Division Three. September 28, 1976. *372 COUNSEL R. Michael Bonnifield, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief...
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*373Opinion *The jury found appellant David Eugene Wilson guilty of attempting to commit the voluntary manslaughter of Eddie J. Conley (see Pen. Code, § 192, subd. 1 and § 644) and of committing an assault with a deadly weapon upon Conley and Rodney H. Boudreau (Pen. Code, § 245). The jury also found that appellant was armed with and used a deadly weapon during the commission of the crimes. Concur...
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Opinion Plaintiff Johnnie Campbell appeals from the trial court’s order granting the motion of defendant Security Pacific National Bank (hereinafter referred to as “Bank”) for a nonsuit in this action for damages for personal injuries. The Case Johnnie Campbell filed an action for personal injuries against defendant Bank and codefendants Beverly Auto Adjusters (hereinafter r...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 391 OPINION The first amended complaint for negligence alleges "That plaintiff is the owner of the claim [legal malpractice] against defendants herein by virtue of a written assignment by Eleanor Rae Katz, dated August 7, 1972"; that defendants are attorneys a...
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Opinion The first amended complaint for negligence alleges “That plaintiff is the owner of the claim [legal malpractice] against defendants herein by virtue of a written assignment by Eleanor Rae Katz, dated August 7, 1972”; that defendants are attorneys at law and represented Eleanor Katz in a dissolution of marriage proceeding during the course of which they were negligent in advising her that ...
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Opinion Lonnie Patrick James was originally charged with violation of Penal Code section 261, subdivision 3 (rape) and section 288a (oral *402 copulation) involving Ann Stava, as well as Penal Code section 644/261, subdivision 2 (attempted rape) and section 220 (assault with intent to commit rape) involving Gael Libby. Defendant’s motion pursuant to Penal Code section 995 to ...
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Opinion The People have purportedly appealed from an order sustaining a demurrer to a count of an indictment which charged Wendy *413 Masako Yoshimura (real party in interest) with violation of Penal Code section 12312 (possession of materials with intent to make explosive or destructive devices). Real party in interest correctly pointed out, however, that an order sustainin...
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Opinion Plaintiff appeals from a judgment dismissing his action based upon strict liability against a nonprofit blood bank for personal injury allegedly caused by the transfusion of blood infected with serum hepatitis. We conclude that the immunity from liability on this basis which was established by the Legislature in Health and Safety Code section 1606 must be applied to blood banks as it ha...
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*423 Opinion * Plaintiff Coast Pump Associates (hereafter appellant) appeals from a judgment that it take nothing upon its complaint against defendant Stephen Tyler Corporation (hereafter respondent). Appellant contends that respondent, the prime contractor on a public construction project, violated the Subletting and Subcontracting Fair Practices Act (Gov. Code, § 4100 et...
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Opinion These appeals by a child and a foster parent from an order denying a petition to declare a child free from parental custody and control raise the issue of apparent first impression 1 of the extent of the child’s constitutional and statutory right to independent counsel in the proceeding. It concerns, also, issues of: (1) the authority of a commissioner to hear the matter in the absenc...
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*445 Opinion The Case The nine consolidated cases at bench, emanating from the Long Beach Municipal Court, involve the legality of the game called RINGO. The case comes up on appeal from a final judgment of conviction for operating an illegal lottery as defined in Penal Code section 319 1 (hereinafter section 319). The five (5) named defiendants/appellants Charles Ray Shira, Vickie L. D...
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Opinion Plaintiff, a member of the Public Employees Retirement System, brought this declaratoiy relief action against the state to challenge the constitutionality of a 1972 statute which altered his retirement benefits. The trial court granted the state’s motion for summary judgment and plaintiff appeals. No judgment as such was signed or entered. The last action of the trial court on file is...
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Opinion An information charged defendant Cramblit with two violations and defendant Rawls with one violation of Penal Code section 496a. Essentially, the statute imposes criminal penalties on secondhand and junk dealers who fail to use due diligence to ascertain the authority of persons seeking to sell metal parts or wire of a sort ordinarily used by public utilities.1 The trial court granted a d...
