Court Cases Court Cases

  Most Popular Cases Tab Overlap Cases with Faces Tab Overlap Cases by Type Tab Overlap Cases by Reporter Tab Overlap Cases by Year Right End

All Reporters → cal-app-3d → Volume 88

Opinions in cal-app-3d Volume 88

Opinion Marcia V. Axley appeals from a summary judgment entered against her in favor of Transamerica Title Insurance Company (Transam). Axley sued numerous parties in connection with a real estate transaction. The appeal here involves the sixth cause of action which alleges a breach of duty on the part of Transam, the escrow holder in the transaction. *4 On or abou...
Views: 2
Opinion Robert R. appeals an order of the trial court denying his motion to set aside his stepparent adoption of Jason R., age five. Facts Gloria and Dennis M. were married on August 5, 1967, and the minor child Jason was born to them on September 19, 1971. Their marriage was dissolved on October 31, 1972, and custody of their minor child, Jason, was granted to Gloria subject to the right o...
Views: 2
Opinion Petitioner city filed petition for writ of review claiming it was not an employer of Charles Calvert, the injured employee within the meaning of Labor Code section 5500.5 1 during the last five *22 years of Calvert’s employment or within five years of the “date of injury” and accordingly, should have been dismissed as a defendant in Calvert’s claim for work...
Views: 1
Opinion Plaintiff City Products Corporation appeals from a judgment of dismissal after a demurrer was sustained (without leave to amend) to its complaint seeking recovery from defendant Globe Indemnity Company pursuant to the terms of a general liability policy of insurance. The policy expressly covered “all sums which the insured shall become legally obligated to pay as damages because o...
Views: 10
Opinion The sole question presented by this proceeding is whether an industrially injured municipal employee is entitled to the vocational rehabilitation benefits mandated by Labor Code section 139.5, as amended in 1974. 1 In September 1975, Thomas K. Slotten (hereafter applicant) sustained an industrial injury to his head, neck, and shoulders while employed as a police offic...
Views: 9
Opinion Statement of the Case Appellant Dane R. Hayward, a police officer for the City of Hanford, was dismissed near the end of his one-year probationary period. He brought this action to challenge the procedures used in his dismissal. *67 On February 10, 1977, appellant’s counsel ¡Sled three separate documents with the Superior Court of Kings County, all under one court number. One was ...
Views: 1
*74 Opinion Defendant Robert A. Moesch (Moesch) appeals from a judgment entered by the trial court in an unlawful detainer action upon a motion by plaintiff Union Oil Company of California (Union) for judgment on the pleadings. Statement of the Case Union’s complaint alleged a lease agreement between Union as lessor and Moesch as lessee, executed on July 31, 1973, for r...
Views: 1
Opinion Joaquin S. contends abuse of discretion on the part of the trial court in refusing to admit polygraph evidence at a hearing to *82 vacate his order of commitment to the California Youth Authority (CYA). Joaquin had been committed to the CYA on July 12, 1977, after a hearing and true findings he had committed two armed robberies (Pen. Code, § 211). Joaquin brought this petition to vaca...
Views: 1
Opinion Defendant Manuel Guevara, Jr., was charged with one count of escape (Pen. Code, § 4532, subd. (b)), 1 five counts of kidnaping (§ 207), two counts of burglary (§ 459), one count of robbery (§ 211) and two counts of unlawful taking of a motor vehicle (Veh. Code, § 10851). Guevara was also charged with seven allegations of enhancement under section 12022, subdivision (b), seven allegati...
Views: 12
Opinion Appellants are the owners of coin-operated, video “21” or “Blackjack” game machines, which they lease to various businesses for the amusement and enjoyment of their customers. When the player’s score is closer to 21 points than the machine’s, the player wins an additional, free chance to play, which is signified by illumination of an “extended play” button permitting the machine to be o...
Views: 4
Opinion Philip Shelton Baker appeals from a judgment convicting him of violation of Penal Code section 520 (extortion by use of force or threat) and Penal Code section 523 (extortion by threat). Appellant, and other persons not parties to this appeal, were investors in a corporation that was in the process of converting into a bar a building adjacent to property owned by one Leo Veme...
