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All Reporters → cal-app-3d → Volume 83

Opinions in cal-app-3d Volume 83

Opinion Calvin O. Walters, Jr., respondent; commenced this action against Irvine A. Marler and Sharon E. Marler, appellants, for specific performance of an agreement to deed Walters a house and certain real property. Walters also sought damages. Walters amended the complaint to seek restitution based on rescission, reformation, damages for fraud, negligence, breach of fiduciary duty and f...
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*41 Opinion Defendant Allstate Insurance Company (Allstate or defendant) was granted summary judgment. Plaintiffs John and Maude Murphy (plaintiffs) appeal. Plaintiffs filed no declarations in opposition to defendant’s motion for summary judgment. However, defendant’s motion was based on a number of declarations, several of which referred to and incorporated other documents,...
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Opinion The appeal at bench concerns the recovery of real property taxes for the 1973-1974 assessment year levied upon a possessory interest *72 in two large cargo cranes owned by respondent City of Oakland (hereafter Port or respondent) and leased to and operated by Seatrain Terminals of California, Inc. (hereafter Seatrain or appellant). The background facts may be summariz...
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Opinion This is an appeal from the judgment following appellant’s conviction of voluntary manslaughter under Penal Code section 192, subdivision 1. On March 5, 1977, Melody Howard asked Carnell Brunner, the man she lived with and the victim in this case, to purchase a bag of heroin for her. Brunner asked James L. Webb, appellant herein, to get a bag for him, which appellant did, charging Brunner $...
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83 Cal. App. 3d 96 (1978) 147 Cal. Rptr. 586 In re the Marriage of HELEN F. and WILLIAM R. ROESCH. WILLIAM R. ROESCH, Respondent, v. HELEN F. ROESCH, Appellant. Docket No. 41179. Court of Appeals of California, First District, Division Four. July 24, 1978. *98 COUNSEL Stern, Stotter & O'Brien, Lawrence H. Stotter and Victoria J. De Goff for Appellant. Suren Toomajian, Robert D. McGuiness, The...
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Opinion These three actions consist of a personal injury action and two wrongful death actions, all arising out of the same accident. The three matters were consolidated for the purpose of trial. The principal issues on this appeal arise by reason of comparative fault and partial indemnity guidelines enunciated in the seminal cases of Li v. Yellow Cab Co. (1975) 13 C...
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Opinion The People appeal from an order of the Superior Court setting aside pursuant to Penal Code section 995 the amended information charging defendant with forgery. (Pen. Code, § 470.) Facts—Preliminary Hearing Brian Harvey was president of Alflex Corporation in Gardena, a manufacturer of electrical wire, cable, conduit and aluminum coil sheet. In late October or early November 1974, Har...
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Opinion Robert F. Provencher appeals a judgment denying his petition for a peremptory writ of mandate to compel the municipal court to strike a prior drunk driving conviction in his prosecution on a current charge of drunk driving. The superior court reached the merits of Provencher’s petition. We decline that invitation and in so doing, suggest the trial court, as a matter of policy, should ...
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I concur in reversal of the judgment awarding respondent his attorneys’ fees, because he did not sue appellant bank for breach of the written security agreement which provided for them. As to reversal of the judgment for actual and punitive damages entered on the jury’s verdict, I respectfully dissent. Respondent did sue the bank for its breach of its oral contract to keep the pickup insured. His ...
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83 Cal. App. 3d 143 (1978) 147 Cal. Rptr. 710 In re the Marriage of BEVERLY MAE and MARSTON BARNES, JR. BEVERLY MAE BARNES, Appellant, v. ELEANOR BARNES, Respondent. Docket No. 41908. Court of Appeals of California, First District, Division Four. July 26, 1978. *145 COUNSEL Harland & Gromala and David C. Moore for Appellant. Sapper, Stone & Hanson and Sam L. Stone for Respondent. OPINION ...
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Opinion Attorney John A. Altschul appeals from the summary judgment granted in an action brought by Altschul against Attorney Hill Sayble wherein appellant sought to recover money allegedly owed by respondent pursuant to said attorneys’ fee-splitting/referral fee agreement. The trial court held that the contract was against public policy and unenforceable. Facts: On March 24, 19...
