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All Reporters → cal-app-lexis → Volume 1966

Opinions in cal-app-lexis Volume 1966

The County of Los Angeles and Sheriff Peter Pitchess (hereinafter called the County) appeal from an order of the superior court enjoining them from the enforcement of section 2017 of the Los Angeles County Ordinance 5860 which requires that any restaurant or bar employing females in “topless” attire shall obtain a license from the county tax collector. We reverse the order, not because we find ...
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The trial court sustained a demurrer to the second amended cross-complaint of the appellant herein without leave to amend and entered a judgment of dismissal based on its determination. The cross-complainant, Gordon Building Corporation, appeals from that judgment. We concur with the trial court that “ [I]t is not possible for Cross-Complainant to state any cause of action on any theory against...
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247 Cal.App.2d 11 (1966) THE PEOPLE, Plaintiff and Respondent, v. JOBY TAYLOR, Defendant and Appellant. Crim. No. 11308. California Court of Appeals. Second Dist., Div. Two. Nov. 30, 1966. Joby Taylor, in pro. per., and Louis Edelberg, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General and Ant...
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The Department of Agriculture of the State of California initiated an action whereby it was determined that the fluid milk and cream distributor’s license held by Automatic Canteen Company of America (hereinafter called Automatic Canteen) should be revoked. Automatic Canteen sought a writ of mandate and stay order from the superior court to reverse that decision and herein appeals a judgment in...
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Plaintiff appeals from judgment in defendants’ favor entered upon a jury verdict in a personal injury action. The Eisenberg family resided in a duplex owned by defendants, Irma F. and Sam Goldstein. Around 8 p.m. plaintiff Gertrude Rosenberg and her husband arrived in their automobile to visit the Eisenbergs. “ [Everything was light,” the street and porch lights were on and the automobile ...
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Plaintiff, having been injured in an automobile accident involving an uninsured motorist, made claim for damages under his insurance policy with defendant. The parties being unable to agree on the amount involved, the matter was submitted to arbitration under the auspices of the American Arbitration Association. After hearings, the arbitrator rendered his award, in the following terms: “(A...
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This is an action for damages for personal injuries. The appellant brought this action to recover damages for personal injuries, resulting from an accident which occurred on September 14, 1963. The facts are substantially as follows: The appellant, an itinerant Mexican farm laborer, was employed on the Zora Cisi Ranch which adjoins the home of the respondent, Albert Rossini, Jr. On the day...
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Two days before the trial court announced its decision in the case of City of Bakersfield v. Miller (Kern County No. 81886, the judgment in which was later affirmed by the Supreme Court—City of Bakersfield v. Miller, 64 Cal.2d 93 [48 Cal.Rptr. 889, 410 P.2d 393]), the defendant herein, Kenneth W. Hoagland, City Attorney of Bakersfield, and one of its attorneys of record in...
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Respondent, Carson Tahoe Hospital, Inc., a Nevada corporation located in the State of Nevada, assigned its claim for unpaid charges for hospital services furnished appellant in Nevada, to Credit Corporation of Sacramento, a collection agency. Attorneys employed by Credit Corporation filed an action in the name of the corporation, based on a common count, against appellant and her husband. The com...
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In this wrongful death action, defendant City of Concord (City) appeals from a judgment entered upon a jury verdict in favor of plaintiffs and against City in the sum of $41,000. The same jury returned a verdict in favor of defendant Pacific Gas and Electric Company (PG&E) and against plaintiffs. Plaintiffs have not appealed from the adverse judgment entered on this verdict. Plaintiffs are...
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Defendant, under the name of Scott Cretteli, .was charged in three indictments with four sales of narcotics in violation of section 11501 of the Health and Safety Code. The actions were consolidated for trial. The defendant revealed his true name, entered his plea of not guilty to each of the four offenses charged, and admitted a prior conviction of possession of narcotics which was set forth in e...
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In March of 1962 plaintiff purchased from decedent Tenenbaum, a friend of many years, 999 shares of the capital stock of Jewelry Discount Corporation, paying therefor the sum' of $99,000. In September of the same year, for reasons subsequently appearing, plaintiff became dissatisfied with his investment; at that time he had a conversation with decedent, asking the latter to repurchase the stock...
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Applicant, P. L. Farris, applied for workmen’s compensation benefits alleging an injury arising out of and in the course of his employment as an employee of Heron Mills, Inc. The Workmen’s Compensation Appeals Board in its “Findings and Ward” found: Farris had sustained an industrial injury to his back arising out of his employment by Heron Mills, Inc., causing a total, temporary disability and...
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Plaintiff had judgment against defendant, as the executor of his deceased brother's estate, in the sum of $8,000; such sum represented the agreed value of certain Colorado property which plaintiff deeded to his brother in October of 1958 to provide security for a loan contemporaneously secured by the latter for an oil exploration venture. Trial was had on plaintiff’s theory that the decedent acqui...
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According to the pleadings, this is yet another case of the faithless agent attempting to hide his double-dealing behind the skirts of the statute of frauds. But skirts are not as voluminous as they once were nor the coverage of the statute as comprehensive as it was sometimes thought to be. Unshapely limbs and unsightly conduct alike are today disclosed to public view, and both must risk the con...
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Vegetable Oil Products Company, Inc., appeals from a judgment awarding Elmer L. Ferrel damages for personal injuries sustained while working as an employe of R. 0. Stephens, an independent contractor doing business as Bay View Welding Works, which judgment also denied the claim of Vegetable Oil to be indemnified by Bay View for the amount of any judgment that might be rendered against it in fav...
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This is an appeal from a judgment permanently enjoining appellant from unfairly interfering with the advantageous business relations of respondents and their customers. Respondent Ernst & Ernst is a firm of certified public accountants with respondent Clinton J. McCracken as one of the partners. Appellant also a C.P.A. located in New York responded to an employment offer placed by responde...
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Defendant, Bay Shores Homes, appeals from a judgment awarding plaintiff partnership, Finley-Gordon Carpet Co., $18,864 plus interest and costs for carpeting installed under contract. Plaintiff installed carpeting in defendant’s apartments by the “taekless strip method.” The apartments, 10 two-story *132 units of four apartments each, were designed so carpets could be interchan...
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Petitioner seeks a writ of mandate to compel the Superior Court of Sacramento County to hear, on the merits, his application under Penal Code section 17, to declare the offense for which he was convicted to be a misdemeanor. On July 22, 1960, petitioner pleaded guilty to writing checks drawn on insufficient funds in violation of Penal Code *135 section 476a. At that time his conviction was ...
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Defendant appeals from a conviction of assault upon a police officer with a deadly weapon in violation of section 245, subdivision (b), of the Penal Code, and battery in violation of section 242, a lesser and included offense within section 245, subdivision (a), of the Penal Code. He was also charged with one prior conviction of felony, which he admitted. On December 7, 1965, the defendant pick...
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This appeal presents questions of the extent to which a parole violator’s time in county jail may be added to his maximum prison term. While difficult, the issue is hardly pressing in this case. Aguilera entered prison December 20, 1958, under concurrent sentences for a term of 1-25 years. Thus the Adult Authority now can hold him at least until late 1983. Only at that distant date can the 55 day...
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Under section 6650, Welfare and Institutions Code, the Department of Mental Hygiene of the State of California sued to recover from the estate of Carl B. Worthen, deceased, the sum of $12,622.30. Plaintiff appeals from order of dismissal after order sustaining demurrer without leave to amend on the ground that section 6650 is unconstitutional under the equal protection clause of the Constitutio...
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Carl Nutt appeals from a 1965 order authorizing execution in an amount of $14,334 in favor of Mary Nutt Buscarino on a 1943 judgment which had ordered him to pay child support of $50 a month. He claims the trial court abused its discretion in granting his former wife’s motion to issue execution on a judgment for the first time after a lapse of 22 years. In April 1943, in the Los Angeles Superio...
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The notice of appeal herein states that defendant “appeals from the judgment of conviction or other final order rendered against him in the above entitled matter on May 17, 1966.” Defendant pled guilty to assault with a deadly weapon (Pen. Code, § 245, subd. (a)), admitted three prior felony convictions, and applied for probation. After some discussion with counsel concerning the constitutional...
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Appeal from a judgment decreeing the foreclosure of a deed of trust, ordering the sale of real property upon which it was a lien, a deficiency judgment, and from judgment in favor of cross-defendants on the cross-complaint. Plaintiff Investcal Realty Corporation (hereinafter referred to as Investcal) brought an action against defendants Edgar H. Mueller, Edgar H. Mueller Construction Co., ...
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This is an appeal from a judgment of dismissal entered following an order sustaining respondent’s general demurrer to appellant’s amended complaint without leave to amend. The original complaint asserted a cause of action seeking to recover damages against the estate of a deceased attorney for alleged malpractice, and was filed April 1, 1965. Demurrer was sustained to that complaint on the grou...
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The plaintiff has appealed from the order, in this third party claim proceeding, which adjudicated that the Cadillac attached in the main action belonged to the third party claimants and not to the defendant. The defendant was the owner and in possession in November 1963, when she transferred title to the two claimants. Plaintiff contends that the transfer was without effect as to its attachment ...
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Petitioners seek by mandamus to compel the clerk of Colusa County to enter the default of defendant in the action of Todd v. Kalfsbeek, Executor, number 12451, in the Superior Court in and for Colusa County and to prohibit that court from taking further proceedings pending a final determination of their petition for a writ of mandate. The record before us shows: On May 16th petitioners as plaintif...
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In June 1944, the Legislature enacted the Property Acquisition Act (Stats. 1945, Fourth Ex. Sess. 1944, ch. 18, pp. 149-153). As a portion of this enactment, the Property Acquisition Board was created and directed to acquire, on behalf of the state, real property sites in furtherance of the postwar proposed construction program as expressed in subsequent legislative appropriations for that purp...
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This is an appeal from a judgment in a proceeding in mandamus to review a ruling of the Sacramento County Retirement Board. The appellant Joseph Rau alleged that he suffered a disabling injury to his back while working as a heavy-equipment operator for the County of Sacramento on November 3, 1958. After long treatment, he had his coccyx surgically removed in May 1961. Rau claimed this to be a s...
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Appellant William Wisuri filed a petition for a writ of mandamus against respondent Newark School District to require the district to reinstate him to the position of custodian from which he had been dismissed by the board of trustees. Respondent demurred to the petition on two grounds, first that it stated no cause of action, and second that the relief requested was barred by appellant’s inexcus...
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Plaintiff Eagle Electric Manufacturing Co., Inc., a New York corporation, qualified to do business in California, sued defendants Keener, William P. Clark and others to set aside a default judgment rendered against it in the Superior Court of the County of Ventura. Thereafter plaintiff’s motion for entry of summary judgment was granted.' Defendants appeal from judgment vacating the Ventura judg...
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Shriners Hospital for Crippled Children, a Colorado corporation, residuary legatee of the estate here involved, appeals from an order admitting to probate a letter entirely written, dated and signed by decedent as a codicil to a prior will. Michael Darms, a railroad conductor, died on March 9, 1963. He had executed a formal will on March 14, 1957, when a resident of Salt Lake City, Utah. At the ti...
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This is an appeal from a judgment entered upon a jury verdict against plaintiffs, after an eight-day trial. The action was one seeking damages arising from an automobile collision in the State of Texas. The facts, viewed most favorably to respondents, reveal that appellants were west of Childress, Texas, traveling easterly at about 12 ¡30 p.m. on July 18, 1963, at 55 to 60 miles per hour, ...
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Defendants 1 and cross-complainants 2 appeal from an adverse judgment awarding plaintiffs compensatory and punitive damages against defendants and denying cross-complainants the Bevilacquas all recovery on their cross-complaint. As to the complaint, the judgment was entered on a jury verdict awarding plaintiffs compensatory damages in the sum of $65,750 and punitive damage...
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Plaintiff brought this action for a termination of an oral joint venture agreement and for an accounting of the profits therefrom. He has appealed from a judgment in favor of the defendant. The decision of the trial court was to the effect that, though an oral joint venture agreement containing the terms contended for by plaintiff was entered into between the parties, said agreement was unenfor...
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Defendant was charged with three counts: Count I—sale of heroin on November 8, 1964 (Health & Saf. Code, § 11501); count II—sale of heroin on December 2, 1964; count III—sale of marijuana on December 14, 1964 (Health & Saf. Code, §11531). By stipulation, trial by jury was waived and the case was submitted to the court on the preliminary transcript. The court found defendant guilty on count...
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The sole question on this appeal is whether a county sanitation district must compensate a county water district for the latter’s costs when required to relocate its water mains because of an extension of the sanitation district’s sewer facilities (both works being located beneath county roads). The trial court held that it must. We agree with that holding upon the principles of law and reasoni...
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Petitioners seek a writ of mandate requiring respondent court, in an action filed therein by real party in interest, to make its order (1) quashing service of summons upon petitioners for failure to comply with the provisions of Code of Civil Procedure section 410 and (2) dismissing said action as to them for failure to effectively serve the summons therein within three years after the commenceme...
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Defendant appeals following jury conviction of six of the nine counts in an indictment returned against him, Nicholas Nocera, Charles J. Ward, Audrey Huillade, Empire Builders, “and other persons whose names are unknown to the Grand Jury. ’ ’ Counts 2, 7 and 9 were dismissed prior to trial. Counts 4 and 6 relate to the “Martinez sale” and counts 1, 3, 5 and 8 relate to the “Hitehen sale.” The c...
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By order dated March 13, 1962, the trial court, in the instant divorce action, ordered defendant to pay plaintiff the sum of $150 per month as alimony and the further sum of $250 per month for support and maintenance of the two minor children of the parties; and awarded custody of the children to plaintiff with right of visitation by defendant. On November 30, 1964, following a hearing instituted ...
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It being contended that defendant water district, upon the inclusion of its entire area within the corporate limits of relator city, became merged by operation of law with that municipality, the existence of defendant was challenged by this quo warranto proceeding. After a trial, mostly on questions of law, judgment was rendered for defendant from which the People appeal. The complaint all...
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Appellant was charged by information with violation of the Dangerous Weapons’ Controls Law, section 12021 of the Penal Code, in that he had “. . . in his possession ... a .38 Cal. Revolver and a .22 Cal. Revolver, capable of being concealed . . . and having a barrel less than twelve inches in length, ’ ’ appellant having previously been convicted of robbery, a felony. On May 26, 1965, a jury being...
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In superior court case 296636 a jury found defendant guilty of these offenses, all committed on November 4,1964: Burglary (Pen. Code, § 459). Robbery (Pen. Code, § 211). Assault with a deadly weapon upon Hilareo Alvarez (Pen. Code, §245). . Kidnaping of Irene Alvarez (Pen. Code, § 207). The burglary and robbery were each found to be in the first degree, and defendant was found to have b...
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Plaintiff Marcella M. Frost is the widow and plaintiffs Linda Frost and Diana Frost are the minor children of Albert T. Frost who died on November 6, 1960, as the result of an accident that occurred on the same date when he was driving a truck with trailer owned by plaintiff Tidewater Oil Company. Plaintiffs’ claim so far as this appeal is concerned is that the accident and resultant death...
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Defendant appeals from a judgment of conviction of violation of section 11500, Health and Safety Code. He was charged in one count of an indictment, which also charged a codefendant, Steven Harry Muns, with sales of narcotics and possessing heroin. In his separate trial, a jury found defendant Ihm guilty as charged. The court denied his motion for a new trial and sentenced him to prison for the t...
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Defendant has appealed from a judgment entered on a jury verdict finding him guilty of assault with a deadly weapon in violation of section 245a of the Penal Code. He was sentenced to prison for the term prescribed by law, execution of sentence was suspended and he was placed on probation for a period of five years with nominal supervision on the condition that he serve one year in the county jai...
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This is an appeal by Terence Hallinan, the intervener in a will contest, from a judgment on the pleadings. John Smith, a grandnephew of the testator, filed a contest of the will of David Supple,1 which theretofore had been admitted to probate. The will left a substantial portion of Supple’s estate to various charities affiliated with the Roman Catholic Church. Smith attacked the will upon the grou...