Views: 6
Opinion Defendant Tyrone James appeals from a judgment of the Superior Court of Sacramento County sentencing him to a total of 11 years in prison after a jury found him guilty of second degree murder, with use of a deadly weapon. (Pen. Code, §§ 187, 12022.) Defendant’s contentions are: (1) The trial court committed prejudicial error in allowing his impeachment by means of a prior felony; (2) th...
Views: 10
Opinion Plaintiff appeals from the judgment in a partition action. The case arises long after the distribution of the estate of Alice E. Forrest, deceased. She provided in her will for her six children, plaintiff (Fern) included. As part of her dispositive plan she gave Fern the real property here involved “for so long as he lives upon the property, and upon his removal from the property, or up...
Views: 0
Opinion Appellant, an employee of Graphic Arts International Union, Local No. 63-A, 63-B (hereinafter Union), sued the Union and certain of its agents and officers for assault, battery, false imprisonment and rape. By her first amended complaint, she alleged that, on April 14, 1976, she was, by George Smith and others, during business hours, “attacked, beat, struck, assaulted ... by approaching...
Views: 5
Opinion Defendant appeals his conviction of armed robbery on the ground that irrelevant and prejudicial hearsay evidence was erroneously admitted by the court under the state of mind exception to the hearsay rule. Defendant was charged by information with robbery, a violation of Penal Code section 211. It was further alleged that defendant used a handgun while committing the offense, a violat...
Views: 8
*203 Opinion We issued an alternative writ of mandate in this matter upon a representation that the superior court, at a trial de novo on a small claims court appeal, expressly permitted hearsay testimony by the respondent therein, contrary to Evidence Code section 1200 and California Rules of Court, rule 155. But we have concluded that the writ was improvidently issued by ...
Views: 5
*209 Opinion Arthur B. White, real party in interest, appeals 1 from an order of the superior court granting the People’s writ of mandamus reinstating White’s prior felony conviction and directing the municipal court to vacate its order reducing count II, a felony charge, to a misdemeanor. White contends that the superior court erred in issuing the peremptory writ as: 1) he was charged in c...
Views: 3
Opinion Following a jury trial in the Long Beach Municipal Court, defendant David Lee Barben (Barben) was convicted of violating section 4050 of the Business and Professions Code. 1 That section, with exceptions not relevant here, makes it a misdemeanor for any person “to manufacture, compound, sell or dispense any drug, poison or chemical, or to dispense or compound any prescription of a med...
Views: 1
Opinion Defendant appeals from a judgment convicting him of the offenses of robbery (Pen. Code, § 211) and murder (Pen. Code, § 187) following verdicts in a jury trial. Initially, an information was filed on September 27, 1976, charging defendant with having committed a robbery of Joel Irving Arisohn on February 23, 1976. It was also alleged that, at the time of the commission of the robbery, d...
Views: 13
*256 Opinion Bruce C. Newlin, Superintendent of the Amador Valley Joint Union High School District (hereafter, the District), and others appeal from a judgment granting a writ of mandate to compel them to raise the salaries of certain teachers. Respondent teachers were all certified employees of the District for 1975-1976, under employment contracts that incorporated a sched...
Views: 2
Opinion Defendant was convicted by a jury of possession of heroin in violation of Health and Safety Code section 11350, subdivision (a). He was placed on probation on various terms and conditions including the service of one year in the county jail. An appeal from the judgment of conviction was duly noticed. Subsequently defendant petitioned this court to vacate the judgment under Penal Code ...
Views: 7
Opinion Plaintiff appeals after denial of his motion for new trial in this action for attorney malpractice. The action was tried by the court. At the conclusion of a two-day trial the court found for defendant. Thereafter, plaintiff discovered that one of the two attorneys who represented defendant at trial was under suspension from the practice of law at the time of trial for nonpayment of fee...
Views: 0
Opinion Petitioners, executors of the estate of Tillie Lewis, seek á writ of prohibition after the Superior Court of San Joaquin County, sitting in probate, granted real party’s request for a jury trial. *278 Matthew L. Lewis, real party, is the executor of the estate of Meyer Lewis, Tillie’s predeceased husband. On June 27, 1977, Matthew filed a petition in Tillie’s estate ...