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83 Cal.App.3d 167 (1978) 147 Cal. Rptr. 723 Estate of BERNARD J. WITLIN, Deceased. ELSIE E. WITLIN, as Executrix, etc., Plaintiff and Appellant, v. RIO HONDO ASSOCIATES et al., Defendants and Appellants. Docket No. 51881. Court of Appeals of California, Second District, Division Three. July 26, 1978. *170 COUNSEL Hillel Chodos for Plaintiff and Appellant. Ervin, Cohen & Jessup, Allan Browne, ...
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Opinion Defendants, Rio Hondo Associates, an approximately 45-member partnership composed largely of doctors, which owns a successful hospital in Downey, California, and generally those doctors, appeal from a judgment against them entered upon a jury verdict of compensatory damages in the principal sum of $208,869.14 and from an order denying their motion for judgment notwithstanding the verdict....
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Opinion Plaintiffs, John K. Orme and Edith B. Orme, appeal from that portion of an inverse condemnation judgment which awarded them approximately $67,700 damages and denied interest on the entire award from the date the first damage occurred, and from the order granting the motion of the state, taxing engineering costs and attorney fees. Statement of Facts The plaintiffs appeal only from post tri...
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Opinion This is an appeal from a judgment of the Alameda County Superior Court denying a petition for a writ of mandamus, or, in the alternative, prohibition. Appellants are four state employee organizations and a number of individual Department of Transportation employees. The lawsuit arose under the following circumstances. In August of 1975 the department, faced with certain revenue cutbac...
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83 Cal. App. 3d 214 (1978) 147 Cal. Rptr. 616 GILLETT-HARRIS-DURANCEAU & ASSOCIATES, INC., Plaintiff and Appellant, v. ROBERT C. KEMPLE et al., Defendants and Respondents. Docket No. 40857. Court of Appeals of California, First District, Division Two. July 27, 1978. *216 COUNSEL Littlejohn & Westfall, Donald W. Littlejohn, Gerald W. Nash and Crump, Bruchler & Crump for Plaintiff and A...
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83 Cal.App.3d 224 (1978) 147 Cal. Rptr. 777 Guardianship of the Person and Estate of ROBERT JACOB SLAKMON, a Minor. EUGENIA M. SLAKMON, as Guardian, etc., Petitioner and Respondent, v. RICARDO A. CALLEJO, Objector and Appellant. Conservatorship of the Person and Estate of ROBERT JACOB SLAKMON, a Minor. EUGENIA M. SLAKMON, as Conservator, etc., Petitioner and Respondent, v. RICARDO A. CALLEJO, Obj...
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Opinion Plaintiffs Tzevair Meraia and Vasil Thingili have appealed from the dismissal of their action to recover $15,000 damages against Fairy A. McCann and James R. Murphy for conspiracy to induce a breach of contract and interference with contract. 1 Dismissals were *241 ordered pursuant to Code of Civil Procedure section 583, subdivision (a), for want of diligen...
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*250 Opinion This is an appeal by defendants Anthony Dardarian and The Tub, Inc., a corporation, from the judgment of the superior court in an unlawful detainer action holding them liable for unpaid rental due under a lease of real property. Plaintiffs Roy T. Meredith and Mary L. Carmack, as trustees of the estate of Madison W. Meredith, leased the premises to defendants by writt...
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83 Cal.App.3d 257 (1978) 147 Cal. Rptr. 766 JAMES FORBES, Plaintiff and Appellant, v. CAMERON PETROLEUMS, INC., et al., Defendants and Respondents. Docket No. 52503. Court of Appeals of California, Second District, Division Three. July 27, 1978. *259 COUNSEL John E. Crooks and Philip R. Linsley for Plaintiff and Appellant. Thomas R. Ulmer for Defendants and Respondents. OPINION POTTER, J. Plainti...
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Opinion Defendants First Kensington Corporation (hereinafter Kensington) and Barry S. Marlin (hereinafter Marlin) appeal from the judgment of the superior court awarding plaintiff Jack M. DeCamp compensatory and punitive damages totaling $72,525 on plaintiff’s complaint for money had and received and fraud. The cause was heard as an uncontested matter after the default of defendants was t...
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Opinion This is a habeas corpus proceeding in which petitioner John S. seeks to test the validity of a juvenile court order which requires him, as a condition of probation, to spend between five and ten days custodial time in juvenile hall. *288 On March 29, 1978, a petition was filed alleging that John S. was a person within the provisions of section 602 of the Welfare and ...