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Appellant, George H. Martin, and his co-defendant, McKinley Lomack, were jointly charged by information with possession of heroin (Health & Saf. Code, § 11500) and possession of heroin for sale (Health & Saf. Code, § 11500.5). A joint jury trial resulted in verdicts of guilty as charged. On this appeal from the judgment of conviction entered on the verdict, appellant argues that the court erred...
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A jury found defendant guilty of involuntary manslaughter in the driving of a vehicle (Pen. Code, § 192, subd. 3) and of felony drunk driving (Veh. Code, § 23101). On the first count, he was admitted to probation for 4 years on condition he serve 6 months in county jail and refrain from drinking alcoholic liquors. Defendant appeals. A hardtop sports ear, travelling at high speed, crossed the do...
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This is an appeal from order granting defendant’s motion to exclude evidence of matters alleged in paragraph Y of plaintiff’s complaint. Suit on a common count was brought on a rejected creditor ’s claim against defendant bank as special administrator of the estate of Carl A. Wolf, deceased; the claim is set up in paragraph Y as follows: “From January 1, 1959, to August 31, 1965, plaintiff...
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Sami Sehonberg, appellant, a diamond merchant doing business in Antwerp, sued for and recovered from Anna Perry, respondent, a Beverly Hills housewife and his cousin, $35,000. He charged Anna had fraudulently breached a contract involving the purchase of diamonds which she had persuaded him to allow her to negotiate with one Michelangelo Fucile, who was her friend. The contract was made in 1958...
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In this action for declaratory relief between two liability insurance carriers, each has appealed from the judgment. The judgment awards the plaintiff and cross-defendant Meritplan Insurance Company, the insurer under a policy which expressly covered the negligent driver and the car involved, contribution to the extent of one-half the amount expended in the settlement of one of two claims ...
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The sister and nieces of Rose Strickman, deceased, appeal from an order admitting her will to probate, following a nonjury trial of their will contest. (Prob. Code, §§ 370-373.) On December 11, 1962 decedent executed a three-page typewritten will, prepared for her by attorney Ralph Nathanson. All of the dispositive provisions are set forth on pages 1 and 2. Page 3 contains the appointment of Natha...
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This action was brought by plaintiff against the defendant corporation, ELANS, Inc., to recover the $15,000 owing the plaintiff under a written contract. The parties filed a joint pretrial statement in the trial court stipulating to nearly all of the relevant facts. Plaintiff was the only witness to testify at the trial. His testimony was quite brief. Defendant corporation was formed ...
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Appellant Belho Corporation was not originally a party to this action. It did not become involved as a party until after judgment in the amount of $12,161.55 was entered in favor of plaintiff-respondent Butter-field and against defendants-respondents as judgment debtors. A writ of execution was issued and certain real property originally belonging to defendants-respondents, but then ...
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Defendant was charged in two counts with an assault with a deadly weapon on the persons of two police officers, in violation of “section 245(b)” of the Penal Code. Two prior felony convictions were alleged. He admitted the priors, pled not guilty and, after a trial by jury, was found guilty of “Assault by Means of Force Likely to Produce Great Bodily Injury, in violation of Section 245, Penal Cod...
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Petitioner Magdolna G. Moskowitz married Ben Z. Moskowitz (decedent) about one year prior to his death. During the marriage, they lived in an apartment in a 4-unit apartment building which was the separate property of Mr. Moskowitz, and the other apartments were rented. No homestead had been set apart in said property, or in any part thereof, at the time of his death. Mr. Moskowitz was survived...
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This is an appeal from an order of dismissal for want of prosecution within the five-year period (§ 583, Code Civ. Proc.). The proceedings leading up to the order began in a prior civil action involving the same parties filed by defendant herein, Victor A. Erwyn, represented therein by Abraham Gottfried, Esq., against plaintiff, Carl E. Anderson, represented by Robert A. Eaton, Esq. Erwyn v. Ander...
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Our attention is to center on this passage in the holographic will of the testatrix which follows a number of specific bequests: “My jewelry is to be sold. 1 leave the balance to my brother Leo Lyons and at his death it shall go to a Tubereolosis instute [ste]. He must give an account of any big amount before his death and handle all my affairs. To *511my dogs I will $500.00 to be eared for an an ...
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The state appeals from an order of the superior court setting aside an information, pursuant to section 995, subdivision 2, of the Penal Code, charging the defendant with possession, planting and cultivating marijuana. Based on the evidence received at the preliminary examination, the judge of the municipal court held that it appeared to him that the offense of violation of section 11530 of the H...
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In December of 1963 plaintiff, a licensed plumbing contractor, and defendant, a licensed air-conditioning contractor, learned that the City of Santa Monica would receive bids for the construction of a library building and that Parr Contracting Company intended to bid thereon as prime contractor. Parr accepted a so-called combined bid by plaintiff and defendant for the plumbing and air-condition...
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Eva M. Donovan died intestate in San Andreas, California, on October 27, 1964. She was a resident of Calaveras County and left real property in San Andreas, as well as a substantial amount of personal property. Grace McCubbin, a first cousin of decedent, was appointed and qualified as administratrix in due course. Thereafter, Leotta M. Huberty petitioned the court to determine heirship, alleging t...
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Plaintiff brought an action against defendants to impose a resulting trust, for declaratory relief and to quiet title. The trial court rendered judgment in favor of plaintiff on the theory of a resulting trust and ordered defendants to execute a deed to the subject property to plaintiff. Defendants have appealed. In the latter part of 1950, defendant Kenneth Narigón, who was a World War II...
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In early April 1961 defendant, Leslie Richard Hill, was employed by defendants, Clyde Johnson, Richard Johnson, and Johnson and Son, a partnership, as a pickup and delivery man. Approximately three weeks prior to the occurrence of the accident involved in this appeal, Hill, in chauffeuring three customers of his employers, temporarily lost control of the car which he was driving and ran over a ...
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Plaintiff, assignee of one Davis, filed this action on October 23, 1964, to foreclose a mechanic’s lien, in the Los Angeles Judicial District of the Municipal Court. On July 28, 1965, defendant demurred generally and moved to change venue to Santa Anita Judicial District wherein the liened real property was located. Upon consent of the parties, the motion was granted, the cause ordered transferred...
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Barbara Ann Valdez, deceased, was killed in a one-car automobile accident, and plaintiffs herein subsequently filed an action as heirs of the decedent for the purpose of recovering money damages against the driver of the vehicle, Charles Rudy Montez, who was driving the car with the insured owner’s consent. The plaintiff-minors, natural children of the decedent, and the plaintiff, Richard J. Va...
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Petitioner appeals from a judgment denying his petition for a writ of mandate. He sought the writ to compel respondent California State Board of Pharmacy to set aside its order imposing a penalty of 15 days suspension of his pharmacist license and 5 days suspension of his drug store license. On May 26, 1964, the board filed an administrative accusation (Gov. Code, § 11503) charging that appella...
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Plaintiffs, purchasers of an apartment house complex consisting of 32 8-unit buildings in the City of Orange, brought an action against defendant, the vendor, seeking a declaration of rights under the contract of sale, damages for defendant’s failure to complete the buildings for occu *16 pancy and failure to complete off-site improvements, and for an injunction against a threatene...
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This case comes before this court for hearing and decision pursuant to an order granting transfer following certification by the appellate department of the superior court *25 that such transfer appears necessary to settle important questions of law. (Cal. Const., art. VI, § 4e; Code Civ. Proe., § 988t; and Cal. Rules of Court, rules 61-65.) The question presented is whether the estate of a dec...
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Petitioner, who is the defendant in the action entitled Oscar Frank Amparan v. Ruth Marjorie Amparan, number NE D 9774, pending in the respondent court seeks a writ of mandate from this court pursuant to Code of Civil Procedure, section 416.3, requiring the respondent court to enter an order quashing the service on her of the summons in that action. The real party in interest, herein referred to a...
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On July 19, 1966, petitioner, Phillips Aviation Co., herein referred to as Phillips, filed an action in respondent court against Perfect Gear and Instrument Corp., *49herein referred to as Perfect Gear, Designatronics, Inc., and others to recover possession of certain personal property and for other relief. By its petition in 2d Civ. No. 30995, Phillips seeks a review of the order of the responden...
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The appeal was taken by Norma E. Worcester from a decree in an action for partition instituted by Benjamin F. Worcester. The parties were divorced in 1962 by a decree which awarded each of them a divorce from the other. Shortly thereafter Benjamin filed this action. The parties owned four parcels of land in the northwest quarter of section 2, township 1 south, range 17 west, San Bernardino meridia...
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Petitioner seeks a writ of mandate commanding respondent superior court to issue a preliminary injunction enjoining an arbitration proceeding pending the final determination of an action brought by petitioner in the court below. Prior to September 18, 1960 petitioner issued a policy of automobile insurance to Vaughn Lang, father of real party in interest Kevin Lang, a minor, effective for ...
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Petitioner, the City of Los Angeles, seeks a writ of prohibition requiring the Superior Court for Los Angeles County to desist from any further proceedings in the action now pending in that court entitled Frank Heckl v. H. W. Sullivan etc., et al. On February 20, 1964, Frank Heckl, a police officer employed by the City of Los Angeles, was informed by his superior officers that a complaint would...
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These proceedings arise out of an action for damages for personal injuries by petitioner Joan Whitfield against Cleveland Wrecking Company and others. Petitioner alleges in her complaint filed June 17, 1965, that on June 2, 1965, she was walking in the vicinity of a building which was being demolished by defendants, and that the negligence of the defendants caused “a part of said building to ...
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The information accused the defendant of “. . the crime of Felony, to wit: Violation of Section 11530 of the Health and Safety Code—Illegal possession of marijuana committed as follows: “The said Frederick George Thomas on or about the 29th day of June, A.D. 1965, at the County of Tulare, State of California, and before the filing of this Information, did willfully, unlawfully and feloniously h...
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Petitioner seeks a writ of mandate requiring the Superior Court for Los Angeles County to vacate that part of its order of July 22, 1966, which imposes sanctions against him. It appearing to us that the order was corrected nunc pro tunc by an order of the trial court on August 11, 1966, we issued an alternative writ requiring the trial court to vacate or modify its order as corrected insofar as...
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Appeal from a judgment dismissing plaintiff’s amended complaint on demurrer. Plaintiff Donald Odorizzi was employed during 1964 as an elementary school teacher by defendant Bloomfield School District and was under contract with the district to continue to teach school the following year as a permanent employee. On June 10 he was arrested on criminal charges of homosexual activity, and on J...
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Defendant Felder appeals from a summary judgment in favor of plaintiffs Walter E. and Phylliss A. Frye. The issue posed by the appeal is whether a trial court should grant a motion for summary judgment on the basis of facts alleged in plaintiff’s uncontradicted declaration, which facts the defendant is in no position to deny, but where the plaintiff’s own declaration raises a grave question con...
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Plaintiff Balke Company, Ine. has appealed from a judgment of dismissal due to failure to amend its second amended complaint after the demurrer of defendant was sustained but with leave to further amend. Based on the allegations of its amended complaint plaintiff seeks to recover damages on the theory of implied indemnity. Plaintiff alleges that in February 1960 it entered into a writ...
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Defendant appeals from a conviction of robbery in the first degree (Pen. Code, § 211a), after a jury trial where defendant was represented by the public defender. The ease in the trial court involved the entry and recordation of two separate verdicts—guilty of robbery in the second degree and guilty of robbery in the first degree. The only issue raised on this appeal is the validity of the second...
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By indictment, the defendant Watters and a codefendant named La Vergne were charged with the offenses of murder, robbery and assault by means of force likely to produce great bodily injury; all involved the same victim; and all occurring on January 7, 1965. The codefend*156ant LaVergne was tried separately; was found guilty of all offenses; and, pursuant to the verdict on the penalty phase of the ...
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Plaintiffs had judgments upon an undertaking on attachment. Defendant surety appeals. In the earlier action in which the attachment issued, the complaint, filed by two plaintiffs, named as defendants “Wilson Dills, Black and White Company, a co-partnership, First Doe, Second Doe and Third Doe.” It alleged that the then plaintiffs did not know the true names of the three Does, but asked lea...
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This is an appeal by Mrs. Richards, the only daughter of Earl G. Hosier, 1 from an order adjudging him to be incompetent within the meaning of section 1460, Probate Code, 2 appointing J. Robert Meserve as the guardian of his person and Security First National Bank the guardian of his estate; also challenged by this proceeding is the order’s additional provision that Mr. Meserve’s powers as te...
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In this action for damages for personal injuries plaintiff appeals from an adverse judgment entered on a jury verdict in favor of defendants and against plaintiff. Prevailing defendants are Carl Leonard Ford, the driver of the other automobile; Lockheed Aircraft Corporation (Lockheed), Ford’s employer; and Barrett National Car Rental System, Inc. (Barrett), owner of the automobile driven by For...
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Plaintiff sued defendant Maudeen Clifton Kahn, both individually as the surviving joint tenant of Sam Kahn and as executrix of his last will and testament. Two causes of action Avere alleged. The first was on a rejected creditor’s claim. It alleges that plaintiff is the holder of a promissory note, executed by decedent, in the face amount of $1,000, on Avhich it is alleged that there was due, a...
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The on-sale general liquor license of Los Robles Motor Lodge, Inc., was suspended for violations of Business and Professions Code section 25601 (disorderly house) and section 25180 (possession of unbroken bottles). Decisions by the department against Los Robles, both original and on motion for reconsideration, by respondent appeals board, and after petition to the superior court for a writ of m...
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Plaintiff appeals from a judgment upon a jury verdict adverse to him. Liberty Street, 18 feet wide, forms a “T” intersection with *209 Highway 39 (sometimes referred to in the evidence as Beach Boulevard) in the City of Huntington Beach. Highway 39 at the “T” intersection goes north and south with two lanes in both directions divided by a concrete divider with indented turn lane for northboun...
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Plaintiff brought this action claiming treble the amount of interest paid for usury. From a judgment in favor of defendants plaintiff appeals. Plaintiff, owner in fee simple of a parcel of unimproved property, (here called the Brookhurst property), entered into a long term lease on April 7, 1959, with several individuals. The lease provided, among others, that lessees (1) should make impro...
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This is an appeal from a judgment of dismissal entered after an order sustaining a demurrer to a second amended complaint without leave to amend. The basis of the order sustaining demurrer was that the complaint failed to state a cause of action, as laches appeared on the face of the complaint. The second amended complaint, filed August 26, 1965, sought to establish a constructive trust on one-hal...
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Within five years from the date he filed his action and after his counsel had overcome unusual difficulties in preparing for trial, had taken some 21 depositions, participated in a pretrial conference, and announced themselves ready immediately to try the ease, John Patrick Fay, a nine-year-old minor of deficient mentality, was faced with an order dismissing his malpractice suit on the ground o...
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Defendant corporation has appealed from a judgment for plaintiff entered on a jury verdict, and from an order denying its motion for judgment notwithstanding the verdict in an action on a $25,000 note signed under the corporate name by plaintiff’s deceased husband, the president of the corporation. In its answer the corporation, in addition to a general denial, set forth lack of authority ...
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These consolidated proceedings involve an appeal by plaintiff from a judgment in a declaratory relief action and a petition by plaintiff for a writ of prohibition. The action for declaratory relief was brought to determine the validity of section 5620.8 of the San Mateo County Ordinance Code 1 (the “Ordinance”) upon which defendant *278 Sheriff of San Mateo County (...
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This is a petition for a writ of supersedeas (1) staying enforcement of an order of the trial court made on June 17,1966, requiring appellant to pay to the attorney for the guardian attorney fees and costs on appellant’s appeal from an earlier order of March 28,1965, and (2) to restore appellant’s visitation rights as they existed prior to the March 28th order, i.e., a stay of the latter order pen...
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246 Cal.App.2d 296 (1966) In re PEDRO ESPARZA GONZALES, on Habeas Corpus. Crim. No. 2606. California Court of Appeals. Fourth Dist., Div. One. Nov. 9, 1966. Pedro Esparza Gonzales, in pro. per., for Petitioner. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Robert P. Samoian, Deputy Attorney General, for Respondent. COUGHLIN, J. [1a] Petitioner seeks a...