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*487 Opinion Each of the petitions before us seeks writ of mandate to require the trial court to quash service of summons upon some of the petitioners. (Code Civ. Proc., § 418.10, subd. (c).) Each petitioner is among the defendants named in each of the basic actions (in some counties more than one) from which this dispute arises. These basic actions all seek damages for personal ...
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Opinion Defendant appeals from an order denying his motion made pursuant to section 473 of the Code of Civil Procedure seeking to vacate entry of default and to set aside a default judgment. A paternity action was brought against defendant by plaintiff Sarah Ford, alleging him to be the father of her child born out of wedlock and seeking support for the child. Summons and complaint was se...
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Opinion State of California, Employment Development Department (petitioner), seeks review of an order by the Workers’ Compensation Appeals Board (Board), denying its petition for reconsideration of a prior order approving a compromise and release proposed by the worker James J. Griffin and State Compensation Insurance Fund (Fund), the employer’s compensation insurance carrier. Reconsideration was ...
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Opinion Dorothy Austero (hereafter “plaintiff’), the wife of Julius S. Austero, an incompetent, instituted this action as guardian ad litem of her husband and individually on her own behalf seeking compensatory and punitive damages for defendants’ refusal to pay to Julius disability benefits allegedly due under policies of disability insurance and for defendants’ alleged breach of the imp...
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*520 Opinion * Petitioner and appellant appeals from judgment of the Marin County Superior Court denying his petition for writ of mandamus. Issue Presented An employee of the sheriff’s office is not entitled to compensation under section 4850 of the Labor Code for holiday pay not earned while on disability leave of absence. Record Appellant filed a petition for writ of mandate to co...
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Opinion Presented for review are trial proceedings in litigation between the City of San Jose (“the City”) as owner of a public works project, Welton Beckett and Associates (“Welton Beckett”) as the project architect and Nicholson-Brown, Inc. (“Nicholson-Brown”) as the general contractor. The City retained Welton Beckett to prepare plans and specifications for the construction of a n...
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*540 Opinion The Newark Unified School District and the members of its governing board appeal from a judgment for issuance of a writ of mandate to compel reinstatement of respondent Raymond A. de Groat as a teacher. Respondent had been charged with immoral conduct and “evident unfitness for service” 1 upon allegations that on November 20 he had permitted pupils to...
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Opinion Appellant, the City of Los Angeles, has appealed from a dismissal of its action to recover $50,407 against a real estate developer, respondent Gleneagle Development Company (hereafter Gleneagle), and its surety, respondent Security Insurance Company of Hartford (hereafter Security) for breach of contract to construct *549certain improvements which were conditions precedent to the city’s a...
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Opinion By a criminal complaint filed in the Justice Court for the Mojave Judicial District of Kern County, plaintiff was charged with throwing a rock at a vehicle in violation of subdivision (a) of section 23110 of the Vehicle Code. 1 Thereafter, the complaint was transferred to the Justice Court for the Kern River Judicial District of Kern County, and plaintiff moved for a dismissal; his mo...
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Opinion Petitioner is the daughter of Paul R. Roblyer who died as the result of an industrial injury more than 240 weeks from the date of the injury; she challenges the ruling of the Workers’ Compensation Appeals Board (hereafter the Board) denying her claim for a death benefit. The Board denied the claim on the ground that it was not timely, and the dispute revolves around conflicting in...
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Opinion * Appellant appeals from an order of the Monterey County Superior Court regarding child support and purports to appeal from the order denying motion for a new trial. 1 Issues Presented 1. The trial court erred in finding that the words “age of majority” in its modification order referred to the age 18. 2. The trial court erred in finding that respondent’s obligation to pay med...
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Opinion Charles Wm. Richion and eight other individuals (hereinafter referred to collectively as Richion), cross-complainants and interveners in the original action between Windsor Sales, a partnership formed by Richard and Robert Mahoney (the parties hereinafter referred to collectively as the Mahoneys) and defendants New Life Management, Inc. (hereinafter referred to as New Life) and Union Ba...
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Opinion Appellant’s husband, an employee of the Green Valley Disposal Company, Inc., was injured, allegedly due to the negligent operation and maintenance of the garbage truck on which he was working. He suffered disabling injuries, and appellant, in this action, sought damages for loss of consortium. Her complaint was dismissed following the sustaining of a general demurrer. * ...