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83 Cal.App.3d 296 (1978) 147 Cal. Rptr. 861 Estate of IRVIN H. LYNCH, Deceased. BRUCE A. ALTMAN, as Public Administrator, etc., Petitioner and Appellant, v. GORDON L. COX et al., Objectors and Respondents. Docket No. 52497. Court of Appeals of California, Second District, Division Five. July 27, 1978. *298 COUNSEL John H. Larson, County Counsel, and Gordon W. Treharne, Deputy County Counsel, for ...
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Opinion This appeal is by the Los Angeles County Public Administrator (Public Administrator) from a ruling approving assignments of portions of interests in the estate possessed by various heirs.1 *299The facts are that the estate came into existence on September 27, 1973, upon the death of testator. The Public Administrator was duly appointed and qualified as administrator on November 23, 1973....
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I reluctantly concur. While I do not agree with all the alleged deficiencies in the trial court procedures relating to the appointment and relief of counsel and the ultimate decision to permit defendant to represent himself, it does seem to me that the trial court erred somewhere along the line. If I had to put my finger on the turning point, it came on October 22, 1976, when defendant announced, ...
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83 Cal.App.3d 335 (1978) 147 Cal. Rptr. 856 THE PEOPLE, Petitioner, v. THE SUPERIOR COURTS OF GLENN COUNTY, Respondent; BRUCE LEE CROOK, Real Party in Interest. Docket No. 17164. Court of Appeals of California, Third District. July 11, 1978. *337 COUNSEL Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Paul H. D...
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83 Cal. App. 3d 346 (1978) 147 Cal. Rptr. 801 ROSS GENERAL HOSPITAL, INC., Plaintiff and Respondent, v. JEROME A. LACKNER, as Director, etc., et al., Defendants and Appellants. Docket No. 51687. Court of Appeals of California, Second District, Division One. July 28, 1978. *349 COUNSEL Evelle J. Younger, Attorney General, N. Eugene Hill, Chief Assistant Attorney General, John J. Klee, Jr., Assista...
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83 Cal. App. 3d 356 (1978) 147 Cal. Rptr. 795 LISA UVA, a Minor, etc., et al., Plaintiffs and Respondents, v. JEFFREY EVANS, Defendant and Appellant. Docket No. 51735. Court of Appeals of California, Second District, Division Five. July 28, 1978. *359 COUNSEL Ives, Kirwan & Dibble, John Brevidoro and Peter M. Fonda for Defendant and Appellant. Louis M. Niven for Plaintiffs and Respondents. OP...
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Opinion The husband appeals from portions of a judgment dividing community property and awarding attorney fees to the wife. We affirm. *390On November 12, 1975, the trial court entered an interlocutory decree of dissolution, reserving jurisdiction over child and spousal support, attorney fees and division of community property. On March 16, 1976, a final decree of dissolution was entered. On Febru...
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83 Cal. App. 3d 393 (1978) 147 Cal. Rptr. 812 In re CINDY E., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. CINDY E., Defendant and Appellant. Docket No. 19526. Court of Appeals of California, Fourth District, Division Two. July 31, 1978. *397 COUNSEL Richard A. Daily for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief ...
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Opinion Evelle J. Younger, Attorney General of the State of California, petitions this court for an extraordinary writ of mandate to compel respondent court to set aside its ex parte order of May 5, 1978, which restrains petitioner or his representatives from appearing at real party in interest’s extended term hearing or at any other extended term hearing conducted by the Community Release Board p...
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83 Cal.App.3d 413 (1978) 148 Cal. Rptr. 54 KAISER FOUNDATION HOSPITALS, PERMANENTE MEDICAL GROUP, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, CALIFORNIA SCHOOL FOR THE DEAF et al., Respondents. Docket No. 40941. Court of Appeals of California, First District, Division Four. August 1, 1978. *414 COUNSEL Airola & Ringgold and Lowell A. Airola for Petitioner. Thelen, Marrin, Johnson &...
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Opinion Brotherhood of Teamsters and Auto Truck Drivers Local 70 of Alameda County appeals from a judgment 1 vacating an award of a labor arbitrator. Claudell Roberts, who was employed by respondent Safeway Stores, Inc., as a driver, failed to complete certain work assigned to him. Safeway suspended Roberts pending an investigation, and appellant union immediately asserted...
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Opinion This petition for writ of mandate involves the right under federal maritime law of a person sued for negligently inflicted personal injury to recover indemnity from the employer of the injured person, where the employer has fully satisfied the obligation imposed upon it by the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA). Specifically, the petition raises the issue ...