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Appeal from a judgment entered in favor of defendants upon granting of the motion made pursuant to section 631.8, Code of Civil Procedure, in an action seeking specific performance of a land sale contract and damages for breach of contract. At least during the month of July 1963 there was an escrow on the same real property here involved wherein Eltinge was the buyer and Tidewater Oil was ...
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This is an appeal from a judgment after defendant was found guilty in a court trial of two counts of selling a narcotic, heroin, and purports to be an appeal from an order denying motion for a new trial. The purported appeal from the order denying a motion for new trial is dismissed as no appeal lies from such order. (Pen. Code, § 1237; People v. Lessard, 58 Cal.2d 447 [25 Cal. Rptr. 78, 375 P.2d ...
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Plaintiff appeals from a judgment of nonsuit. His action is (1) against the City and County of San Francisco and the Regents of the University of California for alleged malicious prosecution because of a recommendation of Dr. Carden that a petition for his commitment as a mentally ill person be filed; (2) against the City and County of San Francisco for false imprisonment because of the action of...
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Defendant appeals from an order denying his motion to set aside his default and the ensuing default judgment (money damages for personal injuries) upon the equitable grounds of extrinsic accident and mistake; a motion for relief under section 473, Code of Civil Procedure, had previously been denied, but no appeal is prosecuted from such latter order. It is contended that the court under all the c...
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Defendant Garrison, along with Edward Ballard and John Lee, were charged with three counts of armed robbery (Pen. Code, § 211) and one count of burglary (Pen. Code, § 459). At the first trial the jury was unable to reach a verdict as to Garrison, though the other two were *345 convicted. At the second trial Garrison was convicted on all four counts and was sentenced to state prison. The trial j...
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This is the third time this action has reached an appellate court. This appeal is from a judgment against appellants in the sum of $5,968.64. The first appeal was in Smith v. Daly, 181 Cal.App.2d 154 [5 Cal.Rptr. 176], which reversed a judgment quieting title in appellants. Thereafter, Meyer was substituted for appellants in another quiet title action, but appellants remained in the case as cross-...
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In this action seeking recovery on a materialman’s bonded stop-notice claim made pursuant to Code of Civil Procedure section 1190.1; subdivision (h), defendant Sacramento Savings & Loan Association (Sacramento) appeals from a judgment entered in a non jury trial against said defendant and in favor of plaintiff Ware Supply Co. (Ware) in the sum of $7,362.42 together with interest from January 22...
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I concur in the reversal of the order denying appellant the award of attorneys’ fees necessary to the prosecution of this appeal. For two reasons, however, I would also reverse the order denying appellant’s prayer for a modification of the alimony provision of the judgment. My reasons .are these: (1) On the basis of the undisputed facts in this case, I would hold that the order under consideration...
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Petitioner, according to the pleadings of all parties, was registered on the books of First National Bank of San Diego (Bank) and in a stock certificate issued by Bank as owner of 100 shares of Bank’s common stock. He requested leave to examine by agent the list of stockholders, which was accorded him by the then president of Bank, who during the course of inspection and copying terminated such i...
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Plaintiff, a nondomiciliary corporation engaged in interstate air transportation of cargo and passengers under government contracts, appeals from an adverse judgment in its action against the County of San Bernardino to recover ad valorem taxes levied on an apportioned value of plaintiff’s flight equipment. The case was submitted to the trial court on the following stipulated facts: P...
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Plaintiff appeals from a judgment of dismissal entered in. favor of defendant after his motion for judgment on the pleadings was granted. The undisputed facts, as established by the pleadings, are substantially as follows: The plaintiff, who is a rancher, filed a claim with the State Controller, Division of Tax Collection and Refund, for the refund of gasoline taxes which he had paid for fuel u...
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Defendant appeals from a judgment of Conviction, after a jury verdict of murder in the first degree. ' Appellant, an' itinerant farm worker who apparently had a wife in Arizona, had been living with Cruz Almeras, a 19-year-old girl, for approximately six months prior to her death. On November 13, 1963, appellant and Cruz, along with two friends, Jesus Guerrero and Carlotta Castenada, were drivi...
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Plaintiff sued defendant corporation and Van D. Powell for money arising out of breach of contract and for declaratory relief; the complaint was dismissed as to Powell but defendant corporation answered and filed a counterclaim (defendant did not proceed on the counterclaim). The action was tried on the first and fourth causes of action—in the first, plaintiff sought recovery of $12,000 for ser...
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Plaintiff sought recovery of $5,000 under defendant’s policy which indemnified her for the death of her husband. The cause was submitted for decision on a written stipulation of facts. Plaintiff appeals from judgment entered for defendant. The sole issue is whether the trial court properly construed a certain exclusionary clause in the policy. Decedent’s death was proximately caused by a c...
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Invoking the court’s equity power, plaintiffs Perry commenced this action in May of 1965 to set aside a default judgment obtained by the defendants Zabriskie in February of that year involving the sale of a business assertedly obtained by fraud; their default had previously been taken in December of 1963. The gist of the present proceeding is that plaintiffs were lulled into a sense of false secur...
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Defendant was charged with a violation of section 288 of the Penal Code (lewd and lascivious acts on the body of a child). He was tried and convicted. That judgment was reversed by this court, in an unpublished opinion (Court of Appeal, Second District, Civ. No. 9730, March 11, 1965), because of the improper admission of statements obtained by the police in violation of the rules laid down in Pe...
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Ronald Wayne Smith appeals from a judgment of conviction entered upon a jury verdict of lewd and lascivious acts (Pen. Code, § 288). On March 19, 1964, 13-year-old Marie Gabaldon accepted defendant’s offer of a ride to a high school to pick up Marie’s sister. According to Marie, defendant drove beyond the school, stopped on a dead-end dirt road, and raped her. Released, she cleaned herself up at a...
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Respondent, Claude T. Belshaw, petitioned the superior court for a writ of mandate directing appellants, the City of Berkeley, the Personnel Board of Berkeley, and each member individually, and the City Manager of Berkeley, to vacate and expunge from the city’s records respondent’s 30-day suspension from the Berkeley Fire Department and to pay respondent the salary which would have been due him...
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In 1958, appellant Cinmark Investment Company entered into an agreement leasing with option to purchase, for an 11-year term, approximately 15 acres of unimproved farming land owned by respondents Donald and Alta Reiehard. Thereafter, a portion of the property subject to the lease and option agreement, about 4 percent or .6 acres, was condemned for highway purposes by the city. Appellant and re...
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After a six-day jury trial, the jury returned a unanimous verdict against appellants after deliberating 57 minutes. Judgment was entered on the same day; motion for new trial was made, heard, and denied, and appellants filed a timely notice of appeal from the judgment. The general tenor of the arguments presented here is epitomized by the fact that while the transcripts and briefs designate app...
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On a wet and stormy night, the plaintiff, Alice R. Trigg, aged 69, accepted a ride from the Department of Motor Vehicles building in Sacramento to her home at 616 - 41st Street as a guest of her friend of 30 years, Mrs. Estelle Brown. When Mrs. Brown reached the vicinity of the Trigg home, which was on the left side of a north- and south-bound street, she noticed that the gutter in front of the r...
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In 1959, petitioner pleaded guilty to possession of heroin (Health & Saf. Code, § 11500) and admitted a prior misdemeanor conviction under the then “drug addict statute” (Health & Saf. Code, § 11721). He was sentenced to the term prescribed by law. Under the statute in effect in 1959, this prior conviction increased his maximum term from 10 years to 20 years. Petitioner asserts that his 1957 convi...
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Appellant Ernest W. Hahn, Inc. (Hahn) appeals from a judgment of $5,100 in favor of respondent Greenberg Brothers, Inc. Respondent had leased a store to be ready for occupancy on September 1, 1962, in a project known as Granada Village Center. The center was being constructed by Hahn. There were delays in meeting the occupancy date. On or about November 20, 1962, respondent approached Irvi...
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Plaintiff sued to recover real estate broker's commissions in the sum of $7,200. Defendant denied owing the commission to plaintiff and claimed that the agreement obligating him to pay the commission was obtained by fraud, concealment, deception and mistake, and that the agreement was rescinded on these grounds. After a trial by court, judgment was entered against defendant in the sum of $7,200 p...
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This is a request by petitioner after judgment for a writ of prohibition preventing said respondent superior court from enforcing that portion of its interlocutory judgment ordering forthwith payment of attorney fees to the petitioner’s former attorney, Fred K. Wong, from the community property in petitioner’s possession. Petitioner, Norman W. Wong, is the plaintiff and cross-defendant in a div...
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Defendant and a eodefendant were charged with the following crimes: grand theft (violation of Pen. Code, § 487, snbd. 3), theft of a vehicle (violation of Veh. Code, § 10851), receiving stolen property (violation of Pen. Code, § 496), and burglary (violation of Pen. Code, § 459). Defendant with counsel present pled “not guilty" to the charges in the information. A jury was sworn, a mistrial was de...
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—This is an application for a writ of habeas corpus by which petitioner, Eric Halko, seeks release from the Mira Loma Hospital, security side. Petitioner has a diagnosis of pulmonary tuberculosis, minimal active. On July 1, 1964, he was served with a quarantine order of isolation confining him to Mira Loma Hospital. He deserted that institution on August 1, 1964, and was subsequently arrested, ...
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This is an action for damages arising out of a blasting operation in which the plaintiff sustained personal injuries. Defendant appeals from a judgment in favor of plaintiff, the appeal being predicated on numerous grounds which will be severally discussed hereinafter. The factual situation which set this action in motion may be briefly stated. Other relevant facts will appear in the opini...
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Plaintiffs Peter Omicini and Omicini Investment Company, a corporation, appeal from a summary judgment entered against them in an action brought *567by them and others against the City of Eureka and city officials thereof, challenging the legality of an ordinance providing for the issuance of bonds for the acquisition and improvement of public parking facilities. On August 18, 1964, the Parking Pl...
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A jury convicted defendant of receiving stolen property (Pen. Code, § 496) as charged in the third count of the information and acquitted him of grand theft and burglary as charged in the first and second counts. Defendant makes only two contentions on appeal: (1) that his oral statements made to the police should not have been introduced in evidence because he was not represented by counsel at...
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Plaintiff Bank of America as executor of the last will and testament of Francesco Cerruti, deceased, appeals from judgment in favor of defendant Department of Mental Hygiene of the State of California after demurrer to complaint sustained without leave to amend. Questions Presented 1. May the court on the hearing of the demurrer take judicial notice of the decree settling first an...
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Cross-complainant Hirschman appeals from the summary judgment entered in favor of respondent Saxon on appellant’s cross-complaint alleging medical malpractice. The sole question presented by this appeal is whether or not appellant’s declaration in opposition to respondent’s motion for summary judgment set up facts sufficient to present a triable issue as to the applicability of Code of Civil Proc...
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Douglas and Meyes were involved in a series of robberies in 1958. On October 20 police officers attempted to arrest them for the robberies, a gunfight broke out, *596 and Officer Nash was killed. On October 24, 1958, Douglas and Meyes were indicted for the murder of the officer, and, after two trials, on June 23,1959, Douglas was acquitted and Meyes was convicted of second-degree murder, a conv...
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Defendant appeals from a judgment of conviction entered on a jury verdict finding him guilty of attempting an abortion on Beverly Rubio (Pen. Code, § 664) and soliciting Donna Wilson for an abortion (Pen. Code, § 276), and from the order denying his motion for a new trial. He contends that: 1) a tape recording of his conversation with one of the victims was admitted into evidence in violation of ...
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246 Cal.App.2d 608 (1966) THE PEOPLE, Plaintiff and Respondent, v. EUGENE RAY OLLADO, Defendant and Appellant. Crim. No. 9693. California Court of Appeals. Second Dist., Div. Three. Nov. 22, 1966. Richard A. Walton, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and A. Barry Cappello, Dep...
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This is an appeal by defendant, the former husband of plaintiff, from an order made in a proceeding under the Uniform Reciprocal Enforcement of Support Act (Code Civ. Proc., §§ 1650-1690), commanding defendant to make monthly payments to plaintiff for the support of the parties’ three minor children. No dispute exists as to the facts presented, the record consisting of an agreed statement on appe...
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This is an action to recover commission for sale of real property, or to recover damages resulting from alleged interference by the defendant buyer (Bienefeld), and defendant Premiere Aluminum Products, with plaintiff’s contractual relationship with the sellers of the property (Avedon and Chotiner). Plaintiff appeals from a judgment of nonsuit. Defendants Sam Avedon and Willard Chotiner, who we...
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Defendants appeal from the judgment entered against them following the granting of respondent’s motion to strike appellants’ answer and for summary judgment. As initially pleaded, respondent’s cause of action was one seeking to collect upon a promissory note of which she alleged that she was a holder in due course. By their answer appellants alleged that respondent was neither a holder in due c...
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On this appeal by the niece of the predeceased. first wife of Samuel Duhaney (hereafter testator) from a decree entered after special verdicts denying her contest to his December 1962 will naming as chief beneficiary his second wife, the respondent, the only questions concern the *655instructions on undue influence and the propriety of the rejection of certain expert testimony. As no contentions a...
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Petitioner (applicant) seeks review and annulment of an award of workmen’s compensation. He contends: (1) that he was denied procedural due process because of the referee’s refusal to admit certain evidence; and (2) that the evidence refused, being evidence of medical treatment by physicians furnished by respondents (employer and insurer), compels a finding that applicant was entitled to con- ...
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This is a proceeding in mandate to require the Superior Court for Los Angeles County to grant petitioner’s motion for leave to file a first amended answer and certain counterclaims in the action entitled Dan Gershon v. Ben Waxman, et al., number 854894, now pending in that court. In February 1965 plaintiff filed a complaint on a promissory note for $10,333.33 executed by the defendants Waxman and ...
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Petitioners Letsch and Reynolds are licensed medical doctors, the former being a specialist in radiology and the latter a general practitioner; are members of the staff of Palomar Memorial Hospital; claim their right to practice medicine has been interfered with unlawfully by the action of the defendants, the hospital district and its board of directors operating the Palomar Memorial Hospital; an...
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This is an appeal from a personal judgment against appellant, Raymond V. Plyler, secretary of Lupine Oil Operations, a corporation, under the doctrine of alter ego. Plyler filed articles of incorporation of Lupine Oil Operations with the Secretary of State on August 29, 1959. The original incorporators and first directors were appellant, his wife, and his uncle. No stockholders mee...
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Defendants appeal from a judgment of the trial court foreclosing a mechanic’s lien in favor of plaintiff Benson Electric Company (hereafter Benson) in the amount of $4,534.05 and intervener General Electric Company in the amount of $10,965.95, or a total sum of $15,500. Personal judgment in like ratio was entered against defendant Millbrae Bowling Corporation (hereafter Millbrae) alone. Th...
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The plaintiffs, corporations with common problems, joined in this action, each plaintiff seeking to recover damages on two counts, one based on fraud and one based on a breach of warranty. On plaintiffs’ own motion the fourth, fifth and sixth counts (the warranty counts) were dismissed. Then, on the defendants’ motion, the trial court granted a judgment on the pleadings and plaintiffs appealed....
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This is an appeal from an interlocutory judgment of divorce entered by the court granting a divorce to the wife, the plaintiff, on the grounds of extreme cruelty. The decree awards most of the community property to the 1 and a small amount to the husband; it omits any award of alimony, orders both parties to pay their own attorney fees and costs of litigation, and directs the wife to pay, out o...
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The Attorney General of the state has appealed from a part of the decree made in response to the petition of the executor of the will, who had prayed that the court “determine who are entitled to distribution of the estate.” (Section 1080, Prob. Code.) The particular provision of the will that created the need for guidance was this one, which followed some eight specific bequests: “Balance of my e...
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The tragical background of this litigation occurred when a privately owned Piper Comanche airplane fell into San Francisco Bay,- all three of the occupants of the plane were killed. The airplane was piloted by Wilbur M. Hamren, and the other two victims were Edward W. Doyle, Jr. and Oliver J. Bell. They were returning to their homes in Sacramento from a business trip to San Francisco. The weather...
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Victoria A. McKenzie executed her will on May 5,1933. She died October 26, 1935. The will contains some relatively small legacies to relatives and friends, but the part which gives rise to this appeal is the residuary clause. This clause provides that the residue be placed in a testamentary trust, the income to be paid to the testatrix’ nephew, Albert L. Chauvet, during his life, and after his dea...