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62 Cal.App.3d 634 (1976) 133 Cal. Rptr. 270 THE PEOPLE, Plaintiff and Appellant, v. ELLIOTT A. GOTTFURCHT, Defendant and Respondent. Docket No. 76-198. Court of Appeals of California, Second District, Division Four. October 7, 1976. *635 COUNSEL Burt Pines, City Attorney, and Ward G. McConnell, Deputy City Attorney, for Plaintiff and Appellant. Sheppard, Mullin, Richter & Hampton, Thomas R. S...
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62 Cal.App.3d 643 (1976) 133 Cal. Rptr. 287 THE PEOPLE, Plaintiff and Respondent, v. JOHN EDWARD HERRON, Defendant and Appellant. Docket No. 27497. Court of Appeals of California, Second District, Division Five. October 7, 1976. *645 COUNSEL John Stocker, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant At...
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*657 Opinion Defendant Carl Maxwell Tatem was charged by information with burglary of five business establishments located in the northern area of San Diego County in violation of Penal Code section 459. He waived a jury trial, and the case was submitted by stipulation on the transcript of the preliminary hearing. The trial court concluded Tatem had not committed burglary but found him guilty...
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*662 Opinion Leora Bernice Cavnar appeals from an interlocutoiy judgment ordering the dissolution of her marriage to Troy Lee Cavnar and dividing the community property of the parties. Wife specifically challenges the trial court’s characterization of husband’s disability retirement pay as his separate property. We conclude that under the circumstances of this case a portion of husband’s disa...
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Opinion Clevester Clayton, a minor, and Rosie Clayton, his mother, appeal from a judgment entered in favor of the City of Sunnyvale upon the granting of a motion for summary judgment. The pleadings and other documents upon which the motion for summary judgment was based reveal that on June 3, 1973, appellant *668 Clevester, age 17, was the guest of a tenant of an apartment building located ...
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*680 Opinion A jury found defendant guilty of assault with a deadly weapon (§ 245, subd. (a), Pen. Code). He appeals from the judgment. On his way home from a social gathering, George Anderson was warned by Wayne Daley, who rode up on his bicycle, that he might be in trouble; George turned around and saw defendant and Leon Johnson approach; Leon held a butcher knife; George ...
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Opinion Plaintiff, a deputy sheriff, has appealed from a judgment which denied his petition for writ of mandate, in which he sought review (Code Civ. Proc., § 1094.5) of a decision of the defendant board which adopted the proposed decision of a referee that the plaintiff was able to perform the duties of a deputy sheriff, despite his claim that he was permanently incapacitated physically ...
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Opinion Petitioner is the widow of Dr. Lawrence Grey. On April 5, 1974, Dr. Grey was killed when an automobile that he was driving rear-ended a parked truck. At the time of his death, Dr. Grey was insured under a policy issued by the real party in interest, whereby that company agreed to pay the principal sum of $10,000 on his death and an additional sum of $10,000 in case that death was accidenta...
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Opinion Statement of the Case Appellants were jointly charged by information with violation of Health and Safety Code section 11359, possession of marijuana for sale. Appellant Podesto was also charged with violation of Health and Safety Code section 11360, transportation of marijuana. Following denial of their respective 1538.5 motions to suppress, Podesto pleaded guilty to possessi...
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Opinion The People appeal from an order dismissing the information 1 pursuant to Penal Code section 1385 after the granting of a defense motion to suppress evidence pursuant to Penal Code section 1538.5, on grounds that all of the evidence acquired by the police after the arrest of defendant Baldwin was “fruit of the poisonous tree,” namely, the unlawful search of the home afte...
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Opinion The first three causes of action of plaintiff’s first amended complaint were against only Edward Lyons who apparently remains a party defendant to the lawsuit; the fourth, fifth and sixth causes of action are against Fireman’s Fund Insurance Company (hereinafter referred to as Insurer) alone. Insurer’s demurrer on the ground the pleading “fails to state a cause of action against” ...