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83 Cal. App. 3d 454 (1978) 147 Cal. Rptr. 879 NEW HAMPSHIRE INSURANCE COMPANY, Plaintiff and Appellant, v. FRED SAUER et al., Defendants and Appellants. Docket No. 50298. Court of Appeals of California, Second District, Division Five. July 31, 1978. *456 COUNSEL Bogert, Ehrmann & Halpern and David C. Bogert for Plaintiff and Appellant. Jones & Wilson and James T. Hudson for Defendants and...
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83 Cal. App. 3d 463 (1978) 147 Cal. Rptr. 884 LAWRENCE KELLAM et al., Plaintiffs and Respondents, v. MARCH FONG EU, as Secretary of State, etc., Defendant and Appellant. Docket No. 52688. Court of Appeals of California, Second District, Division Five. July 31, 1978. *465 COUNSEL Evelle J. Younger, Attorney General, Iver E. Skjeie, Assistant Attorney General, and Henry G. Ullerich, Deputy Attorney...
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*472 Opinion This appeal challenges the constitutionality of Elections Code section 7203, 1 on equal protection and due process grounds. To pinpoint the problem: the section, by its wording, prevents an independent candidate in a special election from participating in a runoff election when no candidate receives a majority vote in the primary election. The underlying facts to this appeal ...
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83 Cal. App. 3d 476 (1978) 147 Cal. Rptr. 823 THE PEOPLE, Plaintiff and Respondent, v. DAVID FRANK MAYNARICH, Defendant and Appellant. Docket No. 31052. Court of Appeals of California, Second District, Division Five. July 31, 1978. *478 COUNSEL Paul Halvonik and Quin Denvir, State Public Defenders, under appointment by the Court of Appeal, Charles M. Sevilla, Chief Assistant State Public Defender...
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Opinion Voters within the area embraced by the Belmont County Water District (hereafter District) caused to be presented to the *487San Mateo County Board of Supervisors a petition, under the District Reorganization Act of 1965 (Gov. Code, § 56000 et seq.; hereafter the Act), requesting that proceedings be initiated for the establishment of the District as a subsidiary district of the City of Belm...
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83 Cal.App.3d 492 (1978) 147 Cal. Rptr. 898 ROSEMARY RUTH BARTELL et al., Plaintiffs and Appellants, v. PALOS VERDES PENINSULA SCHOOL DISTRICT, Defendant and Respondent. Docket No. 52157. Court of Appeals of California, Second District, Division Two. August 2, 1978. *495 COUNSEL Morgan, Wenzel & McNicholas and Darryl L. Dmytriw for Plaintiffs and Appellants. McKay, Byrne & Udkovich and Mi...
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Opinion Plaintiffs sued for damages for wrongful death of their son. The general demurrer of defendant Palos Verdes Unified School District (school district) to the fourth amended complaint was *496sustained without leave to amend, and plaintiffs appeal the judgment of dismissal. We review the trial court decision under the general rule that accepts all factual allegations as true in determining w...
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Opinion J.—Respondent Roy Gene Thomas was charged by information with violating Penal Code sections 136, 137. 1 His motion to set aside the information (Pen. Code, § 995) was granted and the People appeal. *513 The People introduced the following evidence at the preliminary hearing: Respondent's mother, Louise Thomas, was on trial in Department 23 of the Los Angeles Superior Court, in con...
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Opinion Petitioners, Laurel Hills Homeowners Association, Briarcliff Improvement Association, Susan Tyler, and Marvin E. Jacobs, appeal from a judgment denying their petition for a writ of mandate that would have required respondents, the City Council of Los Angeles, the city planning commission and the city advisory agency, to vacate their approvals of a subdivision (tentative tract 2903...
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Opinion A jury returned a $77,000 verdict in favor óf plaintiff John L. Hubbard after trial of Hubbard’s complaint for damages for medical malpractice against defendant Travis H. Calvin, Jr., M.D. Calvin appeals the judgment entered on the verdict after the trial court denied his motions for mistrial and for new trial. The action arose out of Calvin’s June 1972 decision to perform, and his te...
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83 Cal.App.3d 549 (1978) 147 Cal. Rptr. 316 THE PEOPLE, Plaintiff and Respondent, v. STANLEY HUFF, Defendant and Appellant. Docket No. 16384. Court of Appeals of California, First District, Division Two. July 10, 1978. *552 COUNSEL Michael P. Thorman, under appointment by the Court of Appeal, and Thorman, Rainie, Etnire & Haptas for Defendant and Appellant. *553 Evelle J. Younger, Attorney Ge...