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Dorothy Walker, petitioner, is the defendant and cross-complainant in an action for divorce commenced in March 1965 by Charles Walker, the real party in interest, in the Superior Court for Ventura County. Petitioner challenges the validity of the orders of the respondent court of September 7 and 8, 1966, that Charles Walker, one of the minor children of the parties, shall remain in the custody ...
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This is an appeal from a judgment permitting plaintiff to dismiss defendant and to terminate his employment as a permanent teacher of the Mount San Antonio Junior College District. The contentions of the defendant are that the matters stated in various charges are barred by the provi *759 sions of section 13436 of the Education Code, 1 that the evidence is insufficient to support the findings...
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This is an appeal from a judgment of dismissal which was granted pursuant to section 581, subdivision 3, of the Code of Civil Procedure after the demurrer of the defendants Brackett to an amended complaint had been sustained without leave to amend. Our consideration will be limited to the fourth, fifth and seventh causes of action inasmuch as the plaintiffs have confined their argument to those...
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This is an appeal from an order for the release of personal property to third party claimants. In an attempt to satisfy a judgment against Raymond S. Froehlieh, appellants levied an execution upon property the subject of this third party claim proceeding. On July 27, 1962, Froehlieh sold four tractors and one set of Murphy portable truck scales to Lakeside Sand & Gravel Company, a corporat...
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Defendants appeal from what the trial court termed a “summary judgment,” which was granted following an expression of viewpoints by counsel for the several parties at a pretrial conference, in total disregard of the procedural requirements for securing such a judgment as established by section 437c of the Code of Civil Procedure. The plaintiff sued the defendants for $1,424.59 as the alleg...
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The sole question confronting us in these eases is whether appellant is an “interested person” within the meaning of Probate Code section 380 1 so as to have standing to contest a will after probate. Lester A. O ’Brien died on September 22, 1964, a resident of Santa Clara County. He left surviving him as his sole heir-at-law his sister Lorene Ogden, one of respondents herein. On October 19, 1...
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Appellant Franchise Tax Board appeals from a judgment in favor of respondent RKO Teleradio Pictures, Inc., hereinafter referred to as RKO, directing a refund of taxes paid under protest for the income years 1945 and 1946. The facts were stipulated. RKO’s business is the production and distribution of motion pictures. It is a wholly owned subsidiary of Radio-Keith-Orpheum Corporation. Its p...
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Plaintiffs, as administrators of the estate of Teodocio Yorba, deceased, filed this action to obtain a judgment declaring the estate and heirs of Yorba to be the owners of a 7/llths interest in a tract of land defendant claims entirely. Judgment decreeing the estate and heirs of Yorba had no interest in the land followed an order granting defendant’s motion for summary judgment, and a further o...
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J.*—Plaintiff appeals on a clerk’s transcript from judgment of dismissal of this action for lack of prosecu 1 Questions Presented 1. Did plaintiff fail to prosecute this action within five years so as to require its dismissal under Code of Civil Procedure section 583 ? 2 2. Was the hearing of the motion to transfer the action from the municipal court to the superi...
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Plaintiffs brought an action for the wrongful death of their minor son. Judge Lucas sustained defendants’ general demurrer to the second amended complaint with leave to amend, and when plaintiffs offered no amendment, Judge Allen signed an order dismissing the action. Plaintiffs appeal from that order. The facts alleged in the second amended complaint are as *850follows: On June 19, 1963, defendan...
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Following a jury trial on an information charging him with one count of robbery (Pen. Code, § 211) and one count of escape (Pen. Code, § 4532, subd. (a)), defendant was found guilty on each count, motion for a new trial and probation were denied, and he was sentenced to state prison. Defendant now appeals from the judgment of conviction as to each count. The escape count alleged that defendant ...
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This is a companion appeal to People v. Redmond, ante, p. 852 [55 Cal.Rptr. 195] 4th Criminal No. 2529, wherein defendant appealed from a judgment of conviction on one count of escape and one count of robbery. In 4th Criminal No. 2529, decided this day and to which reference is made for the factual background giving rise to this appeal, defendant sought a reversal of his robbery conviction on the ...
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This is an appeal from a judgment which, in effect, sustained a determination by the Los Angeles County Board of Equalization that appellants-taxpayers were not entitled to a reduction of 1961 property tax assessments upon certain washers and dryers. *3 Appellants brought the action by virtue of the provisions of section 5138, Revenue and Taxation Code. They sought to recover taxe...
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—Plaintiff appeals from the judgment entered following the return of a defense verdict by the jury empaneled to determine the issues of fact in this malpractice action. It is undisputed that appellant suffered a paralysis of his right arm as the result of a tourniquet placed thereon by respondent doctor during the performance of an excision biopsy of a tumor. Contrary to appellant’s assertions,...
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Appeal from an order determining interest in an estate. Verna Robison, the decedent, was survived by her father, brother, and sister. Under her will, as amended by a valid codicil, she gave all stocks, bonds, and cash to the Southern California Association of Seventh Day Adventists. She divided the residue of her estate into thirds, one-third to be apportioned among the father, sister, and brother...
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This is the third time that the airframe of a certain Douglas C-54B aircraft has occupied the attention of this court. The background of the present controversy is detailed in the opinion written by Justice Wood in Great Lakes Airlines, Inc. v. Smith, 193 Cal.App.2d 338 [14 Cal. Rptr. 153]. For convenience we briefly summarize it as follows: On September 13, 1955, one of the present plainti...
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Petitioner's application for workmen’s compensation benefits was denied by the commission on the ground that his claim therefor is barred by the one-year limitation statute. (Lab. Code, § 5405.) As provided therein, this period commences to run from (a) the date of injury, or (b) from the expiration date of any period covered by disability payments, or (e) from the da...
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Southern Pacific Company, as the owner of certain property abutting on South Alameda Street in Los Angeles, applied for a permit to build a warehouse thereon. When the city refused to issue such permit unless compliance was had with section 12.37 of the Los Angeles Municipal Code, requiring petitioner to dedicate a portion of its property to the city for street widening purposes in accordance w...
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This is an appeal from a judgment directing the issuance of a peremptory writ of mandate ordering the appellants, San Bernardino Valley Municipal Water District (hereafter referred to as Valley District), organized pursuant to the Municipal Water District Act of 1911 as amended (hereafter referred to as Act of 1911) 1 and its board of directors, to terminate its proceedings for the annexation o...
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This is an appeal from an order made subsequent to the entry of the judgment directing the issuance of a peremptory writ of mandate ordering San Bernardino Valley Municipal Water District to terminate its proceedings for the annexation of territory underlying Big Bear Lake. That judgment was this day affirmed in Fuller v. San Bernardino Valley Municipal Water Dist., ante, p. 52 [51 Cal.Rptr. ...
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This is a companion case to Fuller v. San Bernardino Valley Municipal Water Dist., ante, p. 52 [51 Cal. *70 Rptr. 120] 4th Civil No. 7560, decided this day. Reference is made to our opinion in that case for the factual background giving rise to these appeals. Appellant Bear Valley Mutual Water Company, the owner of lands underlying Big Bear Lake, appeals ...
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Alphonso Dickerson was charged with assault with intent to murder (Pen. Code, § 217). Represented by the public defender, he waived trial by jury and had his case tried by the court. He was convicted of the lesser offense of assault by force likely to produce great bodily injury (Pen. Code, § 245). Mrs. Gertrude Devezin, the complaining witness, a widow, knew Dickerson slightly and occasionally em...
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Defendant Community Chevrolet, Inc., (“dealer”) sold a used 1955 Ford on December 29, 1959. Later that day the ear was involved in an accident. After extensive proceedings below it was held that the dealer had not properly relieved itself of its liability as owner and was vicariously responsible for the negligence of the driver under section 17150 of the Vehicle Code. Plaintiff was awarded a judgm...
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This is an appeal from an order revoking letters of administration previously issued to Lynne Vernon and directing that letters issue to the Los Angeles County Public Administrator. Mary E. Pascoe, a resident of Los Angeles, died intestate,1 leaving an estate subject to probate in this state. She was survived by two nephews, one a resident of Oregon and one a resident of Virginia, a niece, a resid...
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Cross-appeals are here presented from a declaratory judgment determining the relative and respective rights and obligations of the parties to this action under policies of insurance issued by them. The controversy arose under the following circumstances: Ronald Berman, while employed by Western Truck Lines (referred to hereinafter as “Western-Gillette”) drove his employer’s pick-up truck t...
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Kenneth Van Brunt and Hugh Vizzard were committed to state prison in 1958 following their pleas of guilty to an armed robbery. In petitions for habeas corpus they attack their convictions, alleging primarily deprivation of their constitutional right to representation by legal counsel. A related issue is raised by the contention that at their preliminary examination the committing magistrate effec...
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Habeas corpus, attacking a 1956 conviction of second degree robbery. Like the petitioners in In re Van Brunt (3 Crim. 3996, 4003) ante, p. 96 [51 Cal.Rptr. 136], this day filed, the petitioner appeared without counsel at his preliminary examination and made a courtroom confession. In this case, however, before permitting the accused to take the stand, the magistrate fully and fairly informed ...
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Habeas corpus, attacking a 1960 conviction of escape from state prison (in violation of Penal Code section 4530). Petitioner is also held under earlier commitments for offenses such as bad checks, burglary and forgery. Like the applicants in In re Van Brunt (3 Crim. 3996, 4003) ante, p. 96 [51 Cal.Rptr. 136], and In re Grayson (3 Crim. 4016) ante, p. 110 [51 Cal.Rptr. 145], this day fil...
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Defendant operator of a cattle auction yard, appeals from a conviction of three counts of violation of Penal Code section 496, subdivision 1, receiving stolen property, and four counts of violation of Agricultural Code section 435, subdivision (b), altering or defacing a brand or mark on an animal with the intent to steal or to prevent identification by the true owner. One lot or truckload of h...
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This action involves separate appeals by the defendants Jolke and Endal from judgments resulting in prison sentences imposed for respective offenses which were originally charged in the same indictment because they evolved out of the same series of events. Jolke was sentenced following his conviction by plea of guilty of possession of marijuana in violation of section 11530 of the Health and Sa...
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This appeal from an order denying a motion to vacate a bail forfeiture involves the validity of a summary judgment entered pursuant to section 1306 of the Penal Code against appellant, National Automobile and Casualty Com *152 pany, the bail bondsman for one F. Langlois, in two Alameda County proceedings. The questions presented are: 1) whether the trial court properly ignored the ...
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This appeal requires definition of the statutory term “ordinary high water mark” (Civ. Code, § 830), and application of the rule to a situation in which the land itself moves in greater degree, but with less frequency, than do the tides. Defendant owned a sandspit bounded on one side by the Pacific Ocean, and on the opposite side by Bolinas Lagoon. On each of these sides, defendant owned the up...
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In this malpractice action, tried without a jury, the court found in favor of defendant Marine, an obstetrician, defendant Johnson, an anesthesiologist, and defendant hospital. Plaintiffs appeal from the judgment and order denying their motion for a new trial. Another defendant, likewise a physician, was granted judgment under section 631.8, Code of Civil Procedure, at the conclusion of plainti...
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Defendant Haslett Warehouse Conn pany appeals from a judgment awarding plaintiff The New York, New Haven and Hartford Railroad Company the sum of $9,808.02 as freight undercharges on certain shipments of goods which were consigned to defendant. There is no conflict in the evidence. It shows that the 21 carload shipments subject of this action were delivered to defendant during the years 1957 and 1...
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While in the course and scope of his employment respondent was injured by a third party, against whom he filed the within personal injury action. *190 Appellant intervened as the employer’s compensation insurance carrier, seeking recovery of medical an'd disability payments in the total amount of $15,767.95. The claim against the third party was thereafter settled without trial for $30,000. ...
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Defendants Weisel, Lipschutz and Gold appeal from a judgment of $13,000 entered against them in favor of plaintiff, a corporation, following a nonjury trial. On appeal Gold has abandoned any separate defenses, taking the position that if the judgment is valid as against his codefendants it may be deemed to be good as against him. Respondent is a licensed real estate broker and as such nego...
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Vehicle Code, section 20002, subdivision (a) apply to a “hit and run” accident *200 occurring upon private property and resulting in injury to private property? This is the question presented in this proceeding. Defendant was charged in the municipal court with a violation of section 20002, subdivision (a) 1 in that he “did wilfully and unlawfully drive a vehicle wh...
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Virginia Novasal Smith was adjudicated insane in 1942 and committed to Patton State Hospital, where she died in 1963. In 1956 her husband, Mike N. Smith, made prospective funeral arrangements for himself and his wife. He predeceased her in 1961. She was survived by four children, the litigants here. The defendant children buried their mother in a cemetery owne'd by the defendant corporation. Th...
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Leila Love Keeler (Leila) and Ellen Keeler Schaefer (Ellen) pursue separate appeals from several judgments denying their respective petitions to set aside a decree of adoption entered by the Superior Court in Orange County. The adoption decree, entered June 11, 1952, approved an agreement, dated May 13, 1952, by which Charles Butler Keeler (Charles), then 72 years of age, assumed the relat...
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We are presented with two appeals 1 in an action for declaratory relief brought to determine the respective rights and obligations of three insurance carriers in respect to a claim for damages for personal injuries. The matter was submitted below upon an agreed statement of facts with attached exhibits containing copies of the pertinent insurance policies. This record discloses ...
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Defendants Sidney Dugas and John Baker were jointly charged by indictment with robbery and burglary. After a trial by jury, defendant Dugas was convicted of both offenses charged, and defendant Baker was convicted of burglary. Defendant Dugas alone has appealed from the judgment of conviction, and from the order denying his motion for new trial. The latter order is nonappealable. At approximate...
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Enrique Jacques Jordan, by means of a petition for a writ of habeas corpus, seeks to be released from Folsom Prison and delivered to the Los Angeles Superior Court for further proceedings. Petitioner is imprisoned pursuant to a judgment (designated ease number 119716, robbery) and commitment of that court for the crime of robbery in the second degree, entered on November 1, 1961. Petitioner is als...
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The executors of the will of Thomas S. Spivey appeal from a judgment which was rendered in favor of decedent’s former wife in an action on a rejected claim. The claim is for arrearages for child support which had been entered in a final judgment of divorce. The divorce decree ordered Thomas Spivey to pay to respondent, Sylvia E. Spivey, alimony for herself, which is not a subject of dispute, and ...
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The appellant brought this action seeking specific performance of an oral agreement alleged to have been made between her parents, Austin and Katherine Miller, whereby the parents agreed to leave their respective estates to each other, on the understanding that the survivor would leave his or her estate to their three children in equal shares. Respondents denied the existence of the oral agreem...
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Skyways Aircraft Ferrying Service, Inc., sued Bird and Stanton, both Lloyd’s underwriters, for breach of insurance contract (Bird on the old policy; Stanton on the new one) ; in the second and third causes of action, Skyways sued Jacobson and Northwest Underwriters for breach of warranty of authority to place insurance on the life of Jack Ford, and Jacobson for negligence in failing to obtain i...
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This is an appeal from a judgment discharging alternative writ of prohibition an’d denying petition for a peremptory writ. On September 22, 1964, a complaint was issued charging Dulsky with two violations of section 11225, Health and Safety Code. On September 30, he appeared alone in the municipal court and entered a plea of guilty upon which he was ordered to pay a fine of $500. Later the same...
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Defendant pleaded not guilty to a charge of driving an automobile without the owner’s consent (Veh. Code, § 10851), but admitted nine prior felony convictions. A jury found him guilty, he was sentenced to prison, and appeals. Defendant went to a used car dealer in Walnut Creek, expressed interest in purchasing an automobile, and asked permission to take it for “30 or 40 minutes” to show it to h...
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The sole issue raised on this appeal relates to the construction and effect of section 426b of the Code of Civil Procedure. Plaintiff wife filed suit for divorce, alleging extreme cruelty in general terms. Defendant husband duly filed his demand, pursuant to section 426b of the Code of Civil Procedure, for a more specific statement of the acts of cruelty relied on.1 Fifteen days later, plaintiff f...