Views: 1
Opinion Defendant was charged by information with murder (Pen. Code, § 187) and the use of a deadly weapon (a knife) in the commission of the murder. (Pen. Code, § 12022, subd. (b).) Several prior convictions were charged. Defendant pled not guilty and moved to suppress evidence on the ground of unreasonable search and seizure (Pen. Code, § 1538.5). The motion was submitted on the transcr...
Views: 7
Opinion Defendant Diane Crudgington was charged by information with one count of welfare fraud (Welf. & Inst. Code, § 11483, subd. (2)—cash assistance for a child in excess of $200). Her motion to set aside the information made pursuant to Penal Code section 995 was granted. The People appeal pursuant to Penal Code section 1238, subdivision (a)(1)- The sole ground upon which the tria...
Views: 0
Opinion Statement of the Case1 This is an appeal from a pretrial order enjoining appellant from operating a private airport during the pendency of the action. *306On May 31, 1977, respondent filed a complaint seeking to enjoin appellant’s operation of an airport on its property in the Sierra foothills in the northeast comer of Tulare County. The complaint alleged that the airport constituted a pu...
Views: 0
Opinion The petition in this matter seeks review of an order denying petitioners’ motions for summary judgment. We are asked to decide whether a third party contract is an offer to the creditor-beneficiary so that the beneficiary must accept the “offer” before a cause of action in his favor accrues. There is no dispute as to the relevant facts. On October 21, 1966, Roy C. Alexander a...
Views: 0
Opinion This is an appeal from the trial court’s granting of respondents’ motion for judgment on the pleadings. 1 We affirm the judgment. On January 6, 1977, Robert B. McDowell, Edythe M. McDowell, Joseph B. McDowell, Michael B. McDowell, and Michele Marinoff (hereinafter appellants) filed their first amended complaint for damages for wrongful death. The complaint alleges ...
Views: 4
Opinion Union Bank (hereafter bank) appeals from a judgment awarding plaintiffs $7,779 damages for breach of contract. Plaintiffs cross-appeal from the judgment insofar as it fails to award them *334 exemplary damages. On the bank’s appeal, we affirm. On the cross-appeal we reverse and remand. I The Bank’s Appeal The plaintiff law firm is a professional corpora...
Views: 4
Opinion Donald Beauchene appeals from a judgment of dismissal which was rendered after the court sustained a demurrer to his complaint in which he had alleged that Synanon Foundation, Inc. was liable for the intentional criminal behavior of Lynn Bentley, who injured appellant after eloping from a Synanon home. On appeal after a sustained demurrer, the court must assume the truth of the factua...
Views: 9
Opinion Emanuel P. Razeto and Minnie P. Razeto have appealed from a summary judgment dismissing their complaint against respondents City of Oakland and East Bay Municipal Utility District (EBMUD). *351 The complaint sought recovery for property damage resulting from the alleged negligent installation and maintenance of a fire hydrant. Specifically, vandals allegedly turned o...
Views: 1
Opinion Defendants appeal from a mandatory injunction rendered against them following a court trial. In a first amended complaint plaintiffs set forth three causes of action. The first alleged a nuisance, the second a trespass and the third an action based upon negligence. Defendants are the owners and operators of a public golf course in the City of Azusa. In 1969, plaintiff S...
Views: 1
88 Cal.App.3d 383 (1979) 151 Cal. Rptr. 770 Estate of RAY EDWARDS, Deceased. KENNETH CORY, as State Controller, Petitioner and Appellant, v. HOPE D. MACARTNEY, as Executrix, etc., Objector and Respondent. Docket No. 19605. Court of Appeals of California, Fourth District, Division Two. January 16, 1979. *385 COUNSEL Myron Siedorf, Margaret Groscup and James R. Birnberg for Petitioner and Appellant...