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83 Cal. App. 3d 563 (1978) 148 Cal. Rptr. 170 THE PEOPLE, Plaintiff and Respondent, v. EMERY SOWELLS RIDDLE, Defendant and Appellant. Docket No. 31738. Court of Appeals of California, Second District, Division Two. August 4, 1978. *566 COUNSEL Paul Arthur Turner, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assi...
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83 Cal. App. 3d 582 (1978) 147 Cal. Rptr. 915 BARBARA C. COOKE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; JACK KENT COOKE, Real Party in Interest. JACK KENT COOKE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; BARBARA C. COOKE et al., Real Parties in Interest. Docket Nos. 53345, 53246. Court of Appeals of California, Second District, Division Four...
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83 Cal.App.3d 593 (1978) 148 Cal. Rptr. 57 CONTINENTAL INSURANCE COMPANY, Plaintiff, Cross-defendant and Appellant, v. MORGAN, OLMSTEAD, KENNEDY & GARDNER, INC., Defendant, Cross-complainant and Respondent; INSURANCE COMPANY OF NORTH AMERICA et al., Cross-defendants and Appellants. Docket Nos. 50536, 50735. Court of Appeals of California, Second District, Division One. August 7, 1978. *596 CO...
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*597Opinion Continental Insurance Company (Continental), as subrogee of Manufacturers Hanover Trust Company (Manufacturers), sued Morgan, Olmstead, Kennedy & Gardner, Inc. (Morgan), a broker which had acted as principal or agent in purchasing United States treasury bills which had been stolen from Manufacturers. The complaint asserts several theories of liability. It claims that Morgan failed to ...
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83 Cal.App.3d 609 (1978) 147 Cal. Rptr. 921 THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF PLUMAS COUNTY, Respondent; SAMUEL R. QUINN, JR., et al., Real Parties in Interest. Docket No. 17718. Court of Appeals of California, Third District. August 7, 1978. *611 COUNSEL Evelle J. Younger, Attorney General, Garrick W. Chock and Edmund D. McMurray, Deputy Attorneys General, for Petitioner. No appea...
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Opinion Arlen Henry Walker and Andre Enos Walker appeal the judgments after a jury found each of them had committed four robberies (Pen. Code, § 211); each was found to have been armed with a firearm during two of the robberies. Arlen received two consecutive sentences; Andre, concurrent sentences. Andre and an associate robbed four different 7-11 stores on four different occasions. Arlen dro...
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Opinion This is an appeal from the granting of summary judgment in favor of the plaintiff in a declaratory relief action. The action sought a declaration that the plaintiff was covered by insurance for a fire occurring after termination of the policy where the boiler installation work allegedly causing the fire occurred during the policy period. The learned trial judge, Honorable W. G. Wa...
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83 Cal. App. 3d 651 (1978) 148 Cal. Rptr. 68 JOY GIBSON, as Administrator, etc., Plaintiff and Appellant, v. CITY OF PASADENA, Defendant and Respondent. Docket No. 51994. Court of Appeals of California, Second District, Division Four. August 9, 1978. *653 COUNSEL Fox, Gibson & Moseley, Fox & Gibson and James L. Gibson for Plaintiff and Appellant. Evelynn M. Finn, City Attorney, Hahn &...
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Opinion The City of El Cajon (El Cajon) sought a writ of mandate to compel Gerald J. Lonergan, San Diego County Auditor (Auditor), to comply with instructions given him by the Comprehensive Planning Organization of the San Diego Region (CPO) to disburse $1,165,000 to El Cajon from the Local Transportation Fund (LTF) held on deposit in the San Diego County treasury. El Cajon and CPO contend the dis...
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Opinion Appellant sought declaratory relief for unpaid salary under the terms of her written contract of employment as a probationary certificated employee with respondent Board of Trustees, Roseland School District (hereafter Board) for the period of time she had been suspended and placed on compulsory leave of absence pending resolution of charges against her, one of which ultimately resulted...
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83 Cal.App.3d 690 (1978) 148 Cal. Rptr. 203 DOROTHY CARMEN PARRA, Plaintiff and Respondent, v. THE MUNICIPAL COURT FOR THE SAN LEANDROHAYWARD JUDICIAL DISTRICT OF ALAMEDA COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Appellant. Docket No. 41724. Court of Appeals of California, First District, Division One. August 10, 1978. *692 COUNSEL Evelle J. Younger, Attorney Genera...
