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Washington D.C. | Guam | Northern Marinara Islands | Puerto Rico | U.S. Virgin Islands The hundred cases PlainSite readers opened most in the past 30 days. 2
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344);
4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
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5
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
6
Based on the fact that a 1993 civil forfeiture lawsuit became one of the most popular dockets on PlainSite, PlainSite founder Aaron Greenspan sued six United States government agencies over their denial of FOIA requests and subsequent administrative appeals about Nigerian President Bold Tinubu, newly elected as of May 2023 in a highly controversial election.
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8
This case was brought before the court because Justin R. Dhooghe found out about an affair between his then fiance Laura V. Rivera and Charles W. Dithrich and wanted information. Charles W. Dithrich wanted to settle out of court for a list of demands including the deletion of all information and pictures Justin R. Dhooghe had in his possession of the affair along with the sum of five thousand dollars in exchange for a non-CLETs restraining order, one that was not on his permanent record. Justin R. Dhooghe eventually refused and the case was brought before the judge and ultimately was dismissed due to insufficient grounds. No restraining order is in effect.
9
The heart of my case is that Tesla, Inc. illegally terminated me in
violation of the FEHA and well-established public policy.
More specifically, Tesla illegally fired me for the following reasons:
1) I have a disability (ASD and hypertension that required
emergency care).
2) I requested accommodations and unilaterally attempted to engage
in a good faith interactive process and was denied.
3) I am an older person. I was almost 62 years old when I was
illegally fired. I was replaced immediately (3-days-later) by a
software engineer who was approximately half my age.
Coworkers made comments about my age and indicated that I
was an “old man.”
4) I complained that Rollins and my co-workers were engaging in
sexual harassment and offensive communications referring to
their penis sizes on Tesla’s communications network. Also,
sexual videos of women twerking were placed in the team’s chat
that displayed women’s breasts. Reporting was required by
Tesla’s own Sexual Harassment and Bullying Training Program.
5) I was forced to open a workers’ compensation case for injuries I
sustained as a result of work. I was awarded $45,000 for this
claim.
6) Moreover, I was fired because I engaged in whistleblowing
regarding sexual harassment, sabotage, and other security issues.
Whistleblowing is a protected activity.
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Amanda Patricia Bossingham, also known as "Amy," the proprietor of Amy's Baking Company in Scottsdale, AZ, featured on the popular Fox television show "Kitchen Nightmares," was convicted of bank fraud in 2008 after she falsified a Social Security number on an application for a five-figure bank loan.
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19
Aaron Greenspan, creator of the 2003 predecessor to The Facebook at Harvard University, sued popular author Benjamin Mezrich, his publisher Random House, and Columbia Pictures for copyright infringement, defamation and false advertising due to the statements made by Mezrich in and about his book "The Accidental Billionaires." Mezrich's book, which cites Greenspan's as a source, has been marketed as supposed non-fiction, even though the story is full of inconsistencies and outright falsifications, many of which Mezrich admits to. Mezrich notably omitted Greenspan's role in the creation of the web site, and helped to prop up Mark Zuckerberg as a "genius" in his book, leading to the eventual motion picture "The Social Network," and contributing to the frenzy surrounding Facebook's problematic IPO.
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31
Pop star Taylor Swift's early manager Daniel Dymtrow sued the Swift family after his services were terminated just before a meeting with Sony ATV that he alleges he helped to arrange, cutting him out of payments. He also sued Swift's new record label, Big Machine Records, and its founder, Scott Borchetta.
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37
Current and former servers and bartenders at Darden Restaurants — the parent company of Olive Garden, Red Lobster, LongHorn Steakhouse, Seasons 52, and Bahama Breeze — filed this nationwide collective action in September 2012 in the Southern District of Florida, alleging violations of the Fair Labor Standards Act. The plaintiffs claimed that Darden illegally required tipped employees to participate in mandatory tip-sharing arrangements and otherwise failed to pay them the federal minimum wage applicable to tipped workers. The proposed class ultimately encompassed more than 216,000 servers and bartenders who worked for Darden brands during the three-year period covered by the claims.
The case generated extensive procedural litigation over conditional certification, the scope of the class list, and discovery. In November 2013, the parties discovered that Darden had inadvertently omitted approximately 1,586 bartenders from the class list — those coded under a "Bartender Tip Share" designation introduced at Olive Garden, Red Lobster, Bahama Breeze, and Seasons 52 when those brands rolled out mandatory tip-share programs around 2011. The parties jointly moved to extend the opt-in period to cover these workers. The case proceeded to mediation before a private mediator in June 2014.
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40
Richard Ramirez — the serial killer known as the "Night Stalker" who terrorized Southern California in 1984 and 1985, murdering at least 13 people and assaulting dozens more — filed this federal habeas corpus petition in December 2007 in the Central District of California, challenging his 1989 state court convictions and death sentence. The petition was filed through the Federal Public Defender's office after Ramirez exhausted his state court appeals. Federal habeas proceedings in capital cases are characteristically lengthy, and Ramirez's case proceeded slowly through the district court over several years while he remained on death row at San Quentin State Prison.
Ramirez had been convicted of 13 counts of murder, five attempted murders, 11 sexual assaults, and 14 burglaries following a highly publicized trial in Los Angeles. The case had been one of the most sensational criminal prosecutions in California history. Ramirez died of natural causes at San Quentin in June 2013 while his federal habeas petition was still pending, rendering the case moot.
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46
Virginia Giuffre sued Ghislaine Maxwell for defamation after Maxwell alleged that Giuffre's claims about Jeffrey Epstein's sex trafficking ring, which ensnared Giuffre as a minor, were not true. Thousands of pages of documents regarding Epstein and his associates, including former Presidents Bill Clinton and Donald Trump, have been released in this case as a result of the discovery process.
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47
Federal prosecutors in the District of Rhode Island charged Irvin Vilneus and four co-defendants — Junior Mertile, Tony Mertile, James Legerme, and Allen Bien-Aime — in a series of related criminal cases filed in late 2020. A notice of related case filed in November 2020 formally linked the five proceedings, indicating the defendants were charged in connection with a common scheme or organization. The cases proceeded together before the court, which is common in prosecutions involving multiple members of an alleged criminal enterprise or conspiracy. The related-case structure suggested the defendants were charged with overlapping or coordinated criminal conduct in Rhode Island.
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52
56
Elon Musk has sued OpenAI and its co-founders Sam Altman and Greg Brockman over its tight partnership with Microsoft and its for-profit activities.
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64
This lawsuit was the second complaint filed by a woman proceeding under the pseudonym Jane Doe against Donald J. Trump and Jeffrey Epstein in the Southern District of New York, filed in September 2016 — four months after the plaintiff had voluntarily dismissed an earlier action in the same court. The refiled complaint contained substantially similar allegations: that the plaintiff, who was 13 years old in 1994, had been raped and sexually abused by both Trump and Epstein at parties hosted by Epstein at his Manhattan townhouse. The complaint alleged that Epstein lured the plaintiff with promises of money and modeling opportunities and that Trump and Epstein subjected her to multiple assaults over the course of several encounters. Like the earlier filing, it included accounts from an alleged witness proceeding as a second anonymous declarant.
The refiled case attracted even greater media attention because it was filed shortly before the November 2016 presidential election. A press conference at which the plaintiff and her attorney had planned to speak publicly was canceled, with the attorney citing death threats. The plaintiff again voluntarily dismissed the lawsuit in November 2016, citing fear for her safety. No criminal charges were ever brought based on these specific allegations.
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66
More than 80 individual plaintiffs — residents and property owners in communities surrounding SpaceX's Starbase launch facility in Cameron County, Texas — filed a class action complaint in the Southern District of Texas (Brownsville Division) on April 30, 2026, against Space Exploration Technologies Corp. (SpaceX). Judge Rolando Olvera is assigned. The plaintiffs allege that SpaceX's Starship and Super Heavy rocket operations at Starbase generate extraordinary acoustic energy — including noise, vibrations, and sonic booms — that has repeatedly and severely damaged their homes and properties.
The complaint describes eleven fully integrated Starship/Super Heavy test flights between April 2023 and October 2025, plus six earlier non-full-stack test flights and multiple static engine tests, each generating over 16 million pounds of thrust. Plaintiffs allege their homes, located in the surrounding Cameron County communities, have sustained repeated structural damage from the resulting acoustic events, which they describe as unprecedented in power.
The plaintiffs seek jury trial and bring claims for property damage arising from SpaceX's operations. The case was filed on April 30, 2026, with initial procedural orders entered in June 2026.
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Claudia Gayle filed this class action in November 2007 in the Eastern District of New York against Harry's Nurses Registry, Inc. and its owner Harry Dorvilier, on behalf of herself and other nurses and home health aides who had been placed by the registry. The plaintiffs alleged that Harry's Nurses Registry had systematically violated the Fair Labor Standards Act and New York Labor Law by failing to pay overtime wages, misclassifying workers, and making unlawful deductions from wages earned by workers providing in-home patient care.
After years of litigation the court entered judgment in favor of the plaintiffs in September 2012, awarding $619,071.76 in damages to the named plaintiffs and class members. A supplemental judgment was entered in October 2013 following further proceedings before Magistrate Judge Marilyn D. Go, whose Report and Recommendation was adopted in full by Judge Nicholas G. Garaufis. Post-judgment proceedings addressing remaining class members' claims and enforcement continued for years afterward, with the most recent docket activity appearing in September 2024, suggesting ongoing collection or distribution efforts nearly seventeen years after the case was filed.
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A woman proceeding under the pseudonym Jane Doe filed this lawsuit in June 2016 in the Southern District of New York against Donald J. Trump and Jeffrey Epstein, alleging that she had been sexually assaulted by both men at a series of parties hosted by Epstein at his Manhattan townhouse in 1994, when the plaintiff was 13 years old. The complaint alleged rape, sexual misconduct, criminal sexual acts, sexual abuse, forcible touching, assault, battery, intentional infliction of emotional distress, false imprisonment, and defamation. It described a pattern of abuse over multiple encounters that the plaintiff alleged was facilitated by an unnamed woman who recruited her with promises of money and modeling work.
The case attracted significant media attention given the identities of the defendants and the gravity of the allegations. A companion affidavit filed with the complaint included similar allegations from a second anonymous woman who claimed to have witnessed some of the events. The plaintiff voluntarily dismissed the case in November 2016, with her attorney citing fear for her safety and the psychological toll of the publicity as the reasons for withdrawal. The dismissal was without prejudice, leaving open the possibility of refiling, though no subsequent federal action was recorded.
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84
A San Francisco man unfortunate enough to share the name of the 2012 Aurora, Colorado movie theater shooter was senselessly beaten by the San Francisco Police Department in California shortly after the shooting took place in Colorado. He is suing the San Francisco Police Department. The case received notoriety after an another man was similarly beaten and then put into solitary confinement by the San Francisco police, and linked to Holmes's docket in his blog.
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87
Twitter, Inc. filed this lawsuit in July 2022 in the Delaware Court of Chancery after Elon Musk attempted to back out of his agreement to acquire the company for approximately $44 billion — $54.20 per share. Musk had signed a merger agreement in April 2022 and then, less than three months later, purported to terminate the deal, citing what he claimed were material misrepresentations by Twitter about the number of spam and bot accounts on its platform. Twitter sought specific performance — a court order compelling Musk to complete the acquisition at the agreed price — rather than money damages.
Chancellor Kathaleen St. Jude McCormick agreed to expedite the case to an October 2022 trial date, a timeline Musk vigorously resisted. The litigation moved rapidly through discovery, during which Musk sought extensive information about Twitter's bot-counting methodology and Twitter sought sanctions against Musk for alleged discovery misconduct. A whistleblower complaint from a former Twitter security executive, Peiter Zatko, injected additional complexity into the proceedings by raising questions about Twitter's internal security practices.
With trial imminent and the litigation going poorly for Musk, he reversed course in October 2022 and agreed to proceed with the original deal on its original terms. The parties jointly sought a stay of the litigation, and the case was voluntarily dismissed after the acquisition closed. Musk took Twitter private, subsequently rebranding the company and its platform as X. Several related proceedings, including a petition by PlainSite founder Aaron Greenspan seeking public access to sealed court materials, were also part of the docket.
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92
Stating that he was "out for blood," Elon Musk filed a frivolous lawsuit against PlainSite owner Aaron Greenspan and his company, Think Computer Corporation, which runs PlainSite. Though it was filed in February 2023, it was not served until April. On May 1, Musk dismissed the lawsuit voluntarily. Two days later, Greenspan filed a cross-complaint (known as a counter-suit in other states) against Musk, his attorneys, Tesla, Inc., and Omar Qazi, alleging that Musk and his associates had attempted to use the courts to libel him in a malicious prosecution. Even though Musk and his attorneys were on notice of the lawsuit—they filed it—and corresponded by e-mail about it, they refused to respond to the cross-complaint. The case is ongoing.
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95
Gary Brustein was charged by misdemeanor information in October 2010 in the Southern District of New York with one count of unlawful possession of a controlled substance. The information alleged that Brustein, acting in the course of his professional practice, possessed a quantity of methaqualone — a sedative hypnotic drug commonly known as Quaaludes — without a valid prescription or other legal authorization. The charge was brought as a misdemeanor under the Controlled Substances Act rather than a felony, suggesting Brustein's possession was treated as an unlawful personal possession rather than distribution. The case was prosecuted in an era when methaqualone had been effectively eliminated from the legal pharmaceutical market in the United States for decades.
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100
Think Computer Corporation, creator of the FaceCash mobile payment system, is suing its competitors in the payments space and their venture capital investors over their intentional failure to properly comply with federal and state laws concerning money transmission licenses.
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The nature-of-suit codes the federal courts assign when a case is filed. Choose one for every case PlainSite has under it. Federal district courts
100Contract
102Contract
104Contract
110Contract - Insurance
111 Miscellaneous
112Contract - Sale (CDA)
114Contract - Service (CDA)
116Contract - Supply (CDA)
118Contract - Other (CDA)
120Contract: Marine
122Contract - Bid Preparation Costs
128Contract - Subsidy
130Contract - Surety
134Contract - Other
136Contract - Other - Wunderlich
138Contract - (Pre Award) Injunctions
140Contract - Injunction (Post Award)
150Contract: Recovery of Overpayment & Enforcement of Judgment
151Contract: Medicare Act
152Contract: Defaulted Student Loan
153Contract: Recovery Veteran Ben.
160Contract: Stockholders' Suits
190Contract: Other Contract Actions
195Contract Product Liability
196Contract: Franchise
200Tax - Allowance of Interest
202Tax - Declaratory Judgment 28:1507
204Tax - Estate
206Tax - Excise
208Tax - Gift
210Real Property: Land Condemnation
212Tax - Income Individual
214Tax - Informer's Fees
220Foreclosure (Diversity)
224Tax -100% Penalty-26:6672- Withhold.
226Tax - Other
230Real Property: Rent Lease & Ejectment
240Real Property: Torts to Land
245Real Property: Tort Product Liability
290Real Property: Other
300Civilian Pay - Back Pay
302Civilian Pay - COLA
304Civilian Pay - FLSA
306Civilian Pay - Overtime Compensation
310Personal Injury: Airplane
312Civilian Pay - Other
315Personal Injury: Airplane Product Liability
320Personal Injury: Assault Libel & Slander
330Personal Injury: Federal Employer's Liability
340Personal Injury: Marine
344Military Pay - Correct Records
345Marine Product Liability
346Military Pay - Correct/Reinstate
348Military Pay - Reinstatement
350Motor Vehicle Personal Injury
352Military Pay - Retirement
354Military Pay - SBP
355Personal Injury: Motor Vehicle Product Liability
356Military Pay - Other
360Personal Injury: Other
362Personal Injury: Medical Malpractice
365Personal Injury: Product Liability
367Health Care/Pharmaceutical Personal Injury Product Liability
368Personal Injury: Asbestos Personal Injury Product Liability
370Fraud or Truth-In-Lending
371Personal Property: Truth in Lending
375Other Statutes: False Claims Act
376Qui Tam (31 U.S.C. § 3729(a))
380Personal Property: Other Personal Property Damage
385Personal Property: Property Damage Product Liability
400State Reapportionment
410Anti-Trust
422Bankruptcy Appeals, Rule 28 U.S.C. § 158
423Bankruptcy Withdrawal, Rule 28 U.S.C. § 157
424(Obj/Revocation Discharge 727
430Banks and Banking
434Injunctive Relief
435Validity/Priority/Extent Lien
440Civil Rights: Other
441Civil Rights: Voting
442Civil Rights: Employment
443Civil Rights: Housing/Accommodations
444Civil Rights: Welfare
445Civil Rights: Americans with Disabilities - Employment
446Civil Rights: Americans with Disabilities Act - Other
448Civil Rights: Education
450Commerce ICC Rates Etc.
454Recover Money/Property
455Revoke Plan Confirmation
456Declaratory Judgment
457Subordinate Claim/Interest
458Injury - DTP/DPT
460Deportation
462Naturalization Application
463Habeas Corpus - Alien Detainees
464Injury - Polio inactive
465Immigration: Other Immigration Actions
467Injury - Tetanus & Diptheria
469Injury - Other
470Civil (RICO) Racketeer/Corrupt Organization
472Death - DTP/DPT
480Consumer Credit
483Death - Other
484Injury - Hepatitis B
485Injury - Hemophilus influenzae
486Injury - Varicella
490Cable/Satellite TV
492Injury - Thimerosal
494Injury - Influenza
496Injury - Meningococcal
498Other Action
499Death - Human Papillomavirus
500Common Carrier - Transportation
502Copyright
504Native American
508Patent
510Taking - Personalty
511Taking - FIRREA
512Taking - Realty
513Taking - Rails to Trails
514Taking - Other
515Unjust Conviction and Imprisonment
516Miscellaneous - Damages
528Miscellaneous - Other
530Prisoner: Habeas Corpus
535Death Penalty - Habeas Corpus
536Spent Nuclear Fuel
540Prisoner Petitions: Mandamus and Other
550Prisoner Petitions: Civil Rights
555Civil Rights (Prison Condition)
560Prisoner Petitions: Civil Detainee: Conditions of Confinement
610Forfeit/Penalty: Agriculture
620Forfeit/Penalty: Food and Drug
625Drug Related Seizure of Property
630Miscellanous
650Forfeit/Penalty: Airline Regs.
660Forfeit/Penalty: Occup. Safety
690Forfeiture/Penalty: Other
710Labor: Fair Labor Standards Act
720Labor: Labor/Management Relations
730Labor: Reporting/Disclosure
740Labor: Railway Labor Act
751Labor: Family and Medical Leave Act
790Labor: Other
791Labor: Employee Retirement Income Security Act (ERISA)
810Selective Service
820Property Rights: Copyright
830Property Rights: Patent
840Property Rights: Trademark
850Other Statutes: Securities/Commodities/Exchange
861Social Security: HIA
862Social Security: Black Lung
863D.I.W.C./D.I.W.W. (US Defendant)
864Social Security: SSID Title XVI
865Social Security: RSI Tax Suits
870Federal Tax Suits: Taxes (US Plaintiff or Defendant)
871Federal Tax Suits: IRS-Third Party
875Taxes: Customer Challenge
890Other Statutes: Other Statutory Actions
891Agriculture Acts
892Economic Stabilization Act
893Environmental Matters
894Energy Allocation Act
895Freedom of Information Act
896Other Statutes: Arbitration
899Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
900Appeal of Fee Determination
908Miscellaneous Case - Other
950Other Statutes: Constitutionality of State Statutes
990Other
999Miscellaneous Cases
Federal appellate courts
1152Contract: Recovery of Student Loan Defaults
1190Contract: Other Contract Action
1220Foreclosure
1240Torts to Land
1290Real Property - Other
1370Other Fraud
1371Truth in Lending
1380Other Personal Property Damage
1410Antitrust
1422Bankruptcy Appeals Rule 28 - USC 158
1440Other Civil Rights
1441Civil Rights: Voting
1442Civil Rights: Jobs
1443Civil Rights: Accommodations
1445Americans with Disabilities Act - Employment
1446Americans w/Disabilities Act - Other
1465Other Immigration Actions
1470Civil (RICO)
1625Forfeiture - Drug Related
1690Forfeiture - Other
1720Labor Laws - Labor/Mgmt Relation
1791Labor Laws - Retirement Act 1974
1850Securities Commodities Exchange
1870Tax Suits
1890Other Statutory Actions
1891Agricultural Acts
1893Environmental Matters
2110Insurance
2151Contract: Medicare Act Overpay
2152Recvry of Defaulted Student Loans
2190Contract: Other Contract Action
2210Condemnation
2220Real Property: Foreclosure
2240Real Property: Torts to Land
2290Real Property: Other
2320Assault Libel and Slander
2330Personal Injury: Federal Employers Liability
2340Marine Personal Injury
2350TORTS INJURY: Motor Vehicle
2360Personal Injury: Other Personal
2362Personal Injury: Medical Malpractice
2370Personal Property: Fraud
2371Truth in Lending
2380Personal Property: Other
2410Antitrust
2422Bankruptcy Appeals Rule 28 USC 158
2423Withdrawal
2430Banks and Banking
2440Civil Rights: Other
2441Civil Rights Voting
2442Civil Rights: Jobs
2443Civil Rights: Accomodations
2445Americans w/Disabilities Act-Empl
2446Americans w/Disabilities Act-Othr
2460Deportation
2462Naturalization Application
2463Habeas Corpus - Alien Detainees
2465Other Immigration Actions
2480Consumer Credit
2510Prisoner Petitions -Vacate Sentence
2530Habeas Corpus (Prisoner Petition)
2535Habeas Corpus: Death Penalty
2540Prisoner Petitions-Mandamus/Other
2550Prisoner - Civil Rights
2555Prison Conditions
2560Civ Detainee - Cond of Confinement
2625Drug Related Seizure of Property
2690Other Forfeiture and Penalty Suits
2710Fair Labor Standards Act
2720Labor/Management Relations
2790Other Labor Litigation
2791Employee Retirement
2830Patent
2850Securities Commodities Exchange
2860Social Security
2861Medicare
2862Social Security: Black Lung
2863DIWC / DIWW (Social Security)
2864SSID Title XVI (Social Security)
2865R.S.I.