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Defendant was charged by information with possession of marijuana (Health & Saf. Code, § 11530). He pleaded not guilty, waived a trial by jury, and stipulated to a submission of the case upon the testimony contained in the transcript of the preliminary hearing. The court found defendant guilty and denied his motion for new trial. Criminal proceedings were then adjourned so that a civil proceeding ...
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Plaintiff appeals from the judgment denying him the divorce he sought by reason of the acts of mental cruelty committed by his wife. Plaintiff’s complaint alleged that the parties had married in Carson City, Nevada, on February 12, 1964, and separated two months later on April 13, 1964. They had acquired no community property and there were no children the issue of their marriage. Service of su...
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An employee of appellant City of Los Angeles (City) was injured during the course of his employment allegedly by the negligence of respondent Anna Marie Aldrich on September 27, 1960. City filed a complaint on March 27, 1962, praying for the amount of compensation and medical expenses which it alleges it was compelled to and did pay to its employee as a consequence of said injury. City also pra...
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Thomas Farnum was convicted in a jury trial of the sale of marijuana; he was placed on probation and appeals from the order, as a judgment. *311 Paul Edward Pulliam was a state narcotic agent working in the Santa Barbara area. Paul Raymond Smith was a dealer in marijuana. Pulliam had made purchases of marijuana from Smith. Pulliam received a telephone call from one Mike Zegers informing him t...
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This is an appeal from a judgment for defendants in a suit brought by Lewis Earl Rouse, individually and as administrator of the estate of Elizabeth B. Rouse, his deceased wife, the ultimate aim of which is to recover certain personal property which he claims is community in nature and which allegedly was transferred by his spouse during her lifetime without his knowledge or consent. *31...
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This is an appeal by defendant wife from an interlocutory judgment and decree of divorce. The issues confronting us concern the trial court’s determination as to the community and separate character of the property of the parties and the disposition by the court of that property which it found to be community. *336 The parties were married on July 3, 1952 and separated on April 28...
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In a three-count information defendant was charged in count 1 with manslaughter, viz., the unlawful killing of Paul Cleron Richardson, by driving an automobile while under the influence of intoxicating liquor and failing to drive on the right half of the roadway with gross negligence; in count 2 with a similar charge of manslaughter with gross negligence arising out of the death of Johnnie Bee Ol...
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Appellant brought this action against respondent surety company to recover the cost of labor and materials furnished in constructing subdivision "streets and roads” at the request of subdivider Schian. The County of Kern agreed with Schian to approve and accept his proposed subdivision map in return for Schian’s agreement to construct streets and roads according to the map, with the proviso tha...
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This is an appeal from a judgment and sentence (Pen. Code, § 1237, subd. 1) of second degree murder, after a trial by jury. About 5:30 p.m. on July 31, 1964, appellant was sitting on the curb in front of the stairway entrance to a second-floor hotel in the “West End” of Sacramento. James Banson, Jr., emerged from the hotel entrance, crossed the sidewalk, and struck appellant on the back of the ...
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Lester G. and Frances S. Riehman, husband and wife (Richmans), appellants herein, were two of a group of defendants in a condemnation action (People of the State of California, etc. v. Joseph J. Mihojevich, et al. No. 769,414). On September 14, 1962, they were awarded $35,000 for a parcel of real property owned by them. On October 15, 1962, an interlocutory judgment predicated upon findings of fac...
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In 1963 the Legislature enacted the Electronic Repair Dealer Registration Law (Repair Dealer Law), Business and Professions Code, sections 9800-9880. There is a dearth of legislative history, but it is reasonably clear that the law was passed to protect the public from fraudulent, incompetent and elusive service dealers who in the past have, by unprincipled operations, imposed upon and swindled th...
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Defendant and cross-complainant wife, who was awarded an interlocutory decree of divorce from plaintiff and cross-defendant husband, and $100 per month alimony, has appealed from that part of the decree which awards to the husband, as a portion of the community property, one-half of the funds on deposit in a certain savings account which stands in her name alone. She expressly attacks the portion...
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In this action for declaratory relief, General Insurance Company of America, plaintiff and appellant herein, seeks a determination of the character of the policies issued by it and by the defendant and respondent herein, Truck Insurance Exchange. General Insurance appeals from a judgment holding Truck Insurance exonerated from liability. General Insurance had issued a blanket liability pol...
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Plaintiff, who brought this action as the trustee in bankruptcy of Carl W. Rynearson against defendants, Maurice and Alice Tindall, to recover on behalf of Rynearson’s creditors certain goods (or the value thereof) allegedly transferred to defendants by Rynearson in fraud of his creditors, appeals from the judgment in favor of defendants. The complaint in the instant action, after reciting...
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These are appeals in two separate cases. In 1 Grim. 5190 defendants Ethel Pease, James B. Valentine and Manuel B. Mattos were charged in an information with possession of a narcotic (percodan). (Health & Saf. Code, § 11500.) Their motion to set aside the information was granted (Pen. Code, § 995)1 and the People appeal. In 1 Crim. 5191 defendant Ethel Pease alone was charged in an information with...
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Plaintiffs-sublessors appeal from a judgment for defen dants-sublessees following non jury trial of this action to recover certain subrents or, as an alternative, to recover damages for failure to pay such subrents. *453 The trial court found that defendants’ obligation to pay rent under the sublease was terminated as of the time when the owners-lessors terminated the principal lease and took...
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In this declaratory relief action plaintiffs appeal from a judgment holding that their second deed of trust is junior to the entire amount of defendant Lytton’s first deed of trust. The judgment was rendered upon completion by plaintiffs of their case in chief. (Code Civ. Proc., § 631.8.) The facts follow. Plaintiffs sold an unimproved parcel of real property to defendants Caton...
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This is an appeal from a judgment declaring plaintiff’s declaration of homestead void, dissolving the temporary restraining order, and declaring that the execution sale of the subject property by defendant Stiller might proceed. Plaintiff Dolores Harley, in this action for injunction and other relief, alleged that she was the owner of certain residential property in San Mateo County and was in ...
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By an information the defendant was accused of forgery. His motion, under section 995 of the Penal Code, to dismiss the information was granted and the case was dismissed. The People appeal from the order of dismissal. The motion to dismiss was made upon the ground that there was no probable cause for the order of the committing magistrate holding the defendant for trial in the superior court. The...
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Defendants Helms and Lyons were each charged with burglary, robbery and assault with a deadly weapon. A jury convicted both of burglary and robbery but only Helms weis found guilty of the assault charged. The victim of the crimes was one Nelson Heindl. On appeal the sufficiency of the evidence is not questioned except with respect to the assault count, where it is claimed that a pillow can...
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This petition for habeas corpus by a releasee at large under an involuntary commitment of a person not charged with a crime under Welfare and Institutions Code section 3100 1 (formerly, and when petitioner was committed, Pen. Code, § 6500) seeks discharge upon several grounds. We discuss one of them only because we have determined that he is entitled to be released thereunder, namely...
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Plaintiff Holm Timber Industries brought this action to recover compensatory and exemplary damages for trespass, injury to real property and conversion of portions of a sawmill located on said property. The complaint named as defendants Plywood Corporation of America (hereafter referred to as “Plyco”), Wally Bushberg, Norman Bushberg, G. W. Westover and Albrite Manufacturing Company. All of the...
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Plaintiff, Earl Diemer, appeals from a judgment in his favor in amount one dollar, on the ground of inadequacy of damages. He was injured in a fall while he was working for Harold A. Price & Company, Inc., who was a subcontractor for waterproofing a building which was being constructed by respondent, Erie F. Anderson, Inc., the general contractor. Following the judgment rendered on t...
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The plaintiffs have appealed from a judgment in favor of the defendant Hank Gordon in an action on two promissory notes executed by Trailer Park Enterprises, Inc., a corporation, and bearing the signature of Mr. Gordon. Each note represented a portion of the purchase price of one of two lots which were purchased from the plaintiffs by the corporation and was secured by a deed of trust of the pr...
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Petitioners are defendants in a lawsuit for recovery of legal fees. Plaintiff in that lawsuit is Carlene Stewart (real party in interest in this proceeding), who sued as assignee of Wareham Seaman, an attorney who had a contract of employment with petitioners. Petitioners were served with process in that suit but did not appear. On October 21, 1964, real party in interest requested entry of the...
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Petitioner, Scotsman Manufacturing Co., Inc., seeks a writ of prohibition to restrain enforcement of a discovery order obtained upon motion of real party in interest, The Roberts Brass Manufacturing Company. The order was made in an action against petitioner, real party in interest, and others, to recover damages on account of injuries which the complaint alleges resulted from the explosion of a ...
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Plaintiff has appealed from a judgment for the defendant entered on a jury verdict in an action in which he sought to recover damages occasioned by and attendant to a fractured ankle suffered when the defendant slid into him in the course of a family softball game. He asserts that prejudicial error resulted when the trial court submitted the question of assumption of risk to the jury. ...
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Defendant was charged with possession of marijuana in violation of section 11530 of the Health and Safety Code. A motion to dismiss under section 995 of the Penal Code was made and denied; a motion to suppress evidence allegedly illegally obtained was denied; trial by jury was duly waived and the case was submitted on the transcript of the preliminary examination, neither party offering any addit...
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Defendant was convicted by a jury of first degree murder for the killing of her 9-year-old son, Kenneth York. The jury acquitted Lewis Johnson, another son of defendant, who was also charged with Kenneth’s murder. Probation and defendant’s motion for a new trial were denied and she was sentenced to state prison for the statutory term. This is an appeal from the judgment. 1 At the trial Rosaly...
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The trial court’s interlocutory decree granted both the husband, William, and the wife, Ann, a divorce. Neither objects to this 1 nor to the division of the nominally-valued community property. The principal controversy on appeal seethes over property the status of which the court declined to determine. Its refusal was upon the ground that the parties, as to that property, were befor...
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A wife appeals from that part of an interlocutory divorce decree awarding custody of her two children to her husband. The family had been living in Yuba City. At the time of the parents’ separation in April 1963 the elder child was 2 years old, the younger 1 year old. At first the father acknowledged the mother’s custody of the children. *581 Some weeks later he became concerned with the kind o...
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Plaintiffs are the owners of a promissory note executed by defendant corporation and secured by a third deed of trust on real property improved by a 72-room motel. Defendant failed to make payments due under said note for the months of February, March, April, May and June 1964. Defendant was also in default under the first and second deeds of trust. On June 8, 1964 plaintiffs filed and rec...
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The sole issue on this appeal is the effective date of the 1963 amendments to Insurance Code, section 1530, and to Revenue and Taxation Code, section 12003 (Stats. 1963, eh. 1909). These amendments were intended to equalize the tax treatment of stock, mutual, and reciprocal insurers by reducing the amount of corporate franchise taxes paid by corporate attorneys in fact for reciprocal insurers. Pla...
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After a court trial—in which the case was submitted upon the testimony contained in the preliminary hearing transcript and the stipulated-to testimony of one *595 further prosecution witness—defendant was found guilty of the charge of soliciting an abortion in violation of Penal Code section 276. He was denied probation and was sentenced to state prison. The appeal is from the judgment of convi...
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This is an appeal by M. B. Rich, O.D., from the judgment of the trial court denying his petition for a writ of mandate to compel the State Board of Optometry 1 to reissue and reactivate three branch office licenses which Rich had previously possessed. Rich contests the propriety of the trial court’s determination upholding the Board’s decision that he is not entitled to the reactivation of thes...
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Plaintiff Pierre King, while, or immediately after, shopping in a Payless Drug Store, was arrested for alleged shoplifting. After an acquittal of a charge of theft, King sued Payless, defendant Ollie Andersen, a security officer, and the owner (defendant Johnson) of the detective firm by whom she was employed, for (1) false arrest and (2) assault. The motion of defendants Andersen and Johnson for...
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This is a contest (Elec. Code, §§ 20050, 20089) of an election held upon a proposal for incorporation of the City of Scotts Valley. The official canvas declared 344 votes in favor of incorporation and 323 against. The trial court found that 27 ballots were cast by persons not living within the boundaries of the proposed city. Of these, 13 favored incorporation, and there was no evidence as to h...
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Appellant was a probationary teacher of the Centinela Valley Union High School District. Prior to May 15, 1964, she was dismissed under the provisions of Education Code, section 13443. That section, in pertinent part, provides: “On or before the fifteenth day of May in any year, the governing board may give notice in writing to a probationary employee that his services will not be required for ...
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Plaintiff, State Farm Mutual Automobile Insurance Company, a corporation, hereinafter called “State Farm,” appeals from a judgment in favor of defendants in an .action for declaratory relief. State Farm issued a policy of insurance to Madeleine L. Cooke and to her son, Ronald Cooke: Madeleine and Ronald-Cooke were listed in the policy as the “named insured.” This *621 liability insurance poli...
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This appeal is from a judgment following a jury trial in which the defendant was convicted of conspiracy to commit grand theft (Pen. Code, § 182) and six counts of grand theft (Pen. Code, §§ 484, 487). Defendant was the dominant figure in Pacific Trust Deed Association which operated between January 1960 and November 18, 1960, following which it went into receivership. The victims of the v...
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This appeal is from a judgment following a court trial in which defendant was convicted of conspiracy to commit grand theft (Pen. Code, § 182) and two counts of grand theft (Pen. Code, §§484, 487). The ease arises out of defendant’s conduct as president of Pacific Trust Deed Association. The indictment upon which defendant was tried is the same one as in People v. Collins (2 CR 9560) ante, p. 626 ...
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Petitioners Jeanne Davis and Harlan Clay Davis, husband and wife, were each convicted in the municipal court of violating that portion of section 650% of the Penal Code which makes it a misdemeanor “wilfully and wrongfully” to commit any act “which openly outrages public decency,” provided that no other punishment for such act is prescribed by the Penal Code. In the same trial Jeanne Davis...
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Using her husband’s rifle, a .22 caliber semiautomatic, defendant shot him four times. One bullet was fatal. She was charged with second degree murder. A jury convicted her of voluntary manslaughter. Her appeal involves no new or important issue of law, changes no established principle of law. Because the discussion of the principal point raised on appeal does, we think, illustrate an intellige...
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Plaintiff, Palm Springs Paint Company, brought this action against defendant Richard Arenas, a member of the Agua Caliente tribe of Mission Indians, and the *684 Security First National Bank, guardian of his estate, for declaratory relief and breach of an agreement, hereafter referred to as the “side agreement,” executed by Arenas contemporaneously with the execution of a five-year...
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Appellant petitioned the court below for a writ of prohibition to restrain the Municipal Court of the Pasadena Judicial District from trying him upon a charge of violating section 14601 of the Vehicle Code by driving a motor vehicle upon a public highway at a time when his operator’s license had been revoked. The complaint alleges three prior convictions of appellant on the same charge. As will...
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By this suit, brought during her lifetime, Laura R. Barham asked the court to determine that the sum of $45,377.66, won by her husband, Paul G. Barham, at the Agua Caliente Race Track, was the community property of the parties, and to order “that the whole of said community fund or such part thereof as may be found to be just be awarded to plaintiff.” A motion for summary judgment was made by M...
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The answer to the following question must control the outcome of this appeal: does the nunc pro tunc date of an interlocutory divorce decree, or the actual calendar date on which it is entered, control the application of the conclusive presumption that a child born in wedlock is the issue of the husband? Plaintiff, born March 25, 1962, sued the defendant, Roy Price, through her guardian ad ...
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The defendant was convicted of statutory rape (Pen. Code, § 261, subd. 1) ; the judgment was entered September 14, 1965, the notice of appeal was dated September 29, 1965, and it was received by the County Clerk of Kings County on October 4, 1965, having been sent by the defendant from state’s prison. When the defendant applied to this court for leave to file a late appeal, his request was grante...
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Appeal from a conviction for extortion (Pen. Code, § 518) and for attempted extortion (Pen. Code, §524). Everett Peniston, the defendant, is a chief petty officer in the Navy. He met the complaining witness, Anne Shores, in August 1962, in a bar where she was a cocktail waitress. The following morning Peniston left on a Navy cruise. During this trip a torrid correspondence began, and Mrs. Shore...