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83 Cal. App. 3d 698 (1978) 146 Cal. Rptr. 266 Guardianship of DIANNE L. TULLEY. EDWIN ALFRED TULLEY, as Guardian, etc., Petitioner and Appellant, v. DIANNE L. TULLEY, Objector and Respondent. Docket No. 42514. Court of Appeals of California, First District, Division Two. August 10, 1978. *700 COUNSEL Vorsatz & Vorsatz, Frank C. Vorsatz and Paul F. Vorsatz for Petitioner and Appellant. Paul N....
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*711 Opinion Appellants, owners of a large tract of property in Marin County, appeal from a judgment in condemnation after the jury determined the value of their property to be $600,000. Respondent sought to condemn the property in connection with the construction of a ferry terminal in Larkspur. The subject property consists of between 589 and 600 acres in the Town of Corte...
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83 Cal. App. 3d 718 (1978) 148 Cal. Rptr. 90 THE PEOPLE, Plaintiff and Respondent, v. ANDREW GARZA PEREZ, Defendant and Appellant. Docket No. 31095. Court of Appeals of California, Second District, Division Four. August 10, 1978. *721 COUNSEL Richard H. Levin, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assista...
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Opinion Defendant, Claudelle Graham, Jr., appeals from a judgment of conviction of assault with a deadly weapon (Pen. Code, *739 § 245, subd. (a)) that included the penalty enhancing finding that Graham used a firearm in the commission of the offense. (Pen. Code, § 12022.5.) The appeal lies. (Pen. Code, § 1237, subd. 1.) Graham contends that the trial court committed error by: (1) allowing ...
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83 Cal. App. 3d 747 (1978) 148 Cal. Rptr. 106 SOUTHERN CALIFORNIA EDISON COMPANY et al., Plaintiffs and Appellants, v. HARBOR INSURANCE COMPANY et al., Defendants and Respondents. Docket No. 50771. Court of Appeals of California, Second District, Division Five. August 11, 1978. *749 COUNSEL Tucker & Coddington, William G. Tucker, F. Leonard Sisk, Patrick L. Johnston and Richard A. Vachon for ...
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Opinion This is an appeal in a class action suit from a superior court judgment dismissing the unnamed class members. The action was commenced by plaintiffs and appellants Harry and Melanie Altman on behalf of 458 homeowners and trustors under certain deeds of trust. Defendants are Manhattan Savings Bank (Manhattan), respondent, the beneficiary under the deeds of trust, and Bradley M...
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83 Cal.App.3d 771 (1978) 148 Cal. Rptr. 118 In re the Marriage of VERNA C. and NELSON W. BORGES. NELSON W. BORGES, Respondent, v. JACQUELINE ROBINSON, as Special Administratrix, etc., Appellant. Docket No. 41464. Court of Appeals of California, First District, Division Four. August 14, 1978. *773 COUNSEL Boornazian, King & Schultze and James L. McIntosh for Appellant. Goth, Dennis & Aaron...
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Opinion Jacqueline Robinson, special administratrix of the estate of Verna C. Borges, deceased, appeals1 from an order denying modification of an interlocutory judgment of marital dissolution. The marriage of Nelson W. Borges and Verna C. Borges was terminated on January 3, 1975, by an interlocutory judgment which awarded to Verna $250 per month alimony. Integrated into the judgment was a marital ...
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Opinion Gerald A. Crowley appeals from a judgment denying a writ of mandate to restrain the City and County of San Francisco and its police commission and police chief from requiring appellant to respond to a departmental investigation. Crowley holds tenure in the civil service of the city and county as a police sergeant, and is the president of the San Francisco Police Officers Association. For ...
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83 Cal. App. 3d 780 (1978) 148 Cal. Rptr. 207 [*]LENORE ELIZABETH BARTMAN, a Minor, etc., Plaintiff and Appellant, v. ESTATE OF RICHARD EDWARD BARTMAN, Deceased, Defendant and Respondent. Docket No. 43083. Court of Appeals of California, First District, Division Four. August 14, 1978. *782 COUNSEL Paul C. Jess for Plaintiff and Appellant. Bennett, Van de Poel, Campbell & Strickland, Thomas A...
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Opinion American National Bank & Trust Company of Eau Claire, Wisconsin^ appeals from an order awarding to respondent James F. Schigur, indemnification of costs and counsel fees in the amount of $5,291.16. Appellant brought an action against defendants, who are not parties to this appeal, to foreclose deeds of trust securing promissory notes and to obtain deficiency judgments against...