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Opinion Statement of the Case In June 1974 this court issued a writ of mandate directing the trial court to issue a preliminary injunction enjoining respondent county from issuing to L. G. Kendall and Eastco, Inc., (Eastco) any building permits or other “entitlements of use” for the construction of Rancho El Contento subdivision and ordering Eastco to refrain from taking any further ...
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Opinion National Health Services, Inc., a corporation (National Health) and William H. B. Chan (Chan) filed two notices of appeal herein. One appeal is taken from order granting restraining orders against them pursuant to section 538.3, Code of Civil Procedure on January 23, 1975, the other from order of October 3, 1975, denying their motion pursuant to section 556, Code of Civil Procedure to dis...
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62 Cal.App.3d 797 (1976) 133 Cal. Rptr. 331 THE PEOPLE, Plaintiff and Appellant, v. JAMES ALFRED HOLLY, Defendant and Respondent. Docket No. 27600. Court of Appeals of California, Second District, Division One. October 13, 1976. *800 COUNSEL John K. Van de Kamp, District Attorney, Donald J. Kaplan and Barry R. Levy, Deputy District Attorneys, for Plaintiff and Appellant. Wilbur F. Littlefield, Pu...
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Opinion Plaintiff Joe B. Cramer appeals from the judgment entered following the grant of a motion for nonsuit in favor of defendant Queen of Angels Hospital. In his complaint, plaintiff alleged that he contracted serum hepatitis by reason of a blood transfusion administered to him while he was a patient in respondent hospital. Prior to trial, he elected to proceed on the theories of strict liab...
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*819Opinion Appellants pled guilty to possession of marijuana for sale (Health & Saf. Code, § 11359). They are appealing from the judgments (orders granting probation) under the authority of Penal Code section 1538.5, subdivision (m). Shortly after midnight on September 12, 1975, Los Angeles County Deputy Sheriff Bruce Wright was proceeding westbound on Firestone Boulevard in a marked patrol vehi...
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Opinion This is a proceeding in mandamus to compel discovery in a pending juvenile court matter (Welf. & Inst. Code, § 602) in which petitioner is charged with battery on a police officer. *826 Petitioner’s discovery motion sought information in police files regarding citizens’ complaints of excessive force or racial prejudice on the part of the arresting officers, Brogelman...
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Opinion David appeals from an order of the juvenile court, declaring him to be a ward of that court as being a person coming under section 602 of the Welfare and Institutions Code. We affirm the order. In a petition filed pursuant to Welfare and Institutions Code, section 602, on August 20, 1975, in juvenile court, appellant David W., a minor, was charged with grand theft of an automobile in ...
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*855 Opinion The People are petitioning for a writ of mandate, requesting that respondent court be directed to set aside its order granting defendant Michael McKunes’ discovery motion. The issue presented is whether a defendant charged with a violation of Penal Code section 245, subdivision (a) (assault with a deadly weapon) can compel discovery of information in the personnel file of a pol...
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Opinion Defendant was charged in an information filed by the District Attorney of Los Angeles County with the crimes of burglary and grand theft. After entering pleas of not guilty, defendant moved for an order of discovery of evidence in possession of the prosecution. The trial court, following a hearing on the motion, entered an order dismissing the information. The People have appealed fro...
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Opinion A 45-year-old woman underwent a routine hysterectomy at Feather River Hospital in Chico on September 28, 1970. The operation itself was successful, but she died three months later of serum hepatitis contracted from a blood transfusion administered during the surgical procedure. Her husband filed this wrongful death action against the doctors, the hospital, and the supplier of the ...
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*878Opinion Ferreira appeals from a judgment denying a petition for writ of mandamus in which he sought an order commanding respondent Swoap, then Director of the State Department of Social Welfare (hereafter Director), to set aside an order and decision issued on August 7, 1973, in which the Director found Ferreira ineligible for aid to the needy disabled (ATD), as then provided by sections 1350...
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Opinion By information No. A436763, appellant was charged with two counts of forgery (Pen. Code, § 470), and two prior felony convictions (one in 1969 and one in 1971 were alleged). On December 4, 1974, appellant pled not guilty. By information No. A436996, appellant was charged with possession of heroin (Health & Saf. Code, § 11350), and the two prior convictions previously alleged ...