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Appellant was found guilty of robbery and violation of section 10851 of the Vehicle Code (taking of an *726 automobile without the consent of the owner). He appeals. He pleaded guilty to four felonies committed at another time, for which he was sentenced to the state prison. The appeal does not affect the judgment on the four separate crimes. Facts of the robbery The case against appellan...
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The Superior Court of Alameda County directed issuance of a writ of mandate compelling the Municipal Court of the Oakland-Piedmont Judicial District to set aside respondent Robert E. Blake’s plea of guilty to a traffic citation charging him with a violation of Vehicle Code section 22350 (driving a vehicle at a speed which endangers the safety of persons and property). This appeal challenges the p...
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A jury found defendant guilty of first degree burglary and found that the charges of three prior felony convictions were true. Defendant was sentenced to prison but was not found to be an habitual criminal. He appeals. Defendant was caught by police in the act of burglary, and testified that he committed it. The only fact issue concerned degree, and turned on his throwing of a hammer when surprise...
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During a strike against plaintiff’s employer (Utility Trailer Manufacturing Company), plaintiff was picketing in the area of a driveway that extends to the delivery entrance to the employer’s place of business. Defendant 0linger, who was delivering supplies to the company, drove a truck (owned by defendant G. I. Trucking Company) into the driveway. While the truck was proceeding along the driveway...
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The State of California appeals (under Pen. Code, § 1238, subd. 1) from an order granting a motion to set aside an indictment charging defendant with violation of Health and Safety Code section 11530 (possession of marijuana). (In a previous proceeding a motion to quash the information regarding the same offense was granted.) Incriminating evidence at the preliminary hearing and later before the ...
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Defendant Transport Indemnity Company has appealed from a judgment awarding plaintiff, California Steel Buildings, Inc., the sum of $11,491.82 which represents the *751 amount allegedly expended in the defense of a claim for personal injuries which plaintiff asserts was covered by a policy of insurance issued by defendant to a supplier who, at the time of the accident, was furnishi...
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Plaintiff brought this action against defendants seeking to enforce an oral agreement to pay plaintiff a “finder’s fee” for his services in introducing a buyer of real property to defendants. General and special demurrers interposed by defendants were sustained without leave to amend. Plaintiff appeals from the judgment of dismissal subsequently entered. The principal issue presented is whether...
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Following a preliminary hearing, defendant was held to answer to the charge of possession of marijuana. (Health & Saf. Code, § 11530.) An information was subsequently filed charging this offense. Defendant moved, under section 995 of the Penal Code, to set aside the information on the ground evidence against him was illegally obtained. The motion was granted and the People appeal pursuant to Pe...
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I dissent. I cannot agree with my brethren that it was proper to enter a judgment against a person not sued as a defendant or served with process, and which did not appear voluntarily, or have its day in court. Consequently, I believe that the judgment against Community National Bank is void (28 Cal.Jur.2d, Judgments, § 4, pp. 615-618; 49 C.J.S., Judgments, §§ 23, 24, pp. 52-55; 30A Am.Jur., Judgm...
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242 Cal.App.2d 774 (1966) 51 Cal. Rptr. 789 GLENS FALLS INSURANCE COMPANY, Plaintiff and Appellant, v. CONSOLIDATED FREIGHTWAYS, Defendant and Respondent. Docket No. 22810. Court of Appeals of California, First District, Division One. June 14, 1966. *775 Robert E. Lee for Plaintiff and Appellant. Robert C. Stetson and James R. Hagan for Defendant and Respondent. SULLIVAN, P.J. This is an appeal b...
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Defendant appeals from the judgment in favor of plaintiffs, which judgment was rendered in response to plaintiffs’ motion for judgment on the pleadings. Defendant’s contentions on this appeal are that the trial court erred in granting plaintiffs’ motion for judgment on the pleadings and that even if the motion was meritorious, since it was based on a defect in the form of defendant’s answer, th...
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FRAMPTON, J. pro tem. * The appellant, Judith Schwartz, is the plaintiff in an action filed in the Superior Court of Los Angeles County, wherein she seeks damages against the defendant, David A. Thiele, the respondent here, for damages for the alleged invasion of her privacy. The third amended complaint sets forth the following factual background as the basis of her right to r...
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Appellant, Tyler Henry Smith II, brought this action to recover damages for breach of a written contract. After hearing the evidence the trial court entered judgment in the sum of $13.20. For reasons hereafter stated we have concluded that the judgment must be affirmed. Appellant operates a private employment agency. In late 1962 respondent sought his aid in finding a job. The parties entered into...
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The relationship of the heirs at law to the adoptive father of decedent entitled them to succeed to decedent’s estate: Our question is whether the same collateral adoptive relationship necessarily requires that they be treated, for inheritance tax purposes, as relatives. Decedent came to California from the Azores early.in the present century to live with Mr. and Mrs. J ose P. Amaral, By the time ...
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The plaintiff appeals from a judgment entered in favor of defendants. On November 23, 1962, at about 4:30 p.m., a multiple rear-end collision occurred on the southbound lane on Euclid Avenue. Plaintiff’s Valiant was the first vehicle in the accident. Defendant MeTeer, driving a Chevrolet, was second in line with defendant Shaffer driving a Ford automobile owned by defendant Union Oil Compa...
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By an information filed in November 1964, the defendant was charged with a violation of section 192, subdivision 3(a) of the Penal Code in that the defendant, in the driving of a motor vehicle in the commission of an unlawful act, not amounting to a felony, with gross negligence, or in the commission of a lawful act which might produce death, in an unlawful manner and with gross negligence, did k...
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Plaintiffs appeal from a judgment entered pursuant to an order sustaining defendant’s demurrer to their amended complaint for declaratory relief without leave to *829amend. Plaintiffs also purport to appeal from the nonappealable order sustaining demurrer. The controversy stems from an ordinance enacted by the Board of Supervisors of Fresno County declaring the terms of the five members of the civ...
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Plaintiff appeals from a judgment that followed an order granting motion for nonsuit in an action for malicious prosecution. George Allen, while employed as a service station operator for defendant Socony Mobil Oil Company, was the victim of *833 an armed robbery. He was alone at the time. In accordance with instructions from his employer, Allen immediately telephoned the poli...
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Cross-defendant George E. Witcosky, doing business as Tara Manufacturing Company, a subcontractor, hereinafter referred to as Tara, has appealed from a judgment which awarded cross-complainant John E. Branagh & Sons, a general contractor, hereinafter referred to as Branagh, indemnification for the sum of $24,142.28 which was paid by Branagh in satisfaction of one-half the amount of judgments ob...
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This is an appeal from a judgment following a jury verdict for plaintiff in the sum of $11,153.60 against defendant Financial Indemnity Company (“Financial”). The appeal is on a clerk’s transcript augmented by the judgment roll in the original action. Financial had insured one Cervantes under a public liability policy. Plaintiff had obtained a default judgment against Cervantes for personal injur...
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Defendant was found guilty by separate jury verdicts of assault with a deadly weapon (Pen. Code, § 245) and mayhem (Pen. Code, § 203). Based upon the rule against multiple punishment (Pen. Code, § 654) for “one indivisible transaction” (Neal v. State of California, 55 Cal.2d 11, 19-20 [9 Cal.Rptr. 607, 357 P.2d 839]), the trial court sentenced only on the mayhem conviction and granted a new t...
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Petitioner, Larry Marsh, sought a writ in the superior court prohibiting the Municipal Court of the Citrus Judicial District from trying him upon a misdemeanor charge of violating section 148 of the Penal Code (resisting public officer in discharge of duty). The writ was sought upon *867the alleged basis that petitioner had been denied his right to a speedy trial. He appeals from the order denying...
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Defendant and one Brown were accused in five counts, as follows: count 1, armed robbery of Herman Libbey, count 2, kidnaping Herman Libbey to commit robbery; count 3, armed robbery of Tommy Webster; count 4, kidnaping Tommy Webster to commit robbery; and count 5, assault with a deadly weapon upon the person of Officer Higbee. In a jury trial, defendant Johnson was found guilty, and defendant Brow...
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Plaintiff appeals from a judgment denying recovery upon a policy of burglary insurance issued by defendant. Coverage under this policy was circumscribed by the definition of the term “burglary” as used therein, which was: “[T]he felonious abstraction of insured property (1) from within the premises by a person making felonious entry therein by actual force and violence as evidenced by visible mar...
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Defendant forged the signature of the payor on at least 10 cheeks; cashed them; received $652.80 from the persons cashing such; and was convicted of eight counts of forgery in connection therewith. Upon his arrest the police removed from his person $726.56, and took from his possession items of personal property consisting of cartons of cigarettes, 50 bottles of 7-UP and several bottles of variou...
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In 1963, the defendant petitioner filed an order to show cause to require respondent to have the minor *887 children of their previously terminated marriage registered in school and known by their paternal surname and not the surname of the present alleged spouse of the respondent. After a hearing this relief was denied. From the record, including an engrossed statement filed in lieu of a tra...
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In a trial without a jury, at which he was represented by a deputy public defender, the defendant was found to be guilty of the crime of assault with a deadly weapon. (Pen. Code, § 245.) His motion for a new trial was denied. Probation was denied and he was sentenced to be punished by imprisonment in the state prison for the term prescribed by law. He has appealed from the judgment and has atte...
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Defendant was found guilty after a trial by the court on a charge of knowingly exhibiting obscene motion pictures in violation of Penal Code, section 311.2. Defendant appeals on the grounds that the films in evidence were first exposed to police officers during a wrongful search; that the films were, in any event, illegally seized by the officers, without any warrant, and without any prior judicia...
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On April 12, 1963, Oscar B. Armstrong (Oscar) died. Gladys Seavey (appellant), daughter of the deceased and executrix of his estate, appeals from a decree determining interests in Oscar’s estate pursuant to a petition she filed under Probate Code, sections 1080 and 1081, on November 13, 1963, requesting such a determination. Respondents Nettie Kuhlken, Stephen Briening, Edward Briening an’d Gerald...
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This is an appeal by plaintiff from an order which (1) reduced the amount of support payments for plaintiff and the minor children of the parties from $550 per month to $250 per month retroactive to November 2, 1964; and (2) determined that defendant is in arrears in his support obligations in the amount of $710 rather than the sum of $1,000, There is no dispute as to the facts on this appeal. ...
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The issue is one of statutory construction of the penalty provision for delay in the payment of workmen’s compensation. (Lab. Code, § 5814.) Petitioner seeks to annul an order of the commission denjdng her request for the imposition of a second penalty. In 1962 petitioner sustained injuries in the course of her employment and was awarded temporary disability benefits, medical treatment, and med...
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The only question presented by this appeal is the propriety of an order granting plaintiff’s motion for a new trial for errors of law. Plaintiff filed this action for personal injuries sustained in a collision with a vehicle 'driven by defendant. After the jury brought in a verdict for defendant, the trial court granted plaintiff’s motion for a new trial because it had admitted into evidence, f...
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Respondent, Marble Mortgage Company (hereafter referred to as Marble), was successful in the trial court in this action for a refund of a portion of the California franchise tax paid under protest for its fiscal years ending September 30, 1956, September 30, 3957, and September 30, 1958. On this appeal by the State Franchise Tax Board (hereafter referred to as the state), the sole question is o...
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Carvrey M. Davis, Jr., was convicted of first degree robbery (Pen. Code, § 211), attempted robbery (Pen. Code, §§ 211, 664), and two counts of assault with a deadly weapon (Pen. Code, § 245). He appeals, urging insufficiency of the evidence to support the verdict. The convictions resulted from two separate holdups. On May 7, 1964, a liquor and grocery store was held up by two gunmen. One entere...
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This appeal is from a judgment declaring that those portions of the Los Angeles Municipal Code which call for the licensing of a “Public Solicitor” are unenforceable against the plaintiffs for the reason that a general law of the state, Business and Professions Code sections 7520 through 7583, has preempted the subject matter. Plaintiffs are a corporation licensed by the state as an insurance a...
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Under a single ease number we have separate appeals from two convictions for petty theft committed after a prior conviction of petty theft (Pen. Code, § 666). Each case was tried separately, before a different judge and on a different record. In each case the defendant waived his right to a jury trial and agreed to submit the matter upon the transcript of the preliminary examination. Defendant was...
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Defendant appeals from a judgment on verdict convicting him of a violation of section 288 of the Penal Code. Facts The victim, Celia, aged 10 at the time of the offense, January 7, 1965, was in bed in her separate bedroom on the second floor of her mother’s home when defendant entered the bedroom on two occasions separated by a brief period of time. On his first entrance, he left the door ope...
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J.— The question in this case is what, if any, discretion a court has to withhold execution for unpaid installments under a property settlement agreement which has been incorporated into a judgment. The parties have been before this court in two earlier appeals, Moniz v. Moniz, 142 Cal.App.2d 527 [298 P.2d 710], and Moniz v. Moniz, 142 Cal.App.2d 641 [299 P.2d 329]. It is not questioned b...
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Plaintiff appeals from an adverse judgment after trial by the court without a jury. The case was tried on an agreed statement of facts which was adopted by the court in its findings. It is the contention of appellant that the trial court erred in refusing to adopt appellant’s interpretation of its automobile liability policy. The dispute here is between two insurance carriers, each of which assert...
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On September 7, 1961, in Orange County, defendant, a youth of 18 years, was found guilty of a violation of section 211, Penal Code, as charged and the degree fixed at second degree. At the time set for pronouncement of judgment and sentence, the judge suspended the imposition of sentence and granted probation for a period of five years under certain terms and conditions including a condition defe...
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This is an appeal by the state and the state Controller from an order determining and fixing the inheritance tax payable by Velma Nelson, the transferee of inter vivos gifts made to her by the decedent, Eddie Webb, who died testate on February 2,1962. On January 17, 1962, the decedent gave to respondent by oral assignment and delivery of the passbook an account on deposit in the Bank of America Na...
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This is an appeal by plaintiff Faye Roberts from an order denying her motion to modify an order discharging an order to show cause in a divorce action. It is presented on a record consisting of an agreed statement and a clerk’s transcript. (Cal. Rules of Court, rule 6.) 1 We set forth the following chronology of procedural events leading up to the instant appeal: On December 7, 1955, plaint...
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Trial by jury having been ‘duly waived, appellant was tried by the court and found guilty of first degree burglary and assault with a deadly weapon as charged in the two separate counts of the information. The judgment decrees that appellant “be punished by imprisonment in the State Prison for the term prescribed by law, on said Counts.” Appellant’s contentions on this appeal from the judgment ...
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Plaintiff appeals from the judgment for defendants and from the order made thereafter denying his motion for judgment notwithstanding the verdict 1 in this action, tried before a jury. Appellant contends that the material facts are undisputed and thus he was entitled to have granted his motion for a directed verdict, which motion had been made and denied. Appellant’s action was brought agains...
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Pursuant to an investigation, decision and order of the Public Utilities Commission a carrier brought an action against a shipper to recover undercharges. Based upon *117 a stipulation of facts entered into by the parties, judgment was entered for the shipper. The question presented on this appeal is whether the Public Utilities Commission in the name of the People may maintain an ...
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Plaintiffs Frances M. Buss as Executrix of the Last Will and Testament of Bichard C. Buss, deceased 1 and C. U. Martin by and through John 0. Martin, his attorney in fact, appeal from an adverse judgment entered on an order sustaining defendants’ demurrer to plaintiffs' first amended complaint without leave to amend. 2 *126 The present action is brought under se...
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The People appeal from the order granting defendant a new trial following the verdict of a jury that he was guilty of a felony manslaughter in the driving of a motor vehicle. (Pen. Code, §192.3, subd. (a).) No useful purpose would be served by setting forth the evidence in detail. It is sufficient to state that, although circumstantial in character, it was abundantly sufficient to sustain the jury...
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This is a second appeal arising out of defendant’s conviction of two counts of first degree robbery committed September 14, 1963, in violation of Penal Code section 211. Before sentencing defendant to state prison on January 29,1964, the trial judge stated that he was “prohibited by the code” from granting probation. On defendant’s appeal the District Court of Appeal for the Second Appellate Dist...