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83 Cal. App. 3d 795 (1978) 148 Cal. Rptr. 114 CITY OF SACRAMENTO et al., Plaintiffs and Respondents, v. THE MUNICIPAL COURT FOR THE SACRAMENTO JUDICIAL DISTRICT OF SACRAMENTO COUNTY, Defendant and Respondent; ALEXANDRA POPE, Real Party in Interest and Appellant. Docket No. 17035. Court of Appeals of California, Third District. August 14, 1978. *796 COUNSEL Paul N. Halvonik and Quin Denvir, State ...
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83 Cal.App.3d 801 (1978) 148 Cal. Rptr. 134 MARTIN T. COBURN, Plaintiff and Appellant, v. STATE PERSONNEL BOARD, Defendant and Respondent. Docket No. 41964. Court of Appeals of California, First District, Division One. August 15, 1978. *803 COUNSEL Steinhart, Goldberg, Feigenbaum & Ladar and John W. Hanley, Jr., for Plaintiff and Appellant. Evelle J. Younger, Attorney General, and Matthew P. ...
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83 Cal.App.3d 814 (1978) 148 Cal. Rptr. 213 GENE KAY, Plaintiff and Appellant, v. PACIFIC TELEPHONE AND TELEGRAPH COMPANY et al., Defendants and Respondents. GENE KAY, Plaintiff and Respondent, v. PACIFIC TELEPHONE AND TELEGRAPH COMPANY et al., Defendants and Appellants. Docket Nos. 38662, 41878. Court of Appeals of California, First District, Division Four. August 15, 1978. *815 COUNSEL Exelrod ...
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83 Cal. App. 3d 819 (1978) 148 Cal. Rptr. 129 CRESTWOOD LUMBER COMPANY, Plaintiff and Appellant, v. CITIZENS SAVINGS AND LOAN ASSOCIATION, Defendant and Respondent. Docket No. 41150. Court of Appeals of California, First District, Division Four. August 15, 1978. *822 COUNSEL Basye, Prior & Kavanaugh and Charles A. Pinkham, Jr., for Plaintiff and Appellant. James L. McIntosh for Defendant and ...
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Opinion Plaintiff appeals from an adverse judgment in an action for false imprisonment.1 We affirm. *830In the light of the jury verdicts, the sole issue on this appeal is whether the county may be held liable for false imprisonment by reason of the failure of the sheriff’s department more promptly to advise the deputy district attorney in charge of plaintiff’s criminal case of the existence of a ...
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Opinion By information defendant was charged with murder in violation of Penal Code section 187. It was alleged in the information that defendant used a firearm—a shotgun—during the commission of the offense, within the meaning of Penal Code section 12022.5 and Penal Code section 1203.06, subdivision (a)(1). Defendant was tried by a juiy after he entered a plea of not guilty. The jury found d...
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Opinion Following trial by jury George H. Richardson was convicted of one count of conspiracy to commit grand theft and forgery (Pen. Code, § 182, subd. 1; count l), 1 four counts of forgery (Pen. Code, § 470; counts 2, 3, 4 and 5); four counts of attempted grand theft (Pen. Code, §§ 664/487, subd. 1; counts 6, 7, 8 and 9); and one count of attempted receiving stolen property (Pen. Code, §§ 6...
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Opinion On June 18, 1973, appellant filed its action against respondent for declaratory and injunctive relief, wherein it sought to enjoin enforcement of portions of sections 2248.1-2248.25 of title 10 of the California Administrative Code and particularly section 2248.14(c) there*874of, insofar as they purport to regulate compensation which may be paid to general agents of insurers in the credit ...
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Opinion Plaintiffs and Appellants Hariy D. Eden and Nina S. Eden appeal from two judgments of dismissal entered following motions for summary judgment by defendant Maro Corporation, dba Western Laboratories (Maro) and Max Van Tine, individually, and doing business as Van Tine Construction Co. (Van Tine). Each of said motions was granted upon the ground that the Edens’ causes of action aga...
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Opinion In this proceeding by the Butte County Department of Social Welfare to have six minor children declared free from parental custody and control pursuant to Civil Code section 232, subdivisions (a)(2) and (a)(7), the trial court granted the petitions (which have been consolidated for trial) and appointed the Children’s Home Society of California as being guardian under the provisions of sec...