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*917 Opinion Earl Lee Stevenson was charged with violation of section 11351 of the Health and Safety Code, possession for purpose of sale of heroin. His motion to traverse the search warrant and suppress the evidence obtained thereby was granted, and the information was dismissed pursuant to section 1385 of the Penal Code. The People appeal from the order suppressing evidence and dismissing t...
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Opinion Plaintiffs filed a complaint, 1 in seven causes of action, claiming fraud, breach of contract, rescission and declaratory relief. Of the seven causes of action, only two (the first and fourth) purported to state a cause of action against defendant Marilyn Schlocker. Those causes of action sought recovery from her for fraud in inducing plaintiffs to enter into a contract. Marilyn’s mot...
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Opinion Petitioner Kathleen Fisher is the widow and petitioner Donna Fisher the daughter of Donald Fisher. After the Workers’ Compensation Appeals Board denied their claim for death benefits, we issued a writ of review. The appeals board’s denial was based upon the last paragraph of Labor Code section 5406, that paragraph being italicized in the following excerpt: “The period within which may be c...
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Opinion Diane Bojorquez, a minor, appeals through Rachel Bojorquez, her guardian ad litem, the summary judgment dismissing her complaint against Southland Corporation (dba 7-11 Food Stores), William and Hollis Wade (dba 7-11 Stores), and House of Toys, Inc. Four children went to a 7-11 Market and one of them bought a slingshot distributed by House of Toys. Charles Sellers, a 10-year-old membe...
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*937 Opinion Introduction This case is the outgrowth of a dispute between the Council of Supervising Judges of the Municipal Court of San Bernardino County and that county’s board of supervisors. One of the judges made an order in February 1975 directing the Marshal of San Bernardino County to hire two additional deputies and to procure all necessary equipment to support the hirings ordered...
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Opinion Plaintiff appeals from a judgment dismissing his action for damages against defendant State of California (hereinafter “the State”) following the sustaining of a demurrer to the complaint without leave to amend. *963 The complaint alleges as follows: On August 23, 1972, plaintiff applied for benefits under the aid to the totally disabled program (hereinafter “ATD”); ...
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*974 Opinion Petitioners are defendants in a pending medical malpractice action filed by real party in interest in respondent court on June 7, 1971. Trial in said action was originally set for October 1, 1975. In September 1975, counsel for real party received word from real party’s wife that real party was hospitalized with cancer in Florida where he then resided and would be unavailable for...
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Opinion This is a proceeding in administrative mandate (Code of Civ. Proc., § 1094.5) to review a decision to the Board of Trustees of the Pasadena Unified School District not to re-employ 171 certificated employees for the school year 1974-1975. The trial court denied affirmative relief to petitioners, 24 probationary teachers who received termination notices, but ordered respondent boar...
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Opinion Cross-complainants, who in the lower court were, and will be here, collectively referred to as McAdams, have appealed from a judgment which denied their claim to one-half of the timber rights on lands which in 1958, as a result of the dissolution of a partnership, had been distributed to cross-defendants, who similarly were, and will be, collectively referred to as Ogletrees. They...
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Opinion Plaintiff appeals from a judgment denying his petition for a writ of mandate to compel the defendant to pay him unemployment insurance benefits. The record discloses that, on August 1, 1974, the Employment Development Department denied plaintiff, Douglas Evenson, unemployment benefits. There were two grounds for this action: first, that he voluntarily terminated his employmen...
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Opinion The People appeal, pursuant to Penal Code section 1238, subdivision (a)(7), from an order of the superior court dismissing a pending criminal prosecution pursuant to Penal Code section 1385 after that court granted the defendant’s motion to suppress on the ground that the evidence was the product of an unlawful entry to serve a search warrant for failure to comply with Penal Code sectio...
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Opinion The trial court sustained without leave to amend a demurrer to plaintiff’s complaint for recovery of a deficiency arising from the resale of farming equipment sold to and later repossessed from defendants. Plaintiff appeals from the ensuing judgment of dismissal. The issues to be determined on this appeal are: (1) the statute of limitations applicable to an action for recovery of ...
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