2870Taxes (U.S. Plaintiff or Defendant)
2871IRS Third Party Suits (TAX DC)
2890Other Statutory Actions
2891Agricultural Acts
2893Environmental Matters
2895Freedom of Information Act
2899Adminstrative Review Act
2950Constitutionality of State Statutes
2990Other
3110Contract: Insurance
3120Contract: Marine
3130Contract: Miller Act
3140Contract: Negotiable Instrument
3150Overpayments & Enforcement of Judgments
3151Overpayments Under the Medicare Act
3160Contract: Stockholder Suits
3190Contract: Other
3196Franchise
3210Land Condemnation
3220Real Property: Foreclosure
3230Real Property: Rent Lease Ejectment
3240Real Property: Torts to Land
3290Real Property: Other
3310Airplane Personal Injury
3315Airplane Product Liability
3320Assault Libel and Slander
3330Federal Employers Liability
3340Personal Injury: Marine
3350Personal Injury: Motor Vehicle
3355Motor Vehicle Product Liability
3360Personal Injury: Other
3362Personal Injury: Medical Malpractice
3365Personal Injury: Product Liability
3367Torts
3368Personal Injury: Asbestos Prod Lia
3370Personal Property: Fraud
3371TORTS-Truth in Lending
3375Other Statutes: False Claims Act
3380TORTS PERSONAL PROPERTY-Other
3385Property Damage: Product Liability
3400STATUTES-State Reapportionment
3410Antitrust
3422Bankruptcy Appeals Rule 28 USC 158
3423Bankruptcy Withdrawal 28 USC 157
3430STATUTES-Banks & Banking
3440Civil Rights: Other
3441Civil Rights: Voting
3442Civil Rights: Jobs
3443Civil Rights: Accommodations
3444Civil Rights Welfare
3445Americans with Disabilities Act - Employment
3446Americans with Disabilities Act - Other
3448Civil Rights
3450Interstate Commerce
3470Racketeer Influenced & Corrupt Organizations (RICO)
3480Consumer Credit
3490Cable/Satellite TV
3530Prisoner: Habeas Corpus
3535Habeas Corpus - Death Penalty
3540Prisoner Petitions-Mandamus/Other
3550Prisoner: Civil Rights
3555Prisoner Petitions - Prison Condition
3560Prisoner Petitions
3710Labor: Fair Standards
3720Labor/Management Relations Act
3730Labor: Reporting/Disclosure
3740Labor: Railway Labor Act
3750Labor
3751Labor: Family and Medical Leave Act
3790Labor: Other
3791Employee Retirement (ERISA)
3820Property Rights: Copyright
3830Property Rights: Patent
3840Property Rights: Trademark
3850Securities Commodities Exchange
3864SOC SEC-SSID Title XVI
3890Statutes: Other
3891Statutes: Agricultural Acts
3892Economic Stabilization Act
3893Environmental Matters
3895Statutes: FOIA 1974
3896Other Statutes
3899Other Statutes
3950Constitutionality of State Statutes
3990Other
3999Miscellaneous
4110Contract: Insurance
4120Marine Contract Actions
4140Contract: Negotiable Instruments
4150Contract: Overpayment Recovery
4160Contract: Stockholders Suits
4190Contract: Other
4195Contract: Product Liability
4196Franchise
4220Real Property: Foreclosure
4230Rent Lease Ejectment
4240Torts to Land
4245Tort: Personal Liability
4290Real Property: Other
4310Personal Injury: Airplane
4315Airplane Product Liability
4320Personal Injury: Assault Libel & Slander
4340Marine Personal Injury
4345Marine Product Liability
4350Personal Injury: Motor Vehicle
4355Motor Vehicle Product Liability
4360Personal Injury: Other Personal
4362Personal Injury: Medical Malpractice
4365Personal Injury: Product Liability
4367Torts
4368Personal Injury: Asbestos
4370Personal Property: Fraud
4371Truth in Lending
4380Personal Property: Other
4385Property Damage-Product Liability
4440Civil Rights-Other
4442Civil Rights Jobs
4443Civil Rights Accommodations
4470STATUTES-RICO
4480Consumer Credit
4790Other Labor Litigation
4890Other Statuatory Actions
4896Other Statutes
4950Constitutionality of State Statutes
5362Medical Malpractice
5870STATUTES-Tax Suits
9992MISC case matters requiring a judicial signature ie: letters rogatory jdgm dbtr exam
9993MISC case matters not requiring a judicial signature ie: out-of-district ntc of takg depo
Cases by the year they were filed, back to the first federal dockets of the 1790s. 2020s
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1840s
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All reporters › cal-app-lexis › Volume 1959 Opinions in cal-app-lexis, volume 1959
Plaintiff is an “innocent bystander” hit by the bullet of a licensed private patrolman, who had fired into the air and over the head of a fleeing suspect who had emerged on the run at 2 a.m.… Skipitar v. Munro Page 1288 This is an appeal from a judgment denying a peremptory writ of mandate and ordering that the alternative writ theretofore issued be vacated, annulled, and set aside.… Davis v. Superior Court Page 1289 We propose to support in more detail infra the following conclusions as to Davis’s petition for writ of prohibition to restrain the superior court from proceeding further upon the indictment returned against him.… Longstreth v. Superior Court Page 1290 The petition of Longstreth for writ of prohibition to restrain the superior court from proceeding further upon the indictment returned against him raises the same factual matters and issues as have been previously discussed in the decision in Davis v. Superior Court, No. 18759, ante, p.… Novak v. Peira Page 1291 Appellant-plaintiff, a pedestrian, was struck by a pickup truck owned by respondent-defendant Peira and driven by respondent-defendant Stoia.… People v. Ford Page 1292 Defendant appeals from a conviction of unauthorized possession of a drug within a prison.… Beckwith v. County of Stanislaus Page 1293 175 Cal. App. 2d 40 (1959) RALPH BECKWITH, Respondent, v. COUNTY OF STANISLAUS et al., Appellants.… Vladu v. State of California Page 1294 This is an appeal from an order dismissing a proceeding brought by appellants to recover es-cheated funds.… People v. Beccera Page 1295 175 Cal. App. 2d 53 (1959) THE PEOPLE, Respondent, v. JOSE GUERRERO BECCERA, Appellant.… People v. Rodriguez Page 1296 Defendant appeals from judgment of conviction entered upon a jury verdict of guilty of possession of marijuana.… Cowin v. Lindsay Page 1297 The present action was instituted by Ella Bertha Cowin, surviving wife, and Carol Cowin, a daughter of James Albert Cowin, against Dr. James E.… Wiedemann v. West Coast Electronics Co. Page 1298 Action for damages against Belle Schwartz Pox and West Coast Electronics Company.… People v. Bateman Page 1299 By information defendant was charged in two counts with grand theft.… People v. Moore Page 1300 In a jury trial, Verda Marie Moore was found guilty of three offenses of issuing checks without sufficient funds.… Paul Bunyan News v. Shanks Page 1301 We have here two appeals from judgments entered in two proceedings, each of which had for its object the establishment of The Paul Bunyan News as a *81newspaper of general circulation.… ■— Petitioner-employer, the city of Palo Alto, seeks by its petition for a writ of review to have annulled, vacated and set aside a decision of the respondent, Industrial Accident Commission, awarding respondent-employee, Cedric W.… Gross v. Gross Page 1303 The writ is sought to stay the enforcement of an interlocutory decree of divorce.… People v. Hubbard Page 1304 Defendant was convicted of a violation of section 702 of the Welfare and Institutions Code following a jury trial.… People v. Dailey Page 1305 Defendant appeals from conviction by the court, jury trial having been waived, of violation of section 217, Penal Code (assault with intent to commit murder).… People v. Ford Page 1306 175 Cal. App. 2d 109 (1959) 345 P.2d 573 THE PEOPLE, Respondent, v. MARVIN CHARLES EDWARD FORD, Appellant.… Pioneer Title Insurance v. Guttman Page 1307 Plaintiff and respondent Pioneer Title Insurance Company (hereinafter referred to as Title Company) brought this action against defendants and appellants Max Guttman and wife to recover $2,644.27 on account of money expended and advanced for and on behalf of defendants.… People v. Stevens Page 1308 Defendant was tried and convicted of five counts of felony; one of grand theft (Pen.… Gobar v. Gobar Page 1309 This is an appeal from an order modifying a custody decree by transferring custody of a 3-year-old male child from his mother to his father.… Lavine v. Jessup Page 1310 This is an appeal from orders which (1) denied plaintiff’s motion to strike defendants’ cost bill on appeal and (2) disallowed “counter-costs” on appeal incurred by plaintiff.… Lutz v. Schendel Page 1311 175 Cal. App. 2d 140 (1959) ROSEMARIE LUTZ et al., Appellants, v. HENRY C.… Maynard v. Walker Page 1312 Plaintiff appeals from a judgment upon jury verdict for defendant in this personal injury action.… 175 Cal. App. 2d 149 (1959) FIDELITY FEDERAL SAVINGS AND LOAN ASSOCIATION OF GLENDALE (a Corporation), Respondent, v. CARL LONG, Appellant.… State Personnel Board v. Superior Court Page 1314 This is a petition by the State Personnel Board, hereinafter referred to as the “board,” to prohibit the respondent superior court from proceeding in the trial of the ease of California State Employees’ Association, hereinafter referred to as the “association,” and George A.… Miles California Co. v. Hawkins Page 1315 On April 1, 1959, appellants were adjudged in contempt for violation of a permanent injunction.… Alvarado v. Anderson Page 1316 Action for damages arising out of the use of a diving apparatus.… People v. Watkins Page 1317 175 Cal. App. 2d 182 (1959) THE PEOPLE, Respondent, v. JESS F.… Brickell v. Wittmar Page 1318 In this action both of the plaintiffs appeal from a judgment entered against them upon a defense verdict in a personal injury action, but upon request of counsel for appellants the appeal has been dismissed as to the plaintiff-appellant Percy Ball, as business representative of Construction and General Laborers Union… Plaintiffs brought this action to quiet the title of the public and the county of San Diego in and to an easement for a public street or highway across La Vista Cemetery, and to enjoin defendants from interfering with the use of said highway by the public.… Plaintiff and respondent, State of California, acting by and through the Public Works Board (hereinafter referred to as “State”), brought this action on April 21, 1958, for condemnation, in fee simple, against owners of and claimants to 12 parcels of real property located in the city of San Diego, for the purpose of… Polos v. Superior Court Page 1321 Petitioner was accused by informa tion of the crime of burglary.… Diamond v. Huenergardt Page 1322 Plaintiff brought this action to recover from defendant a real estate broker’s commission.… Hayden v. Security Homes Estate Page 1323 This appeal represents the latest chapter in a long legal struggle between two opposing groups of the members of Security Homes Estate, hereinafter referred to as Security Homes, a cooperative corporation.… People v. Warren Page 1324 James Warren was found guilty by a jury of violating section 503 of the Vehicle Code.… McKay v. County of Riverside Page 1325 Plaintiffs and appellants, being the surviving children and heirs at law of William Howard McKay, Sr., and his wife, bring action for damages for their death.… People v. One 1956 Porsche Convertible Page 1326 Respondent, People of the State of California, acting through the attorney general, filed with the count)' clerk on March 18, 1958, a notice under sections 11612, 11613, Health and Safety Code, to Richard S.… Miller v. St. Andre Page 1327 Clara B. Miller appeals from an adverse judgment in an action brought by her to set aside a sale of real property on the ground of fraudulent misrepresentation by the buyers, John G.… This is an appeal from a money judgment in an action for breach of contract.… —The petitioner and appellant brings this proceeding for a writ of mandate to compel the city of Anaheim and its city council to issue an order granting a zone variance in regard to property owned by petitioner.… People v. Evans Page 1330 175 Cal. App. 2d 274 (1959) THE PEOPLE, Appellant, v. JOHNNIE EDWARD EVANS, Respondent.… Minor v. Minor Page 1331 Defendant appeals from an order refusing to dissolve an attachment.… Phillips v. Jackson Page 1333 This is an appeal from the decree of distribution of the personal property of the estate of Steve E.… People v. Johnson Page 1334 This is an appeal from an order denying a petition for writ of error coram nobis.… People v. Shephard Page 1336 From a judgment of guilty of a violation of section 11500, Health and Safety Code (selling, furnishing and giving away heroin), after trial before the court without a jury, defendant appeals.… People v. Montez Page 1337 This is an appeal from a judgment wherein the defendant was found guilty of a violation of section 506, subdivision a, Vehicle Code (driving a vehicle while addicted to or under the influence of narcotics) and wherein it was found that he had previously been convicted of and had served a term in prison for attempted… People v. Doyle Page 1338 This is an appeal from a judgment wherein the ■ defendant was convicted of contributing to the delinquency of a minor, a lesser but included offense contained in the information.… Myers v. Gager Page 1339 Appeal by plaintiff from an adverse judg ment in an action for alleged breach of contract and for declaratory relief.… Eisenberg v. Greene Page 1340 Plaintiffs appeal from a judgment of dismissal based upon an order sustaining a demurrer to the amended complaint and upon the failure of plaintiffs to amend within the time allowed for amending.… Griffith v. City of Los Angeles Page 1341 Appeal by plaintiff from an adverse judg ment in a suit for an injunction to restrain defendants from further acts in connection with a project designated Toyon Canyon Park Reclamation in Griffith Park, Los Angeles, and for declaratory relief.… People v. Bucher Page 1342 The State appeals from an order granting the defendant’s motion to dismiss the information, under section 995 of the Penal Code, on the specific grounds of failure of the People to comply with section 861 of the Penal Code.… People v. Norman Page 1343 Appellant was charged by indictment with the murder of one Martin Avila.… Schneider v. Zoeller Page 1344 William A. Zoeller, a defendant in the within action and prior to its institution, sued appellant herein for the recovery of $8,500 on March 12, 1951, at which time a writ of attachment was issued; the Pacific Indemnity Company, respondent herein, executed and filed an undertaking in the amount of $2,500 and… People v. Davis Page 1345 —Defendant George Wiley Davis was charged with the crime of burglary.… Brisacher v. Brisacher Page 1346 This is a petition by appellant to recall the remittitur previously issued in this cause for the purpose of awarding costs on appeal to appellant.… People v. Duncan Page 1347 The trial court sitting without a jury adjudged defendant guilty of two counts of selling heroin in violation of section 11500, Health and Safety Code, as charged in an indictment, and found a prior misdemeanor conviction alleged therein to be true.… People v. Bass Page 1348 This is an appeal from a judgment of conviction and “the denial of probation” in a case involving a violation of the provisions of section 118 (perjury).… People v. King Page 1349 The appellant was charged in an information in Los Angeles County with having marijuana in his possession.… People v. Piccionelli Page 1350 Defendant appeals from a conviction of violation of Penal Code, § 288, 1 lewd and lascivious conduct *393 toward a child under the age of 14 years.… People v. Smith Page 1351 Defendant appeals from a conviction of selling heroin (Health & Saf.… People v. Reed Page 1352 Defendant appeals from a conviction of robbery in the first degree (Pen.… This is an appeal by Al Tahoe Invest ment Company and Frank C.… Williams v. Dougan Page 1354 This action was commenced in 1947. Plaintiff sought to recover $19,844.50 for services rendered between March, 1944, and September, 1947, in the care and feeding of horses and dogs alleged to have been at the instance and request of defendant.… Nadell & Co. v. Grasso Page 1355 Plaintiff company, a Los Angeles concern in the business of purchasing goods damaged in transit, was granted a permanent injunction against the sale and distribution by defendant Boss of several hundred cases of refrigerated fruit salad except as specified in plaintiff’s agreement with the vendor-carrier.… Plaintiff, referred to herein as Bellwood, seeks (1) to rescind a building contract that it had entered into with defendant, referred to herein as Empire, and (2) to recover its initial payment under said contract.… International Investment Co. v. Chagnon Page 1357 Plaintiffs appeal from an order denying a motion for a change of venue.… Covington v. Clark Page 1358 This is an appeal from a judgment following submission upon a stipulation as to facts and issues.… Andrews v. City of San Bernardino Page 1359 This is an action by which appellant seeks a writ of mandamus to compel the mayor and Common Council of the City of San Bernardino (hereinafter referred to as Council) to set aside Resolution Number 2361 adopted June 23, 1952, declaring a need for a redevelopment agency and also seeking to compel said Council to set… Andrews v. City of San Bernardino Page 1360 This is an action wherein petitioner seeks in the first count of her petition a judicial review of the proceedings of the Mayor and Common Council of the City of San Bernardino (hereinafter called Council), and of the proceedings of the Redevelopment Agency of the City of San Bernardino (hereinafter called Agency), as… Estate of Dillehunt Page 1361 The deceased, Lallah 7¡. Dillehunt, died in 1957, leaving a will executed October 31, 1950.… Defendant appeals from an adverse judgment in an action for declaratory relief and injunction.… People v. Napolitano Page 1363 The district attorney of Los Angeles County filed an information in two counts charging, in Count I, that Frank Napolitano and Donald Frank Harris, the appellant *478herein, committed the crime of robbery (Pen.… Green v. MacAdam Page 1364 The plaintiff brought this action to quiet title to 320 acres of real estate in San Bernardino County.… The appellant, petitioner and licensee, here appeals from an order and judgment of the superior court denying his petition for a writ of mandate annulling the decision of the Department of Alcoholic Beverage Control revoking his on-sale general license.… Katleman v. Katleman Page 1366 On motion of defendant the action was dismissed, pursuant to section 583 of the Code of Civil Procedure, on the ground that the action had not been brought to trial within five years after it was filed.… Wilson v. Beville Page 1367 This is an action to quiet title to real property and for ejectment.… Ray v. Valdez Page 1368 Plaintiff, a judgment creditor of defendants, sought a judgment that a declaration of homestead, made by defendants, is void.… People v. Todd Page 1369 This is an appeal from a judgment of conviction (order granting probation) and from an order denying a motion for a new trial in a case involving a violation of the provisions of section 274 Penal Code (abortion).… Kraut v. Cornell Page 1370 Plaintiff was injured in an automobile collision.… Schofield v. Bany Page 1371 This is an appeal from an order denying an injunction pendente lite in an action brought by appellants to enjoin an alleged trespass by the respondents.… In Re Batey Page 1372 Petitioner, Hillary Ronald Batey, seeks a writ of supersedeas to stay the enforcement of an order of the juvenile court of Merced County, which declared him to be a ward of the court and which also ordered that he be detained in the juvenile hall of Merced County for a period of 10 days and suspended his driver’s… People v. Fabela Page 1373 By information the defendant was charged with a violation of section 11500 of the Health and Safety Code and with two prior felony convictions involving violations of the same section.… Thomas v. Doorley Page 1374 — The plaintiff and respondent brought action for damages, including punitive damages, against the defendants for assault and battery.… People v. Roy Page 1375 Appellant was charged with a violation of section 459 of the Penal Code (burglary) in that on or about *552 October 26, 1958, he did wilfully and unlawfully enter a dwelling house in Riverside County with the intent to commit theft.… People v. Hicks Page 1376 After trial without jury defendant was found guilty of burglary in the second degree.… Slack v. Murray Page 1377 This is an appeal from an order denying a motion to vacate a judgment which was entered in favor *560 of the respondent, Isabel Murray, as administratrix of the estate of Daniel Joseph Flanigan, after the trial court ordered appellant’s action dismissed when he and his attorney failed to appear in court at the time… Hays v. Clark Page 1378 This action was commenced in January, 1957.… Bate v. Marsteller Page 1379 Appellants have appealed from a judgment in favor of respondents in an action brought to recover damages for alleged fraud in a real estate transaction.… Rose v. Rose Page 1380 Plaintiff and cross-defendant Iva Lee Rose appeals from those portions of a judgment granting her a decree of divorce relating to the approval of a property settlement agreement and denying her support, and the award to her of only $50 attorney’s fees.… The petitioner seeks review and annulment of the findings and order of the respondent Industrial Accident Commission that the evidence failed to establish that he suffered an industrial injury on or about October 20, 1958, and that he take nothing by reason of his claim.… Glassell v. Prentiss Page 1382 This action arose out of an oral agreement entered into in November, 1954, between the plaintiff Glassell, as one party, the defendant Glen Ashurst, as *601 a second party, and the defendant partnership, Chartier, Laufer and Prentiss, which was engaged in the painting business, as a third party.… Kratz v. Weston Page 1383 The Superior Court in and for the City and County of San Francisco made a final decree of distribution and an order settling the final account in the above entitled estate.… People v. Dossett Page 1384 This is an appeal from a judgment entered upon a jury’s verdict which found appellant guilty of a violation of section 288 of the Penal Code.… MacOmber v. State Social Welfare Board Page 1385 This is an appeal from a judgment sustaining an order of the State Social Welfare Board discontinuing old age security payments to petitioner for a period of 10 months.… Davenport v. Waite Page 1386 This is an action for damages growing out of a collision of two motor vehicles in Rialto, in San Bernardino County, in December, 1956.… Rubenstein v. Ohrbach's Inc. Page 1387 Plaintiff brought this action seeking damages for personal injuries which she claimed were the proximate result of alleged negligent acts of one of defendant’s employees.… Petitioner sought a writ of mandate in the superior court ordering respondent county of Los Angeles to furnish aid to her as an indigent person.… Flanagan v. Flanagan Page 1389 Plaintiff husband, a member of the armed forces stationed at Camp Roberts, filed in the court below an action for divorce alleging his residence to be in the county of San Luis Obispo, praying for custody of the one child of the marriage and denying paternity of another born to defendant.… Lavine v. Davis Page 1390 Plaintiff Morris Lavine appeals from a judgment in favor of defendant Muriel Davis in an action in which plaintiff sought to recover attorney fees.… Coleman v. Twin Coast Newspaper, Inc. Page 1391 175 Cal. App. 2d 650 (1959) CARL W. COLEMAN et al., Appellants, v. TWIN COAST NEWSPAPER, INC.… This is an appeal from an order confirming an arbitrator’s award.… This is an appeal from a money judgment rendered in an action upon a rejected claim against an estate for services rendered, appellant being the executor of the will of the decedent.… This is an appeal from an order denying appellant’s motion for change of venue.… Estate of Taylor Page 1395 This is an appeal from a decree determining that all of the property owned by Jacob Earl Taylor when he died on June 30, 1957, vested in his stepdaughter, Pat Kelley, except for five specific bequests of $1.00 each to his three daughters, appellants herein, and to three stepdaughters, including Pat Kelley, respondent.… People v. Harris Page 1397 The defendant and appellant Dorothy Elliot appeals from a judgment of conviction of burglary in the first degree upon four counts.… George v. Matthews Page 1398 Plaintiff sued defendants for injuries following their alleged negligent treatment of him as a patient.… Novotny v. Wade Page 1399 Juanita S. Novotny and Paul G. Stolle appeal from an order appointing Phyllis D.… Wilson v. Sharp Page 1400 In the main action filed by appellant Wilson against respondent Sharp, Clifford N.… The administrator-with-will-annexed of the estate of Edna Winnie, deceased, filed a petition to determine heirship.… Carew v. Carew Page 1402 Interlocutory decree of divorce was granted to plaintiff wife.… People v. Traub Page 1403 Appellant Traub with others was convicted by a jury of conspiracy to violate Penal Code, section 266h (pimping), and section 240 of the San Francisco Police Code (prostitution).… Bisno v. Sax Page 1404 Action to enjoin trustee’s sale under trust deed and for declaratory relief.… Barendregt v. Downing Page 1405 Appellants brought this action for specific performance and damages because of respondent’s alleged refusal to perform a contract for the sale of real property.… DuBois v. Larke Page 1406 The judgment appealed from herein is as follows: “It Is Hereby Ordered, Adjudged and Decreed : 1.… Hersch v. Boston Insurance Page 1407 Plaintiff appeals from an order granting respondent M.… Aurandt v. Hire Page 1408 175 Cal.App.2d 758 (1959) RICHARD D. AURANDT, Appellant, v. DAVID HIRE et al., Respondents.… Morrison v. Home Savings & Loan Assn. Page 1409 Plaintiffs, owners of certain residential property, filed a suit for damages against respondent Home Savings and Loan Association of Los Angeles and referred to herein as defendant Association, Peter S.… People v. Williams Page 1410 We have concluded that the failure of the prosecution to reveal the name of an informer may not be taken advantage of by the defendant to escape the judgment that followed her conviction on a charge of illegal possession of heroin.… This appeal is taken by defendants from an order of the superior court dated August 7, 1958, and entitled “Supplemental Order Appointing Receiver of All Assets and Trust Funds.” Two questions are presented: (1) Did the superior court have the jurisdiction to appoint a receiver of all the assets of the defendant… In Re Estate of Putnam Page 1412 Appellant, as executrix, bases her appeal upon the failure of the superior court to make a determination, pursuant to her petition for instructions, that property inventoried in the estate was community property.… Ringer v. Municipal Court Page 1413 This is an appeal from a judgment denying a writ of prohibition to restrain the respondent court from trying appellant on a charge of a violation of section 502 of the Vehicle Code, a misdemeanor.… Jaffa v. Guttman Page 1414 This action arose out of an oral agreement between the parties to jointly purchase a ranch in Imperial Valley.… People v. Lepur Page 1415 Defendant appeals from a conviction of possession of a narcotic in violation of section 11500 of the Health and Safety Code after trial before a jury.… Carpenter v. Johnson Page 1416 Alice M. Smith died in Watsonville, Santa Cruz County, California, on June 12, 1958.… People v. Fowler Page 1417 Defendant in propria persona appeals from an order denying his petition for a writ of error coram nobis.… Ciriniconi v. Green Page 1418 This is an appeal from a money judgment in favor of respondents rendered by the court sitting without a jury in a personal injury action.… Sorensen v. Hutson Page 1419 Plaintiff and respondent Donna Mae Sorensen, a minor aged 17, by her guardian ad litem Hazel Mae Sorensen, brought this action against defendants Claudia Hill Hutson (operator of the Chris-Craft speed boat “Hill-A-Rill”) ; Hugh Hutson, Jr., her husband; Robert Lee Hill, her father; Mary Ellen Hill, her mother… People Ex Rel. Keller v. Superior Court Page 1420 In this petition the district attorney of San Diego County prays that this court issue an alternative writ of prohibition to Edgar B.… Action to condemn a strip of land and an adjacent easement for drainage.… Plaintiff is a member of Marine Engineers’ Beneficial Association Number 97, Inc., an incorporated labor union.… Shaw v. Colonial Room Page 1423 Appellant, Dorothy Shaw, brought an action to recover damages for personal injuries received' as the result of a fall in the restroom of the Colonial Room, a *847 tavern owned and operated by the respondents.… Caesar’s Restaurant and Ocean Accident and Guarantee Corp., Ltd., petitioners herein, seek by this writ of review to have annulled the findings and award of respondent, Industrial Accident Commission, by which applicant-respondent, Earl Johnson, was awarded continuing temporary disability indemnity.… People v. Price Page 1425 Defendant was convicted of the crime of robbery (Pen.… In re Newbern Page 1426 The petitioner in this case is the same individual with whom this court was concerned in a prior case.… In re Newbern Page 1427 This is a companion case to the one decided this same date and reported in this volume at page 862 [1 Cal.Rptr.… Jones v. Harmon Page 1428 This is an action in which the seven plaintiffs sought to establish an easement across defendant’s property for a pipeline by which irrigation water had been supplied to plaintiffs’ property for some 30 years before the commencement of the litigation.… Clary v. Hale Page 1429 175 Cal.App.2d 880 (1959) RAYMOND D. CLARY, Appellant, v. D.… Hayden v. Noell Page 1430 This action was brought to reform a deed by which plaintiff conveyed to defendant property lying in Section 36, Township 10 North, Range 9 East, Section 31, Township 10 North, Range 10 East, and Section 1, Township 9 North, Range 9 East.… Madden v. City of Stockton Page 1431 This is an appeal by petitioner from an order of the superior court denying his petition for a writ of mandate by which he sought to review the action of the defendant Civil Service Commission of the City of Stockton, upholding his discharge from his civil service position as sergeant of the Stockton Police Department.… Wilborn v. Superior Court Page 1432 This is a petition for a writ of mandate to compel the respondent court to dismiss an information charging petitioner, June Wilborn, with a violation of section 278 of the Penal Code (child stealing).… People v. Sciortino Page 1434 The defendant has appealed from a judgment of conviction of violation of section 515 Vehicle Code after trial by the court without a jury.… People v. Clinesmith Page 1435 Following his conviction of violation of Vehicle Code, section 502, with a prior conviction, defendant appeals from the judgment and from the order denying his motion for a new trial.… Brown v. Higbee Page 1436 Plaintiff appeals from a judgment denying damages in an action for personal injuries.… Lukrich v. Rodgers Page 1437 Defendants appeal from a judgment enjoining them from continuing to maintain or here*3after erecting or constructing any dike, barrier, or other obstruction on their lands designated as Lot 9, obstructing, concentrating, diverting or otherwise deflecting the natural flow of water from Salsipuedes Creek and watershed… An award of compensation for a carpenter’s loss of a finger in using his power saw at home after sustaining an industrial injury to his eye must be sustained if substantial evidence supports the commission’s finding that the injury to the eye proximately caused the loss of the finger.… Plaintiff appeals from an adverse judgment after trial by the court without a jury in an action for personal injuries sustained when his automobile collided with part of a freight train.… Mercado v. City of Pasadena Page 1440 The demurrer of defendant city of Pasadena to the first amended complaint was sustained without leave to amend, and judgment of dismissal was entered as to that defendant.… Kester v. Reynolds Page 1441 This is an appeal from a judgment in an action on a promissory note.… People v. Haines Page 1442 Defendant was charged with seven counts of the offense of violation of section 476a of the Penal Code, issuing checks without sufficient funds.… People v. Taylor Page 1443 Defendant was convicted of violating section 11500 of the Health and Safety Code, possession of heroin.… Epstein v. Stahl Page 1444 Appeal by plaintiff from a judgment entered on the sustaining of an amended demurrer to the first amended complaint without leave to amend in a suit for dissolution of an alleged joint venture and for an accounting.… Edward R. FitzSimmons, the real party in interest, appeals from an order issuing peremptory writs of prohibition and mandate ordering the clerk of the Municipal Court for the Oakland-Piedmont Judicial District to enter default in the action hereafter mentioned and the court to desist from further proceedings therein.… In Re Miller Page 1446 Petitioner seeks a writ of habeas corpus to obtain his release from Folsom State Prison upon the ground that he is being held there pursuant to an invalid judgment of conviction.