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Plaintiff has appealed from an adverse judgment in an action for declaratory relief in which she sought a determination that certain 1957 amendments to the Education Code were unconstitutional as applied to her because they reduced her pension as it should be computed under the law in effect on July 1,1956. As a collateral issue she seeks, if successful on the principal issue, recovery of costs, e...
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The question is whether a planning commission exceeded its jurisdiction in granting a variance from a zoning ordinance to allow land which is zoned R-l-A, for resi *159 dential use and light agricultural use, to be used as a mobile home park. General Statement of Facts The property for which the variance at issue was approved is a 20-acre tract of land owned by respondent A. G. Brisaek, a...
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Plaintiff appeals from a superior court order denying his petition to file an alleged late claim against the County of Butte for damage to real and personal property. Question Presented Is the limitation in section 912 of the Government Code, prescribing a limitation of 20 days to apply to the superior court for relief after denial of a petition to the board of supervisors for leave to file...
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The school district initiated an action in eminent domain in July 1963 for the purpose of acquiring title to 20 acres of land for a school site. The defendant, Hope Vieira, is the owner of an undivided one-half interest in the subject property and the remaining interest is held by the defendant, Security-First National Bank of Los Angeles, as trustee of an estate. The case proceeded to trial befo...
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The defendant was charged with a violation of section 11500.5 of the Health and Safety Code—possession for sale of a narcotic (heroin) other than marijuana. He was also alleged to have had two prior felony convictions. Sometime after his original pleas were entered, he finally admitted the second prior conviction, and the district attorney then moved to dismiss the first charge of a prior convict...
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This is an action for damages for personal injuries resulting from a collision of automobiles. In a non jury trial, judgment was for the defendant. Plaintiffs appeal from the judgment. Appellants contend that the evidence was insufficient to support the judgment. Defendant Ralph M. Parsons Company, a corporation, is a large engineering company, with its home office in Los Angeles and several branc...
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This is an appeal from a judgment denying a peremptory writ of mandate in a proceeding brought to review the order of the respondent Department of Alcoholic Beverage Control that the on-sale beer license of the petitioners be revoked 1 because of the conviction on or about March 10, 1961, of the petitioner Copeland of three counts of violation of section 476a of the Penal Code. ...
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After a preliminary hearing defendant was bound over on a charge of possession of marijuana for sale. (Health & Saf. Code, § 11530.5.) The superior court set aside the information after a motion under Penal Code, section 995. The People appeal. (Pen. Code, § 1238, subd. 1.) The evidence before the committing magistrate may be summarized as follows: Officers Barton and Schmidt of the Los An...
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In this action to establish a trust based upon an alleged oral agreement between spouses now deceased, the trial court sustained demurrers to three successive complaints, the third without leave to amend. Following this latter 'order, which was made on December 10, 1963, the trial judge signed and the clerk entered on December 20 a document captioned “Judgment” but which is in form merely another ...
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By information, defendants George Blunt and Edward Mims, were each charged with possession of marijuana (Health & Saf. Code, § 11530) in count 1, and offering to sell, furnish and give away marijuana (Health & Saf. Code, § 11531) in count 2. Three prior felony convictions were alleged against Blunt and one against Mims. The trial was by the court sitting without a jury. The case was ...
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The sole issue in this ease is whether appellant by entering into a property settlement agreement with decedent waived her right as his surviving wife to succeed by inheritance to his estate upon his dying intestate? We have concluded that she did and that the judgment and order determining heirship unfavorably to her claim should be affirmed. The parties agree on the facts. Appellant Dora...
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Appellants, some of the legatees under the will of Camille Ehrenfels, appeal from the trial court's “Decree Determining Interests in Estate,” which decree determined in part that the various bequests in decedent’s will of shares of common stock of Standard Oil Company of New Jersey (hereafter referred to as Standard Oil) be satisfied out of shares of common stock of Diversification Fund, Inc., on ...
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This is an appeal from a judgment on the pleadings. The respondent, Sperry and Hutchinson Company, commenced the action by filing a complaint seeking both declaratory relief and an injunction. 1 Appellants’ demurrer to the complaint was overruled. Appellants filed an answer and a cross-complaint seeling injunctive relief against re *231 spondent. A demurrer to the cross-...
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This is an appeal by the City of Pismo Beach from a judgment of the superior court which directed that a peremptory writ of mandate issue commanding the City Coun *239 oil of the City of Pismo Beach to adopt an initiative ordinance submitted to them 1 or in the alternative to call a special election to determine if the proposed initiative ordinance be adopted. The C...
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The Board of Medical Examiners of the State of California, hereinafter referred to as “the board,” has appealed from a judgment rendered and entered following a hearing on a petition for writ of mandate filed in the superior court by Harry M. Elder, M.D., hereinafter referred to as *248 “petitioner,” to review the decision and order of the board which revoked his license to practic...
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Appellants appeal from a judgment denying them an injunction and awarding respondents, as cross-complainants, damages both compensatory and exemplary for the commission of a nuisance. The nuisance charged in the cross-complaint is that of directing offensively loud noise, by means of loud-speakers, towards respondents’ home and property. The evidence clearly sustains judgment on the cross-compl...
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The superior court entered judgment directing that a writ of mandate issue to compel the city council of the City of Capitola to annul a resolution adopted by it vacating a 10-foot strip of a public street known as Grand Avenue. The city appeals. Grand Avenue is a public street in the City of Capitola, running generally in an east-west direction. Respondents own property on the north side ...
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Defendant appeals from the judgment entered following a jury trial that resulted in his conviction of the crimes of robbery (Pen. Code, § 211), and pimping (Pen. Code, § 266h). Appellant’s contention regarding the sufficiency of the evidence is without merit. Mrs. Edith Montgomery testified that she was a prostitute who had agreed to work for appellant and had done so for several months. During th...
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In this action for declaratory relief we are called upon to determine whether defendant Frederick Bowens was an additional insured under the automobile policy issued by plaintiff to Bowens ’ aunt and uncle. As will appear we have concluded that he was and that the judgment of the trial court declaring plaintiff’s obligations to Bowens under said policy should be affirmed. The background fa...
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Appeal from a judgment disallowing apportionment of ad valorem tax on oceangoing vessels plying international waters. The facts are not in dispute and the judgment of the trial court was based upon a stipulation of facts. The complaint below set forth 15 causes of action, each one seeking to recover a refund of ad valorem taxes paid under protest on 15 ocean-going vessels owned and op...
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Plaintiff appeals from an adverse judgment in an action to quiet title to a strip of land about 80 feet in width and about 2.938 acres in area. The land in question is an abandoned right-of-way of the Pacific Electric Railway Company (“Pacific Electric”). Plaintiff’s title derives from a deed dated February 18, 1955, from Glendora Land Company. Plaintiff’s grantor was the original subdivider of...
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Petitioner seeks a writ of mandate to compel the superior court to vacate and set aside its order denying, and to grant his motion for, a change of venue from Los Angeles County to the City and County of San Francisco. The real party in interest filed his complaint in Los Angeles County. Petitioner, defendant, filed his answer and notice of motion, supported by Ms affidavit, for a change o...
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Plaintiff is the widow of, and the administratrix of the estate of, Eldon W. Smith, a deep-sea diver who died as a result of an attack of the “bends” (caisson disease) suffered during a dive from an offshore oil drilling ship named *340 the Submarex. The fatal dive took place on April 4, 1957, and Smith died the following day. The Submarex was owned, staffed a...
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Defendant appeals from a judgment entered after a jury convicted him of a charge of voluntary manslaughter. The ease was tried shortly before the decision in Griffin v. California, 380 U.S. 609 [85 S.Ct. 1229, 14 L.Ed.2d 106], proscribed any reference to a defendant’s failure to testify in a criminal case. The district attorney argued the adverse inferences that pre-Griffin could be drawn f...
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Five members of the American Nazi Party, wearing party uniforms, steel helmets, and swastika armbands, picketed a meeting held to celebrate the fifteenth anniversary of the independence of Israel. Public disorder resulted, and all five were arrested, convicted, and sentenced on charges of conspiracy and assault. Three defendants have appealed. The anniversary meeting was scheduled for 8:30 p.m. in...
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The plaintiffs jointly appeal from a judgment entered in favor of defendants Bailey and Marcom. On January 6, 1956, plaintiffs, E. Lippert and J. Seach, purchased an improved multiple unit property in Los Angeles County. A few days after the purchase, said plaintiffs deeded an undivided one-half interest in the property to B. & J. Lippert. On or about January 1, 1956, defendant ...
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Raymond Rogers was convicted of burglary of the Kahlua Bar and burglary of the Alano Club (Pen. Code, § 459), with four prior felony convictions. Rogers was apprehended while parked at 4 a.m. on a county highway adjacent to the City of Covina. Officer Melton, a Covina police officer who was patrolling Covina businesses abutting the road, noticed Rogers getting into a parked car across the stree...
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Defendant Vincent Shaheen appeals from a judgment in the sum of $5,500 entered against him and his codefendants Albert J. Shaheen and Balph E. Smith. There is relatively little dispute concerning the factual background which gave rise to the alleged liability of defendant Vincent Shaheen:1 On June 7, 1960, three individuals, Bob Arrowood—who was named as a defendant but not served —Balph Smith and...
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— The question presented on this appeal is whether the City of Los Angeles was entitled to deduct from each payment made to a disabled fireman an amount as a contribution to the fire and police pension fund pursuant to a provision of the city charter. The trial court held that such deduction was improper. The City of Los Angeles has appealed from the judgment granting a peremptory writ of manda...
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Thelma Kimbrough brought suit against Routh Trucking Company for damages for the death of her husband, Isom Kimbrough, who lost his life when a truck he was driving for J&S Disposal Company collided with a truck and trailer of defendant Routh. Harold Kimbrough, an adult son, was a plaintiff, but went out on a nonsuit. In the present action Guarantee Insurance Company filed a complaint in intervent...
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Respondent, Escondido Mutual Water Company, brought this action for declaratory relief, seeking court approval of a proposed contract for the sale of its water rights and water distribution facilities to the City of Escondido. The contract, although apparently approved by the directors of Mutual and by the city council, has never been executed. Nor has the contract been approved by the shareholder...
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On December 5, 1958, plaintiff, appellant, was a passenger in a vehicle going southerly on Bayshore Highway, which was not then a freeway at the place of the accident. About a city block north of the intersection of Bay-shore Highway with Borregas Avenue, Rock, the driver of the car, changed lanes from the outside to the inside lane. He passed one car in the outside lane. There may have been a ...
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Defendant was charged with four counts of robbery and one count of kidnaping for the purpose of robbery. The information charged that he was armed at the time of the commission of each of the robberies. Pour prior felony convictions were alleged. Defendant pled not guilty and denied the priors; subsequently a plea of not guilty by reason of insanity was also entered. After proceedings under secti...
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This appeal is by defendant and cross-complainant Industrial Indemnity Company (Industrial) from a judgment which holds Industrial solely liable to plaintiff for the latter’s furniture store fire loss in the sum of $52,456.69. Liability was based upon an oral binder held to have been in effect at the time of the fire. A previous fire insurance policy covering the premises, written by cross-defe...
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In a second amended complaint for damages plaintiffs named County of Los Angeles in two causes of action alleging their false arrest and imprisonment by two deputy sheriffs. Plaintiffs appeal from a judgment dismissing the action as to the county following an order sustaining without leave to amend its demurrer to the second and sixth causes of action. Other named defendants are not parties to ...
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Plaintiff United States Steel Corporation (hereinafter referred to as Steel) appeals from a judgment in favor of defendant Transport Indemnity Company (hereinafter referred to as Transport) on plaintiff’s complaint, and together with cross-defendant Insurance Company of North America (hereinafter referred to as INA), from a judgment in favor of Transport on the latter’s cross-complaint. ...
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This is an appeal from a judgment awarding respondent $64,000 damages for personal injuries arising out of an accident that occurred on April 11, 1960. The basis for the liability imposed is the Federal Employers’ Liability Act. (45 U.S.C.A. § 51 et seq.) Appellant contends (1) there is no evidence of its negligence; (2) the respondent was contributorily negligent; (3) the negligence of a third pa...
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Appellant was found guilty of possession of narcotics in violation of section. 11500 of the Health and Safety Code. Trial was to the court. Three prior felony convictions alleged in the information were found to be true. A search of appellant’s person at the time of his arrest yielded two rubber condoms containing heroin in his right front sweater pocket. Appellant contends here as he did at the t...
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— A jury convicted defendant of kidnaping (Pen. Code, §207), probation was denied and he was sentenced to prison for the term prescribed by law. He appeals from the judgment. Two contentions are advanced on appeal: 1. that the prosecutor committed prejudicial misconduct in asking certain questions of two witnesses called by defendant; and 2. that the court should have instructed the jury on ass...
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The State of California, a claimant to the estate of the ‘decedent under the provisions of section 231 of the *498Probate Code,1 has appealed from a judgment (decree determining interests in estate, §§ 1080-1082) which awards all of the estate to respondents, who, as relatives of the previously deceased spouse of the decedent, claim the right to succeed to the estate under the provisions of sectio...
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Having been found guilty by a jury of possession of marijuana (in violation of Health & Saf. Code, § 11530), defendant appeals from the judgment of conviction entered upon this verdict. 1 Defendant contends that the judgment should be reversed because (1) his arrest was unlawful and therefore the packet of marijuana cigarettes which the officers of the police and sheriff’s department...
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This is a legal malpractice action in which the plaintiff-client appeals from a summary judgment granted the defendant-attorney. The factual narrative will possess heightened significance against a backdrop of general doctrine: Actionable legal malpractice is compounded of the same basic elements as other kinds of actionable negligence: duty, breach of duty, proximate cause, damage. ...
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Appeal from a summary judgment. Plaintiff and respondent Leila L. Slack (hereinafter referred to as the plaintiff) and defendant and appellant Sheldon Slack (hereinafter referred to as the appellant) were married in the City of Chicago, State of Illinois, on August 18, 1949. They lived together in Cook County, State of Illinois, as husband and wife until the date of their separation on December 8,...
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Plaintiff Associates Discount Corporation, as assignee of the lessor of a lease of personal property, recovered judgment against the defendant Tobb Co., Inc., as lessee, for the balance of rental unpaid thereunder. Defendant appeals. The lease was evidenced by a written instrument dated December 20, 1960, between Capital Resources, Inc., an equipment leasing corporation, as lessor, and Tob...
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The personal representative of plaintiff Stathis appeals from a judgment of nonsuit granted under section 631.8 of the Code of Civil Procedure. Plaintiff’s complaint was to quiet title to an undivided one-half interest in an on-sale general license, an on-sale beer and wine license issued to a restaurant known as Lido Castaway, in all of the furniture, fixtures and equipment of the restaurant a...
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Summary judgment was granted in favor of defendants Graeser and Dixon Realty Company. Plaintiffs appeal. Appellants bought a home which, they say in their complaint and affidavit in opposition to motion for summary judgment, needed certain repairs. These were repairs to: a leaking shower, splits in the cement driveway, split bricks in the fireplace, and split kitchen walls. Appellants allege that...
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Petitioner, who had been discharged from his employment as a fireman with the respondent City of Signal Hill, sought a writ of mandate in the superior court compelling respondents (city, fire chief, city administrator, and civil service commission) to reinstate him in that employment. The court found that there was substantial evidence to support the commission’s findings that petitioner had on t...
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Rand Corporation is a nonprofit California corporation engaged in research and education for the United States of America relating to military preparation and effectiveness. The corporation owns a building on privately owned land in Santa Monica in Los Angeles County. In 1956 and 1957 the building contained a Johnniac computer which Rand had constructed for the government, a telephone network, ...
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Defendant appeals from a judgment on jury verdict finding him guilty of grand theft from the person, and of attempted robbery, in violation of Penal Code, section 487, subd. 2. At about 5 a.m. of November 8, 1964, John Leonard Yogan and Charles Cleaver were offered a ride in a car whose driver thereafter forcibly removed from Yogan’s wrist a 17-jewel Benrus watch and who, after Yogan and Cleave...
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Everett Lee Black was convicted of pimping, in violation of section 266h of the Penal Code. The evidence was ample to prove his guilt of procuring for the purpose of prostitution. The court pronounced judgment that he be imprisoned in the state prison for the term prescribed by law but then suspended execution of the sentence and placed the defendant on probation for five years, subject to certain...