Views: 1
*386Opinion Statement of Facts Ray Edwards, deceased, bequeathed the following gift in article four of his will: “To Oakland Cemetery Association [hereafter Cemetery] of Saint Paul, Minnesota, a public cemetery, the sum of One Hundred Thousand Dollars ($100,000.00) in memory of my beloved wife, A. Estelle H. Edwards.” An inheritance tax referee concluded that the bequest to Cemetery.was subject t...
Views: 0
*402 Opinion Petitioners appeal from a judgment of the superior court denying their petition for extraordinaiy relief in the nature of mandamus and/or prohibition against the Board of Supervisors of Ventura County (the Board) for unlawfully and wrongfully granting a conditional use permit to Phoenix West Oil and Gas Corporation (Phoenix), the real party in interest. 1 ...
Views: 6
I must respectfully dissent from the opinion expressed by the majority primarily because it suggests a procedure I perceive to be a departure from the orderly and, so far as possible, expeditious trial of issues and administration of justice. It is my firm belief that where a complaint alleges attorney’s fees are part of the damages suffered in a breach of contract action, as here, they should be ...
Views: 0
88 Cal.App.3d 438 (1979) 152 Cal. Rptr. 167 In re HARM R., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. HARM R., Defendant and Appellant. Docket No. 20129. Court of Appeals of California, Fourth District, Division Two. January 17, 1979. *440 COUNSEL Malcolm S. MacMillan, Public Defender, and Patra Wollum, Deputy Public Defender, for Defendant and Appellan...
Views: 7
Opinion The superior court, on defendant William Walters’ motion for summary judgment against plaintiff Fred Redman, entered an order that “the motion herein be and it is granted,” and that plaintiff’s “complaint herein be and it is dismissed and that judgment be entered for defendant [Walters].” We treat the order as an appealable order dismissing plaintiff’s action insofar as it relates...
Views: 2
*459 Opinion On April 23, 1977, a search warrant for premises in Newark was issued. 1 Shortly thereafter, five officers under the command of Detective Kasich proceeded to the house. Four were deployed to the front; Officer Lynch climbed over a fence in the rear. He encountered respondent Berkeley, who was on a sundeck clad in shorts sunning himself. Lynch announced his mission and told Berk...
Views: 2
*463Opinion The appeal in this matter seeks review of an order denying appellant’s application for leave to file a creditor’s claim in the subject decedent’s estate.1 In dispute is whether the exception of Probate Code section 7202 to the time limits of the probate claim procedure is limited to physical injuries. Appellant’s claim states in relevant part as follows: On or about June of 1959, appe...
Views: 8
Opinion The minor appeals from the judgment (order of commitment to the California Youth Authority (CYA)) following his admission to the allegation that he committed robbery (Pen. Code, § 211). The petition is in two counts. Count 1 alleges a single incident in which the minor robbed six victims while armed with a firearm; count 2 alleges the minor committed an assault with a deadly ...
Views: 4
Opinion By an amended information defendant was charged with receiving stolen property in violation of Penal Code section 496, subdivision 1. Defendant entered a plea of not guilty; trial was by jury. Defendant was found guilty as charged and sentenced to the state prison for the term prescribed by law. Defendant has appealed from the judgment of conviction. *494 Statement of Facts In Aug...
Views: 9
Opinion The main question posed by this appeal concerns the exclusive remedy provisions of the Workers’ Compensation Act (Lab. Code, § 3200 et seq.): specifically, should these provisions bar an employee’s civil action against his employer and fellow employees for intentional infliction of emotional distress where physical illness and disability accompany the emotional distress? We hold that th...
Views: 9
*540 Opinion Ralph N. Bambacigno and Mazy Bambacigno appeal from a summary judgment dismissing as against one defendant a complaint by which appellants sought recovery from Lydia C. Baker, Marcelino Arriaga and Orvalle N. Bodenhausen for damages resulting from an automobile collision. The summary judgment was in favor of Bodenhausen. On December 23, 1974, Arriaga allegedly lost control of h...
Views: 0
Opinion Plaintiffs are the two minor children of defendant John P. Quaglino; they are suing through their guardian ad litem for child support and appointment of a receiver. Defendant was convicted of the murder of plaintiffs’ mother and is presently incarcerated on that charge. On March 11, 1977, the trial court ordered a receiver appointed for the property described in exhibit A of the complai...