… People v. Davis Page 1447 The defendant was charged with seven counts of issuing checks without sufficient funds *82 (Pen Code, § 476a).… Estate of Moulton v. Boyd Page 1448 176 Cal. App. 2d 87 (1959) Estate of EMMA CHASE MOULTON, Deceased.… People v. Hollis Page 1449 Appellant pleaded guilty to two counts of robbery in the second degree.… Poile v. Stockton Merchants Assn. Page 1450 The Credit Bureau of Stockton, a corporation, appeals from a judgment awarding the plaintiff $3,500, together with interest thereon at the rate of 7 per cent per annum, plus costs, upon a claim for damages for negligence on the part of the defendants in failing to prosecute a claim for the collection of a certain… McCombs v. Larson Page 1451 The petitioners and appellants brought this proceeding for a writ of mandate to compel the respondent Marvin Larson, as building inspector of the city of Rialto, to issue building permits pursuant to their applica *106 tions filed on the 5th of March, 1957.… Martin v. Smith Page 1453 Motion to dismiss appeal upon ground that the appeal has become moot.… Immerman v. Immerman Page 1454 The questions raised on appeal relate to the matter of the custody of the minor child of the parties, Margaret Lee Immerman, who was born on September 24, 1950.… Harris v. Union Ice Products Page 1456 176 Cal. App. 2d 132 (1959) SHERMAN HARRIS et al., Appellants, v. UNION ICE PRODUCTS et al., Respondents.… The petitioning corporation acquired a building site within the corporate limits of the city of Garden Grove, a municipal corporation of the sixth class.… A disciplinary action by the Department of Alcoholic Beverage Control, the affirmance of its decision by the Appeals Board, and the superior court’s denial of a writ of mandate to vacate the decisions of these two administrative bodies generate the three issues appellant presents: (1) failure of the department to… Muller v. Municipal Court Page 1459 Appellant, William Muller, appeals from an order denying his petition for a writ of certiorari by the superior court.… People v. Marino Page 1460 176 Cal. App. 2d 163 (1959) THE PEOPLE, Respondent, v. BERNARD JOSEPH MARINO, Appellant.… Sand v. Concrete Service Co. Page 1461 On August 25, 1953, the parties executed a written contract for the purchase and removal by defendants from a quarry property owned by plaintiffs of sand, gravel and other construction aggregates (hereafter called aggregates) at an agreed price of 15 cents per ton with a minimum agreed payment of $1,000 per month.… In May of 1955, plaintiffs as partners in a contracting business had a commercial account with defendant’s Buena Center Branch in the city of Ventura; checks on that account required the joint signatures of both partners.… Jones v. Brown Page 1463 Appeal from judgment of nonsuit in personal injury action.… Street v. Glorence Building Co. Page 1464 This is an action for damages for personal injuries sustained by plaintiff while operating a freight elevator in defendant Du Boef's building.… People v. Pierre Page 1465 Indicted for violation of section 11500, Health and Safety Code, in that he did “sell, furnish and give away a narcotic, to wit, heroin, ’ ’ defendant Pierre, who is also known as “Grey Eyes’’, was convicted by a jury “as *200 charged in the, indictment.” Represented by the public defender at the trial, he now appears… Kofl v. Dunn Page 1466 Plaintiff Mrs. Kofl and defendant David Dunn and his wife owned adjoining lots in Pomona.… Gold v. Maxwell Page 1467 Defendant Raksin appeals from a judgment for plaintiffs in an action on a promissory note dated January 1, 1956, for $3,000, payment of which Raksin guaranteed.… People v. One 1952 Mercury 2-Door Sedan Page 1468 Proceeding for a judgment decreeing that an automobile be forfeited to the state on the ground it had been used to facilitate the unlawful possession of a narcotic.… Allen v. Paradise Grange No. 490, Inc. Page 1469 This is an appeal by defendant above named from an order granting plaintiff’s motion for a new trial.… Neel v. San Antonio Community Hospital Page 1471 The plaintiff brought this action to recover damages for injuries received as a result of malpractice.… People v. Richardson Page 1472 Defendant appeals from a judgment entered upon a jury verdict finding him guilty of two offenses of assault with a deadly weapon in violation of Penal Code, section 245.… Taliaferro v. Bekin Realty Co. Page 1473 Plaintiff appeals from an order denying his motion to vacate a judgment.… Appeal defendants from a for plaintiff entered on a jury verdict in an action for damages for personal injuries.… Baron v. Held Page 1476 The defendant and respondent moved for a dismissal of the appeal.… People v. Jones Page 1478 Defendant appeals from judgment of conviction and order denying motion for a new trial after a jury verdict finding him guilty of violation of Penal Code, section 12021 (possession of a firearm capable of being concealed upon the person by one previously convicted of a felony).… People v. Garrow Page 1479 Defendant was charged with the crime of violating section 288 of the Penal Code and after trial by the court without a jury was found guilty as charged, having committed lewd and lascivious acts upon the body of a 9-year-old girl.… People v. Caruso Page 1480 Appellant Buckner and a number of other individuals were indicted on some 43 counts, charging forgery and grand theft, and conspiracy to commit forgery and grand theft in connection with sales of automobiles.… Bernstein v. Cunningham Page 1481 The present action was instituted by Bernstein against Cunningham and Rheingold Brewing Company seeking damages for injuries to plaintiff when the car which he was driving was struck in the rear by the car driven by Cunningham allegedly as the agent of Rheingold.… Glaze v. Visalia Improvement Ass'n Page 1482 This is a motion to dismiss an appeal on the ground that the notice of appeal was not filed within 60 days after entry of an order dismissing the action.… Duncan v. Garrett Page 1483 This is an action to vacate and set aside an order appointing a guardian on the ground that the original order was obtained by fraud.… Garrett v. Duncan Page 1484 This is an action by which the above-named plaintiff seeks to have it declared that defendant Carl Duncan is not her father, that she was not legitimated by the marriage of defendants, and that plaintiff is emancipated from the control of defendants because of abandonment.… —The plaintiff and respondent brought this action upon a life insurance policy issued by the defendant in the amount of $5,000, upon the life of her husband Earl P.… Kerwin v. County of San Mateo Page 1486 Plaintiffs appeal from a judgment in favor of Jefferson Elementary School District (hereinafter referred to as defendant) entered after order sustaining demurrer to first amended complaint without leave to amend.… Groom v. Holm Page 1487 Appelloant prosecutes this appeal from an adverse decision in which the court found any debt of respondents owing to appellant to be barred by the statute of limitations and held respondents not to be indebted to appellant within the last four years upon an “account stated in writing,” upon a “mutual, open and current… People v. Clark Page 1488 176 Cal. App. 2d 316 (1959) THE PEOPLE, Respondent, v. CARLISLE CLARK, Appellant.… Appellant here complains of an order denying his motion to strike a cost bill filed in the court below by respondent county of Los Angeles following our affirmance of a judgment in favor of the county from which appellant had taken an unsuccessful appeal.… People v. Castro Page 1490 176 Cal. App. 2d 325 (1959) 1 Cal. Rptr. 231 THE PEOPLE, Respondent, v. ROBERT JESUS CASTRO, Appellant.… People v. Harrison Page 1491 By information defendants were charged in count I with attempted robbery of Lewis Williams, in count II with attempted robbery of Elijah Jones, and in count III with the murder of Lewis Williams.… Kasey v. Molybdenum Corp. of America Page 1492 This is an action for declaratory relief respecting plaintiff’s alleged right to use certain roads and develop certain ore deposits in the Clark Mountain Mining District of San Bernardino County; for an injunction to prevent interference with such rights; and for the determina *348 tion of the title of the parties to… Molybdenum Corp. of America v. Kasey Page 1493 This is an action for declaratory relief wherein both parties seek clarification of a dispute over their rights in certain unpatented mining claims in the Clark Mountain Mining District of San Bernardino County.… Eck v. McMichael Page 1494 176 Cal. App. 2d 368 (1959) THORPE F. ECK, Appellant, v. JOHN J.… Smalley v. Smalley Page 1495 In August, 1954, the parties, being then husband and wife, entered into a property settlement agreement.… People v. Silver Page 1496 By indictment, appellant was accused of the crime of attempted murder (Pen.… Fallon v. American Trust Co. Page 1497 J.— This ease presents the sole issue of whether or not appellant’s second amended complaint states a cause of action.… People v. Franks Page 1498 Appellant was charged with a violation of Penal Code, section 288.… People v. Stanford Page 1499 Appellant Coleman was charged, in two counts, with violating section 11500 of the Health and Safety Code; count I, possession of heroin; count II, possession of cocaine.… People v. Cuthbertson Page 1500 A jury convicted defendant of having, on April 12,1958, issued a check for $15 drawn on Security Bank to Bernard Turk of Los Feliz Launderette knowing that he had not sufficient funds in, or credit with, the bank to meet the check in full on its presentation for payment, and of having been convicted of the same… People v. O'Neal Page 1501 The defendant appeals from a judgment following a verdict of the jury finding him guilty of possession and sale of marijuana in violation of section 11500 of the Health and Safety Code.… Larrick v. Gilloon Page 1502 This is an action for damages for false, defamatory and libelous statements published by the defendant containing accusations and insinuations of collusion, bad faith, fraud, misuse of public office, dishonesty, and falsifica *411 tion of minutes of a directors’ meeting of the Santa Fe Irrigation District in San Diego… McFarland v. New Zealand Insurance Page 1503 This action was brought by the plaintiffs to collect a judgment theretofore rendered against one Robert E.… Wadey v. Justice Court Page 1504 The petitioner George E. Wadey sought a writ of mandamus to compel the Justice Court of Upland Judicial District to return to petitioner the sum of $19, which he alleges was excessive bail required of him by the court.… Talizin v. Oak Creek Riding Club Page 1505 Plaintiff recovered a judgment in this action for personal injuries caused by his being struck and knocked down by a horse.… Totten v. Underwriters at Lloyd's London Page 1506 This is a companion case to Talizin v. Oak Creek Biding Club, No. 18457, this day decided, ante, p.… Plaintiff appeals from a judgment in favor of defendants in an action (1) for damages based on a negligent reconveyance of real property and (2) on an account stated and breach of contract of settlement.… In re Judd Page 1508 In this petition for a writ of habeas corpus the petititoner, together with a prayer for certain other relief, seeks to be excused from his default in failing to file a timely notice of appeal from a judgment of conviction in the Superior Court of the State of California, in and for the County of • Sacramento.… People v. Scott Page 1509 L. Ewing Scott was convicted of the murder of his wife Evelyn, who disappeared from her home May 16, 1955.… Climo v. Lamp Page 1510 This is an action for damages for personal injuries resulting from a collision of vehicles on September 10, 1956, in the city of Fullerton.… Smith v. Rasqui Page 1511 Plaintiff as the owner of a subdivision lot in the City of Anaheim, brought this action for declaratory relief and to obtain a judgment to the effect that the lot owned by him was not subject to restrictions created by written declarations of restrictions and reservations filed in the office of the county recorder of… Petitioner’s on-sale beer license was ordered revoked.… Hernandez v. Barton Page 1514 In this action against a police officer of the city of Los Angeles for damages resulting from an alleged assault, summary judgment was entered in favor of defendant upon the ground that no claim had been filed, as some claims are required to be filed, under sections 363 and 376 of the city charter.… People v. Fiore Page 1515 — A jury convicted defendant of having knowingly received stolen property consisting of an electric, portable straight-blade Milwaukee “Sawzall” in a gray metal carrying case and two electric, portable belt sanders.… People v. Lee Page 1517 This is an appeal from a judgment entered upon a jury’s verdict which found appellant guilty of robbery in the second degree.… Millikan v. Security-First National Bank Page 1518 On December 20, 1956, the deceased, Alden G.… In an action for declaratory relief, defendant appeals from a judgment declaring plaintiff as special administrator of the estate of Blanche C.… People v. Crawford Page 1520 This is an appeal from an order denying defendant’s motion to vacate a final judgment of conviction.… People v. Miller Page 1522 This is an appeal from a judgment and sentence in a case involving a violation of the provisions of section 11500, Health and Safety Code (possession of narcotics).… Hyde v. Russell & Russell, Inc. Page 1523 This action for personal injuries arose out of an accident which occurred on March 23, 1956, when plaintiff fell from a scaffold while engaged in his employment as a welder and steel worker.… People v. Lenaberry Page 1524 Harold Orville Lenaberry was charged with burglary, committed by entering a 1958 Chevrolet with intent to commit theft.… People v. De Falco Page 1525 Dominick J. Christiano and Sandra Louise De Falco were charged in separate counts of an information with the violation of the Deadly Weapons Control Law (Pen.… Lee C. Hess Co. v. City of Susanville Page 1526 This is an appeal from a judgment in favor of the respondent in an action for breach of contract.… Gorham v. Taylor Page 1527 The plaintiffs brought this action to recover damages for personal injuries alleged to have been received as the result of a collision between a motorcycle operated by the plaintiff Robert J.… Ferguson v. Philip Morris, Inc. Page 1528 The plaintiffs bring action for damages for personal injuries of the plaintiff Leona B.… McKinley v. Buchanan Page 1529 This is an appeal by the plaintiff and cross-defendant (hereinafter referred to as “appellant”) from a *610 judgment rendered in favor of the defendant and cross-complainant (hereinafter referred to as “respondent”) for breach of contract.… Myers v. Mitchell Page 1530 This is an appeal from judgments in favor of the respondents Myers awarding damages against appellants for breach of a written contract.… Hoefflin v. Holcombe Page 1531 Ida May Hoeffiin died intestate on October 11, 1955, leaving as her only surviving heirs her daughter, Laverna Holcombe, and her son, Kenneth G.… Mansfield v. Kaiser Page 1532 This is an appeal by defendants from a judgment in which they were enjoined from asserting any interest adverse to plaintiffs in certain real property in Kern County.… Converse v. Joslin Page 1533 We are confronted in this one case, with six—in reality thirteen—appeals, each one taken by the plaintiff.… Nongard v. Scott Page 1534 International Glass Corporation is a defendant, in a complaint brought by Nongard against the corporation and Scott, and is a cross-defendant in an amended cross-complaint brought by Scott against the corporation and Nongard.… Garcia v. Gallo Page 1535 176 Cal. App. 2d 658 (1959) GRACE GARCIA, Respondent, v. FELIX GALLO et al., Appellants.… J. M. Wildman, Inc. v. Stults Page 1536 Plaintiff brought this action against defendants husband and wife, to recover the deficiency due on the contract price of certain farming equipment after repossession and sale pursuant to the terms of the agreement.… Wick v. Wick Tool Co. Page 1537 from This a summary judgment for cross-defendants upon the cross-complaint.… People v. Smith Page 1538 Defendant Williams was charged by information in Count I with bookmaking, in Count II with unlawfully keeping a place for recording bets, and in Count III with having recorded or registered bets (Pen.… Sparks v. Allen Northridge Market Page 1539 Appeal by plaintiff from a judgment for defendants notwithstanding the verdict in an action for damages for personal injuries.… Moore v. Phillips Page 1540 This is an appeal from a judgment in favor of a broker (plaintiff) for earned commissions.… Montgomery v. Riess Page 1541 This is an appeal from a judgment in favor of the plaintiff in an action involving a non-negotiable promissory note.… Apablasa v. Merritt & Co. Page 1542 Plaintiff’s action for damages for breach of contract is predicated on a written contract entered into September 20, 1955.… People v. Courtney Page 1543 This is an appeal hy Russell Guy Courtney JErom a judgment wherein he was convicted of pimping and pandering and an appeal by Ardella M.… People v. Jones Page 1544 Defendant Ceophilus Jones appeals from a judgment of conviction of the offense of selling, furnishing and giving away a narcotic, marijuana, in violation of section 11500 of the Health and Safety Code.… Ferreira v. County of Glenn Page 1545 Appellant Sonia Ferreira, on December 15,1957, received personal injuries when a truck in which she was riding overturned.… Bierman v. Hagstrom Construction Co. Page 1547 Plaintiff appeals from a summary judgment dismissing the complaint.… Johns v. Coleman Page 1548 This is an action upon a creditor’s claim which was rejected by the administratrix of a decedent’s estate.… People v. Burnett Page 1550 Defendant was accused of the crimes of robbery (count 1) and of kidnaping for the purpose of robbery (count 2).… Farrier v. Levin Page 1551 Appellant appeals from a judgment of nonsuit in an action brought by her to recover damages arising out of an accident which, she alleged, occurred on October 27, 1956, in the liquor and delicatessen store operated by the defendant.… People v. Reddick Page 1552 This is an appeal from a judgment of conviction (order granting probation) and from an order denying a motion for a new trial in a case involving a violation of the *809 provisions of (sic) section 182.5 (§182) of the Penal Code (conspiracy) and section 580 of the Business and Professions Code (sale of degrees, etc.)… This is an appeal by plaintiff from a judgment entered pursuant to a jury verdict in favor of defendants in an action for personal injuries.… McCaughan v. Hansen Pacific Lumber Co. Page 1554 This is an appeal from a judgment in an action for wrongful death brought by the heirs of the deceased.… Helm v. Bollman Page 1555 Plaintiffs appeal from a money judgment in their favor against the defendants Fred Boll-man and Larry Brown, doing business as Bollman and Brown Logging Company, in an action brought to recover damages arising by reason of trespass by said defendants upon land owned by plaintiffs and the removing therefrom of certain… Blumenthal v. Municipal Court Page 1556 Petitioner seeks to prohibit further proceedings in the respondent court.… Rosman v. Cuevas Page 1557 Respondent sued appellant and her husband and had judgment against her for a balance due on a conditional sales contract for the purchase of an automobile.… Talbot v. Slifman Page 1558 The plaintiff and appellant, C. Talbot, sued the defendants as assignee of Georgia-Pacific Corporation *Supp. 873for a balance claimed to be due in the sum of $2,092.82 for goods, wares and merchandise sold and delivered and upon a book account and an account stated and attached a 1957 Ford pickup.… Muller v. Reagh Page 1559 We have before us now the third appeal taken by plaintiff in the case of William Muller v. Charles Reagh and Lelah Muller.… Menge v. Brown Page 1560 Plaintiff Betty W. Menge (formerly Betty W.… On September 20, 1955, plaintiff sued appellant Claretian Theological Seminary and defendant Jacoba Buchenau.… People v. Johns Page 1562 This appeal involves three cases. In the first, numbered 6559, the district attorney of Los Angeles County filed an information wherein defendant was accused of the crime of assault with intent to commit murder (Pen.… Laird v. Moss Page 1563 Plaintiff Laird was riding in a Chevrolet driven by Willard A.… Schramko v. Saulter Page 1564 Plaintiff has appealed from a judg ment for defendant based upon the verdict of a jury in a personal injury action.… Babcock v. Crafts 20 Big Shows, Inc. Page 1565 This is an appeal from a judgment based upon an order sustaining a demurrer to plaintiff’s amended complaint without leave to amend.… Cohen v. Superior Court Page 1566 Petitioner in Ms brief has set forth that one Arthur Black brought an action against Mickey Cohen in tort “for an alleged assault and battery asking for pumtive and exemplary damages.… Sullivan v. City of Santa Monica Page 1567 The city of Santa Monica, by contract with the State Board of Administration on April 5, 1944, elected to participate in the State Employees' Retirement System (Gov.… Wilson v. Ostly Page 1568 This is the latest of a long series of eases in which appellant has attacked the legality of the employment of various Los Angeles County officers.… People v. Hollins Page 1569 Appeal from a judgment convicting appellant of possession of marijuana and from the order denying his motion for a new trial.… People v. Lilyroth Page 1570 Defendant appeals from a judgment upon a jury verdict of guilty of the crime of escape, a violation of section 4532 of the Penal Code.… People v. Caldera Page 1571 Defendant was charged, tried and convicted of the crimes of assault with a deadly weapon, with intent to commit murder (violation of Pen.… In this action the parties seek a declaration of their respective rights in a pole line which is used by all three of them.… Johnson v. Holt Page 1573 This is an appeal by plaintiff from a summary judgment entered in favor of defendants in an action brought by plaintiff seeking damages for alleged unlawful interference by defendants with the contractual relationship between plaintiff and his mother, Nora E.… Juanita Owen and Grace Sawyer, as members of the Rosicrueian Fellowship, a church corporation, seek a writ of mandamus to compel the defendant members of the board of directors of the corporation to reinstate petitioners as members thereof and to permit them to examine the mailing list of membership of the corporation.… 173 Cal.App.2d 118 (1959) JOHN JUZEFSKI, Appellant, v. THE WESTERN CASUALTY AND SURETY COMPANY (a Corporation), Respondent.… Appeal by the minor plaintiff from an adverse judgment in an action for damages against the Los Angeles City Board of Education and its employee J.… People v. Lohman Page 1577 By amended information, Charles Michael Lohman was charged in Count I with the grand theft of an automobile from Paul’s Chevrolet on June 21, 1958, and in Count II with violating Vehicle Code, section 503, on the same date.… Norton v. Superior Court Page 1578 This cause comes before this court on a petition for writ of mandamus to direct the Superior Court of the County of San Diego to issue its order to district attorney of said county instructing said district attorney in the criminal action entitled People of the State of California v. Bill Frank Norton, to produce for… This action is brought by the Orange County Water District, a public corporation, created and existing under a California statute (Stats.… De Flavio v. Estell Page 1580 This is an action for damages for breach of a building construction contract.… People v. Malone Page 1581 Appellant’s conviction for conspiracy to commit abortion cannot be reversed upon any one of his proffered three grounds: (1) any failure of the arresting officer to testify as to the factual basis for his entry into the room in which his undercover agent was purportedly to undergo an abortion was cured by appellant’s… People v. Grimes Page 1582 Convicted a second time for violation of section 288a of the Penal Code, defendant appeals the judgment and from an order denying his motion for a new trial.… People v. Montes Page 1583 This is an appeal from a judgment of conviction after the appellant was found guilty of grand theft from the person and the further finding that he previously had been convicted of an escape, a felony.… M. G. Chamberlain & Co. v. Simpson Page 1584 Appeal from a judgment of dismissal entered on the sustaining of a demurrer to the third amended complaint, called the complaint, without leave to amend.… Morgan v. Southern Pacific Co. Page 1585 In this action, brought under the sanction of the Federal Employers’ Liability Act, the jury awarded plaintiff damages in the sum of $1,200.… Benom v. Benom Page 1586 Jeanette J. Benom was awarded an interlocutory judgment of divorce from Harold Israel Benom on the ground of extreme cruelty on October 9, 1957.… Duzé v. Ace Tractor & Equipment Co. Page 1587 Plaintiff appeals from a judgment in favor of defendants in an action for damages for alleged conversion of personal property.… Stafford v. Union Oil Co. Page 1588 Plaintiff appeals from a judgment which followed an order sustaining a general demurrer to his fifth amended complaint without leave to amend.… Kevich v. R. L. C., Inc. Page 1589 By this action plaintiffs seek monetary relief from defendants Morris Bernstein and R.… Christensen v. Slawter Page 1590 The principal question presented by this appeal is whether in an action for damages delay in conveying real property the measure of damages is controlled by Civil Code, section 3306.… Defendant has appealed from a judgment entered upon a jury’s verdict holding it liable under a policy of indemnity insurance issued to one Amber G.… People v. Phillips Page 1592 Convicted of violating section 207 of the Penal Code (kidnaping) defendant-appellant claims there was no proof that he forcibly took the victim and carried her into another part of the same county.… Garcia v. San Gabriel Ready Mixt Page 1593 Plaintiff was awarded $25,000 by a jury for personal injuries.… Hoover v. Travelers Insurance Page 1594 Plaintiff, Patricia Ann Hoover, sues upon a life insurance certificate, Number 555-26-9954, issued to her husband, Thomas P.… People v. Murphy Page 1595 Appellants John Russell Engstrom and Daniel Calvin Hall were charged with four counts of burglary and one count of attempted burglary.… Plaintiff, Harbor Chevrolet Corporation, hereinafter referred to as “Harbor,” brought the instant action against the Teamsters Union, Machinists Union and the Painters Union, alleging that on April 13, 1957, the defendant unions entered into an oral agreement with Frederick A.… Ramey v. General Petroleum Corp. Page 1597 This is an appeal from a judgment entered after the sustaining of demurrers without leave to amend.… Du Pre v. Bogumill Page 1598 This is an appeal from a judgment on a ver dict in favor of the plaintiff and against the defendant in an action involving the sale of a restaurant and liquor license.… In a condemnation proceeding brought by the State for highway purposes in which compensation for the taking was later assessed by the jury at $28,000, two expert valuation witnesses, Elmer Moody and Ed Roy, testified on behalf of defendant and the only respondent herein, John F.… Appeal by defendants from a judgment for plaintiff in an action for damages for the breach of a written contract of guaranty.… Lansdale v. Lansdale Page 1601 On January 23, 1951, in a default action, appellant Dyson Lansdale was awarded a final decree of divorce from respondent Kathryn and the custody of two minor children.… People v. Hawk Page 1602 Defendants Hawk and Shirey were accused in three counts of the crime of burglary.… People v. Watson Page 1603 In four counts of an information defendant was accused of selling marijuana to a minor, in violation of section 11714 of the Health and Safety Code.… Post v. Camino Del Properties, Inc. Page 1604 Plaintiff and appellant brought this action against defendant Camino Del Properties, Inc. and defendant and respondent Mission Valley Country Club, a nonprofit corporation (hereinafter referred to as the Club), alleging that on August 19, 1956, both defendants operated and maintained a recreational area within which… Schwartz v. Schwartz Page 1605 Appellants acted as attorneys for plaintiff in the early stages of an action for divorce in the above entitled action, which action was filed on February 14, 1958.… Caballero v. Richardson Page 1606 On March 27, 1957, defendant and respondent Harold D.… July 6, 1956, appellant and respondent entered into a collective bargaining agreement wherein it was agreed, inter alia, that respondent is recognized as the sole bargaining agent for all employees of appellant with certain exceptions; that any grievance not satisfactorily settled by the parties will be submitted to… Kelly v. Kelly Page 1608 This is an appeal from an interlocutory decree of divorce in which plaintiff was granted a divorce from the defendant on the grounds of extreme cruelty and adultery.… Valdez v. Clark Page 1609 Plaintiff, through his guardian ad litem, appeals from a judgment entered in favor of the defendant Clark * at the conclusion of a nonjury trial in which plaintiff sought to recover damages for personal injuries.… Patritti v. Glassell Page 1610 Plaintiffs sought a declaration as to the rights of plaintiffs and defendants in certain real property which was the subject of a condemnation action, or a declaration as to their rights in the condemnation award.… Wiese v. Rainville Page 1611 In this action for damages for personal injuries, plaintiff appeals from (1) judgment of nonsuit as to defendant Pearce, and (2) judgment, upon a verdict, in favor of defendant Rainville.… Jaffe v. Heffner Page 1612 Plaintiff and respondent Rose Jaffe, as administratrix of the estate of her deceased husband, Guss Jaffe, brought this action against defendants and appellants Robert D.… Bisenius v. Scherbel Page 1613 This matter comes before this court on appeal from a judgment denying the petition of Dannie Louise Bisenius, appellant herein, to have the above-named minor, Betty Josephine Bisenius, (hereinafter called Betty), declared free from the custody and control of her mother, Phyllis Lorraine Scherbel, respondent herein.… Firco, Inc. v. Fireman's Fund Insurance Page 1614 This is an appeal from a declaratory judgment entered in an action brought by plaintiffs, as assured, against Fireman’s Fund Insurance Company, as insurer.… In Re McNeer Page 1615 Petitioner, under an information charging murder, was convicted in the Los Angeles County Superior Court of murder of the second degree.… People v. Olson Page 1616 By information defendant was charged with four counts of felony violations.… People v. Boyd Page 1617 The defendant was found guilty of the possession of narcotics in violation of section 11500 of the Health and Safety Code.… Kumelauskas v. Cozzi Page 1618 Appeal by defendant from a judgment for plaintiff entered on a jury verdict in an action for damages for personal injuries.… Chohon v. Kersey Kinsey Co. Page 1619 This appeal arises upon a judgment entered pursuant to the sustaining, without leave to amend, of an objection to the introduction of any evidence in support of plaintiff’s complaint.… Gibson v. Thrifty Drug Co. Page 1620 Los Angeles Union Terminal, Inc., appellant corporation, appeals from an order retaxing costs against it.… Saunders v. Saunders Page 1621 By her complaint in this action plaintiff and appellant sought to have vacated and set aside a final and interlocutory decree of divorce granted to her husband upon the ground that at all times during the pendency of the action for divorce she was of unsound mind and *558therefore incapable of defending the action… People v. Carnes Page 1622 Defendants were jointly charged with the crime of burglary in violation of section 459 of the Penal Code.… Alcorn v. Davies Page 1623 This is an appeal from a judgment based on a defense verdict in an action brought by Verna H.… People v. Moore Page 1624 Defendant appeals from a judgment of conviction following a jury verdict finding him guilty as charged in an information on four counts of violation of section 647a, subdivision (1) of the Penal Code, and with one count charging a prior violation of the same section for which he served a term of imprisonment.… People v. Newlan Page 1625 Defendant was charged with a violation of Penal Code, section 261, subdivision 1 (statutory rape) and section 261, subdivision 3 (forcible rape), both counts relating to the same act.… People v. Reichenau Page 1626 Defendant appeals from a judgment of conviction following a jury verdict finding him guilty of violating section 476a of the Penal Code.… Mason v. Peaslee Page 1627 Plaintiff appeals from a judgment of dismissal entered after the trial court had granted defendant’s motion for a judgment of nonsuit.… Flynn v. Wallace Page 1628 This is an action to recover damages for personal injury.