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Opinion The State Personnel Board appeals from an order of the superior court ordering the issuance of a peremptory writ of mandate. The writ directs the board to set aside and reconsider its decision refusing to order reinstatement of Jeanne Sheehy, an employee in the State Treasurer’s office. Sheehy appeals from that portion of the order of the superior court denying her request for payment of b...
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83 Cal.App.3d 918 (1978) 148 Cal. Rptr. 242 JOHN H. TIEDEMANN, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; RICHARD S. NAIR, Real Party in Interest. Docket No. 42924. Court of Appeals of California, First District, Division One. August 17, 1978. *921 COUNSEL Boornazian, King & Schulze, James L. McIntosh and Barbara Rosenfeld Davis for Petitioner. No appearance for Responde...
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Opinion In this proceeding we consider the question whether an informer’s communication to an enforcement agency of the United States Treasury Department concerning a possible perpetration of a tax fraud falls within the scope of absolute privilege under the provisions of section 47, subdivision 2, of the Civil Code.1 We conclude *922for the reasons which we discuss that the statutory privilege a...
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83 Cal. App. 3d 928 (1978) 148 Cal. Rptr. 255 DAISY ENIS, a Minor, etc., Plaintiff and Appellant, v. SPECIALTY AUTO SALES et al., Defendants and Respondents. Docket No. 40569. Court of Appeals of California, First District, Division Two. August 17, 1978. *931 COUNSEL John H. Peterson and Robert A. Seligson for Plaintiff and Appellant. O'Connor, Cohn, Dillon & Barr and James L. English for Def...
Views: 3
Opinion Defendant-appellant Louis Paul Solomos (hereafter appellant) appeals from a judgment of conviction following a jury verdict finding him guilty of violating Penal Code section 484 (grand theft auto). Issues involve the validity of appellant’s waiver of counsel, the propriety of certain jury instructions, the failure of the court to advise appellant of his constitutional privilege not to ...
Views: 5
83 Cal.App.3d 956 (1978) 148 Cal. Rptr. 459 ROBERT G. NICHOLS, Plaintiff and Appellant, v. CANOGA INDUSTRIES, Defendant and Respondent. Docket No. 50639. Court of Appeals of California, Second District, Division One. August 17, 1978. *958 COUNSEL Belcher, Henzie & Biegensahn and J. Gary Hastings for Plaintiff and Appellant. Kindel & Anderson, Manuel S. Klausner and George L. O'Connell for...
Views: 7
Opinion The People appeal the trial court’s dismissal of charges of unlawful possession of cannabis in the form of hashish (Health & Saf. Code, § 11357, subd. (a)), possession of marijuana for the purpose of sale (Health & Saf. Code, § 11359), and unlawful possession of a “black box”—a device to avoid telephone toll charges (Pen. Code, § 502.7, subd. (b)(1)). The People assert the trial court err...
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*979 Opinion Appellant has appealed from the order of the juvenile court of October 27, 1977, committing him to the California Youth Authority. Appellant’s sole contention on appeal is that the failure of the Santa Barbara Superior Court to provide a court reporter at the adjudication proceedings held on petitions filed June 10, 1975, May 7, 1976, September 16, 1977, and October 11, 1977, c...
Views: 4
Opinion Defendant was an inmate at Chino on April 11, 1977. Early that morning Russell Bates, a correctional officer on duty in the Cedar Hall housing facility at Chino awakened inmate Weiner to facilitate Weiner’s getting to some sort of early duty. Weiner was assigned to bunk No. 4027; defendant was assigned to bunk No. 4030 which was three bunks away from Weiner’s on the same side of “...
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83 Cal. App. 3d 993 (1978) 148 Cal. Rptr. 165 THE PEOPLE, Plaintiff and Respondent, v. ANTHONY RICHARD MUNOZ, Defendant and Appellant. Docket No. 8681. Court of Appeals of California, Fourth District, Division One. April 13, 1978. *994 COUNSEL Appellate Defenders, Inc., under appointment by the Court of Appeal, and Barry D. Utsinger for Defendant and Appellant. Evelle J. Younger, Attorney General...
Views: 9
Opinion Plaintiff appeals from a judgment confirming an award of arbitration adverse to her. We dismiss the appeal. Plaintiff filed a medical malpractice action against defendant hospital and her attending physicians and surgeons. The defendants demanded arbitration, which was ordered by the trial court. 1 The arbitration was in favor of the defendants who moved, successfully, for confirmat...
Views: 1

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