Views: 3
Opinion This appeal by the Los Angeles County Flood Control District arises out of a judgment granting damages to Weeshoff Construction Company in the amount of $31,781 for extra work performed during the execution of a construction contract. The district now appeals the judgment, contending damages were improperly awarded. It claims: (a) there was no change in the original contract ...
Views: 0
*598Opinion Introduction Walter R. Martin (plaintiff) brought suit against Bruce A. Johnson (defendant Johnson) and The Church of Jesus Christ of Latterday Saints (defendant church, also referred to as L.D.S. Church).1 Plaintiff charged that defendants had committed the torts of defamation, intentional infliction of emotional distress, interference with prospective advantage and conspiracy to com...
Views: 0
Opinion The marriage of Donald and Beverly Spurr was terminated by a Nevada divorce decree which contained a provision requiring Donald to maintain a $15,000 life insurance policy in favor of Deeann Dorothy Spurr, the only child of the marriage and the plaintiff in the instant action. Following the death of Donald Spurr, plaintiff brought this action against Donald’s second wife, defendant Boni...
Views: 0
Opinion This appeal presents the question whether the survivors of a person who died in an automobile accident, caused by decedent’s own drunken driving and his consequent violation of a traffic law, can take an award of damages from the proprietor of a bar where the decedent was served drinks, while he was obviously intoxicated, just before the accident. Patricia June Sissle and oth...
Views: 6
Opinion Defendant was charged with: (count I) robbery, in violation of section 211 of the Penal Code; and (count II) assault with a deadly weapon, in violation of subdivision (a) of section 245 of the Penal Code. After a trial by the court, trial by jury having been duly waived, defendant was found guilty of robbery in the second degree and of assault by means likely to produce great bodily inj...
Views: 5
Opinion Plaintiff Grace Pena appeals an order dismissing her 19th and 20th causes of action pursuant to the sustaining of defendants’ demurrers thereto. We affirm the dismissal order. *644 In the summer of 1975, plaintiff went on a 10-day prepaid tour of Mexico. The tour had been arranged by Sita World Travel, Inc. (Sita) and sold to plaintiff by United Associated Tour and Travel Service (U...
Views: 4
Opinion Appellant Bradfield was injured on a Trans World Airlines, Inc. (hereafter TWA) flight enroute from San Francisco to Paris when, while he was descending the stairs of the first class section of a Boeing 747, the airplane encountered turbulence and he fell down the stairs. He was at the time an economy class passenger visiting the first class area, either on his own initiative or a...
Views: 1
Opinion This appeal is from a judgment of dismissal with prejudice entered against the plaintiff after, a general demurrer of the defendants, Paul J. Benoit and Michael Hem, was sustained without leave to amend. Complaint and Demurrer On May 23, 1977, plaintiff filed his complaint in Orange County. Plaintiff brings his action under the federal Civil Rights Act, 42 United St...
Views: 7
Opinion This appeal is from an adverse judgment in an inverse condemnation action. We adopt the “Factual Statement” as set forth in appellant’s brief: “In the latter part of 1968, Appellant was the owner of a parcel of property fronting on Noble Avenue in the San Fernando Valley identified as Lot 10, Tract 15055. During that time Respondent was in the process of acquiring rights of way for the Rou...
Views: 4
*727 Opinion Margaret Earley Manguso’s action is one for libel against a former school principal, Ben Fugate, under whom she worked as a teacher, and against Oceanside Unified School District, the school district employing them, for alleged defamatory statements Fugate made in a letter he is alleged to have caused to be placed in her permanent personnel file with the school distr...
Views: 6
Opinion The present appeal is by the People from a judgment of dismissal and order suppressing evidence rendered under the following circumstances.1 *734At 4:30 a.m. on Januaiy 13, 1977, Palo Alto Police Officer Deisinger observed two men standing by—exiting or entering—an automobile in the parking lot at the Travel Lodge Motel on El Camino Real in Palo Alto. Except for the insignificant fact that...