… Mayo v. Beber Page 1629 This is a motion to dismiss an appeal taken by the plaintiff and appellant Barnette Mayo, from an order denying her motion purportedly made under section 473 of the Code of Civil Procedure, to set aside and vacate a judgment in favor of the defendant.… People v. Harris Page 1630 By indictment appellant was charged with selling, furnishing and giving away a narcotic, in violation of section 11500 of the Health and Safety Code.… Charles v. Rice Page 1631 This is an appeal from an order granting a new trial after a jury returned a verdict in favor of defendant Eiee Brothers.… Lloyd Pest Control Co. v. Lopez Page 1632 This is an action for an injunction and damages in which plaintiff claims that defendant Dick Lopez, a former employee of plaintiff, acquired knowledge of certain trade secrets and property of the plaintiff while in plaintiff’s employ in the pest control business, and that subsequently the defendant engaged in the… Datta v. Staab Page 1633 In this action a jury returned a verdict in favor of plaintiff in the sum of $7,500.… Oppenheimer v. Ashburn Page 1634 Plaintiff’s complaint alleges liability of defendant judges under a statute which calls for a forfeiture 'of an amount not exceeding $5,000 for refusal to grant an order for a writ of habeas corpus ‘ ‘ after a proper application is made.… White v. Ostly Page 1635 Appellants’ contention here that the county clerk must enter in the judgment hook a “Judgment of Dismissal” rendered after the court granted a motion to dismiss, with directions to the attorney to prepare the order, cannot be sustained in the face of section 581d of the Code of Civil Procedure, the desirability of… Markwell v. Sykes Page 1636 Appeal from judgment of nonsuit in plaintiff’s slander action.… Weissman v. Lakewood Water & Power Co. Page 1637 The present action is against the city of Long Beach, Lakewood Water and Power Company and Mutual Pipeline Construction Company, seeking compensation for personal injuries by reason of the alleged negligence of the defendants.… People v. Miller Page 1638 In a jury trial, Jean Pierre Miller was convicted of two offenses of second degree burglary and probation was granted on condition that he serve one year in the county jail.… People v. Gaither Page 1639 James Campbell Gaither appeals from a judgment of conviction of seven violations of section 216 of the Penal Code 1 in that he administered poison (arsenic) to Mary Norris Gaither, Rosemary Norris, Mary Urias, Alvina Urias, Timothy Urias, Alex Urias and Adolph Urias with intent to kill said persons, by which death was… People v. Hames Page 1640 Appellant Wallace Hames was accused of three violations of section 337a of the Penal Code, namely, Count I, violation of subdivision 1 (bookmaking), Count II, violation of subdivision 2 (occupying a room with betting paraphernalia), and Count III of subdivision 6 (accepting bets on horse races).… Bridge v. Wells Fargo Bank Page 1641 V. C. Morris died August 4, 1957. He was the lessee of premises in which he conducted a retail business.… The State Board of Pharmacy suspended petitioner’s license to practice as a licentiate in pharmacy for 30 days, stayed execution of the order, and placed him on probation for one year on specified conditions.… This is an appeal from an order dismissing without prejudice appellant’s petition under section 1282 of the Code of Civil Procedure for an order directing arbitration.… Estate of Edwards Page 1644 Appeal from order distributing to one of the beneficiaries a portion of the corpus of a testamentary trust created by the will of Alfred Edwards, deceased.… Evans v. Evans Page 1645 Appeal by divorced husband from order modifying alimony award to wife.… People v. Cummings Page 1646 By information filed by the dis trict attorney of the county of Los Angeles, appellant Cummings and one Jordan were charged (count I) with conspiracy to commit abortion (one Leonard Maxwell Arons, James Utley, Ed Nasif, Geneva Owens, Evelyn Kooistra, John D.… Youngblood v. Silvagni Page 1647 Plaintiffs’ first cause of action is for declaratory relief regarding an agreement for attorneys’ fees.… Hirsch v. Hancock Page 1648 Appeal from a judgment granting plaintiffs relief from restrictions limiting the use of their respective real properties.… People v. Wallace Page 1649 In a non jury trial defendant was convicted of a violation of section 487, subdivision 3 of the Penal Code in that he unlawfully took a Hertz automobile.… Plaintiff, Robert Larry Hendriksen (hereinafter referred to as plaintiff) aged 12 years, 8 months, brought this action for damages, through his guardian ad litem Jane Hendriksen, against the Young Men’s Christian Association of San Diego, a corporation (hereinafter referred to as Y.… Hoeller v. Lloyd Page 1651 This is an action to quiet title. Plaintiff and defendants are adjoining landowners, At the trial of the action the principal issue presented for decision was the proper construction of the following course in the common boundary of the lands of plaintiff and de*778fendants: “.… Traner v. Crocker Anglo National Bank Page 1652 This is an appeal by plaintiff from a summary judgment entered in favor of defendant.… People v. Follins Page 1653 In a nonjury trial the defendant was convicted of violating section 337a, subdivision 1, of the Penal Code (bookmaking upon the result of horse racing).… People v. Howard Page 1654 Arthur Decatur, John Howard, Alienen Howard (also known as Bobby Decatur), and Lonnie Wilson were accused of forgery.… Collie v. Aust Page 1655 Five men, including plaintiff Collie and defendants Aust and Doiron, had planned a hunting trip.… Shell Chemical Corp. v. Owl Transfer Co. Page 1656 173 Cal.App.2d Supp. 796 (1959) 344 P.2d 108 SHELL CHEMICAL CORPORATION (a Corporation), Plaintiff and Appellant, v. OWL TRANSFER COMPANY (a Corporation), Defendant and Appellant.… Kinsell v. Bank of America Page 1658 The basic problem for decision is whether certain assignments of interests in a testamentary trust were effective, thus decreasing or defeating the interests of .the appellants.… Alston v. Goodwin Page 1659 The present action was commenced in Los Angeles County June 8, 1949, for the recovery of $34,634.70, being treble the amount of interest and a usurious bonus paid by plaintiffs to H.… Stein v. Superior Court Page 1660 Petition for writ of mandate to compel the superior court to order husband and wife defendants in a personal injury action to answer questions on deposition.… Schisler v. Mitchell Page 1661 This is an action in which plaintiff, trustor of the property involved, sought to have the trustee’s sale set aside or, in the alternative, damages in the sum of *28 $120,000.… People v. Cox Page 1662 In an indictment filed in Kern County it was alleged that Cleon Cox on or about November 13, 1958, did wilfully, unlawfully, feloniously, and with malice aforethought murder Iler Molhook, a human being, in violation of section 187 of the Penal Code.… People v. Acres Page 1663 W. H. Acres, William H. Shaw, and his wife, Edith, were charged with violating sections' 25500 and 26104, subdivision (a) of the Corporations Code in that they unlawfully sold shares of stock in the Sunshine Construction Industries, Inc., to W.… People v. Tapia Page 1664 Defendant-appellant was convicted of two violations of section 11500 of the Health and Safety Code: sales of marijuana on January 9 and 13, 1958.… People v. Poole Page 1665 Defendant appeals from his conviction by the court, after waiver of a jury, of the crime of violation of section 11500, Health and Safety Code (possession of heroin).… Darwin v. Ganger Page 1666 This litigation involves a dispute over the custody of a 12-year-old child, Marsha Darwin, who was born out of wedlock.… Goodhew v. Goodhew Page 1667 This is an appeal by Geneva S. Goodhew, widow of James H.… Secor v. Corbin Page 1668 Ben A. Secor appeals from an order of the probate court denying a petition by which he sought to establish his right to receive maintenance and support under the terms of a testamentary trust created by his grandfather’s will.… Tevis v. Beigel Page 1669 This is the second time this cause has been before us.… People v. Kolb Page 1670 By an indictment appellant Oscar Reyes and his eodefendant Richard Kolb were charged with a violation of section 11500, Health and Safety Code, in that they did “sell, furnish and give away a preparation of heroin.” Appellant at first denied, but later admitted, the charge of a prior conviction for a violation of the… Miller v. City & County of San Francisco Page 1671 In this action commenced October 20, 1955, maintenance machinists employed by the city and county challenge the rates of pay certified for their positions by the civil service commission and fixed by the board of supervisors for the fiscal years beginning July 1, 1952, and ending June 30, 1956.… People v. Otis Page 1672 Appellant here cannot properly complain of the court’s failure to instruct that fear of serious bodily *121 harm constitutes duress if neither the instruction, nor the facts of the case itself, compose a present, active and immediate peril of such harm.… Ross v. George Pepperdine Foundation Page 1674 Appeal by plaintiffs from judgments of dismissal made pursuant to motion under section 583, Code of Civil Procedure, 1 which motion was granted upon the ground that plaintiffs had failed to bring the cause to trial within five years after the filing of the action.… Gibson v. Queer Page 1675 Proponent, Helen M. Gibson, appeals from a judgment denying a petition to probate the purported holographic will of Louisa Wolf wherein said proponent was named as the sole beneficiary.… Anderson v. County of Santa Cruz Page 1676 Plaintiffs are Sidney and Marie Gandrup, owners of certain real property that was damaged by fire, and K.… Hildebrand v. Stonecrest Corp. Page 1677 Plaintiffs Neil and Grace Hildebrand own and operate the Broadmoor Pharmacy in a shop *161 ping area called the Broadmoor Shopping Center, at premises leased from defendant Stonecrest Corporation “for the purpose of conducting ...… Barceloux v. Dow Page 1678 This is an appeal by plaintiffs from an order releasing a portion of defendant’s property from a levy of attachment and from an order striking plaintiffs’ bill of particulars from the clerk’s transcript on appeal.… People v. Williams Page 1679 Defendant was charged by way of information with possession of heroin in violation of section 11500, Health and Safety Code, and three prior felony convictions.… Plaintiff appeals from a judgment entered in favor of defendants after their motions for judgment on the pleadings were granted.… People v. Morris Page 1681 Defendant was accused by information of the charge of murder of one Burke, to which he pleaded not guilty and waived a jury trial.… Dwight v. Leonard Page 1682 This is an appeal from a judgment foreclosing a mechanic’s lien.… Harris v. Harris Page 1683 Petition for writ of supersedeas and for a temporary stay pending decision on the petition.… People v. Finley Page 1684 Defendant was tried before a jury and convicted of receiving stolen property in violation of section *208496, Penal Code.… People v. Del Campo Page 1686 This is an appeal from an order denying appellant’s petition denominated “Petition to Vacate Judgment.… Hope v. Arrowhead & Puritas Waters, Inc. Page 1687 Plaintiff claims personal injuries as a result of having been struck from the' rear by one of defendant’s fork lift trucks while standing in the loading yard of the Arrowhead and Puritas Waters, Ine.… People v. Ray Page 1688 This is an appeal from an order denying the defendant's petition for a writ of error coram noMs and an appeal from an order denying a rehearing.… People v. Theodore Page 1689 This is an appeal from a judgment of conviction of violating the provisions of section 487, subdivision 1 of the Penal Code (grand theft).… This is an appeal from a judgment entered after sustaining a demurrer to appellant’s first amended complaint without further leave to amend.… This is an appeal by Local Joint Executive Board of San Diego, comprising Waiters and Bartenders Local 500 and Culinary Alliance and Hotel Service Employees Local 402 from a special order made January 7, 1959, after final judgment, by which special order the trial court purported to amend nunc pro tunc its judgment… Devincenzi v. Faulkner Page 1692 The normally peaceful coexistence of humans and canines was suddenly shattered on a late June afternoon in 1954.… This is an appeal by Sidney Adler, the licensee, from a judgment of the Superior Court of Alameda County denying his petition for a writ of mandate to set aside a decision of the Department of Alcoholic Beverage Control revoking his license.… Maier v. Noonan Page 1694 This is an appeal from a judgment which in effect declared that the appellant was the father of the plaintiff infant child and which judgment further provided for the support and maintenance of said infant, plaintiff.… People v. Crayton Page 1695 Defendant appeals from a judgment entered upon a jury verdict finding Mm guilty of the possession of narcotics in violation of section 11500 of the Health and Safety Code, and from the order of the trial court denying his motion for a new trial.… People v. Heinmann Page 1696 Defendant was charged, tried and convicted of assault with a deadly weapon.… Wilson v. City & County of San Francisco Page 1697 In an action for wrongful death plaintiffs, surviving husband and daughter of the decedent Leah Wilson, appeal from a judgment for defendant entered following a jury’s verdict.… People v. White Page 1698 Appellant and four other defendants were charged with the robbery of one Robinson.… People v. Lewie Page 1699 Defendant was convicted of murdering his wife, Blanche, and Ms stepdaughter, Minda.… Lundblade v. Avery Page 1700 This is an appeal from an order denying probate of a testamentary instrument purporting to be the holographic last will and testament of Amelia E.… Brown v. Reliable Iron Foundry, Inc. Page 1701 This is an appeal from an order granting defendant’s motion for a new trial in a personal injury-action resulting in a verdict for plaintiffs.… People v. Parrott Page 1702 Defendant was charged by information with a violation of section 470 of the Penal Code, it being alleged that on or about November 8, 1958, he, “with intent then and there to cheat and defraud Willoughby’s Jewelry and Bank of Willits, located at Willits, California, did wilfully, unlawfully, fraudulently and… People v. York Page 1703 Appellant was charged with the crime of murder (Pen.… People v. Lafka Page 1704 Defendant appeals from a judgment of conviction after jury verdict, of two felonies, violations of section 487, Penal Code (1) theft of a diamond ring valued in excess of $200, and (2) theft of money in excess of $200.… Anello v. Southern Pacific Co. Page 1705 This is an appeal from a judgment rendered pursuant to a jury verdict in favor of respondents in an action brought by the surviving widow and children of Joseph Anello, who was killed in a railroad crossing accident.… Slusher v. Buckley Page 1706 These are separate appeals in two actions which were consolidated for trial in the superior court and which appeals, by stipulation of all parties involved, are presented on one set of briefs.… Butler v. Progressive Transportation Co. Page 1707 This is an appeal from an order granting the defendant’s motion for a new trial and from an order denying plaintiff’s motion to vacate the order granting the defendant’s motion for a new trial.… This is an appeal by the plaintiff from a judgment in an eminent domain proceeding.… Guyton v. City of Los Angeles Page 1709 Plaintiff minor, then not quite 11 years old, sustained personal injuries when struck by a police car owned by defendant city while he was riding a bicycle on East 27th Street in the city of Los Angeles.… People v. Williams Page 1710 On May 9, 1958, the district attorney of Los Angeles County filed an information wherein defendant was accused of the crime of murder (Pen.… People v. Emigh Page 1711 Howard I. Emigh was charged with three violations of section 476a of the Penal Code.… People v. Perras Page 1712 Appellant was charged in count one of an information with a violation of section 288a of the Penal Code, alleged to have been committed on or about July 26, 1958, with one Leonard B.… Levin v. Union Oil Co. Page 1713 J.The main question is whether or not the allowance of defendant’s instruction on unavoidable accident was prejudicially erroneous.… We find no merit in appellant’s claim of error in the trial court’s- award to a contractor of damages for breach of contract covering installation of sewer pipe, upon any of the three suggested grounds: that the evidence does not support the judgment, that two subcontractors should not have been joined as plaintiffs… An injunction against former agents of an insurance company which prohibited solicitation of policyholders by these agents and use of information obtained in the course of their former relationship does not fail because of ambiguity in the contract of appointment or because of adverse equitable considerations or… Hopkins v. Tye Page 1716 Defendant-appellant predicates prejudicial error solely upon the giving of an instruction on waiver of right of way.… The state appeals from a judgment for respondent finance company in an action for forfeiture of an automobile pursuant to section 11610 of the Health and Safety Code.… People v. Brajevich Page 1718 Defendant was charged, tried and convicted of a violation of Health and Safety Code, section 11500 (unlawful possession of narcotics).… People v. Taylor Page 1719 Defendant was indicted for the possession of a narcotic (heroin) in violation of section 11500, Health and Safety Code.… People v. Swanson Page 1720 Victor S. Swanson was found guilty on Count One of an amended indictment, which count charged him with “A violation of Section 484 of the Penal Code of the State of California, to-wit; Grand Theft, a felony, committed as follows: The said Victor S.… Goto v. Goto Page 1721 The appellant has petitioned this court for a writ of supersedeas and for a temporary stay pending the granting or denial of the writ.… People v. Mays Page 1722 Charged in two counts of an indictment with sale of a narcotic (Health & Saf.… Gulley v. Warren Page 1723 This is an appeal by Robert Lee Warren, Jr., and Santa Clara Painting Company from an adverse judgment in an action brought by Leona Gulley, individually and as guardian ad litem for three minor children, and Estella Robertson to recover for the wrongful death of Roosevelt Gulley.… Zeppi v. State of California Page 1724 174 Cal. App. 2d 484 (1959) ROBERT ZEPPI et al., Appellants, v. STATE OF CALIFORNIA et al., Respondents.… Gerber v. Spector Page 1725 Plaintiffs, cross-defendants and respondents Arthur Gerber and Allan Gerber, individually and as individuals doing business as Arthur Gerber and Company (hereinafter referred to as Gerber) brought this action against defendant, cross-complainant, cross-defendant and appellant Nat Spector (hereinafter referred to as… We must determine if a claim involving the purchase of goods for a liquidated sum on the terms of “2% ten; net 30” affords the right to statutory interest from the date of expiration of 30 days, or from any other date, prior to an order for the payment of the claim, within the meaning of the Probate Code.… Vizzone v. Selsor Page 1727 Plaintiffs own an automobile service station which they had leased to one Hartzog who negotiated a sale of the business to defendant Selsor and one Childress.… Muller v. Robinson Page 1728 From three unsuccessful attempts to interject himself into the instant action, William Muller, plaintiff’s former husband, in propria persona, has appealed.… Muller v. Muller Page 1729 174 Cal. App. 2d 517 (1959) WILLIAM MULLER, Appellant, v. LELAH MULLER, Respondent.… People v. Sharp Page 1730 Convicted of violating Penal Code, section 4530, escape from the state prison at Soledad, defendant has appealed.… People v. Garcia Page 1731 We find no merit in appellant’s asserted grounds of appeal: (1) the alleged illegality of the arrest without a warrant because it was not based upon probable cause and because appellant was not advised of the details of the crime; (2) the failure of the trial judge to endorse appellant’s proposed instructions and to… In Re Leavitt Page 1732 174 Cal. App. 2d 535 (1959) In re RALPH G.… Marroquin v. Barrial Page 1733 This is an action to set aside an alleged fraudulent conveyance of a promissory note and a trust deed; or, in the alternative (if the conveyance cannot be set aside), for damages.… Hager v. Hager Page 1734 Dewey Hager sued his wife, Blanche, for divorce upon the grounds of cruelty and desertion and Blanche cross-complained for separate maintenance, charging cruelty and adultery.… Howser v. Caruso Page 1735 The first cause of action of the complaint is for attorney’s fees of the alleged value of $2,540; the second cause of action is based upon an account stated in the same amount.… People v. Feigin Page 1736 174 Cal. App. 2d 553 (1959) THE PEOPLE, Respondent, v. EMANUEL VAN DYKE FEIGIN, Appellant.… People v. Von Brimer Page 1737 In a jury trial defendant was convicted of violating section 26104, subdivision (f), of the Corporations Code (selling a security without having a permit).… Walls v. Walls Page 1738 Appellant Gordon L. Walls, father of the minor, appeals from an order removing him as guardian, on the ground that it is no longer necessary that she he under guardianship.… Connelly v. Venus Foods, Inc. Page 1739 In the first count of the complaint plaintiff seeks damages for breach by defendant Venus Foods, Inc., of an oral contract under which plaintiff functioned as a distributor of Venus products in Northern California.… Plaintiff appeals from a judgment entered upon an order sustaining demurrer without leave to amend.… People v. Poe Page 1741 Defendant was convicted by the court, a jury having been waived, of three counts of violation of Health and Safety Code section 11500, (1) sale of heroin on Septem*595ber 11, 1958, (2) sale of amidone on September 15, and (3) sale of amidone on September 16.… Rupley v. Applegate Page 1742 This is an appeal from a judgment in a probate proceeding determining heirship.… 174 Cal. App. 2d 601 (1959) 345 P.2d 98 VIRGINIA LAMBERT, Petitioner, v. MUNICIPAL COURT OF THE LOS ANGELES JUDICIAL DISTRICT et al., Respondents.… Harold v. Pugh Page 1744 174 Cal. App. 2d 603 (1959) KEITH B. HAROLD et al., Respondents, v. ELMER R.… Chilson v. P. G. Industries Page 1745 This is an appeal by defendant P. G. Industries from a summary judgment and from the order granting plaintiff’s motion therefor.… Kartheiser v. Superior Court Page 1746 Petition for writ of mandate requiring respondent to vacate its order of August 24, 1959, continuing for 90 days from that date (to November 24, 1959) the trial of the unlawful detainer action of Kartheiser v. Bisno, Superior Court Number 721091.… People v. Caruso Page 1747 These are appeals from judgments of conviction on pleas of guilty entered by the appellants on October I, 1957.… James v. Screen Gems, Inc. Page 1748 Plaintiff appeals from a judgment of dismissal based upon an order sustaining a demurrer to an amended complaint and upon the failure of plaintiff to amend within the time allowed for amending.… People v. Gann Page 1749 Defendant was charged, in four counts, with forgery, and in one count with burglary.… People v. Aguilar Page 1750 In two counts of an information, defendant Saldivar and three other persons (Aguilar, Car-dona, and Juarez) were accused of robbery.… In this action brought by plaintiffs to quiet title to certain land, the defendant school district prevailed.… Rosenaur v. Pacelli Page 1752 This is an action for specific performance of an option to purchase agreement contained in a written lease of certain real property, or in the alternative for damages for breach of contract and for declaratory relief.… Graham v. Graham Page 1753 On May 12, 1947, plaintiff-appellant obtained a final decree of divorce from defendant.… Burako v. Munro Page 1754 Petitioners’ on-sale liquor license was ordered suspended for 45 days.… Perepletchikoff v. City of Los Angeles Page 1756 This is an appeal from a judgment of the Superior Court of Los Angeles County denying a peremptory writ of mandate under section 1094.5 of the Code of Civil Procedure and affirming an order requiring demolition of appellant’s commercial and hotel building located at the corner of East Fifth Street and San Julian… Wyatt v. Tahoe Forest Hospital District Page 1757 Thomas Daniel Wyatt appeals from an adverse judgment in an action brought by him to compel the directors of Tahoe Forest Hospital District, a public hospital corporation, to permit him to follow his profession as a physician and surgeon within the hospital, to attend patients, to do all things a duly licensed… Beckmann v. Beckmann Page 1758 174 Cal. App. 2d 717 (1959) JOHANNA BECKMANN, an Incompetent Person, etc., Respondent, v. MARGARETHE S.… People v. Butcher Page 1759 James Charles Butcher was found guilty of a violation of section 211 of the Penal Code, robbery (in the second degree); section 459, burglary (in the second degree); and section 261, subdivision 4, rape.… People v. Melgard Page 1760 The sole question upon this appeal is whether or not defendant’s conviction of statutory rape (Pen.… Kissinger v. Kissinger Page 1761 174 Cal. App. 2d 738 (1959) GEORGENA MAE KISSINGER, Respondent, v. KENNETH KISSINGER, Appellant.… People v. Horton Page 1762 Defendant appeals from a judgment entered following his plea of guilty to one count charging a violation of Penal Code, section 245 (assault with a deadly weapon), two other counts charging the same offense having been dismissed.… Smith v. Paul Page 1763 174 Cal. App. 2d 744 (1959) 345 P.2d 546 ERNEST MANFRED SMITH, Appellant, v. DAVID A.… People v. Valenzuela Page 1764 Fidel Nirea and Dora Valenzuela were jointly charged with possession of heroin.… Brown v. Mayor of Redlands Page 1765 Petitioner here attempts to appeal from an order sustaining defendant’s demurrer to the first amended petition for writ of mandate without leave to amend that pleading.… Guirado v. Bank of America Page 1766 Jessie Toler died testate on September 26, 1946.… People v. Bernal Page 1767 Defendants were convicted by a jury of the crime of the sale of marijuana (violation of Health & Saf.… People v. Davis Page 1768 Defendant was charged by an information filed in the Superior Court in the County of Riverside with five counts of felony.… Altvater v. Breckenridge Page 1769 Restraining appellants from encroaching upon a public lane, the judgment here held the obstruction a public nuisance and ordered appellants to restore the lane to its former condition.… People v. Diaz Page 1770 The conviction of the defendants of violating section 11500 of the Health and Safety Code (sale of heroin) depends upon the testimony of state narcotics officer Mantler.… Haines v. Pigott Page 1771 This is an action to remove a cloud on title to real property and to quiet plaintiffs’ title.… Hartwick v. Superior Court Page 1772 174 Cal. App. 2d 809 (1959) LOUISE A. HARTWICK, Petitioner, v. SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent.… People v. Toledo-Corro Page 1773 The defendant Juan Soria-Flores was charged, tried and convicted along with three other defendants of the crime of conspiracy to violate section 11500 of the Health and Safety Code of the State of California, and a second count of a violation of said section 11500 in selling, furnishing or giving away narcotics… People v. Wilson Page 1774 Convicted of violating section 503 of the Vehicle Code (taking or driving an automobile without consent of the owner), defendant-appellant’s principal contention is that he was wrongfully thwarted in his search for a *822 person he claims was a material witness.… Gollard v. Bayless Page 1775 Plaintiff recovered judgment in the trial court and defendants have appealed.… Faustina v. Superior Court Page 1776 174 Cal. App. 2d 830 (1959) JAMES GODFRED FAUSTINA, Petitioner, v. SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent.… Tierstein v. Licht Page 1777 Plaintiff appeals from a judgment of non-suit rendered in a personal injury action.… People v. Edmond Page 1778 This is an appeal from the judgment entered upon a jury verdict which found appellant guilty of robbery of the second degree.… Hidden v. Malinoff Page 1779 174 Cal. App. 2d 845 (1959) ELEANOR HIDDEN et al., Appellants, v. GEORGE MALINOFF et al., Respondents.… People v. Fain Page 1780 Defendant was charged with, tried and convicted of, manslaughter (violation Pen.… Gutirrez v. Southern Pacific Co. Page 1781 Judgments of dismissal in favor of each of the three defendants were entered after failure of the plaintiff to further amend, following the sustaining of defendants’ general and special demurrers to plaintiff’s second amended complaint, with leave to amend.… Friedland v. Friedland Page 1782 This is an appeal from a judgment by which Judith Silver Friedland, plaintiff and respondent, was granted an interlocutory decree of divorce from Sidney Friedland, defendant and appellant.… Petitioner seeks a writ of review and an annulment of a finding and award of the Industrial Accident Commission in which workmen’s compensation benefits were made to the applicant, Prank P.… Taliaferro v. Taliaferro Page 1784 The superior court granted judgment that appellant “take nothing by” his seventh amended complaint and refused to enter a default judgment for appellant.… People v. Kot Page 1785 Convicted of receiving stolen property (Pen.… People v. Feldman Page 1786 Appellant was convicted of (1) violation of Penal Code, section 182, for conspiracy to commit grand *18 theft (Pen.… Lane v. Bradley Page 1787 Defendant, James Bradley, appeals by a settled statement from the minute order denying his motion to quash a writ of execution and from the order, included in a memorandum opinion, denying his motion to set aside the minute order.… Petitioner herein brought this proceeding to review an order of the respondent commission denying his application to reopen for good cause.… Reel v. City of South Gate Page 1790 Defendant city of South Gate, a municipal corporation, appeals from the judgment after verdict awarding plaintiff $52,671.42 as damages for injuries suffered by him when his automobile ran into unlighted barricades in the street, swerved off the pavement and collided with a cement wall.… De La Forest v. Yandle Page 1791 This appeal is from a judgment in favor of respondents following an order sustaining a demurrer without leave to amend.… Grapes v. Schaffner Page 1792 This is an appeal from a decree of distribution wherein the lower court ordered distribution of all of the property of the above entitled estate to the heirs of decedent, to the exclusion of the heirs of decedent’s predeceased spouse.… People v. Blankenship Page 1793 The district attorney of Los Angeles County filed an information wherein defendant was charged *70 in one count with the crime of forcible rape (Pen.… People v. McNulty Page 1794 Defendants Roderick J. Scobie and Robert John McNulty were charged by way of indictment with selling marijuana in violation of section 11500, Health and Safety *87 Code.… Davis v. Goodrich Page 1795 Plaintiff, * through his guardian ad litem, appeals from an order granting defendants’ motions for nonsuit in plaintiff’s action to recover damages for personal injuries.… The Department of Health of the State of California seeks a writ of mandate to compel respondents, boards of supervisors and city councils, to enact ordinances to provide for the maintenance of a pound system and rabies control program for dogs as provided for in section 3920 of the Health and Safety Code.… Taylor v. Vallelunga Page 1797 The complaint in this action contains three counts.… Pavlovsky v. Board of Trade Page 1798 Demurrer to plaintiff’s complaint was sustained with leave to amend.… Gilbert v. Corlett Page 1799 This is an action for damages for fraud perpetrated by defendant on plaintiffs in the sale of certain residence premises in the city of Berkeley.… People v. Eaton Page 1800 Defendant was charged by information with forcible rape and burglary.… Parker v. Solomon Page 1801 Plaintiff appeals from a judgment which followed an order sustaining a general demurrer to her fourth amended complaint without leave to amend.… Tomchik v. Julian Page 1802 John M. Tomchik and Cecilia K. Tomchik brought this action to recover damages for the death of their daughter Elaine from carbon monoxide poisoning and for injuries sustained when they were overcome by carbon monoxide gas.… Moody v. Moody Page 1803 This is an appeal from an interlocutory decree in an action for partition.… Gadbury v. Ray Page 1804 Plaintiffs and appellants Carolyn Ann Gadbury, individually, and Hazel Gadbury, by her guardian ad litem, Harold T.… Augustus v. Shaffer Page 1805 Plaintiff sued defendants for personal injuries arising out of a collision between a Hudson driven by defendant Shaffer and a Buick driven by defendant Bean.… People v. Rose Page 1806 Defendant pleaded guilty to charges of kidnapping (Pen.… People v. Blankenship Page 1807 In a jury trial, Mike 0 ’Malley Blankenship was convicted of violating Vehicle Code, section 480, and was granted probation on condition that he serve 90 days in the county jail.… People v. McMurray Page 1808 In a non jury trial defendant was convicted of possessing heroin.… People v. Scarborough Page 1809 Thomas Scarborough was found guilty by a jury of the crimes of simple kidnapping, forcible rape and- robbery in the second degree.… Teixeira v. Domingos Page 1810 This is an action seeking the declaration of a resulting trust respecting land alleged to have been received under trust conditions, and also to impress the same resulting trust on the rents, issues and profits thereof.… Ballard v. Augustine Page 1811 This is an appeal in two personal injury-actions which were consolidated for trial by stipulation of the parties.… Doherty v. Carruthers Page 1812 Defendants contracted with Jack Bried, the original contractor, for certain repairs and improvements on their real property.… Francis v. Eisenmayer Page 1813 Plaintiffs, respondents herein, brought an action for damages for fraud and misrepresentation against defendants Williams who sold them a parcel of real property, and defendant Security-First National Bank of Los Angeles, appellant herein, who handled the escrow between them.… Ford v. Superior Court Page 1814 Petitioner seeks a writ of prohibition to enjoin the respondent court from further proceedings in an action commenced by him against Joy A.… Schafer v. Wholesale Frozen Foods, Inc. Page 1815 General demurrer to plaintiffs’ second amended complaint was sustained with leave to amend.… Twin Lock, Inc. v. Superior Court Page 1816 Petitioners seek a writ of prohibition to enjoin the respondent court from enforcing an order requiring them to produce and permit inspection by the real parties in interest of certain documents or, in the alternative, a writ of mandate to compel the respondent court to vacate that order.… Venne v. Standard Accident Insurance Page 1817 Standard Accident Insurance Company appeals from an adverse judgment in a declaratory relief action which declared that a policy which it had issued covered an accident that occurred after the owner had sold the car.… People v. Dills Page 1819 This is an appeal from a judgment and sentence and from the denial of a motion for a new trial in a cause wherein the defendant was convicted of first degree robbery.… People v. Bloemsma Page 1820 Each appellant in this case has appealed from a judgment wherein each defendant was found guilty of assault.… People v. Williams Page 1821 This is an appeal from a judgment of conviction of the crime of violation of section 503, Vehicle Code.… Palmer v. Agid Page 1822 Action for damages for wrongful death of Mrs. Helen Palmer resulting from the collision of a Volkswagen automobile (ranch-wagon type) and a Ford panel truck at an intersection of two streets in Los Angeles.… People v. Bernstein Page 1823 A jury rendered a verdict finding defendant-appellant guilty of statutory rape on November 25, 1957, in violation of section 261, subdivision 1, of the Penal Code.… Middlecoff v. Middlecoff Page 1824 Defendant and his guardian were ordered to pay plaintiff $175 per month support pending the determination of two appeals hereafter described, and $1,000 attorney’s fees and $300 costs on the second appeal.… Lockhart v. Rini Page 1825 This action was instituted to recover damages for personal injuries sustained by plaintiff in a collision between the latter’s motor vehicle in which he was riding and one owned by defendant transportation company, and operated by their employee, defendant Rini.… This is a proceeding in eminent domain instituted by the State of California, acting through its Department of Public Works, wherein the latter seeks to acquire the full fee interest in certain parcels of land, including the whole of the improved premises which were owned by appel *305 lant, Lydia Mascotti, and which… Prentice v. Roberts Page 1827 Appeal by plaintiffs from a judgment for defendants entered on a jury verdict in an action for damages for personal injuries and property damage arising from an intersection collision of automobiles.… People v. Nichols Page 1828 Defendant appeals from a judgment of conviction entered on a jury verdict finding him guilty of robbery in the first degree.… Campbell v. Neighbors Page 1829 Plaintiffs and respondents Clinton C. Campbell and wife filed this action on December 5, 1957, for declaratory relief against defendants Stanley N.… People v. Valenzuela Page 1830 A jury convicted defendant of assault with a deadly weapon (.38 caliber revolver) in violation of section 245 Penal Code, and escape from the custody of an officer (violation of Pen.… People v. Rivers Page 1831 Defendant was charged with the crime of abortion.… Romer, O'Connor & Co. v. Huffman Page 1832 171 Cal. App. 2d 342 (1959) ROMER, O'CONNOR AND COMPANY, INC., Appellant, v. J.… Johns v. Johns Page 1833 On September 3, 1957, plaintiff filed her first amended complaint naming as defendants her husband, W.… People v. Nelson Page 1834 The two main questions presented by this appeal are whether (1) the evidence which gave rise to the conviction of the defendant for having possession of marihuana and with unlawfully planting and cultivating the narcotic plant, was obtained as the result of an illegal search and seizure, and (2) whether the evidence… People v. Hughes Page 1835 This is an appeal from a judgment declaring appellant guilty of murder of the first degree, and fixing his punishment at life imprisonment, and from an order denying a new trial.… People v. Yancy Page 1836 Appellant James Walter White, James Franklin Yancy and Richard Jackson were jointly charged with the crime of assault by means of force likely to produce great bodily injury (Pen.… Luchs v. Ormsby Page 1837 In an action for dissolution of a partnership and for an accounting, plaintiff was awarded judgment against defendant for $47,371.93.… Vecki v. Sorensen Page 1838 This is an appeal from a judgment of dismissal for failure to bring the ease to trial within five years after the filing of appellants’ complaint.… This is a suit to recover damages brought by the plaintiff, American Fire Protection Service, against the defendant Williams, and others who, it is alleged, aided and abetted him in violating a permanent injunction which restrained Williams from engaging in the flue cleaning business in certain counties of California… Morales v. Thompson Page 1840 This is an appeal from a judgment rendered on a jury verdict in favor of the defendant, in an action brought by Virginia Morales, a minor, through her guardian ad litem, her mother Maria Morales, for personal injuries sustained when Virginia came in contact with an automobile driven by the defendant.… Eaton v. State Water Rights Board Page 1841 Appeal by petitioners Eaton from a judgment denying a writ of mandate to compel the State Water Bights Board to issue to petitioners a permit to appropriate water from Le Montaine Creek in Los Angeles County.… Lyke v. Pursley Page 1842 This is an appeal from a judgment in favor of defendants-respondents and against plaintiffs-appellants for balance of rent due for use of motel property.… Smith v. Heilman Page 1843 This is an appeal from a judgment declaring and decreeing that appellant is the natural father of Laurel Smith, the daughter of respondent Panon Heilman, his former wife, in an action brought by appellant seeking a declaration that he was not the father of said child.… Bratton & Moretti v. Finerman & Son Page 1844 In an amended complaint plaintiffs seek to recover from defendants Finerman and Son, a copartnership, et al, and from defendant and appellant Harry Finerman individually, $4,510.28 on an open book account for fertilizer sold and delivered to them.… Gramling v. Anderson Page 1845 Opal Mae Swanson died testate on June 8, 1954.… Allen v. Superior Court Page 1846 On February 16, 1959, an amended complaint was filed in the Superior Court of San Diego County in which Nate Rosenberg was plaintiff and Bruce F.… Vytina Society v. Phillips Page 1847 This is an appeal by the residuary legatee, Vytina Society, from an order of the trial court denying objections to the final accounting of the executrices of the estate of Steve G.… People v. Harding Page 1848 Convicted on five counts charging fraudulent issuance of bad checks (Pen.… Martin N. Sousa made application to the Department of Alcoholic Beverage Control for an on-sale liquor license for his inn which is located in the unincorporated community of Idyll wild in the San Jacinto Mountains in Riverside County.… Gonzalez v. Riis Page 1850 In this action plaintiffs, through six separate alleged causes of action, seek to have it declared that they are the beneficial owners of a certain 10 acres of land described in the complaint as located in Carmel Valley, County of San Diego, State of California.… Haas v. Hodge Page 1851 This case arises from a contract for the association of two doctors in the practice of medicine.… People v. Adams Page 1852 Defendant was convicted of five charges of fraudulently issuing a check without sufficient funds in the bank to meet the same, thus violating section 476a, Penal Code.… Paskil v. Leigh Rich Corp. Page 1853 Defendants appeal from an order granting plaintiff’s motion for a new trial.… Rossman v. Hall Page 1854 In this personal injury action growing out of an automobile collision at an intersection, the jury’s verdict was in favor of defendants.… People v. Gillette Page 1855 Appellant Bevins and one Roland Keith Gillette were charged in Count II * of an information with robbing Thomas Wood of $4,418 on August 30, 1957.… Fenolio v. McDonald Page 1856 The present controversy arises out of the sale of a bar and restaurant business which in turn resulted in actions being filed by both parties.… People v. MacKey Page 1857 This is an appeal by defendants from a judgment of conviction following a jury verdict finding them guilty of burglary in the first degree.… The appellant city of San Bernardino, on June 2, 1959, filed what it describes as a “Petition for Modification and Clarification’’ of the writ of supersedeas granted by this court in the above-entitled action on October 10, 1957 (Orange County Water Dist.… Defendants have appealed from a judgment against them upon their promissory note executed and dated June 13,1951.… Petitioner is the plaintiff in an action for divorce prosecuted by her against her husband Raul J.… People v. Carey Page 1861 Defendant was convicted, in a non-jury trial, of unlawfully possessing heroin.… People v. Treggs Page 1862 In an information filed by the district attorney of Los Angeles County, defendants were charged with the crime of robbery (Pen.… People v. Treggs Page 1863 In an information filed by the district attorney of Los Angeles County, appellant and one Bennye Treggs were accused of the crime of robbery (Pen.… People v. Herrera Page 1864 The district attorney of Los Angeles County filed an information wherein appellant, together with defendants Herrera and Eneisco, were accused of unlawfully having in their possession heroin, a narcotic, in violation of section 11500 of the Health and Safety Code, a felony.… Preiss v. Good Samaritan Hospital Page 1865 Appeal by plaintiff from a judgment of dismissal entered pursuant to section 583 of the Code of Civil Procedure for failure to bring the action to trial within five years after it was filed.… People v. Ramirez Page 1866 In a jury trial, Max Ramirez was convicted of an offense of second degree robbery and was sentenced to state prison.… People v. Smith Page 1867 In a nonjury trial defendant was convicted on two counts of burglary.… Henie v. Henie Page 1868 On May 17, 1956, plaintiff-respondent Gerd Henie brought this action against her husband Leif W.… Slater v. Conti Page 1869 171 Cal. App. 2d 582 (1959) ELDO S. SLATER et al., Appellants, v. ANTONIO CONTI et al., Respondents.… DeMartini v. Lamb Page 1870 We are here concerned with two proceedings arising out of the same transaction between the parties and concerning the same question.… State v. United States Page 1871 This is an appeal by the State of California from a judgment which approved, allowed, and ordered to be paid a claim of $1,015.17 against the estate of George Turner, filed by the United States of America as Trustee of the Gen *593 eral Post Fund 1 and objected to by the State of California, claiming the property had… Tushner v. Griesinger Page 1872 This is an action for declaratory relief and for an injunction.… De Ruiz v. Jack Rudy Trucking Co. Page 1873 Defendant and appellant Jack Rudy Trucking Company, a corporation, appeals from judgments rendered against it in these two consolidated actions wherein plaintiff and respondent Consuelo de Ruiz, as administratrix of the estate of Esther Juarez Garcia, deceased, recovered judgment for $75,000, subsequently reduced to… This is an action in eminent domain brought by the State of California against owners and claimants to certain parcels of real property in San Diego County.… Accusation filed by respondent Department of Alcoholic Beverage Control charged in Count I that the premises operated by petitioners under an on-sale liquor license were a resort for prostitutes, and in Count II that the premises were used as a disorderly house.… Folden v. Lobrovich Page 1876 Plaintiffs, who were partners doing business under the name of “Trio Food Center,” and defendant entered into the following written contract: “This agreement made on March 3, 1954 between Grace Lobrovieh, the Owner, of 1378 Lincoln Avenue, San Jose, a store building, and the Trio Food Center, a partnership, the… People v. MacK Page 1877 Appellant and one Surrell were found guilty by a jury of robbery in the first degree.… People v. Koontz Page 1878 Defendant was charged in two counts with violations of Penal Code, sections 288 and 285, lewd conduct with a child and incest.… Patapoff v. City of Los Angeles Page 1879 Plaintiffs Nick W. Patapoff and June Patapoff, husband and wife, appeal from a minute order dated May 19, 1958, entered May 21, 1958, reading as follows: “Nature of Proceedings: Motion of Defendant, Department of Water and Power of the City of Los Angeles, to dismiss action pursuant to provisions of Section 583 of the… Syster v. Martin Page 1880 This is an appeal from a judgment and order denying admission to probate the will of Elmer L.… Sullivan v. Dunnigan Page 1881 This is an appeal from a judgment setting aside a deed on the ground of fraud.… People v. Tims Page 1882 Defendant was convicted by a jury of a violation of Penal Code, section 464—burglary with explosives.… Guardianship of Rose Page 1883 This is an appeal from an order appointing respondents, Jack Webb and Jean Webb, guardians of the person and estate of Kelly A.… People v. Etress Page 1884 The Grand Jury of Los Angeles County returned an indictment wherein defendant was charged with a violation of section 11500 of the Health and Safety Code, a felony, in that on or about March 14, 1958, he unlawfully sold a narcotic, to wit, heroin.… Hofmeister v. Delta Verde Farms Page 1885 Plaintiffs in their first amended complaint in this action for declaratory relief, injunction and accounting, action number 29292 in the superior court, seek a judgment declaring the rights and duties of the parties under a “Farm Management Agreement.” They also ask for an order restraining the defendant, Producers… Anderson v. City of Long Beach Page 1886 The city of Long Beach appeals from the judgment which granted a peremptory writ of mandate requiring it “to adjust the pension account of each petitioner herein so as to include therein credit for the entire amount of pension payments to which each is and was legally entitled, based upon the applicable percentage of… Clark v. Pullins Page 1887 The instant case, based upon a complaint for cancellation of a deed on the ground of undue influence and fraud, assault and battery, and conversion, was tried before the court sitting without a jury.… Darling v. Caterpillar Tractor Co. Page 1888 In a jury trial, Clyde 0. Darling was awarded damages in the amount of $100,000 for personal injuries upon his complaint charging defendant with negligence in the manufacture of a bulldozer.… People v. Gutierrez Page 1889 Federico Gutierrez, Jr., was charged by information with possessing heroin.… This is an appeal from a judgment declaring conditions and restrictions applicable to a charitable trust.… Wyoming Pacific Oil Co. v. Preston Page 1891 A complaint was filed in this case on December 15, 1952.… Goldner v. Jaffe Page 1892 Plaintiff, as payee of a promissory note for $5,000 executed by defendant, brought this action for payment.… People v. Garcia Page 1893 171 Cal. App. 2d 757 (1959) 341 P.2d 351 THE PEOPLE, Respondent, v. ISRAEL GONZALES GARCIA, Appellant.… Rodriguez v. City of Los Angeles Page 1894 Plaintiff Ramiro M. Rodriguez brought this suit against the city of Los Angeles and Marcus Meisel for damages for personal injuries.… Rust v. Roberts Page 1895 There is pending in the Superior Court for El Dorado County an action in condemnation brought by the state to condemn a body of land belonging to petitioners.… Turnbull v. Thomsen Page 1896 This is an action by John Andrew Turnbull as executor of the estate of Frank Turnbull, deceased, to impress a trust upon the proceeds of a check in the amount of *781 $22,217.98 which was received by the decedent on or about February 25, 1957, as the net proceeds of the Sale of real estate, endorsed by him and… People v. Coe Page 1897 Defendant was accused by way of information with grand theft, taking $1,610.26, the personal property of Karl Holton, Probation Officer, in violation of section 487, subdivision 1, Penal Code.… Cain v. Friend Page 1900 Plaintiff appeals from judgment entered upon directed verdict in this personal injury action.… Wilson v. Wilson Page 1901 171 Cal. App. 2d 810 (1959) VIRGINIA O. WILSON, Respondent, v. WALLACE E.… This is an action for personal injuries, allegedly caused by the negligence of decedent and his employees.… In re Daily Page 1903 Petitioner is in the custody of the sheriff of the county of Los Angeles under warrant of arrest issued by the governor of this state pursuant to the requisition of the Governor of Missouri for the extradition of petitioner.1 In June 1956, petitioner was, through information filed by the prosecuting attorney of the… People v. Bell Page 1904 In a jury trial defendant Betty A. Bell was found guilty of murder of the second degree.… County of Monterey v. Madolora Page 1905 Is a strawberry plant a vine? That is the question presented in these consolidated eases.… People v. Travis Page 1906 Defendants were indicted for violation of section 182, Penal Code, conspiracy to commit theft (Pen.… People v. Norman Page 1907 Convicted of burglary, defendant assigns insufficiency of the evidence, claiming that the testimony of James Brooks was inherently incredible.… People v. Mateo Page 1908 Defendant together with Velasquez and Carillo were convicted by a jury of two counts of violation of Health and Safety Code, section 11500, (1) possession of marijuana, (2) sale of marijuana, on the same day.… Upton v. City of Antioch Page 1909 Plaintiffs appeal from a summary judgment entered in favor of defendants city of Antioch, P.… Dube v. Kelley Kar Co. Page 1910 Plaintiff bought a Ford automobile from defendant company, trading in her 1955 Dodge Station Wagon and depositing $100 as part of the purchase price, the balance being payable in installments.… Hudson v. Hutchason Page 1911 On May 13, 1958, judgment was rendered against defendants Hutchason and Daniele in a personal injury action, as joint tort feasors.… People v. Dickenson Page 1912 In 1956, prosecution of the defendant was commenced for seven alleged violations of the Municipal Code of San Diego regulating the auto wrecking business.… People v. Winters Page 1913 This is one of 10 cognate eases, involving a total of 28 defendants, of whom Melvin Chambers is one.… Yockel v. Hatley Page 1914 This is an action for damages resulting from injuries received when an automobile driven by plaintiff Lewis, in which plaintiff Yockel was a passenger, collided with a car belonging to defendant Kantor, also krlown as Zatulovsky, and driven by defendant Hatley.… Apartments, Inc. v. Trott Page 1915 J. E. Trott and Colorado Land Company (hereinafter called 1 ‘Land Co.”), as defendants and cross-complainants, in an action filed against them in Contra Costa County by plaintiff herein, have appealed from an order of the superior court of said county denying their motion under Code of Civil Procedure, section 396… People v. Dalton Page 1916 The San Francisco grand jury indicted Fred Dalton, appellant, and Richard Wilson on two counts, Count I charging each defendant with conspiracy (Pen.… Hinman v. Wagnon Page 1918 172 Cal. App. 2d 24 (1959) CHARLES W. HINMAN, Appellant, v. WILLIAM WAGNON, SR., et al., Defendants; SIERRA CREEK DEVELOPMENT COMPANY (a Corporation), Respondent.… People v. Brown Page 1919 —Defendant pleaded guilty to a charge of escape from a state prison (violation of Pen.… People v. Klimek Page 1920 The appellants, Harry M. Howser and Edward Klimek, Jr., were accused by an information with the crime of robbery.… Toboni v. Pennington Millinery Co. Page 1921 Plaintiff has appealed from two orders requiring her to furnish security to the defendants pursuant to the provisions of section 834 of the Corporations Code: A $500 surety bond to defendants Pennington Millinery Company, Sibyl E.… Vinnicombe v. State of California Page 1922 172 Cal. App. 2d 54 (1959) LUCIA E. VINNICOMBE et al., Appellants, v. STATE OF CALIFORNIA, Respondent; and Consolidated Appeal.… Russell v. Superior Court Page 1923 This proceeding requires, construction of code, sections concerning sexual psychopaths.… Vogan v. McLaughlin Page 1924 Plaintiff’s first cause of action was for rescission of an agreement for the purchase of the Brentwood Motel.… Petitioners seek review and annulment of an award of the Industrial Accidenjt Commission allowing workmen’s compensation benefits to an employee who sustained an injury to his right foot while participating in a foot race at an annual company picnic.… Horn v. Govan Page 1926 Plaintiffs Bertram M. Horn and Lawrence J.… This is an appeal from a judgment of dismissal following the sustaining of a demurrer to plaintiff’s first amended complaint without leave to amend.… Sapp v. W. T. Grant Co. Page 1928 172 Cal. App. 2d 89 (1959) GERALDINE SAPP, Respondent, v. W.… Brooding v. Brooding Page 1929 This is an appeal from an order denying defendant’s motion under section 473 of the Code of Civil Procedure to set aside the default and default judgment entered upon the second amended complaint for annulment of the marriage of plaintiff and defendant.… Mason v. Ennes Page 1930 Plaintiff, as lessor, and defendant, as lessee, executed a written lease which contained the following provisions: “Lessee is hereby authorized to build approximately 30 ft.… This is an appeal by Edward M. Maloney, the licensee, from a judgment of the trial court denying his petition for a writ of mandate to set aside a decision of the Department of Alcoholic Beverage Control revoking his license.… People v. DePrima Page 1932 172 Cal. App. 2d 109 (1959) THE PEOPLE, Respondent, v. CARL DePRIMA et al., Appellants.… Ingrassia v. Bailey Page 1933 Plaintiff, proprietor of a catering route in the industrial area of Los Angeles, leased the same, together with 'a’truck with which to operate it, to defendant.… Downer Corp. v. Union Paving Co. Page 1934 This is an appeal from a judgment awarding respondent attorneys’ fees for services of its counsel on an appeal from an order confirming an arbitration award.… Pruyn v. Waterman Page 1935 This is an appeal in an action to quiet title to a one-half interest in certain personal property, brought by the plaintiff,.… Friel v. County of Los Angeles Page 1936 This is an appeal from a judgment wherein the court declared that certain provisions of the zoning ordinances of the county of Los Angeles, with reference to the drilling of oil wells were constitutional, reasonable, non-discriminating and not arbitrary, and that plaintiffs were not entitled to an injunction or any… Appeal from a judgment in two consolidated actions: superior court Numbers 590631 and 659106.… People v. Halcomb Page 1939 The information alleged that on or about April 5, 1958, the defendant did unlawfully own and have in his possession a firearm, to wit, a P 38 automatic pistol capable of being concealed upon the person, and said firearm having a barrel less than 12 inches in length, (and the defendant having theretofore been convicted… This is an action by plaintiff and appellant to recover damages for personal injuries and property damage sustained as the result of a collision of plaintiff’s truck with a train operated by the defendant and respondent Atchison, Topeka and Santa Fe Railway Company (hereinafter referred to as the Santa Fe), occurring… People v. Pettyjohn Page 1941 The district attorney of Los Angeles County filed an information wherein defendant was accused of violation of section 11500 of the Health and Safety Code, in that he had in his possession certain narcotics, marijuana and amidone on or about March 13, 1958.… Feider v. Hanna Page 1942 This is an appeal from the judgment of the superior court which was entered after respondents’ demurrer to appellant’s petition for a writ of mandate which was sought to compel the State Personnel Board to reinstate petitioner to her civil service position as executive secretary to the Board of Nurse Examiners was… Medina v. Brown Page 1943 Rollen Edgar Brown and his wife Mildred Gertrude Brown and George Porter and his wife Leah Porter have appealed from a judgment granting John J.… People v. Delasantos Page 1944 On March 21, 1958, a complaint was filed charging the appellant with seven counts of issuing checks without sufficient funds with intent to defraud.… This action was brought by the state, through its Department of Public Works, to condemn 12.826 acres of land, owned by the appellant, H.… Family Record Plan, Inc. v. Mitchell Page 1946 The lower court granted to plaintiff a preliminary injunction prohibiting defendants from the continuance of certain acts claimed to constitute the infringement of a trade name (Bus.… Kershaw v. Maryland Casualty Co. Page 1947 This is an action brought against the defendant Maryland Casualty Company, a corporation, for damages for breach of a contract to insure.… Borg v. McDonnell Page 1948 Plaintiff, walking along the Bay-shore Highway in a northerly direction, was hit by defend*261ant’s automobile which was traveling in the same direction.… People v. Ramsey Page 1949 Appellant contends in chief here that the prosecution engaged in misconduct by improperly trying to implant in the jury’s mind the notion that appellant’s wife secreted a witness who would testify as to appellant’s attempt to concoct a false alibi.… Western Electroplating Co. v. Henness Page 1950 172 Cal. App. 2d 278 (1959) WESTERN ELECTROPLATING COMPANY (a Corporation), Respondent, v. LEWIS HENNESS et al., Appellants.… Plaintiff sues to quiet title to the unused portion of a strip of land over which his predecessors granted an easement to defendant for flood control purposes.… People v. Collins Page 1952 An information was filed by the district attorney of Los Angeles County wherein defendants were charged with the crime of petty theft with a prior conviction of felonies (Pen.… Lane v. Davis Page 1953 Plaintiff appeals from a judgment of dismissal entered after defendants’ demurrer to his second amended complaint, which seeks to recover a real estate brokerage commission, was sustained without leave to amend.… People v. Daley Page 1954 In a court trial, Francine Daley was found guilty of possessing marijuana and probation was granted on condition that she serve six months in the county jail.… Brenard v. Superior Court Page 1955 172 Cal. App. 2d 314 (1959) DONALD SMITH BRENARD, Petitioner, v. SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent.… Deacon v. Descendants of Betty Swanson Page 1956 This is an appeal from an order of the probate court denying a petition to determine heirship on behalf of certain legatees named in the will of deceased.… Blevins v. Palmer Page 1957 Plaintiff and respondent Rosalind M. Blevins'is the widow of A.… Leach v. Leach Page 1958 Jeanne Theresa Leach, defendant and cross-complainant in an action for declaratory relief brought by her former husband, has taken two appeals in said action.… People v. Patterson Page 1959 Defendants were convicted of first degree robbery and first degree burglary.… Sheppard v. City of Los Angeles Page 1960 Plaintiff seeks to recover damages for personal injuries caused by the negligent operation of the city’s fire fighting equipment and alleged dangerous and defective condition of public property.… People v. Williams Page 1961 Defendant was convicted of two charges of selling marijuana and one charge of possession of heroin.… Wright v. Rogers Page 1962 This is a suit to cancel a grant deed and three deeds of trust, to quiet title to two parcels of realty, for damages and other relief.… People v. Contrerai Page 1963 172 Cal. App. 2d 369 (1959) THE PEOPLE, Respondent, v. CECIL GARCIA CONTRERAI, Appellant.… People v. Grayson Page 1964 172 Cal. App. 2d 372 (1959) THE PEOPLE, Respondent, v. JUNIOR GRAYSON, Appellant.… Hecht v. Hecht Page 1965 This is an appeal from an interlocutory judgment granting a divorce.… Kolias v. Colligan Page 1966 This action arises out of a construction contract.… Dockrey v. Gray Page 1967 This is an appeal from a judgment in favor of plaintiff in an action by the holder of a mechanic’s lien to reach the surplus after sale of the property to which the lien attached, such sale having been made pursuant to a power of sale under a prior deed of trust.… Brisacher v. Brisacher Page 1968 Ethel Brisacher, petitioner herein, is the widow of Leo Brisacher, who died on March 17, 1958.… Bedford v. Bechtel Corp. Page 1969 Plaintiffs are six employees and the widow and a child of a deceased employee of Consolidated Western Steel which was hired as an independent contractor to erect certain oil storage tanks for Pacific Gas and Electric Company.… Leo J. Meyberg Co. v. Board of Trade Page 1970 This is an appeal by plaintiff from a judgment rendered in favor of defendant and respondent Board of Trade of San Francisco after respondent’s general demurrer to plaintiff’s second amended complaint was sustained without leave to amend.… This is an appeal by defendant company from a judgment for plaintiff, Bertha Hall, in her action based upon a title insurance policy issued by defendant.… People v. Rush Page 1972 The district attorney of Los Angeles County filed an information wherein defendant was charged in three counts with violations of Penal Code, section 476a, issuing checks without sufficient funds, a felony.… Burnham v. Franchise Tax Board Page 1973 This action was brought by plaintiffs, hereinafter called the “taxpayers,” to recover income taxes paid under protest to the State of California following disallowance by the Franchise Tax Board, hereinafter called the “Board,” of credit for certain Canadian income taxes paid by the taxpayers.… Clemens v. Franchise Tax Board Page 1974 The issues of law presented by this appeal are essentially the same as those involved in the companion case of Burnham v. Franchise Tax Board, ante, p.… Bunn v. Lucas, Pino & Lucas Page 1975 The two appellants and the four respondents in this case are lawyers.… People v. Velis Page 1976 Defendant was convicted of possession of heroin in violation of section 11500, Health and Safety Code.… People v. Barton Page 1977 172 Cal.App.2d 474 (1959) THE PEOPLE, Respondent, v. FRED J.… People v. Barrera Page 1978 In a court trial upon an information charging him in Count I with possessing marijuana and in Count II with selling and furnishing marijuana, Howard Richard Barrera was found guilty of Count II and Count I was dismissed in the interests of justice.… Rogers v. Southern Pacific Co. Page 1979 This is an appeal by plaintiff, Eula Rogers, administratrix of the estate of Jack E.… Vogt v. McLaughlin Page 1980 This action seeks damages for personal injuries allegedly sustained by plaintiff wife in an automobile accident, and for items of special damages paid by plaintiff husband for her treatment.… Neilsen v. Uyechi Page 1982 This is an appeal by the defendant and cross-complainant, Joe Uyechi, from a judgment on jury verdicts in favor of the plaintiffs and cross-defendants in personal injury and property damage actions which were consolidated for trial.… This is a petition for a writ of mandamus seeking a direction to the Superior Court of the County of Kings to hear and determine an action, in which action plaintiff (petitioner herein) seeks injunctive and other relief against allegedly unlawful picketing activity of defendants (the real parties in interest herein).