Views: 0
Opinion Defendant was. charged in count 1 with violation of Penal Code, 1 section 12020 (possession of a sawed-off rifle) and in counts 2, 3, *745 and 4 with violation of section 211 (robbery). The information also charged defendant with the use of a sawed-off rifle in the commission of the robberies charged in counts 3 and 4. Defendant pleaded not guilty to all counts and denied the use ch...
Views: 5
Opinion Petitioners are charged by indictment with conspiracy to commit murder in the first degree. The first degree murder charge also alleges two special circumstances: (1) that petitioners willfully conspired to commit premeditated murder “by means of a destructive device or explosive” (Pen. Code, § 190.2, subd. (b) 1 ) and (2) that petitioners willfully conspired to murder a peace officer...
Views: 7
Opinion Edward T. Powers, a licensed real estate broker, bilked respondent and her late husband. There were two stages to this operation, *765 both involving one listing agreement for the same piece of real estate. The question is whether this fraud occurred in one transaction or two. Where there is an uncollectable judgment against a licensed real estate broker based on a fr...
Views: 1
Opinion The issue presented here is what statements, if any, made to defense investigators by defense alibi witnesses can be discovered by the prosecution. We conclude that such discovery constitutes an unconstitutional violation of a defendant’s privilege against self-incrimination even if the statements only impeach the testimony of the alibi witnesses and do not directly inculpate the defendant...
Views: 0
*815 Opinion This is an appeal from a judgment declaring that certain procedures of the California Employment Development Department (EDD) violated section 303(a)(1) of the Social Security Act (42 U.S.C. § 503(a)(1)), the due process clause of the California Constitution, and the due process clause of the United States Constitution. The superior court issued an injunction prohibiting the susp...
Views: 4
*826 Opinion Defendant Transpacific Transportation Company appeals from the judgment in favor of plaintiff Division of Labor Law Enforcement, the assignee of the claims of various former employees of defendant for wages due. The findings of fact and conclusions of law relevant to this appeal are as follows: Defendant is a steamship agency company which employed 43 persons in...
Views: 0
*834 Opinion Appellant was hired as director of bilingual-cross cultural education at the Franklin-McKinley School District in July of 1974. Appellant had a credential for the community college level but did not hold an administrative credential for kindergarten through 12th grade, a requisite of the job. Despite that lack, she was considered the best qualified applicant and the ...
Views: 0
Opinion Patricia M. Johnson (Patricia) appeals from that part of the judgment of dissolution of marriage to Andrew J. Johnson (Andrew) that denied her request for child support for the minor child James Joseph Johnson (Jimmy) based upon the court’s finding that Andrew was not the putative father of the child. As Justice Tobriner (then an appellate court justice in the First District) so aptly...
Views: 6
88 Cal. App. 3d 864 (1979) 152 Cal. Rptr. 111 In re GORDON BANKS on Habeas Corpus. Docket No. 10103. Court of Appeals of California, Fourth District, Division Two. January 26, 1979. *866 COUNSEL Charles E. Ward, Public Defender, Littleton M. Gunn and Andrew E. Rubin, Deputy Public Defenders, for Petitioner. Evelle J. Younger, Attorney General, Michael D. Wellington, Deputy Attorney General, James...
Views: 2
Opinion The central issue on this appeal is whether the results of an human leucocyte antigen (HLA) test are admissible to establish parentage in a civil paternity suit. 1 At the commencement of trial, defendant made an oral motion in limine to exclude the results of an HLA paternity test performed by Dr. Paul Terasaki of the UCLA School of Medicine on blood sample...
Views: 2
Opinion This appeal 1 by the People raises the common question of whether a trial court has jurisdiction to impose a sentence pursuant to Penal Code section 1170.1, where a defendant, at the time he commits an offense subject to the Uniform Determinate Sentencing Act (DSL), has committed a felony prior to the July 1, 1977, operative date of the DSL. For the reasons set forth below, we reverse...
Views: 4
88 Cal.App.3d 899 (1979) CHRISTINE M. FULTS, Petitioner, v. THE SUPERIOR COURT OF SONOMA COUNTY, Respondent; DAVID A. COOK, Real Party in Interest. Docket No. 43694. Court of Appeals of California, First District, Division Three. January 29, 1979. *901 COUNSEL Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Tho...