… People v. Allen Page 1984 Appellant was charged with possession of firearm capable of being concealed upon the person by one previously convicted of a felony (Pen.… Brudvig v. Renner Page 1985 Decree of specific performance of a contract for sale of real estate directs defendant owner to convey described land to plaintiff buyer.… Muscolino v. Superior Court Page 1986 Petitioners seek a writ • of prohibition to restrain the respondent court from proceeding with the trial of an action in eminent domain.… Morgan v. Superior Court Page 1987 Petitioner is the plaintiff in an action for divorce commenced by her on August 1, 1958, against her husband Frederick J.… Greenberg v. Rose Page 1988 This is an appeal by defendants Rose, Cominos and Young from a judgment declaring plaintiff Greenberg to be entitled to one-fourth of the net profits of a joint venture for the production of a motion picture, the subject of which was mosaics.… People v. Bryson Page 1989 Arthur Bryson pleaded guilty to robbery and denied having suffered two prior felony convictions as alleged in the information.… Olson v. Jones Page 1990 This is an appeal from a judgment of nonsuit in favor of defendants Minugh following a trial in the Merced County Superior Court arising out of an automobile collision.… Estate of Robbins Page 1991 This is an appeal from an order admitting to probate the will of John L.… McKee v. State of California Page 1992 This is an appeal from a judgment denying appellant’s petition for a writ of mandate directed against the State of California, the Department of Finance and the members of the State Lands Division.… People v. Scorza Page 1993 Defendant was found giiilty as charged hy way of indictment filed by the grand jury accusing her and one Martin Ramirez of violation of section 11500 of the Health and Safety Code, to wit, selling, furnishing and giving away a narcotic, marijuana.… Kobus v. San Diego Trust & Savings Bank Page 1994 This is an action to impose a constructive trust on property owned by Edward Keller during his lifetime and to enforce an alleged oral agreement to make a will.… Mitchell v. Jones Page 1995 This is an appeal by plaintiffs from a judgment for defendant in an action for damages allegedly caused by acts of the defendant depriving plaintiffs’ property of its lateral support.… Scott v. Scott Page 1996 This is an action for specific performance of a contract and in the alternative, for damages for breach thereof.… Trussell v. City of San Diego Page 1997 Santa Ysabel Creek, also known as the San Bernardo River, rises on the westerly slope of Volean Mountain, in San Diego County, at an elevation of upwards of 5,500 feet and flows in a direction generally southwesterly to its junction with Santa Maria Creek, coming in from the south, below which the combined stream is… People v. Middleworth Page 1998 Defendant was found guilty by a jury of seven counts of an information charging violation of Penal Code, section 476a, issuing checks without sufficient funds.… People v. Rios Page 1999 After a trial before a jury defendant was convicted of five violations of Health and Safety Code, section 11500.… Cox v. Prudential Insurance Page 2000 Action to recover accidental death benefits under two life insurance policies.… Heathman v. Vant Page 2001 Appeal from an order denying defendant’s motion to set aside and annul interlocutory and final decrees of divorce.… Lozano v. Brant Page 2002 Appeal by plaintiffs from a judgment entered on an order sustaining a demurrer to the first amended *652 complaint, called the complaint, with leave to amend.… Baum v. Baum Page 2003 This is an appeal from an order denying the “plaintiff’s motion to appoint a receiver of, and/or order a sale of defendant’s interest in the partnership of J.… Stout v. Department of Employment Page 2004 This is an appeal by William R. Stout, who was discharged by his employer, Los Angeles Transit Lines on August 5, 1955, for misconduct connected with Stout’s most recent work with the employer.… Lillard v. Walsh Page 2005 This action sought a decree that two parcels of improved real property in the city of Los Angeles were held by defendants under a constructive trust for plaintiff.… People v. Conerly Page 2006 Appellant Conerly and codefendant, George Henry Hilton, were jointly charged by amended information with burglary in violation of section 459, Penal Code, in that on or about May 2,1957, they entered the Ewart Clothing Store with intent to commit theft.… People v. Muniz Page 2007 Defendant was convicted of violating section 11500, Health and Safety Code (possession of heroin).… People v. Best Page 2008 Defendant was charged, tried and convicted of a violation of Penal Code, section 424, subdivision 1 (embezzlement by a public officer).… Behr v. County of Santa Cruz Page 2009 Two actions by a number of property owners seeking damages to real and personal property from spread of a fire originating in a refuse dump owned and operated by defendant county were consolidated for trial.… Darter v. Magnussen Page 2010 Two consolidated appeals by defendant in a divorce action.… Neary v. Town of Los Altos Hills Page 2011 Defendants appeal from a judgment restraining them from enforcing an ordinance prohibiting the operation of trucks in excess of 12 tons gross weight on the streets of Los Altos Hills.… Noe v. Travelers Insurance Page 2012 Appellant’s suit against her employer’s insurance carrier for negligent delay in providing, and wanton misconduct in refusing, medical care raises the question whether such a liability can withstand the exclusive sweep of the Workmen’s Compensation Act.… Universal Land Co. v. All Persons Page 2013 Defendant Estelle Latta, purporting to act for herself and others, appeals from a judgment entered after an order sustaining demurrer by plaintiff to defendant’s answer without leave to amend.… People v. Fernandez Page 2014 Defendant was charged by indictment with four counts of felony: (1) violation of Health and Safety Code, section 11500 (sale of heroin on January 30, 1958); (2) violation of same section (sale of heroin on January 31); (3) violation of same section (possession of narcotic on February 4); (4) violation of Health and… Agnew v. Parks Page 2015 This is an appeal from a judgment entered on an order granting motions for nonsuit in an action based on a fifth amended complaint entitled “For Damages for Conspiracy to Obstruct the Orderly Prosecution of a Civil Action and for Concerted Refusal to Deal.… People v. Price Page 2016 By an indictment defendant was charged with violation of Health and Safety Code, section 11500, in that he did sell and furnish a narcotic, to wit, heroin.… People v. Perkins Page 2017 Paul Perkins was indicted for and in a court trial convicted of selling and furnishing heroin.… Kralyevich v. Magrini Page 2018 This is an appeal by defendant from an order granting a new trial on the issue of damages alone.… As in Universal Land Co. v. All Persons, Number 18579, this day decided (ante, p.… Housing Authority v. All Persons Page 2021 Defendant Estelle Latta, purporting to act for herself and others, appeals from a judgment on the pleadings in favor of plaintiff.… People v. Cotton Page 2024 Defendant appeals from a judgment entered on a jury verdict finding him guilty on two counts of selling heroin.… People v. Lopez Page 2025 Defendant Jesus Victor Lopez was charged by information with three counts of assault with a deadly weapon with intent to commit murder (Pen.… People v. Daniel Page 2026 Defendant appeals from a judgment entered upon a jury verdict convicting him of the unlawful possession of marijuana and from an order denying his motion for new trial.… People v. Collier Page 2028 Defendant-appellant was convicted by a jury of violating section 11500 of the Health and Safety Code (felonious possession of a narcotic, marijuana).… Steiner v. Parker Page 2029 Defendant appeals from a judgment in favor of plaintiff in the sum of $4,278 for architectural services rendered.… People v. Wilkins Page 2030 This opinion involves two separate appeals.… Hyatt v. Eckel Valve Co. Page 2031 This is an appeal by the defendant from an order confirming an arbitration award, from the judgment entered thereon, and from the order denying its motion to vacate the award.… Slaback v. Wakefield Page 2032 Plaintiffs-appellants, husband and wife, brought this action against defendant-respondent for claimed damages as a result of certain improvements to a roadway (designated as Lots A and B) in a tract of land laid out and dedicated by the owner-subdivider for the use and benefit of adjoining lot owners in the tract… Chiappe v. Eichenbaum Page 2033 Plaintiff opened an elevator door in defendants’ building, at the ground floor level.… Brown v. Brown Page 2034 This is an appeal by Frank Brown and Ernestine Brown, plaintiffs, from an order made and entered on May 14, 1957, granting the motion of the defendants, Lawrence Brown and Sara E.… People v. Wissenfeld Page 2035 In 1948, based upon his plea of guilty of the charge of assault with intent to commit robbery while armed, petitioner was sentenced to imprisonment in the state prison for the term prescribed by law.… Davinroy v. Thompson Page 2036 In this action for recovery of a real estate broker’s commission earned in negotiating an exchange of real estate, defendants appeal from a judgment in favor of the plaintiff broker.… Rubinow v. County of San Bernardino Page 2037 This is an appeal from a judgment of dismissal of plaintiffs’ complaint following the sustaining of a demurrer and the additional order at plaintiffs’ request that it be “without leave to amend.’’ In general substance the complaint alleges that March 28, 1956, Wynn Estelle Rubinow was killed in an automobile accident… Moxley v. Robertson Page 2038 Plaintiff Elayne H. Moxley purchased two Intertype machines and appurtenant equipment from the Intertype Corporation on a conditional sales contract.… This action presents the question whether a contract of December 31, 1951, designating plaintiff as agent of the defendant, was terminable at the will of either party.… Iusi v. Chase Page 2040 A claimed agreement of real estate brokers for a “three-way split” of commissions has led to this tripartite litigation.… Cromwell v. Heward Page 2041 This is an independent action in equity to set aside a default judgment taken against plaintiff.… Adler v. Blair Page 2042 Appeal from a judgment denying a third party claim.… Himmel v. City Council of Burlingame Page 2043 The notice of appeal states: “Plaintiffs are appealing all rulings, orders, and judgments, interlocutory or final, which in any way, or to any degree are adverse to the interests of the plaintiffs in the above-entitled action.… Goldman v. Goldman Page 2044 Defendant appeals from a judgment annulling the marriage of the parties upon the ground that defendant was of unsound mind at the time of the marriage.… The question presented for decision is whether the automobile insurance policy issued by defendant indemnity company provided coverage for the loss by theft of a Golden Goddess Cadillac which had allegedly been purchased by plaintiff-appellant.… Berl v. Rosenberg Page 2047 Plaintiffs, partners, are security brokers.… People v. Wojahn Page 2048 Defendant appeals from a judgment on a jury verdict finding him guilty of the crime of rape by use of drugs in violation of section 261, Penal Code, and from the order denying new trial.… People v. Rankin Page 2049 Defendant and one Rankin were jointly charged by amended information in Count I, with criminal conspiracy in violation of section 182, subdivisions 1 and 4, Penal Code; in Counts II, III, IV, VI, VIII, IX, X, XII, and XIII, with violations of the Corporate Securities Law (Corp. Code, § 26104, subd.… Plaintiff brought this action to recover $9,355.07, comprising additional assessments levied by defendant against plaintiff in 1955.… Ford v. Ford Page 2051 John J. Ford wrote his holographic will when he was 94 years of age and died four years later.… People v. Patterson Page 2052 A jury found defendant guilty of violating Health and Safety Code, section 11714, in that he unlawfully furnished a narcotic (marijuana) to Lois Mae Aleshire, a minor.… The Board of Police Commissioners of Los Angeles revoked the 1956 permit of Sultan Turkish Bath, Inc., to conduct a Turkish bath, and denied its application for a 1957 permit.… Chapman v. Chapman Page 2054 Respondents, who were plaintiffs in this action in the trial court, are the heirs at law of William Robert Chapman, deceased.… Whitney v. Whitney Page 2055 Plaintiff, Merry Katrinka Whitney, through her guardian ad litem, Merry Kathleen Whitney, appeals by a settled statement from the minute order denying her motion for temporary support pending trial.… Bazaure v. Richman Page 2056 Appellant, a tenant of a furnished apartment in respondent’s building, was injured while attempting to extinguish a fire in her apartment.… Christensen v. Bocian Page 2057 Plaintiff appeals from a judgment based upon an adverse jury verdict in a personal injury action.… Appeal from judgment denying petition for peremptory writ of mandate which would require respondents to set aside an order revolting petitioner’s on-sale liquor license.… This is an action for recovery of compensation for certain labor and materials furnished defendant (general contractor) in the excavation and construction of certain streets, curbs, gutters, etc., in a designated tract in the city of Palos Verdes Estates.… People v. Martinez Page 2060 Convicted on two counts charging sale and possession of marijuana, appellant has presented to this court his contentions (1) that the evidence was insufficient to sustain the judgment on either count, and (2) that the arresting officers entered his apartment without a warrant and without reasonable cause, so that the… People v. Catlin Page 2061 Appellant, a police officer of the city of Los Angeles at the time of the offenses charged, was convicted in a jury trial of burglary in the second degree, petit theft, and attempted extortion.… Embree Uranium Co. v. Liebel Page 2062 Plaintiff here recovered a judgment for $40,000 against defendant (appeal decided by this court May 26, 1958 [160 Cal.App.2d 827 (325 P.2d 516)]).… Curphey v. Superior Court Page 2063 Petitioner, the duly appointed coroner of the county of Los Angeles and an officer in the classified civil service under the charter of the county, seeks a writ of prohibition to restrain the respondent court from trying him upon an accusation returned by the grand jury of the county under section 3060 of the… People v. Proctor Page 2064 In an information filed by the District Attorney of Los Angeles County, defendant was accused of the crime of grand theft (Pen.… People v. Gurule Page 2065 This is an appeal from an order denying appellant’s petition for a writ of error coram nobis.… People v. Shephard Page 2066 This is an appeal from a judgment of conviction of the crime of violation of section 11502, Health and Safety Code.… People v. French Page 2067 Appellant above-named has appealed from the judgment entered after a jury found him guilty of robbery in the first degree.… On the petition of the Director of the Department of Alcoholic Beverage Control, the superior court granted a writ of mandate ordering the respondent Alcoholic Beverage Control Appeals Board to set aside its decision and order thereon which reversed the director, who had found the licensees guilty as charged in Count… Nielsen v. Hannaford Page 2069 Emil H. Nielsen, as executor of the last will of Jane G.… Hunter v. Croysdill Page 2070 Defendant Mark C. Crawford 1 appeals from a judgment entered in plaintiffs’ favor in their action to recover money due for credit extended to an ostensible partnership.… Clark v. Lesher Page 2071 This is an appeal from a judgment entered by the court after a trial of special defenses in an action for damages for fraudulent conspiracy.… This is an appeal from a judgment denying recovery of additional assessments of franchise taxes paid under protest.… Pacific Hardware & Steel Co. v. Cheim Page 2073 A fire which originated in defendant’s lumber yard spread to the adjoining building of plaintiff.… People v. Lopez Page 2074 By way of information, defendant was charged in three counts with possession of heroin, marijuana and amidone, in violation of section 11500, Health and Safety *346 Code; and with three prior felony narcotic convictions.… Crowell v. Braly Page 2075 This is an appeal from a judgment decreeing specific performance of an option to purchase 320 acres of land in Tulare County.… Gascon v. Superior Court Page 2076 Pursuant to the provisions of 999a of the Penal Code, petitioner seeks a writ of prohibition predicated upon the grounds that there was no competent evidence before the committing magistrate to establish probable cause for his being held to answer and that the respondent court erred in denying his motion, made… McDonald v. McPherson Page 2077 This is an appeal by the public administrator of the county of Solano, from that part of an order in probate which appointed respondent administrator with the will annexed of the estate of Hazel S.… People v. Garcia Page 2078 Convicted of armed robbery (Pen. Code, § 211), defendant Garcia claims that prejudicial errors occurred in instructing the jury.… Jones v. Wray Page 2079 This is an appeal from a judgment after a verdict of a jury in favor of the defendants in a personal injury action brought by a minor plaintiff.… Dickens v. Bunker Page 2080 The two judgments here presented for review are identical in form and were rendered in companion cases, which were consolidated for purposes of trial.… Petitioner herein was charged with a violation of Section 10, subdivision (a) of the Chiropractic Act, an initiative act adopted in 1922 [Stats.… Bonadelle Construction Co. v. Hernandez Page 2082 This is an action for specific performance or damages.… People v. Williams Page 2083 Defendant was convicted of grand theft and sentenced to prison.… County of Santa Clara v. Doll Page 2084 The question here at issue is whether a county can maintain an action against an alleged natural father to recover moneys laid out, and to be laid out by it, for the support of a minor child where it must allege and prove that the child conceived during the wedlock of the mother and her legal husband is, in fact, the… Batchelor v. Finn Page 2085 169 Cal. App. 2d 410 (1959) 341 P.2d 803 GEORGE E.… People v. Schulze Page 2086 Appellant Arthur Schulze and one Prank John Schütz (note the difference in spelling of surnames) were jointly tried and convicted of violation of section 288a, Penal *431 Code.… Rooney v. Sullivan Page 2087 This is an appeal from a judgment entered on an order sustaining without leave to amend defendant’s demurrer to plaintiff’s second amended complaint.… California Central Airlines v. Fritz Page 2088 Plaintiff appeals from summary judgment in favor of defendants.… People v. Arter Page 2089 Appellant was convicted and sentenced to state prison for possession of heroin.… Osmulski v. Superior Court Page 2090 Stanley Osmulski, petitioner, an inmate of the State Prison at Folsom, California, was on May 30,1958, confined to Folsom Honor Camp Number 7 in Placer County and was thereafter charged with escape therefrom.… People v. Torres Page 2091 This is an appeal from a judgment of the Humboldt County Superior Court, following a plea of guilty to one count of a complaint, a dismissal of a second count, and the certification of the cause to the superior court for further proceedings.… Price v. Slawter Page 2092 Petition by appellant John D. Slawter, Jr., for writ of supersedeas and temporary stay.… Mann v. Andrus Page 2093 This is an appeal from a judgment in favor of the defendant in an action based upon a promissory note.… Crow v. City of Lynwood Page 2094 This is an appeal from a judgment which in effect provided that the appellant had delayed beyond the statutory period the filing of his petition for a judicial review of an action of an administrative board, and that the determination of the board was final.… People v. Alcala Page 2095 Defendant was convicted of violating section 11500, Health and Safety Code (possession of marijuana).… People v. Perez Page 2096 This is an appeal by defendant from a judgment of conviction of grand theft and from the order denying his motion for a new trial.… This is an action by Pearl Bialy, the divorced wife of Charles P.… Gottesman v. Simon Page 2098 Plaintiffs and appellants, husband and wife, brought this action against defendant and respondent for personal injuries claimed to have resulted from an automobile accident.… Ford v. Loaney Page 2099 This is an appeal (according to the notice of appeal) by the defendant William A.… Van Houten v. Whitaker Page 2100 Plaintiffs’ action was one to impose a trust upon one-half of the distributable property in the estate of Clara Haydock, deceased.… McGinnis v. Monjoy Page 2101 By this proceeding respondent seeks an order dismissing the appeal herein on the ground that appellant has failed to comply with the rules on appeal in that no record on appeal has been completed as provided for in rule 10(a) of the Rules on Appeal.… People v. Whearty Page 2102 In an information filed by the district attorney of Los Angeles County defendants were accused of violating section 245 of the Penal Code in that on or about February 13, 1958, they committed an assault upon Harold James Schlarman by means of force likely to produce great bodily injury.… Harris v. Havenar Page 2103 Appellants Havenar and Cantrall challenge a judgment for $2,000 in favor of respondent Ira Harris, doing business as B & H Electric, which was entered pursuant to an order affirming an arbitrators’ award and denying appellants’ motion to vacate, modify or correct the same.… People v. McDaniel Page 2104 Harold L. McDaniel was indicted for and in a jury trial convicted of selling heroin.… Ottosen v. Lilley Page 2105 This is an appeal from a decree modifying a decree of final distribution by striking therefrom a portion relating to after-discovered property.… Hinrichs v. Maloney Page 2106 On December 17, 1957, the jury in this action for false arrest and imprisonment, returned a verdict for the plaintiff-appellant and against the defendant-respondent in the sum of $3,000.… People v. Pond Page 2107 In count one of an information appellant was charged with the crime of burglary (Pen.… People v. Wade Page 2108 An information was filed by the district attorney of Orange County charging appellants with the crime of robbery, a violation of Penal Code, section 211.… Clapp v. Hester Page 2109 Eugene Fredericks met death in an automobile accident.… Petitioner appeals from, a judgment of the superior court which denied his petition for a peremptory writ of mandate and quashed an alternative writ previously issued.… Petitioner Pari-Mutuel Employees’ Guild, Local 280, Building Service Employees International Union, appeals from a judgment entered pursuant to the court’s denial of its petition for an order directing arbitration under a collective bargaining agreement between petitioner and Los Angeles Turf Club, Inc., Hollywood… Beck v. Combs Page 2112 Myrtle Broyles Combs, .formerly. Myrtle Broyles, has appealed from a judgment in favor of tbe-.… People v. Adame Page 2113 In an information filed on February 25, 1958, the appellant, Baymond Adame, was accused of the crime of possessing marijuana (two counts), in violation of section 11500 of the Health and Safety Code, alleged to have been committed on the 22d day of January, 1958.… Fuller v. Chambers Page 2114 Plaintiffs brought, this action for the wrongful death of their son who was killed while" riding as "a gúést' ih a'ear owned'by defendant California Mbetfife Supply Company and driven by defendant Chambers.'"' 'The first trial, resulted in a nonsuit which was reversed in Fuller v. Chambers, 142 Cal.App.2d 377 [298… Appeal from a judgment decreeing that an automobile be forfeited to the state, subject to the lien of the legal owner, on the ground it had been used in the unlawful transportation of narcotics.… People v. Clifton Page 2116 The court, sitting without a jury, found defendant guilty of possessing marijuana.… Monty v. Orlandi Page 2117 Plaintiff Ralph Monty commenced an action against the above-named defendants [Martin Orlandi, individually and doing business under the firm name of Marino’s Club, and John Collie] to recover for injuries sustained when plaintiff was struck by defendant John Collie, who was a bartender in the employ of defendant… Wilson v. Schnauss Page 2118 Frank E. Dolan, predeceased husband of Lulu E.… Sweet v. Johnson Page 2119 This is a judgment roll appeal from a judgment in favor of defendant in an action to recover damages for breach of contract.… Jones v. Regan Page 2120 This is an action for damages for personal injuries alleged to have been suffered from a fall caused by a defective porch floor.… Estate of Manley Page 2121 This is an appeal on the judgment roll from an order in probate directing the exclusion from the gross estate accounted for of money received as death benefit from Teachers’ Retirement System of the State of California.… Hoffman v. City of Palm Springs Page 2122 This is an action for damages for personal injuries alleged to have been suffered by appellant Ann Hoffman when she stepped into an unlighted and unguarded excavation constructed and maintained by respondent city of Palm Springs upon a public sidewalk in said city.… People v. Filcher Page 2123 Appellant was charged with having assaulted one J.… Proceeding in eminent domain. A jury found the market value of the property sought to he condemned.… Rudolph v. Gorman Page 2125 In a jury trial of a libel action against Milton S.… In 1946, Betty Viner, Business Women’s Association, and Western States University obtained a judgment for $6,000 against Mary Untrecht, who is now known as Mary Digoras and is the defendant herein.… Gainer v. Storck Page 2127 This is an appeal from a judgment for plaintiffs in an action for damages resulting from upset damage to a truck caused by faulty brake repair and from loss of use.… Vick v. Grasser Page 2128 This is an appeal by Orville C. Vick, Jr., and Loraine Vick from a judgment in an action brought by them against Florence S.… Strzelczyk v. Marki Page 2129 Plaintiffs appeal from a judgment on an order sustaining demurrer to second amended complaint without leave to amend.… Setzer v. All Steel Engines, Inc. Page 2130 In this action, based upon a contingent feé contract, plaintiff asserts a one-fourth interest in certain" properties acquired by All Steel Engines, Inc., and George A.… People v. Copeland Page 2131 Defendant appeals from a judgment entered on a jury verdict finding him guilty on seven counts of forging a prescription for a narcotic (Health & Saf.… People v. Jordan Page 2133 Defendant appeals from a judgment of conviction of one count charging violation of Penal Code, section 220, and from a second count charging violation of Penal Code, section 286.… Clark v. Henderson Page 2134 This is an action for damages for personal injuries sustained by plaintiff when he fell from a horse owned by the defendants.… Plaintiff appeals from a judgment in favor of defendants.… People v. George Page 2136 Defendant Edith Blair, also known as Edith George, appeals from a judgment rendered on a jury verdict finding her guilty of grand theft from the person of another (Pen.… Grenall v. Grenall Page 2137 169 Cal.App.2d 748 (1959) MAY H. GRENALL, Appellant, v. ALEXANDER GRENALL, Respondent.… Bonsall v. Bonsall Page 2138 The judgment here presented for review determines that defendant and respondent Levi Bonsall is the natural father of Deborah Bonsall, a minor.… People v. Alesi Page 2139 Defendant was convicted of violating section 11500, Health and Safety Code, in that he, on or about January 7, 1958, was in the unlawful possession of heroin.… Storey v. Shasta Forests Co. Page 2141 This is an appeal from a judgment entered in favor of the defendants after their demurrer to the complaint was sustained and plaintiff failed to amend.… People v. Rodriguez Page 2142 Defendant pleaded not guilty to two counts of an information charging sale of heroin on August 31 and September 3, 1957, in violation of section 11500, Health and Safety Code; and denied two prior felony convictions alleged therein.… The Department of Alcoholic Beverage Control filed an accusation against the Hallwell Company, a corporation, charging violation of section 25602 of the Business and Professions Code.… Besoyan v. Setrakian Page 2144 This is an appeal from a decree prorating and charging the federal estate taxes aud California inheritance taxes among the devisees and legatees of Abkar Setrakian, deceased.… People v. Deerman Page 2145 The appellant and a codefendant by an information were charged in Count One with armed robbery, a violation of Penal Code, section 211; and in Count Two with assault with a deadly weapon, a violation of Penal Code, section 245.… Currie v. Stolowitz Page 2146 Plaintiff, C. R. Currie, an individual doing business under the firm name of Pacific Heating and Sheet Metal Company, appeals from a judgment in favor of *812 defendants, a copartnership, doing business under the firm name of Empire Electrical and Mechanical Company, entered after trial limited to the issue of whether… Kessler v. Sapp Page 2147 Plaintiffs agreed in writing to purchase from defendants a parcel of unimproved property for subdivision purposes.… People v. MacK Page 2148 In Number 6421 defendant was charged in three counts with forgery.… Forgeron Inc. v. Hansen Page 2149 This is an action for damages alleged to have been caused by the failure of defendants as general contractors to award plaintiff a subcontract for the plumbing in the construction of a college gymnasium and swimming pool in Bakersfield.… Brown v. National Royalties, Inc. Page 2150 This is an action brought by plaintiff as assignee of two corporations to obtain a judgment against the defendant for the purchase price of fertilizer and insecticides sold and delivered to it by plaintiff’s assignors.… Southern California Gas Company and Southern Counties Gas Company of California, corporations, hereinafter referred to as the “Gas Companies,” brought this action in inverse condemnation against the Los Angeles County *842 Flood Control District, a body corporate and politic, hereinafter referred to as the “District,”… Shoopman v. Pacific Greyhound Lines Page 2152 This is an appeal by plaintiff J. B. Shoopman from an order granting Pacific Greyhound Lines, a corporation (hereinafter referred to as “Greyhound”), a nonsuit and from an order granting a new trial to defendants Alma Lewis Simic, sued herein as Alma Lewis, and Dave Compton in an action to recover damages for… Pitts v. Fletcher Page 2153 This is an action for rescission of a contract of sale, cancellation of a promissory note given for the purchase price, and for damages for breach of contract.… People v. Underhill Page 2154 Defendants and Appellants Charles Frederick Underhill, Daniel Martin Wynn, and Rita Irene Wynn were charged with the unlawful possession of a narcotic (marijuana) on June 20, 1958, in violation of section 11500 of the Health and Safety Code.… Defendants appeal from an order denying their motion for change of venue from San Francisco to Los Angeles.… Blackman v. MacCoy Page 2156 Appellant, a judge of the municipal court, appeals from a judgment of the superior court which granted a peremptory writ of prohibition commanding and ordering the appellant to desist and refrain from any further proceedings in an action known as People of the State of California v. A.… Ismay v. Tyler Page 2157 In April, 1955, plaintiff, a collection agency, procured a judgment of $444.59 against defendant upon a claim assigned to it for collection by Kyle and Company.… Reed v. Hollywood Professional School Page 2158 Plaintiff, a 5-year-old Negro girl, by her guardian ad litem, appeals from the order and judgment of nonsuit; she claimed damages for violation of her civil rights under the provisions of Civil Code, sections 51, 52, 53 and 54, because of defendant’s refusal to enroll her in defendant’s school by reason of the fact… Monroe v. Lashus Page 2159 This action arose out of an accident which occurred November 19, 1954, at about 1 a.… Fairchild v. Adams Page 2160 Plaintiff appeals from the judgment for defendant in his action for malicious prosecution.… James v. Spear Page 2161 Plaintiff and appellant brought this action to recover damages from defendant and respondent (a physician practicing his specialty in eye, ear, nose and throat conditions) for alleged negligence resulting in injury to appellant’s right eye.… Evola v. Wendt Construction Co. Page 2162 The main question here is whether a corporate surety bond given by an owner and subdivider of land to the county of Contra Costa, pursuant to the re *23 quirements of an ordinance, protects a contractor so as to enable him to sue thereon for moneys due him for constructing, at the instance of the subdivider, the… People v. Perez Page 2163 Appellants Perez and Laran were charged jointly with one Manuel Garcia, Jr., in four counts with possession, sale and transportation of, and with conspiracy to possess, transport and sell marijuana and heroin.… People v. Postell Page 2164 Defendant was convicted of possession of marijuana in violation of section 11500, Health and Safety Code, denied probation and sentenced to the state prison.… People v. Burgess Page 2165 Appellant was charged in five counts with accepting bribes (Pen.… People v. Carskaddon Page 2166 Defendant was charged with a violation of section 647a, subdivision 1, of the Penal Code, the information also alleging two prior convictions of section 288 of the Penal Code.… Carr v. City & County of San Francisco Page 2167 This appeal from a judgment of nonsuit is presented on an agreed statement.… Alexander v. Superior Court Page 2168 By his petition filed herein Herbert Alexander seeks a writ of prohibition to restrain the superior court from taking further proceedings under or upon a cross-complaint filed against him by the real party in interest Lewis Jones.… Cicinelli v. Iwasaki Page 2169 Appeals are here taken from the judgments rendered in two unlawful detainer actions which were consolidated for purposes of trial.… People v. Banks Page 2170 In a court trial, William Banks was convicted of possessing marijuana and was sentenced to state prison.… Hylton v. Badgley Page 2171 Plaintiffs appeal from a judgment in favor of defendants in an action brought to recover an alleged balance due on a promissory note.… People v. Brown Page 2172 As a result of a jury trial defendant-appellant Harry Stanley Brown was convicted of burglary, second degree.… McDonald v. Foster Memorial Hospital Page 2173 Plaintiff, a child of 10 years, was admitted to defendant hospital for the removal of tonsils and adenoids.… Corwin v. Gormly Page 2174 The holographic will of W. S. Gormly was admitted to probate and letters of administration with the will annexed were issued to appellant.… Penzner v. Foster Page 2175 This is an appeal from a judgment in an action brought by appellants to quiet title to a parcel of real property.… Sullivan v. Schellinger Page 2176 This is an appeal by defendant from a judgment in favor of plaintiff Sullivan in an action for personal injuries resulting from a “blowout” of a plug in a heating main which the court found occurred as a result of defendant’s negligence.… Buck v. Jewett Page 2177 Leonard L. Buck and his wife, Joy Buck, appeal from an adverse judgment in an action brought by them *116for the purpose of having a deed absolute in form declared to be a mortgage.… Chandler v. Smith Page 2178 In the year 1953, the defendants, Walton and Smith, deeded certain real property situated in Sutter County to one Frederick J.… People v. Thurmond Page 2179 This is an appeal by defendant from an order denying his motion for a new trial following his conviction of 20 counts of violation of section 288a of the Penal Code.… Lewis v. Firestone Page 2180 Originally, this was an action against other makers, under sections 1431-1432 of the Civil Code, for contribution by some of the joint and several makers of a note who, allegedly, were compelled to pay said note.… People v. Spencer Page 2181 Defendants Alonzo Charles Spencer, John Henry O'Neal and Phillip O’Neal were charged in Count 1 of the information with a violation of Penal Code, section 182 (conspiracy to commit the crime of forgery), on July 6, 1958.… Muller v. Reagh Page 2182 Successful on appeal in Muller v. Reagh (1957), 150 Cal.App.2d 99 [309 P.2d 826], plaintiff filed a memorandum of costs on appeal.… By writ of review petitioner seeks to annul an award of the respondent commission which denied him a penalty pursuant to section 5814 of the Labor Code, of 10 per cent on certain items of the commission’s award to him.… People v. Walker Page 2184 An information was filed against the defendant charging him with a violation of section 11500, Health and Safety Code, in that he had “in his possession a preparation of heroin.” He was arraigned and entered thereon a plea of not guilty.… Carse v. Zarevich Page 2185 This is an appeal from an order denying defendant’s motion for a change of venue to the county of defendant’s residence.… Soderling v. Tomlin Page 2186 This is an appeal by the defendants from a judgment cancelling and rescinding a land purchase option agreement entered into between plaintiffs as the purchaser-optionees and defendants as the owner-optioners.… Perry v. Cassidy Page 2187 Mildred Cassidy appeals from a judgment finding her liable on a contract of guaranty.… Barnett v. Keilig Page 2188 This is an action for damages for personal injuries sustained by plaintiff when she was struck by defendant's automobile while walking across a street intersection in the city of San Francisco.… People v. Carr Page 2189 Defendant was convicted by a jury of selling heroin in violation of section 11500, Health and Safety Code.… Carter v. Milestone Page 2190 This action was brought by Arthur Carter and Jed Harris against Lewis Milestone, the complaint alleging that a controversy existed between the plaintiffs and defendant whether defendant had any contract rights in connection with the writing and production of a screen play, its release, distribution and exploitation… Evarts v. Jones Page 2191 Plaintiffs appeal from: (1) an order sustaining demurrer to amended complaint without leave to amend; (2) judgment in favor of defendants entered pursuant to order sustaining demurrer; and (3) order refusing to set motion for new trial for hearing.… Wardlow v. Pozzi Page 2192 This is an appeal from a judgment sustaining a demurrer to plaintiff’s first amended complaint without leave *209 to amend in an action to quiet title and for declaratory relief.… People v. Judd Page 2193 Defendant was charged with two counts of selling heroin in violation of section 11500 of the Health and Safety Code.… Burhans v. County of Kern Page 2194 This is an action for refund of taxes paid under protest to defendant county of Kern on account of assessments on barley produced by plaintiffs and pledged to the Commodity Credit Corporation as security for advances made to plaintiffs under the federal farm program in the year 1954.… People v. Gunn Page 2196 This is an appeal from a judgment wherein appellant was convicted of a violation of section 207, Penal Code (kidnapping).… People v. Baker Page 2197 This is an appeal from a “decision,” judgment and sentence, and from a denial of a motion for a new trial.… Carlson v. Glanville Page 2198 Plaintiff-appellant Douglas Carlson, aged 12, through his guardian ad litem Hilda Goclowski, and Hilda Goclowski individually, brought this action for damages against defendant-respondent Donald C.… People v. Kuykendall Page 2199 Appellant and his codefendant Mary Ellen McGrew were charged with the wilful, unlawful and felonious possession of the narcotic marijuana in violation of section 11500 of the Health and Safety Code.… Brown v. Guy Page 2200 This action, one for malpractice against the defendant, a chiropractor, has been twice tried and is now before this court on its merits a second time.… Salcido v. Jensen Page 2201 This is an appeal from an order denying a motion to vacate an order confirming the sale of certain real property of the estate of the incompetent.… Stanton v. Andrews Page 2202 Motion to dismiss appeal. Plaintiffs, respondents herein, filed a complaint for personal injuries and property damage arising out of an automobile accident occurring February 5,1958.… Colla v. Beaver Lumber Co. Page 2203 J.— Plaintiffs above-named [Sam P. Colla, and Prank Volano and Marino Fanucchi, partners under the firm name and style of Kelly Box Company] have appealed from a judgment in favor of defendants in an action in which plaintiff Sam P.… Mettler v. Hedley Page 2204 Plaintiff-appellant brought this action against de£endants-resp ondents for reformation of a written contract, alleging generally that on January 31, 1957, defendants, except Hedley, made and entered into a written agreement in Kern County involving a written lease of land between one R.… People v. Marsh Page 2205 Appellant was charged with the crime of escape from a state prison, in violation of section 4530 of the Penal Code.… People v. Ely Page 2207 Defendant appeals from judgment entered upon jury verdict finding him guilty of violation of Penal Code, section 288.… Esparza v. Kadam, Inc. Page 2208 On March 7, 1958, plaintiff instituted this action for involuntary dissolution of defendant corporation.… People v. Blalock Page 2209 Respondent moves to dismiss this appeal on the ground that there is no merit therein; that it is sham and frivolous, and presents no appellate objective.… Masque Theater Corporation brings this action against the city of Los Angeles and certain of its officers for an adjudication of its right to exhibit a motion picture which it has contracted to exhibit and which the defendants allegedly claim would be in violation of certain provisions of Ordinance 77000 of the city… Foster v. Foster Page 2211 This is an appeal from an order denying a motion for change of venue, and overruling appellant’s objections to the jurisdiction of the trial court.… Johnson v. A. Schilling & Co. Page 2212 Plaintiff appeals from a judgment in favor of defendants entered upon a verdict directed by the court.… Bender v. Bender Page 2213 Defendant and cross-complainant appeals from orders denying a change of venue, modifying an existing custodial decree granted in an action for divorce and denying her motion for a change of custody.… This is an action upon a claimed oral agreement for the sharing between brokers of a commission on sale of real estate.… Frazee v. Civil Service Board Page 2215 This is an appeal by petitioner from a judgment denying a peremptory writ of mandate to compel his reinstatement as a police officer of the city of *334 Oakland.… Wuelzer v. City of Oakland Page 2216 This is an appeal by plaintiff from a summary judgment entered against her and in favor of respondent The Pacific Telephone and Telegraph Company pursuant to section 437c of the Code of Civil Procedure.… People v. Askew Page 2217 This is an appeal from a judgment of conviction of the crime of grand theft.… King v. Karpe Page 2218 This is an appeal by defendant-appellant from a judgment entered upon a jury verdict in favor of plaintiff-respondent for damages by reason of the destruction of a registered Hereford cow.… Estate of Hale Page 2219 Deceased died on November 25, 1956, and his will was admitted to probate.… People v. Griffin Page 2220 Defendant was indicted, tried and convicted on three counts of embezzlement of public money and sentenced to state prison.… Murry v. Manley Page 2221 This is an appeal from a judgment of nonsuit entered in a wrongful death and personal injury action.… Scarbery v. Bill Patch Land & Water Co. Page 2222 This is an action for declaratory relief, to quiet title, and for a judgment declaring that all rights of the defendants arising out of a “lease and option to buy” have been terminated and canceled by reason of their failure to perform the conditions and covenants therein to be performed by them.… Stewart v. Miranda Page 2223 This personal injury action was tried to the court sitting without a jury.… People v. Jaquish Page 2224 Defendant was charged with violation of section 288, Penal Code, the victim being a 13-year-old girl named Carol.… Gilb v. Gilb Page 2225 Eva sued Frank for divorce. Frank filed a cross-complaint in which he sought an annulment or, in the alternative, a divorce.… This is an appeal from a judgment in favor of the plaintiff, Pacific Telephone and Telegraph Company, in an action to recover sums paid to settle a wrongful death action against Pacific Telephone and Telegraph Com *389 pany, brought by the heirs of one Leon Pettus.… Stoetzner v. City of Los Angeles Page 2227 Plaintiffs appeal from the judgment of the lower court denying their application for a peremptory writ of mandate directed to the defendant city of Los Angeles and the defendant Board of Building and Safety Commissioners of that city.… Dunitz v. City of Los Angeles Page 2228 Plaintiffs appeal from a judgment dismissing the action entered after defendants’ demurrer to *401 the complaint as amended had been sustained without leave to amend.… Fogarty v. McGuire Page 2229 Following the rejection of her claim by defendant executor, plaintiff recovered judgment against the estate on an alleged account stated in the sum of $7,000, less certain credits.… In each of the above matters we have before us for review an award by the respondent commission by which petitioner, Fireman’s Fund Indemnity Company, hereinafter called “Fireman’s,” was denied a lien for the full amount paid by it to the injured employee as unemployment insurance benefits.… Stuckman v. Woodhull Page 2231 Appeal from judgment for defendant entered pursuant to an order sustaining without leave to amend a demurrer to plaintiffs’ complaint.… Mastelotto v. Harbor Box & Lumber Co. Page 2232 Appeal by plaintiff from a judgment of dismissal entered on the granting of defendant’s motion.… Foote v. Foote Page 2233 On April 12, 1957, plaintiff Paula Fisher Foote, then Paula Fisher, was injured while riding in an automobile driven by Richard Foote.… This is an appeal from an order granting defendant’s motion for a change of venue from the Superior Court of the City and County of San Francisco to the Superior Court of Los Angeles County.… People v. Scott Page 2235 Alice Jones, Robert L. Pittman and defendant William E.… Merey v. Los Angeles Transit Lines Page 2236 This is an appeal from a verdict and judgment wherein the minor plaintiff, Maria E.… People v. Shapiro Page 2237 This is an appeal from a judgment of conviction of the crime of violation of section 653f, Penal Code (soliciting a bribe).… Holtman v. Ledford Page 2238 This is an appeal by defendant from a judgment in favor of plaintiff on a promissory note.… Wynn v. Wynn Page 2239 This is an action for divorce. Judgment was rendered for plaintiff for divorce providing for the custody and support of the minor child, defining disputed property rights, and allocating community property.… People v. Gould Page 2240 Appellant was charged with the crime of burglary (Pen.… Aronstein v. Aronstein Page 2241 This case presents the narrow issue whether the record supports an order that respondent pay $50 per month for support of appellant from whom respondent was divorced upon the ground of incurable insanity.… People v. Bias Page 2242 Defendant was charged with three felony counts: (1) burglary; (2) violation of section 288a, Penal Code; (3) assault with a deadly weapon.… Devencenzi v. Donkonics Page 2243 This is an appeal from a judgment in favor of the defendants entered after appellants declined to amend their amended complaint after the sustaining of a demurrer thereto.… Meyer v. Burdett Oxygen Co. Page 2244 Plaintiff, cross-defendant and respondent, an individual doing business as Bakersfield Welding Supply, brought an action for declaratory relief in Kern County, seeking a declaration of the respective rights and duties of plaintiff and defendant, cross-complainant and appellant, the Burdett Oxygen Company of… People v. Simpson Page 2245 Defendants-appellants Joseph A. Simpson, Gary F.… Stone v. Slusser Page 2246 Appeal by husband of decedent from an order striking his petition to determine heirship and community interest.… Tetrick v. Sloan Page 2247 Judgment was entered for defendant at the conclusion of a nonjury trial in which plaintiff sought to recover for real estate brokerage services.… This is an appeal from a denial by the Superior Court of Monterey County of a writ of prohibition, directed to the Municipal Court of the Salinas Judicial Dis *551 trict, which would have ordered the municipal court to desist from proceeding in a criminal action on the ground of the unconstitutionality of the involved… Berg Metals Corp. v. Wilson Page 2249 Plaintiff, as successor in interest to Berg Metals Company, recovered judgment for $14,374.58 from defendants-appellants Harry R.… Hunter v. Hunter Page 2250 Plaintiff appeals from an order quashing a writ of execution issued to enforce provisions of an interlocutory decree of divorce requiring defendant to make payments for support of children.… People v. Allen Page 2251 The People have appealed from a judgment for the defendant which followed the sustaining of his demurrer to the information without leave to amend.… Ball v. Citizens CasUalty Co. Page 2252 George E. Ball was killed in an airplane accident while crop dusting.… Kincaid v. Berg Page 2253 This is an appeal from a judgment in an election contest which cancelled a certificate of election issued to the appellant by the Board of Supervisors of San Benito County and adjudged that neither the appellant nor the respondent had been elected at the primary election.… People v. Blakeman Page 2254 Upon an information charging violation of section 702, Welfare and Institutions Code, defendant pleaded guilty to the lesser charge of assault and battery and proposed that as part of any sentence he would leave the community.… People v. Rosenberg Page 2255 The district attorney of Los Angeles County filed an information wherein defendants were charged with the crime of burglary (Pen.… Casamello v. Hamman Page 2256 — In this guardianship proceeding Lowell Chandler, the father of the ward, and Louise Casamello, the child’s maternal grandmother, filed separate petitions for the revocation, inter alia, of letters of guardianship that had been granted to respondents over the person and estate of George Ernest Chandler, a minor.… People v. Cartier Page 2257 In a court trial, Thomas George Cartier was convicted of second degree burglary and was sentenced to nine months in the county jail.… Pacts The respondent board of supervisors enacted a land use plan for Orange County entitled “The Districting Ordinance.” The respondent, The Roman Catholic Archbishop of Los Angeles, petitioned the Orange County Planning Commission for a conditional use permit for the establishment of a church and an elementary… We have here two appeals, one by the plaintiff in the case of Safeway Stores, Inc. v. City of Burlingame and the other by the defendant in Gray v. City of Burlingame.… Volandri v. Hlobil Page 2261 Defendant, J. S. J. Hlobil, appeals from a judgment in favor of the plaintiff-payee in an action on a promissory note signed by defendant and one T.… Roberts v. Patterson Page 2262 This is an appeal from a judgment in favor of the defendants, rendered on a jury verdict in an action for personal injuries sustained by a tenant, plaintiff Lola Roberts, who tripped over a rug in the common hallway of an apartment house owned and operated by the defendants.… Santiago v. Underwood Page 2263 This is a proceeding to determine heirship.… Rivas v. Industrial Accident Commission Page 2264 This is a proceeding to review, at the petition of Fred M.… Newman v. Albert Page 2265 This is an action for declaratory relief and for specific performance of a contract for the purchase and sale of real property.… Green v. Sprague Ranches Page 2266 May 3, 1956, plaintiffs let to one McNally, by a written lease, certain farm land under a one-quarter gross crop rental with termination date December 31, 1957.… Dussault v. Condon Page 2267 This is an action for false arrest and false imprisonment brought by two minor plaintiffs by *695 their father as guardian ad litem against two police officers of the City of San Mateo.… Plaintiff appeals on an agreed statement from judgment in favor of defendant.… Unger v. Los Angeles Transit Lines Page 2269 The matter before this court at this time is the motion of the plaintiff to dismiss the appeal of the defendants.… Heffron v. Los Angeles Transit Lines Page 2270 Appellants sued to recover damages for the death of their 12-year-old son who was killed when; in some unexplained manner, he came into contact with a bus owned and operated by respondent Los Angeles Transit Lines.… Maywood Glass Co. v. Stewart Page 2271 By a decision rendered March 7, 1958, the Unemployment Insurance Appeals Board allowed claimant, Gladys M.… Waller v. Southern California Gas Co. Page 2275 A jury awarded plaintiff $50,000 as damages for injuries received in an automobile accident.… People v. Blanco Page 2276 By information defendant was charged in five counts with violations of Penal Code, section 288a.… Sun Garden Packing Co. v. Narducci Page 2277 This is an appeal from a judgment rescinding a contract.… People v. Lushenko Page 2278 Ronald Wayne Lushenko and Robert Laverne Gillette were charged with having assaulted Vincent Santelli with a deadly weapon with intent to commit murder.… Johns v. Ward Page 2279 This is an appeal by the plaintiffs from a judgment entered upon a jury’s verdict for the defendant-respondent Raymond Thomas, Inc., a corporation.… Teich v. General Mills, Inc. Page 2280 This case falls within the ambit of Desny v. Wilder, 46 Cal.2d 715 [299 P.2d 257].… Norwich v. Norwich Page 2281 This is an action wherein both parties sued for divorce, the wife charging cruelty and the husband by his cross-complaint alleging cruelty and desertion.… Cowee v. Marsh Page 2282 Defendant Marsh appeals from a judgment rendered against him and in favor of plaintiffs Cowee, Evans and McNulty for damages resulting from an automobile accident in which three automobiles were involved.… People v. Conterno Page 2283 The jury’s verdict declared defendant Conterno guilty of violation of California Vehicle Code, section 502: “It is unlawful for any person who is under the influence of intoxicating liquor to drive a vehicle upon any highway .… Agreed statement of facts: 1. Plaintiff and respondent furnished materials used in construction project on premises of owner, Port Costa Brick Works.… People v. Andrews Page 2285 The complaint charged that on February 3,1959, the defendant violated Vehicle Code, section 502 (driving while under the influence of intoxicating liquor).… Twining v. Taylor Page 2286 This is an appeal by defendant from a judgment denying a claim of exemption from execution.… Plaintiffs’ complaint seeks declaration of the invalidity of a testamentary trust, alleging that “administration was had and closed” upon the estate of the testator and quoting the challenged provisions of the trust from the will “and .… Pierce v. J. C. Penney Co. Page 2288 Appeal from a judgment awarding plaintiff damages for personal injuries suffered in a fall on stairs in defendant’s store.… Hutton v. Pagni Page 2289 This is an appeal from an order of the trial court granting plaintiff’s motion for a new trial after a defense verdict.… Cowles v. Zlaket Page 2290 Plaintiff and respondent W. W. Cowles, as trustee in bankruptcy of the estate of A.… People v. Loeper Page 2291 Defendant-appellant Loeper, together with one Vincent Quintero, were charged in an amended grand jury indictment that on December 9, 1957, they did feloniously sell a narcotic (marijuana) in violation of Health and Safety Code, section 11500.… People v. Torres Page 2292 Appellant was charged in four counts in an information with violations of section 501 of the California Vehicle Code.… People v. Tophia Page 2293 Defendant was acquitted of assault with a deadly weapon upon James Wallis and convicted of manslaughter upon a charge of murder of Lela Glenn, for which he was sentenced to the state prison.… People v. Ayala Page 2294 Defendant Garcia was convicted of possession of heroin in violation of section 11500, Health and Safety Code.… Mills v. Ruppert Page 2295 Helen C. Mills, lessee, commenced an action against the above-named defendants, lessors, to recover damages for defendants’ alleged breach of an express covenant to keep in repair the exterior walls and roofs of the motel building.… People v. Anders Page 2296 The defendant Anders and his co-defendant, one Clifford Jones, were found guilty of a violation of section 11500 of the Health and Safety Code.… Alvak Enterprises v. Phillips Page 2297 The plaintiff Alvak Enterprises, a California corporation, brought this action to enjoin the defendants Philip C.… Dimas v. Irvine Page 2298 Defendant appeals from the judgment and attempts to appeal from an order denying her motion for new trial.… Appeal by the Contractors’ State License Board from a judgment ordering that a writ of mandate issue commanding it to restore to petitioners the licenses to carry on their business as a plumbing contractor and to dismiss the proceedings in which an order revoking the licenses was made.… Warfield v. Richey Page 2300 On November 21, 1955, plaintiffs Phillip R.… Williams v. Denver Page 2301 In May, 1955, Henry and Mildred M. Williams (hereinafter called plaintiffs) made a contract partly in writing and partly oral with John G.… People v. Lujan Page 2302 Appeal from judgment of conviction of possession of narcotics in violation of section 11500, Health and Safety Code.… Palmer v. Fleming Page 2303 This is an action to recover $5,000 paid by plaintiff to defendants for an option to purchase realty.… Bunch v. Henderson Page 2304 This is an action to recover a real estate broker’s fee.… Smith v. Harnish Page 2305 This is an action for libel. Plaintiff alleges that defendants falsely and maliciously published of and concerning plaintiff two newspaper articles for the purpose of exposing him to hatred, contempt and ridicule.… Taylor v. Taylor Page 2306 Appellant is the executrix of the estate of Charles W.… People v. Womack Page 2307 The sole question posed by this appeal is whether an admitted act of sexual intercourse between defendant and the 14-year-old daughter of his half-sister was *131 incestuous under section 285 of the Penal Code: “Persons being within the degrees of consanguinity within which marriages are declared by law to be… People v. Persky Page 2308 167 Cal. App. 2d 134 (1959) THE PEOPLE, Respondent, v. PRESTON PERSKY, Appellant.… In the court below plaintiff, C. F. Bolster Co., a subcontractor, recovered judgment against defendant, J.… Agnew v. Cronin Page 2310 Plaintiff brought an action for damages against John A.… Oppenheimer v. Tamblyn Page 2311 Action against W. D. Tamblyn and others for malicious prosecution.… Ball v. Harder Page 2313 This is an action involving a boundary line dispute between owners of real property in Lots 181 and 188, Etiwanda Vineyards Tract, in the Township of Fontana, San Bernardino County.… Boone v. Spring Hollow Farms Page 2314 This is an action for damages for personal injuries sustained by plaintiff when a motorcycle which he was operating in a westerly direction on Second Street at or near its intersection with Campo Walk, in the city of Long Beach, collided with an automobile being driven by one of the defendants.… Ellis v. City of Los Angeles Page 2315 Appeal by the city of Los Angeles from an order granting plaintiffs a new trial in an action under the Public Liability Act (Gov.… Metropolitan Water District v. Heilbron Page 2316 This is an original proceeding in mandate instituted by the Metropolitan Water District of Southern California, hereinafter referred to as the ‘1 district, ’ ’ against the respondent, the secretary of its board of directors, to compel the latter to publish a notice inviting proposals for an issue of $26,400,000… Hozz v. Felder Page 2317 This is an action to recover the value of merchandise allegedly sold by plaintiffs to defendants on an open book account.… Carden v. Carden Page 2318 This action was brought by Amaryllis L. Carden, hereinafter called “Amaryllis,” against Morris Carden, hereinafter called “Morris,” to obtain a decree that whatever apparent interest Morris had in certain real property he held in trust for Amaryllis.… Brown v. Guy Page 2319 Respondent has moved to dismiss the pending appeal on the ground of certain defects in the record heretofore filed, and noneompliance with pertinent time provisions of the Rules on Appeal.… Defendants appeal from the order granting plaintiffs ’ motion to change the place of trial from Los Angeles County to the City and County of San Francisco.… Wilson v. Board of Retirement Page 2321 Appellant instituted the instant action as a member of the Los Angeles County Employees Retirement Association, and also as a taxpayer of said county, alleging that respondent board of retirement of said association violated its duties in purchasing certain securities with funds of the retirement system.… People v. Roberts Page 2322 After a jury trial, appellant was convicted of (1) knowingly issuing a check with insufficient funds and with intent to defraud (Pen.… People v. Cook Page 2323 This is an appeal from a judgment of conviction for grand theft, and from the order of the trial court denying defendants ’ motion for a new trial.… Krouzian v. Hagopian Page 2324 Plaintiff appeals from an order denying his motion to vacate a previous judgment and to enter a different judgment.… People v. Jackson Page 2326 Appellant Horton, who was represented by counsel throughout the trial and motion for new trial, appeared originally in propria persona upon this appeal, presenting a brief which is built upon the assumption that he is entitled to a reweighing of the evidence by this court and that it should recognize as pertinent… Belli v. Bonavia Page 2327 Plaintiff, Reno Belli, as special administrator of the estate of Caterina Bonavia, commenced this action to quiet title to an improved parcel of real property at 1730-32 Filbert Street in San Francisco, and to certain shares of stock, and for an accounting of rentals and dividends.… Donnally v. Blankenstein Page 2328 Plaintiff, the father of the minor child Laura Helen-Christa Donnally, appeals from an order of the court amending a custody award to take the physical custody *284 of the child from appellant and award it to the defendant-respondent mother.… People v. Contreras Page 2329 A jury found defendant guilty of selling heroin in violation of Health and Safety Code, section 11500.… Kraemer v. Kraemer Page 2330 This is an action to quiet title to 47.61 acres of land commonly referred to by the parties as the “Beservoir Site.” The primary issues presented on this appeal concern the effect of an allegedly ambiguous deed and the sufficiency of the evidence to sustain a finding of adverse possession by a cotenant.… Holder v. Williams Page 2331 167 Cal.App.2d 313 (1959) M. B. HOLDER et al., Appellants, v. HAROLD A.… This action was brought by a taxpayer to recover two penalties levied by the board against it under the provisions of the Sales Tax Act.… Campbell v. Nichols Page 2333 This is an appeal from an order granting respondent’s motion for a change of venue.… People v. Castro Page 2334 Appellant was charged with furnishing a narcotic (Health & Saf.… People v. Cruz Page 2335 A jury found both defendants guilty of kidnapping (Pen.… Appeal by petitioner, Raymond M. Hemp-hill, from a judgment denying a writ of mandate to compel the Contractors’ State License Board to restore petitioner’s contractor’s license.… People v. Amado Page 2337 In a nonjury trial defendant was convicted of unlawful possession of heroin.… Gorges v. Johnson Page 2338 167 Cal.App.2d 349 (1959) 334 P.2d 621 EDWARD W.… McCall v. Schnackenberg Page 2339 This action was commenced in the Municipal Court of Riverside Judicial District.… Perry v. First Corporation Page 2340 A carload of empty drums belonging to Dewey and Almy Chemical Company had been returned to it by rail.… Defendant Pacific Indemnity Company appeals from a judgment in favor of plaintiff for $17,500 and $446.78 attorneys’ fees, both amounts to bear interest from specified dates.… Johnston v. Key System Transit Lines Page 2342 Defendant appeals from a plaintiff’s judgment in an action for wrongful death.… Guardianship of Kostors Page 2343 This is an appeal by Alice Kostors, the mother of Evelyn Kostors, from an order appointing respondents, Earl and Elsie Gilbert, as guardians of the person and estate of Evelyn Kostors, a minor.… This original proceeding presents the question whether the existence and extent of liability insurance of a defendant may be obtained in discovery proceedings.… Garbutt v. Schechter Page 2345 In a jury trial Eunice Garbutt was awarded verdict and judgment in the amount of $25,000 for personal injuries sustained in a fall from a chair in a place of business of defendants Sehechter.… People v. Malone Page 2346 Defendant above named was found guilty of the crime of grand theft.… Vogel v. City of Millbrae Page 2347 Respondents move to dismiss this appeal upon the ground that it was filed too late.… Mattson v. Biscailuz Page 2348 This is an appeal from an order denying appellant’s “petition for an order to vacate, nullify and void” a warrant of arrest issued hy a magistrate of the City of New York, New York, by virtue of which a hold has been placed against appellant by the Police Department of New York City.… This is an action for unlawful detainer and for damages.… Ferguson v. Schuenemann Page 2350 This is an action in which plaintiff seeks to establish her equitable interest in certain real and personal property, acquired during the time that she and defendant Schuenemann (who will hereinafter be referred to as defendant) were living together as husband and wife and had agreed to pool their interests in income… Bainbridge v. County of Riverside Page 2351 This is an appeal from a judgment dismissing plaintiffs’ second amended complaint.