Views: 2
Opinion Stephanie Nicole Fults was bom to petitioner Christine Fults on October 3, 1975. The birth certificate lists the mother’s age as 17 and names David Cook, real party in interest, as the father, age 19. Petitioner and Cook have never been married nor have they ever lived together. The District Attorney of Sonoma County filed a paternity suit on petitioner’s behalf naming Cook as defendant.1...
Views: 5
88 Cal.App.3d 906 (1979) 152 Cal. Rptr. 130 In re W.O. et al., Minors. THE PEOPLE, Plaintiff and Respondent, v. LAWRENCE O. et al., Defendants and Appellants. Docket No. 44363. Court of Appeals of California, First District, Division Three. January 29, 1979. *907 COUNSEL Rose & Dettmer, Ronald W. Rose and Thomas H. Dettmer for Defendants and Appellants. Evelle J. Younger and George Deukmejian...
Views: 2
Opinion The parents of two minor children appeal an order removing them from the home. The court below found that “the children are happy, content, clean, overall very well cared for, and that the parents are concerned parents.” Nonetheless, because cocaine and marijuana were discovered at their residence, the court concluded that “having those drugs in the home leads to the possibility of harm or...
Views: 1
Opinion On March 11, 1977, the California Energy Resources Conservation and Development Commission (hereinafter Commission or Petitioner), adopted amendments to energy conservation regulations for new residential construction pursuant to Public Resources Code section 25402, subdivision (a). 1 The new standards represent nine months of evidence taking by the Commission from its staff and other...
Views: 0
88 Cal.App.3d 924 (1979) 152 Cal. Rptr. 127 REGAN DISTRIBUTORS, INC., et al., Plaintiffs and Appellants, v. YUROSEK & SON, INC., et al., Defendants and Respondents. Docket No. 53719. Court of Appeals of California, Second District, Division Three. January 29, 1979. *925 COUNSEL J. Albert Hutchinson for Plaintiffs and Appellants. Selvin & Weiner and Paul P. Selvin for Defendants and Respon...
Views: 1
*933 Opinion By jury trial appellant was found guilty of first degree burglary. He appeals from the judgment (order granting probation) contending (1) that the trial judge had no jurisdiction and (2) that error was committed by the court and the prosecutor as to rulings and comments upon locating defense witnesses. Neither contention has merit. This trial was heard by Municipal Court Judge ...
Views: 2
*960 Opinion The Department of Health and its director appeal from a judgment in administrative mandamus directing in effect, among other things, that the department issue to Verdugo Hills Hospital, Inc., located in Glendale, California, a certificate of exemption from the requirement of a certificate of need for its lease-purchase of a piece of diagnostic equipment known as a co...
Views: 3
Opinion This is an action in inverse condemnation in which appellants claim damages to their property alleging that certain acts of respondent city diminished the value of appellants’ real property. In a trial without jury the court found in favor of defendant city. Appellants filed a timely notice of appeal. Appellants owned a parcel in fee simple on the northwest comer of Franklin Avenue an...
Views: 1
Opinion California State University, Chico, and Dr. Stanford Cazier, its president, 1 appeal from a judgment granting a peremptory writ of mandate (prohibition) to petitioner James L. Bonn. The record on appeal does not include the reporter’s transcript. Accordingly, the statement of facts is taken from the findings of fact made by the trial court. Prior to his retirement Bonn was a techn...
Views: 2
Opinion Following a preliminary hearing, defendant Marquez was charged by information with the sale of heroin in violation of Health and Safety Code section 11352. Defendant was convicted of that charge in a jury trial and appeals, contending erroneous admission of evidence by the trial court merits reversal. At the trial Officer McConnell testified he was telephoned by a Henry Ramos on Janua...
Views: 3

Non-Government Works Copyright © 2001-2026 Think Computer Corporation. All Rights Reserved.

About   Apps, Extensions & AI   System Status   Privacy   Security   Contact Us

ⓘ Information Facts

Sign In Sign Up
Issues Laws Cases News Firms Entities Pro
Sign In Sign Up