… Merrill v. Merrill Page 2352 Plaintiff, Lucy M. Merrill, obtained an interlocutory decree of divorce from defendant on February 25, 1954.… People v. Roberson Page 2353 167 Cal.App.2d 429 (1959) THE PEOPLE, Respondent, v. IRA ROBERSON, Appellant.… Le Font v. Rankin Page 2354 Appeal from an order denying the claim of defendant James H.… This is an appeal by defendants from a judgment in the sum of $75,000 entered upon a jury verdict in an action which arose out of a railroad crossing accident in which plaintiff’s car was struck by defendants’ train.… People v. Wozniak Page 2356 A jury found the defendant guilty of burglary in the first degree.… Dropo v. City & County of San Francisco Page 2357 Defendants appeal from a judgment entered after jury verdict, awarding plaintiffs $26,000 for the wrongful death of their daughter as a result of being struck by defendants’ streetcar.… This is an appeal by plaintiff from an adverse judgment in an action for declaratory relief, and in *466 which defendant counterclaimed against plaintiff for the sum of $1,215.75.… People v. Holstun Page 2359 In an information defendant Holstun and one Thomas Burke were charged, in count 1, with conspiracy to commit grand theft; in count 2 with grand theft; and in count 3 with conspiracy to violate certain sections of the Alcoholic Beverage Control Act.… People v. Dagampat Page 2360 In a court trial, Frederick M. Dagampat and Leo Soto Contreras were found guilty of kidnaping and were committed to the Youth Authority.… Spiva v. Phoenix Indemnity Co. Page 2361 167 Cal.App.2d 496 (1959) LEO SPIVA, Respondent, v. PHOENIX INDEMNITY COMPANY (a Corporation), Appellant.… Hart v. Worthington Page 2362 This is a judgment roll appeal by Fred B.… Shelton v. Burke Page 2363 Plaintiff tripped and fell while carrying a barrel of refuse from his employer’s laboratory along and through an alleyway, for deposit in garbage cans placed there for that purpose.… Harmon Enterprises, Inc. v. Vroman Page 2365 Action to quiet title to real property. The trial court adjudged that neither plaintiff nor defendants were entitled to a judgment quieting title to the property in question and plaintiff appeals.… Appeal by plaintiffs from a judgment of dismissal in a suit claimed to be representative.… Smith v. Municipal Court Page 2367 By Ms petition in tMs action plaintiff sought from the Superior Court of Los Angeles County writs of prohibition and mandate against the Municipal Court of Glendale Judicial District, County of Los Angeles.… People v. Roberson Page 2368 Defendant was charged in Counts 1 and 2 of an information with having committed lewd and lascivious acts on the bodies of two females under the age of 14 years, in violation of section 288, Penal Code.… Miller v. Long Beach Oil Development Co. Page 2369 Appellant (plaintiff below) sued to recover damages for personal injuries sustained by him in the cave-in of a trench in which he was working on premises of defendant Long Beach Oil Development Company (hereinafter referred to as respondent).… Edwards v. Palleschi Page 2370 167 Cal.App.2d 555 (1959) PATRICIA ANN EDWARDS, Appellant, v. LARRY PALLESCHI, JR., Respondent.… People v. Wardwell Page 2371 Appeal from a judgment and order denying a new trial after conviction of violation of section 11500 of the Health and Safety Code (sale of marijuana).… Taliaferro v. Riddle Page 2372 167 Cal.App.2d 567 (1959) E. A. TALIAFERRO, Appellant, v. MARGARET M.… People v. Robertson Page 2373 Defendant appeals from a judgment, after trial by jury, whereby he was convicted of three counts of grand theft (Pen.… Sala v. Christensen Page 2374 This is an appeal from a money judgment entered upon a jury’s verdict in a personal injury action.… Plaintiffs brought this action against the defendant district and others setting forth two causes of action, one alleging negligence, and one purporting to set forth an action in the nature of inverse condemnation.… Dudum v. City of San Mateo Page 2376 Plaintiffs appeal from summary judgment (Code Civ.… Pappas v. Bogard Page 2377 Defendant appeals from a judgment entered upon a verdict for personal injuries received by plaintiff while riding as a guest in defendant’s automobile.… Guardianship of Furr Page 2378 Appellant appeals from an order denying his petition to remove respondent, Gordie D.… Weltman v. Kaye Page 2379 This is an appeal from a final judgment for $10,250 plus interest in favor of Sidney Weltman, which sum represents the amount paid by Weltman to Herman H.… People v. Justice Page 2380 Defendant was convicted of two counts of selling heroin to Joseph A.… Plaintiffs * appeal from that portion of the judgment which denied relief to them under their third cause of action for damages resulting from an alleged breach of contract by defendants.… Turner v. Turner Page 2382 Appeal by plaintiff from an adverse judgment in a suit to have the written consent of the parent to the marriage of a minor under the age of 18 years canceled on the ground of fraud and to have the marriage annulled.… Woodmansee v. Lowery Page 2383 Each of the petitioners in the above entitled proceedings seeks a writ of mandate directed to the respondent county auditor-controller of the county of Los Angeles directing him to draw and pay the salary warrant of each of said petitioners as judge of the Municipal Court of the Los Angeles Judicial District, each… In Re Gilreath Page 2384 Proceeding in habeas corpus to secure release from custody after commitment for contempt.… Plaintiff is a corporation engaged in the business of manufacturing and selling nailing machines.… By his petition filed in the superior court, appellant sought to review an order of the Alcoholic Beverage Control Appeals Board, hereinafter called “appeals board,” affirming an order of the Department of Alcoholic *664 Beverage Control, hereinafter called the “Department” granting an on-sale liquor license to Von’s… Casterline v. Young Page 2387 This action was brought by plaintiffs to recover for damage suffered in a traffic accident.… Donald E. Davis has appealed from the judgment entered in the above-entitled actions which were consolidated for trial.… Bray v. Rosen Page 2389 This is an appeal by defendant from an order granting a new trial on the subject of damages alone.… This is an appeal from a final judgment discharging an alternative writ of mandate and denying the petition for writ of mandate.… Middlecoff v. Middlecoff Page 2391 A husband, through his guardian, secured an annulment decree, which also made awards of money and property to the wife.… Dow v. Hutchinson Page 2392 This is one more appeal in the prolonged and bitter dispute between mother and daughter over distribution of the estate of the husband and father.… Dozier v. Dozier Page 2393 An interlocutory judgment of divorce was granted after a default hearing, entered March 8, 1957.… Boris v. Boris Page 2394 This is an appeal from an order denying a motion to vacate a default interlocutory judgment of divorce.… People v. Thompson Page 2395 Two appeals are consolidated in this cause.… City of Los Angeles v. County of Inyo Page 2396 This is an appeal from a judgment in two actions, consolidated for trial, brought by appellants city of Los Angeles and the Department of Water and Power of said city (hereinafter collectively referred to as the “City”) for the recovery of taxes paid under protest to the county of Inyo (hereinafter referred to as the… During the year 1931 the defendant and appellant Southern California Edison Company, a corporation, obtained right of way easements over three parcels of real property in Orange County for the purpose of constructing and maintaining power lines over and across the land described therein.… People v. Christenbery Page 2398 Appellant was convicted by the court sitting without a jury of grand theft.… This is an appeal from a judgment in defendant’s favor arising out of an action to recover a broker’s commission based upon full performance of an oral contract; or, in the alternative, the reasonable value of services rendered on the theory that full performance was prevented by defendants.… People v. Fields Page 2400 This is an appeal from a judgment of conviction on a charge of possessing heroin.… Plaintiff above-named filed an action for declaratory relief and to compel defendant Liles Brothers Motor Company, Inc. to endorse the certificates of ownership of certain automobiles and to deliver said certificates to plaintiff.… Chandler v. Vaccaro Page 2402 Action against David V. Yacearo, James M.… Inez v. Superior Court Page 2403 This is an original proceeding to review an order restoring probation following an order terminating probation.… People v. White Page 2404 Defendant White and one Wright were accused, in count 1, with unlawfully possessing heroin; and, in count 2, with unlawfully possessing marijuana.… Saari v. Leddy Page 2405 This is an appeal by plaintiff from a judgment of nonsuit in an action for personal injuries arising out of an automobile accident.… People v. Ballard Page 2406 This is an appeal from a judgment and order denying the defendant’s motion for a new trial upon two counts of abortion.… Thompson v. Quan Page 2407 Quan unsuccessfully sued plaintiff Thompson for damages arising from an automobile collision in the small claims court.… Rubalcaba v. Sweeney Page 2410 This is an appeal from a judgment entered upon a defense verdict in a personal injury action.… This is an appeal from the judgment of dismissal entered after a demurrer to plaintiff’s second amended complaint was sustained without leave to amend.… Land v. Gregory Page 2412 This is an action for damages for personal injuries alleged to have been sustained by plaintiff when an automobile in which she was riding collided with a pickup truck being driven by the defendant Archie G.… Schwab v. Schwab Page 2413 Defendant Arthur C. Schwab appeals from a judgment in favor of plaintiff setting aside, as to a one-half interest, an assignment of her deceased husband to appellant of a promissory note secured by deed of trust on an apartment building.… Sargent v. Board of Trustees Page 2414 The only question on this appeal is the validity of a charitable trust created by the will of Janet Peck.… Lincoln v. Fox Page 2415 Demurrer to amended complaint was sustained without leave to amend.… People v. Kaluna Page 2416 Appellant, John C. Kaluna, was convicted of possessing a substance known as “Percodan” in violation of section 11500 of the Health and Safety Code.… Ames v. Ames Page 2417 Plaintiff appeals from an order granting defendant husband’s motion for entry of final decree of divorce.… Carey v. Lima, Salmon & Tully Mortuary Page 2418 168 Cal. App. 2d 42 (1959) FLORENCE CAREY et al., Appellants, v. LIMA, SALMON AND TULLY MORTUARY (a Partnership) et al., Respondents.… Difloe v. Difloe Page 2419 The trial court granted Frank Difloe a divorce from Helen Difloe, finding that the wife was guilty of extreme cruelty in that “since on or about Christmas 1953 defendant [wife] has failed and refused to permit plaintiff to see or visit the minor child of the parties, .… Pfleg v. Pfleg Page 2420 The trial court, on motion of the husband, modified the amount of alimony-child support payments that the husband was required to pay under the terms of a divorce decree.… People v. VAN NORT STUART Page 2421 Defendant appeals from a judgment of conviction of abortion after jury verdict and from the order denying new trial.… People v. Stuart Page 2422 Defendant appeals from a judgment of conviction of abortion, after jury verdict, and from the order denying new trial.… Kertz v. Paris Page 2423 Respondent Kertz instituted this action to foreclose a chattel mortgage on appellants’ property.… Marshall v. Superior Court Page 2424 Petitioner seeks a writ of prohibition to restrain the respondent court from exercising jurisdiction over the custody of his children.… Petitioner, Florence Nightingale School of Nursing, Inc., an Illinois corporation, seeks a writ of mandate to compel the Superior Court of the County of Los Angeles to enter its order quashing service of summons in an action brought by Leon Wolff, doing business as The Lincoln Institute of Practical Nursing, the real… Alger v. Aston Page 2426 This is an appeal from a judgment quieting title in plaintiff to real property in Indio, Riverside County.… Two causes involving substantially the same issues were consolidated for trial.… Guardianship of Joaquin Page 2428 168 Cal. App. 2d 99 (1959) Guardianship of the Estate and Person of MANUEL JOSEPH JOAQUIN, a Minor.… Gillett v. Gillett Page 2429 Appeal from judgment for $50,000 awarded for injuries received by 8-year-old plaintiff through excessive punishment by her stepmother, the defendant.… Sunru Chang v. Carson Estate Co. Page 2430 This is an appeal by defendant from an order made under section 473, Code of Civil Procedure, setting aside a judgment of dismissal and permitting plaintiff to file a third amended complaint.… Dunn v. Vogel Chevrolet Co. Page 2431 In order to give adequate consideration to the questions raised by defendants in their petitions for rehearing, such petitions were granted and the cause resubmitted without argument.… Kitagawa v. Williams Page 2432 George Kitagawa was driving his automobile in a southerly direction on United States Highway 99 in the vicinity of Thermal, California, on February 9, 1955, at approximately 4 a.… People v. O'Ward Page 2433 A jury found defendant guilty of having committed a lewd and lascivious act upon the body of a female child of the age of 13 years on October 23, 1957.… Morehouse v. Shipman Lumber Servaes Co. Page 2434 Plaintiffs and appellants appeal from those portions of a judgment which were in favor of the defendant and respondent Rounds Lumber Company, hereinafter called “Rounds,” adjudging that the appellants had no loggers’ liens against certain lumber found by the trial court to belong to Rounds and to be located in an area… Leonard v. Hermreck Page 2435 The defendants were awarded a contract to construct a section of state highway known as the Colton Freeway Project.… Vai v. Bank of America Page 2436 In this cause appellant Tranquilla Vai is the widow of the deceased Giovanni Vai.… People v. Conerly Page 2437 In an amended information filed by the district attorney of Los Angeles County, defendants were jointly charged in Count I with the crime of burglary (Pen.… People v. Dillard Page 2438 In an information filed by the district attorney of Los Angeles County, defendant was charged with a violation of section 11500, Health and Safety Code, in that on or about February 19, 1957, she unlawfully had in her possession flowering tops and leaves of Indian Hemp (eannibis sativa).… People v. Daly Page 2439 A jury convicted appellant of first degree robbery, and found that he was armed with a deadly weapon at the time the offense was committed.… On July 20, 1955, at about 4:15 a. m., on Alameda Street in Los Angeles County, an automobile driven by Roy Nelson collided with a truck and trailer combination owned by Lamb Transportation Company.… Schwartz v. Magyar House, Inc. Page 2441 168 Cal. App. 2d 182 (1959) GRACE SCHWARTZ, Appellant, v. MAGYAR HOUSE, INC.… Plaintiff corporation, Sanfran Company, as the purchaser of real property, filed this action against the vendor, defendant corporation Rees Blow Pipe Manufacturing Company, and the vendor’s real estate brokers, Norris, Beggs and Simpson, and their employee, C.… Plaintiffs brought this action upon an oral agreement for the sharing between brokers of commissions upon the sale of real estate.… Judgment in this action was affirmed this day in Number 18049 (ante, p.… Department of Mental Hygiene v. Mannina Page 2445 Plaintiff, Department of Mental Hygiene, appeals from an order granting a new trial.… County of San Mateo v. City Council Page 2446 The city of Palo Alto, situated in the county of Santa Clara, is a municipal corporation and a charter city organized and existing under the laws of the State of California.… This is a contest over the right to receive an award in eminent domain.… People v. Morrison Page 2448 168 Cal. App. 2d 235 (1959) THE PEOPLE, Respondent, v. JAMES H.… Thompson v. Goubert Page 2449 On October 12, 1952, appellants Arthur B.… Llyod v. Ganahl Page 2450 Verne Cutler, aged 76 years, died testate on November 19,1956.… United State of America v. Dwyer Page 2451 Decedent, Martin F. Dwyer, a painting contractor, died June 5, 1955.… People v. Field Page 2452 Appellant was accused in the first count of an information with driving a motor vehicle without the consent of the owner (Veh.… A policy of insurance as originally issued by the defendant insurer covered the composition roof *288 frame building and additions in contact therewith owned by the plaintiffs.… De Puy v. Sullivan Page 2455 In an action for recovery of stock certificates standing in the names of plaintiff and defendant as joint tenants, defendant appeals from a judgment in favor of plaintiff.… Huntley v. County of Santa Clara Page 2456 168 Cal.App.2d 298 (1959) BETTY MAE HUNTLEY et al., Respondents, v. COUNTY OF SANTA CLARA et al., Defendants; CENTRAL FIRE PROTECTION DISTRICT OF SANTA CLARA COUNTY et al., Appellants.… Schoenbach v. Key System Transit Lines Page 2457 168 Cal. App. 2d 302 (1959) REGINE SCHOENBACH, Respondent, v. KEY SYSTEM TRANSIT LINES (a Corporation) et al., Appellants.… People v. Hornes Page 2459 The district attorney of Los Angeles County filed an information wherein defendants were accused of the crime of robbery while armed with a deadly weapon.… People v. Pearson Page 2460 Defendant Leonard Castilow was found guilty by a jury of the crime of burglary in the second degree.… Cooper v. Cooper Page 2461 Plaintiff, Catherine G. Cooper, brought this suit to quiet title to an improved parcel of realty, called the Margate Street property.… Lyon v. Giannoni Page 2462 Appellant appeals from a judgment of dismissal in favor of respondents entered after the sustaining of general demurrers to the second amended complaint (hereinafter referred to as the complaint) without leave to amend.… People v. Clarke Page 2463 168 Cal. App. 2d 342 (1959) THE PEOPLE, Respondent, v. RAYMOND NOBLE CLARKE, Appellant.… Andres v. Armstrong Page 2464 This is an appeal from an order setting aside a default and default judgment—a type of appeal that is becoming much too common.… Bing v. Bing Page 2465 This is an appeal from that portion of a judgment rendered in a divorce action which divided the community property between the parties.… Schaffer v. Claremont Country Club Page 2466 This is an appeal from the judgment entered upon a jury verdict for plaintiffs in an action for the wrongful death of their son.… Crespo v. Cook Page 2467 Jury verdict in this malpractice action was for defendant.… Decker v. S. H. Kress Co. Page 2468 168 Cal. App. 2d 365 (1959) KURTZ A. DECKER, Plaintiff and Respondent, v. S.… Kabzenell v. Stevens Page 2469 Judgment was entered in favor of defendants at the conclusion of a jury trial in which plaintiff sought to *372 recover damages for personal injuries.… Wilson v. Barry Page 2470 This is an appeal from an order dismissing the action for failure to bring it to trial within the five-year period as provided by section 583 of the Code of Civil Procedure.… Reverend Mother Pauline v. Bray Page 2471 This is an appeal by plaintiffs from an order after judgment denying their motion under section 473 of the Code of Civil Procedure to vacate the judgment.… People v. Kelly Page 2472 After trial by the court without a jury appellant was found guilty of robbery in the first degree.… Roven v. Miller Page 2473 168 Cal.App.2d 391 (1959) MAXIMILIAN ROVEN, Appellant, v. WILLIS L.… O'CONNELL v. Weitzman Page 2474 This is an action for specific performance which arises out of a dispute over the rights of the lessee under a “first opportunity to purchase” clause contained in a real property lease.… People v. Hopper Page 2475 168 Cal. App. 2d 406 (1959) THE PEOPLE, Respondent, v. WILLIE JAMES HOPPER, Appellant.… People v. Liner Page 2476 Appellant Jack Wayne Watterson and his eodefendants Paul Liner and Herman McClain were charged with the crime of robbery (Pen.… People v. Gallagher Page 2477 The defendant, a doctor, was convicted by a jury of illegal possession of a narcotic.… This is an appeal from an order denying the appellant’s application for an order confirming an arbitration award and granting the motion of respondent for an order vacating the award.… People v. Rodriguez Page 2480 Upon submission of the matter to the court on the transcript of the preliminary hearing, defendant was convicted of possession of heroin in violation of section 11500, Health and Safety Code.… People v. Leach Page 2481 This is an appeal from a judgment and “sentence,” and from an order denying appellant’s motion for a new trial in a cause wherein the appellant was found guilty on four counts of forgery.… In Re Newbern Page 2482 168 Cal. App. 2d 472 (1959) In re EMERY TILGHMAN NEWBERN, on Habeas Corpus.… Ferguson v. Rogers Page 2484 Plaintiff and her husband sued defendants to recover damages for personal injuries alleged to have been suffered by each of them as the result of a collision between the auto which he was driving and in which she was riding, and a vehicle being operated by defendants on January 27, 1956.… In Re Harvill Page 2485 Appellant Roger Joseph Harvill, a minor, was charged with a violation of section 601.5 of the Vehicle Code, which provides in part: “(a) No person shall engage in any motor vehicle speed contest or exhibition of speed on a highway and no person shall aid or abet in any such motor vehicle speed contest or exhibition on… Mullen v. Bruce Page 2486 Plaintiff Grace N. Mullen filed this action against defendant Margaret Bruce alleging generally that on January 25, 1955, defendant assaulted her and negligently caused her to fall to the floor and that she suffered a fractured right shoulder and sustained multiple bruises.… Abbey v. Lord Page 2487 In July, 1950, defendant-appellant Joseph R.… People v. Lawrence Page 2488 Defendant was convicted of two violations of section 11500 of the Health and Safety Code: Sale and possession, respectively, of heroin.… Towt v. Pope Page 2489 Defendant was sued by plaintiff, an employee of Yinnell Company, a corporation, for damages arising out of an industrial injury in its steel plant.… County of Los Angeles v. Kasparian Page 2490 VALLÉE, J. Appeal by defendant from an adverse judgment in an action to recover aid paid by the county of Los Angeles to his father and mother under the Old Age Security Law.… Wallace v. State Personnel Board Page 2491 This is an appeal by petitioner Wallace from a judgment denying his petition for a writ of mandate whereby he sought to annul an order of the State Personnel Board, referred to herein as the Board, and be restored to his former civil service position with the State of California.… People v. Brown Page 2492 An information was filed against defendant Darrell Brown, charging him and a codefendant *551 Bichará H.… People v. Stephens Page 2493 In a court trial, Edd P. Stephens was convicted of assaulting Daniel Kohlmeyer with a deadly weapon and was sentenced to state prison.… Appellant corporation appeals from a judgment adverse to it rendered in an action brought by it against respondents to recover ad valorem taxes paid under protest.… Valenzuela v. Valenzuela Page 2495 168 Cal.App.2d 565 (1959) CARMELA VALENZUELA, Respondent, v. ALFRED VALENZUELA, Appellant.… Martin v. City & County of San Francisco Page 2496 The plaintiffs are members of Automotive Machinists Lodge Number 1305, and are employed by the city and county of San Francisco in the civil service positions of automotive machinists and mechanics.… People v. Stampher Page 2497 This is an appeal from a judgment of conviction of violation of section 288 of the Penal Code and from an order denying a new trial.… Barrett v. Barton Page 2498 The mother of Laurie Ruth Barton appeals from a judgment entered pursuant to section 701 of the Welfare and Institutions Code declaring that the child is free from the custody and control of her mother.… Henrickson v. Sebanc Page 2500 Plaintiffs, Francis O. and Hannah Henrickson (husband and wife) and their minor son, William 0.… People v. Tawney Page 2501 Defendant was indicted on two counts of violating section 580 of the Business and Professions Code.… Ewing v. Balan Page 2502 Action by a tenant against his landlords for property damage resulting from a fire caused by the explosion of a defective gas water heater supplied by defendants.… People v. Williams Page 2503 In a jury trial upon an information charging him with selling heroin and offering to sell marijuana, Arthur Lee Williams was convicted of the former offense and was sentenced to state prison.… This is an appeal by Diebold, Incorporated, from an adverse judgment in an action brought to recover sales taxes paid under protest.… Ward v. Wrixon Page 2505 Respondent above named commenced an action against defendant praying judgment that it be decreed she was entitled to a life estate in certain real property.… Rosenthal v. Bank of America Page 2506 This is an appeal by objectors to the order of the probate court settling the twelfth account and report of a testamentary trustee.… This is an action in which plaintiff, a part-time real estate salesman, sought to recover damages for loss of commissions, contacts, business associations and clientele alleged to have been occasioned by his wrongful expulsion as a salesman member of the San Bernardino Real Estate Board.… People v. Pope Page 2508 Defendant was convicted of a violation of section 4502 of the Penal Code in that, while an inmate of a *667 state prison, he was in the unlawful possession of a - knife.… Brennan v. Seelig Page 2509 Jessie McGee died intestate and without children on November 19, 1955.… Glover v. Whiteside Page 2510 This is a consolidated appeal in two cases: in one case, John E.… People v. Cobb Page 2511 By an information defendant was charged with three counts of violation of section 11500 of the Health and Safety Code.… Thomson v. Talbert Drainage District Page 2512 This is an appeal from an order vacating a judgment.… This is an appeal by petitioners from an order of the Superior Court of Alameda County denying an application for the modification or vacation of the severable portion of an arbitration award.… Schut v. Doyle Page 2514 This is an action to quiet title in which plaintiffs seek to establish the priority of their rights under a contract which they entered into with the defendants B.… Plaintiff appeals from a judgment entered on an order sustaining demurrer to her complaint without leave to amend.… De Arrivillaga v. Moore Page 2516 Appellant De Arrivillaga appeals from an adverse judgment in an action brought by her and plaintiff Johns in an action for an accounting and injunctive relief.… Delaney v. Ralph L. Smith Lumber Co. Page 2517 This is an appeal from an order granting defendant Ralph L.… Gregory v. Justice Court Page 2518 This is an appeal from a judgment denying a peremptory writ of prohibition.… Phoenix Assurance Company of New York, as defendant, appeals from the portions of a judgment against it for “the sum of $11,791.87 together with interest thereon at the rate of seven percent per annum from the 15th day of February, 1956, and together with the sum of $2,000.00 attorney’s fees and cost of suit herein .… People v. Williamson Page 2520 An information filed by the district attorney of Los Angeles County accused defendant of the crime of burglary (Pen.… People v. Russo Page 2522 Appellant was tried contemporaneously upon one charge of burglary (Pen.… People v. Alexander Page 2523 Defendant, after a nonjury trial, was convicted of selling heroin (Health & Saf.… People v. Pounds Page 2524 After conviction in the court below of knowingly uttering and passing a check for $100 bearing the forged signature of the payee (Pen.… Barth v. San Juan Development Co. Page 2525 San Juan Development Company, a corporation, Clarence Johnson and his wife, Kathleen Johnson, appeal from an order of the trial court granting plaintiff Reginald Barth a new trial for errors of law committed during the course of the trial in an action to recover for injuries sustained by Reginald Barth when a cylinder… This is an appeal from a judgment granting a peremptory writ of.… People v. Murrie Page 2527 A jury having been waived, defendant was found guilty of a violation of section 470 of the Penal Code, forgery.… People v. McCollum Page 2528 Defendant and a codefendant named Litterell were charged and convicted of robbery in the second degree.… This is an appeal from an order denying a petition for writ of mandate to compel the Alcoholic Beverage Control Appeals Board to hear and determine the merits of an appeal from a decision of the Department of Alcoholic Beverage Control revoking appellant’s “on-sale” liquor license.… Daddino v. Builders Concrete, Inc. Page 2530 The defendant and appellant appeals from a judgment of the municipal court, awarding plaintiffs and respondents $2,750 as liquidated damages for breach of contract.… Estate of Warner Page 2533 Anita Lipton Warner, also known as Nora Warner, appeals from the order and judgment denying her motion for revocation of the admission to probate of her husband’s will and codicil.… People v. Bishop Page 2534 Defendant was convicted by the court of first degree robbery of a gasoline station.… Pandell v. Hischier Page 2535 Plaintiff brought this action against defendant for damages incurred in an automobile accident.… Pollard v. Pollard Page 2536 This action arises out of a trust agreement executed by Arthur P.… Fong Hong May v. Fong Wan Page 2537 This is an appeal from a judgment and decree of the Superior Court of Alameda County, granting a divorce to respondent Mrs. Helen Fong, also known as Fong Hong May.… This is an appeal from an order granting a motion for a nonsuit.… Lala v. Maiorana Page 2539 Plaintiffs instituted this action to secure a judicial declaration that they were the owners, as joint tenants, of certain improved real property free and clear of all claims and liens asserted by the defendants.… People v. Barber Page 2540 This is an appeal from the order granting probation to the defendant upon charges of grand theft.… People v. Hinton Page 2541 This is an appeal by Robert Lee Jackson from an order denying a motion for a new trial, from an order denying his application for probation, from an order that he be confined in the state prison and from a judgment finding him guilty of kidnapping, rape and a violation of section 288a, Penal Code.… Minatta v. Crook Page 2542 This is an appeal by defendants from an order denying their motion for change of venue from Los Angeles County to Humboldt County on the grounds of the convenience of witnesses and that the ends of justice would be promoted by the change.… City of Hawthorne v. Peebles Page 2543 The judgment here presented for review condemns certain parcels of land sought by respondent city for use as a part of its public park system.… Bryan v. Smalley Page 2544 In this personal injury action, plaintiff appeals from judgment upon jury verdict in favor of defendant.… Wilson v. Sharp Page 2545 Appeal by plaintiff as a taxpayer from a judgment for defendants in an action for declaratory relief and to recover public moneys allegedly paid out without authority of law.… An accusation was filed with the Department of Alcoholic Beverage Control charging George L.… Metcalf v. Shamel Page 2548 This is an appeal from a judgment that there was owing to plaintiff Jess E.… People v. Spivak Page 2549 This is an appeal from the judgment and from the denial of the motion for a new trial in the causes wherein the defendant was convicted of two counts of armed robbery in the first degree, and one count of kidnapping.… This is an appeal by the defendant from a judgment in favor of plaintiff in the sum of $50,000 entered upon the verdict of the jury in an action brought to recover damages for personal injuries sustained by plaintiff through the alleged negligence of defendant.… Dell'Orto v. Dell'Orto Page 2551 This is an appeal from a decree ordering specific performance of a written contract for the sale of real property and from an order directing partition by sale of other real property.… Toenniges v. Griffeth Page 2553 This is an appeal from a judgment and from an order denying defendants ’ motion for a new trial, in which judgment defendants Forrest Griffeth and Eva E.… This is an appeal from an order granting a motion to quash the service of summons and complaint upon respondent and defendant, Anders-Jahre and Company.… Stoll v. Mallory Page 2557 Defendants appeal from a judgment of $6,750 in favor of plaintiff for services in the sale of radio station IC.S.J.O.… Plaintiff appeals from judgment of nonsuit in favor of defendants in an action for damages for the death of plaintiff’s minor son on school property.… People and organizations on PlainSite with a photograph on file, alphabetically. A
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