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This is an appeal by Pacific Vegetable Oil Corporation (hereinafter referred to as “Pacific”) from the judgment of the trial court in a proceeding to apportion a condemnation award under Code of Civil Procedure section 1246.1, this judgment having adjudged that the funds on deposit from the condemnation of a certain parcel of real property be disbursed as follows: $19,501.38, plus interest, to ...
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On August 17, 1954, appellants Henry H. Guttman and Katherine Guttman owned approximately 6 acres of land on the corner of Sunset Boulevard and Alpine Drive in the City of Beverly Hills. Appellants’ home was on the northerly portion of the grounds. On the date mentioned appellants conveyed by grant deed the southerly portion of the property to the predecessor of respondent Howard Homes, Inc. an...
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By an amended information, defendant was charged in three counts with bookmaking in violation of section 337a of the Penal Code, subdivisions 1, 2 and 6 respectively. Five prior felony convictions were also alleged. A jury trial was waived an'd the case was submitted on the transcript of the preliminary hearing. The court found defendant guilty as charged. No finding was made on the priors. Motion...
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C. B. Cunningham and his wife sued the Security Title Insurance Company and its employee, Charles W. Streeper, for alleged negligence in the execution and completion of an escrow involving the sale by the Cunninghams of their mountain chicken ranch to George and Donna Gillespie. The case was tried by the court without a jury and resulted in a judgment that plaintiffs take nothing by reason of the...
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Arthur Bauer was convicted of the first degree murder of Mary Livingston and sentenced to life imprisonment. After being represented by appointed counsel at the trial, the defendant filed a late appeal in propria persona from the “sentencing.” This court, after due consideration of his application, permitted the late appeal and upon request appointed appellate counsel for the defendant. Althoug...
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This is an appeal from a judgment quieting title to certain property in the Hollywood section of Los Angeles, specifically a strip of land immediately southwest of La Brea and Hollywood Boulevard which formerly was used by the Pacific Electric Railway for railroad purposes following a condemnation proceeding in 1899 giving that company's predecessor a right-of-way thereover. Such right-of-way o...
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Defendant was charged, by information, filed by the District Attorney of Los Angeles County with the crime of pimping, a felony, in violation of section 266h, Penal Code, in counts I, III, V, and VII thereof, and with the crime of pandering, a felony, in counts II, IV, VI and VIII thereof. The cause went to trial before a jury and on October 19, 1964, the jury returned its verdict finding the def...
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Petitioner Maynard T. Tomlin, a prisoner at Folsom State Prison, by this petition for habeas corpus seeks to compel his return to the Commonwealth of Virginia, there to complete a partially served Virginia sentence and thus to serve his California sentence and the prior Virginia sentence concurrently. Tomlin, subsequent to a felony conviction in that state, was released on parole by the Virgini...
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Respondent filed a complaint in unlawful detainer against appellant. Service of summons was made upon the manager of appellant corporation, but no answer to the complaint was filed and appellant’s default was entered. Appellant then moved to set aside the default, pursuant to Code of Civil Procedure section 473. It accompanied its motion with a copy of its proposed answer. The motion was denied...
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Defendants answered ready when the case was called for trial. No evidence was introduced. Nonetheless, the court entered findings of fact, conclusions of law, and judgment in favor of plaintiff. Defendants appeal. The judgment is based upon an erroneous application of the presumption that “evidence wilfully suppressed would be adverse if produced” (Code Civ. Proc., § 1963, subd. 5). Plaintiff’s...
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Space Chemicals, Inc., a California corporation (Space), appeals from an order granting the motion of respondent Sprayon Products, Inc., an Ohio corporation (Sprayon), to quash the service of summons and complaint made upon it, pursuant to the provisions of Code of Civil Procedure, section 411, subdivision 2, and Corporations Code, sections 6500-6504, by serving the California Secretary of State. ...
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Plaintiff appeals from the judgment of dismissal entered after the trial court had sustained respondents’ demurrers to the third amended complaint filed herein. 1 By his original complaint appellant sought to recover from respondents under the theory that he was a third party beneficiary of a “written agreement of joint venture” entered into by the respondents. It was alleged that ...
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The question to be determined on this appeal is whether a plaintiff may escape the necessity of filing the undertaking required by section 830 of the Code of Civil Procedure in an action based on the classical elements of slander by claiming that the damages sought arise wholly from an invasion of plaintiff’s privacy or because of her consequent emotional distress. The judgment of dismissal was p...
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In this action, tried on a stipulation of facts and attached exhibits, plaintiff corporation sought to recover property taxes paid under protest. Plaintiff filed a complaint pursuant to Revenue and Taxation Code section 5138, alleging that defendants had levied a tax on scrap iron in violation of article I, section 10, clause 2 of the United States Constitution, the export clause. The trial cou...
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Defendant appeals from his conviction of grand theft after a jury trial and from the order denying his motion for new trial. In addition to theft, the information charged a count of burglary upon which the defendant was acquitted. It also charged three prior felonies (forgeries and auto theft) occurring between 1935 and 1953 which were admitted upon arraignment. For about eight years defendant ...
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George Espinoza pleaded guilty to one count of armed robbery (Pen. Code, § 211). Two prior felony convictions were charged and denied. After the prosecution introduced the judgment and sentence records of the prior convictions, the defendant testified he had not had the assistance of counsel at the time of his prior convictions. The trial court found that the charge of two prior convictions was t...
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Plaintiffs-contractors appeal from the adverse portion of a judgment in declaratory relief construing their duties and obligations under a housing development construc*723tion contract. Defendant, Housing Authority of Stanislaus County, called for bids for the construction of housing units at two sites within the county. Plaintiffs were the successful bidders and entered into a single contract wit...
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Charged with misuse of plaintiff’s trade secrets in a manufacturing process, defendant corporation and five individuals were enjoined from such use. Money damages also were awarded against them. All defendants appealed, hut only the corporation and four individuals have filed briefs. The court found that: Plaintiff corporation was organized in 1957, and began development of three basic lin...
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Appellants are Elwood Buffum individually, and others as trustees and last directors of the Humboldt Milling Co., Inc., a corporation that was dissolved before the commencement of this action. They filed a complaint seeking to quiet title to all of the merchantable timber on certain real property. Respondents claimed title to both land and timber, and filed a cross-complaint in the action prayi...
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Virginia Gray, Mollie Bentley and Virginia Pratt, the wife and daughters respectively of Charles Gray, decedent, filed suit against appellant Progressive Transportation Company (Progressive) for the wrongful death of decedent. The complaint alleges: “. . . on or about November 7, 1961 . . . [Progressive] so carelessly and negligently operated, maintained and controlled a certain crane, the...
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Appeal from a judgment and order confirming an arbitration award under the provisions of a collective bargaining agreement. (Code Civ. Proc., § 1294.) *745In 1962, Christmas Day and New Year’s Day fell on Tuesday. Under the collective bargaining agreement between General Precision, Inc., and the Machinists’ Union, the half day before Christmas, Christmas Day, and New Year’s Day were paid holidays....
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This appeal involves the interpretation of that portion of a will which directs payment of taxes, and the right of the appellants to raise the issue initially in the appellate court. May A. Meyer died on January 26, 1964, leaving a will dated July 11, 1960, and a codicil thereto dated January 17, 1963. Both instruments were admitted to probate. Charles L. J ones and William A. Sickner were appoint...
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Defendant was charged with possession of marijuana, in violation of section 11530 of the Health and *753 Safety Code. After a trial by the court (trial by jury having been duly waived), he was found guilty. The criminal proceedings were suspended and in November 1961 defendant was committed to the California Rehabilitation Center under the provisions of section 6451 of the Penal Code as that se...
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Plaintiff appeals from a judgment entered for his failure to file a third amended complaint following the sustaining, with leave to amend, of a demurrer made upon general grounds to a second amended complaint. Defendant and respondent Automobile Club of Southern California (Club) has filed a motion to dismiss the appeal that will be discussed hereafter. The second amended complaint (c...
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One of the plaintiffs, Fred Benton, was engaged at the time specified in the complaint in the performance of various contracts involving earth-moving in the construction, principally, of roads and dams. He was associated in this work, in the manner afterwards discussed, with Fred Galante of Visalia. In the course of the construction of a dam in foothill territory, one of the workmen negligently st...
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By amended information defendant was charged in Count I with unauthorized possession of narcotics in a county jail (Pen. Code, § 4573.6); in Count II with possession of narcotics (Health & Saf. Code, § 11500). The case having been submitted on the transcript of the preliminary hearing, he was acquitted of the charge contained in Count I, and *777 found guilty as charged in Count II...
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In this condemnation proceeding respondents received a jury award of $201,050. After judgment entered and the trial court’s denial of a motion for a new trial the state appealed. Its contentions will be captioned below and discussed after a general statement of the facts. The land condemned was a “total take’’ of 65.8 acres of land located at Cisco Grove in Placer County. A comparativ...
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Plaintiffs, Marvin and Shirle Lange, as holders of a promissory note, brought this action against defendants, Clyde and Dolores Reinke and Florence Aver Hill, as endorsers of this note. Following a trial by the court, judgment was entered in favor of plaintiffs and against all defendants for the principal and interest due on the note and for *795 attorney’s fees provided for therein. From this ...
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Plaintiff appeals from a judgment in favor of defendants after a trial by the court without a jury in an action seeking relief against defendants, Jack and Regine Hetzel, who sold a parcel of real estate and certain personal property to plaintiff, and against defendant Byrd, the real estate broker in the transaction. It is contended by plaintiff that she is entitled to recover the excess of her...
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In an amended information the defendant was accused of burglary in that he willfully entered a vehicle, to wit, a semitrailer used in conjunction with a motor vehicle, to wit, a motor truck and semitrailer combination, the property of John M. Collier, the doors of said vehicle being locked, and with the intent then and there to commit theft. In a jury trial, defendant was found guilty of burgla...
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Appellants and respondent own contiguous farmland with 1,320 feet of common boundary. Respondent’s property slopes toward appellants’ at a gradient of 1 foot to 100 feet, but there is a ridge or dike along the common boundary approximately 6 feet wide, of varying height. Respondent irrigated his land by flooding, obtaining water from a Merced Irrigation District ditch. Appellants’ adjoining land ...
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This is an appeal from a judgment entered in an action for declaratory relief determining that certain unpaid subcontractors and materialmen were not entitled to the unexpended balance of a construction loan held by a lender savings and loan association. In the main, the facts are undisputed. Plaintiffs Robert L. Dodge and Walker Vaughn, partners, doing business under the name of Surrey Farm Devel...
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pro tem. * A jury trial resulted in a conviction of defendant and codefendant of robbery, second degree. Probation was denied and the defendant was sentenced to state prison. Defendant bases his appeal on the following grounds: The evidence is insufficient to support the judgment of conviction ; he was denied his constitutional right to act as his own attorney, and was refused counsel of his ...
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Jose Garcia, indicted for the sale of heroin in violation of section 11501, Health and Safety Code, was brought to trial without a jury, November 21, 1963. It appears from the clerk’s transcript, which is the only record of that trial, that it was stipulated that one Massar was a qualified chemist and that it was deemed he had testified for the People. While this was the extent of the stipulation...
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By information filed June 16, 1964, defendant Samarjian was accused in Count I, jointly with defendants Brady, DiSalvo and Sarich of a violation of Penal Code section 182 (conspiracy to violate section 470 of the Penal Code) on November 16, 1962; in Count IT, jointly with defendant DiSalvo of a violation of Penal Code section 470 (forgery) on January 10, 1963; in Count III, jointly with defendant...
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This is an appeal from an interlocutory decree 1 entered in an action to partition real property. Plaintiff Ann Hunter, also known as Ann Schultz (Ann), and defendant Melvin Schultz (Melvin) were married in 1946 in Cleveland, Ohio. In 1947 they moved to California. In 1950 they acquired as joint tenants the subject real property consisting of a single-family residence in San Leandro. They liv...
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Appellants, David Nathaniel Bacon, Mark Dinaburg, Michael Howard, and Jack Nicholas Radey, appeal from the respective orders of the Alameda County Superior Court, in session as a juvenile court, which orders determined that each of these minors violated Penal Code sections 148, 409, and 602, subdivision (o), and that each be placed on probation without wardship upon the condition that he be of ...
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Appellant fell while she was ascending a flight of stairs. She brought this action, unsuccessfully, against her landlords. The stairs were for the common use of all of the tenants. Appellant makes three points. 1. Should res ipsa loquitur instruction have been given? The answer is No. The evidence shows that appellant was carrying a parcel of groceries in one arm, was holding ...
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Plaintiff instituted an action in eminent domain, seeking to condemn certain property of defendant Zwerman, located in Santa Monica. The case was consolidated for trial with similar actions against defendants Harry and Ida Weiss, in which plaintiff sought to condemn two parcels of land involved in the same development project. After a jury trial, verdicts were returned and entered fixing the su...
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We have before us an appeal by the “heirs at law of the above-named decedent” taken from the “Order Nunc Pro Tunc Correcting Order Settling First and Final Account and Decree op Distribution.” We have concluded that the order appealed from amended the decree of distribution as to matters of substantial importance, and that, under the circumstances revealed, a nunc pro tunc order was ...
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On this appeal by the grandniece of the decedent from a decree declaring that a certain fund should go to the residuary legatee and not to the appellant, *86 we are reversing the decree because we are convinced that the trial court erred in refusing to receive evidence, the object of which was to reveal what the testatrix meant by certain words she used in her will. The facts essential to the...
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Petitioner, The People of the State of Cali *91 fornia, seeks a writ of mandate for appropriate relief from a judgment of the Superior Court of Butte County ordering judgment of acquittal of Egon V. Jonsson and Gert Jonsson, real parties in interest, who were defendants in the criminal action, to be entered on Count XIX of the indictment. Questio3st Presented Does the superior court have ju...
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On July 25, 1962, Lillian C. Larsen (respondent) was one of four occupants of an automobile owned and driven by Kathleen M. Simpson when it collided with a vehicle owned and operated by an uninsured motorist. All four occupants of the Simpson car suffered injuries, which were fatal to two of them. Kathleen M. Simpson had uninsured motorist insurance coverage with policy limits of $10,000 and $2...
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A truck was stolen. Disregarding an accomplice’s testimony (People v. Luker, 63 Cal.2d 464, 469 [47 Cal.Rptr. 209, 407 P.2d 9]), the sole evidence implicating defendant is a hearsay statement admitted under an exception to the hearsay rule involving a conspiracy charge against defendant: The accomplice’s wife testified her husband told her that he, defendant and two others stole the truck. Is this...
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Defendant was convicted of the offense of possession of a concealed weapon after having been convicted previously of a felony, viz., a violation of Penal Code-section 12021. On the morning of December 28, 1964, Officer Davis of the San Diego Police Department stopped defendant for ques *101 tioning because he bore a striking resemblance to a “facsimile photo” on a police bulle...
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The petitioner is one of the attorneys of record for the appellant. He prays this court for a writ of supersedeas staying execution of the judgment of the trial court pending his appeal thereon. On December 28, 1965, the trial court made its decision and signed a judgment on a third party claim of the respondent. It was filed at 11 a.m. on that day; on December 29th at approximately 4 p.m. it was...
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Petitioner is a national banking association. It and real party in interest are beneficiaries of separate deeds of trust upon all or part of the same property. Defaults occurred under both deeds, and the beneficiaries differed as to their respective priorities. Real party filed an action in the superior court. That court issued temporary restraining order prohibiting sale by petitioner under it...
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Defendant was charged with, and pled guilty to, burglary in the second degree. Probation was denied and he was sentenced to state prison. He has appealed. The sole contention made on this appeal is that, in the light of information as to defendant’s psychiatric and personality problems, as disclosed by the probation report, trial counsel should have either moved to vacate the guilty *113plea or to...
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Defendant was charged (Count I) with possession of heroin for sale, in violation of section 11500.5 of the Health and Safety Code, and (Count II) with possession of marijuana, in violation of section 11530 of the Health and Safety Code. A prior felony conviction was also charged. After a trial, he was found guilty on both counts; a motion for a new trial was made and was granted on the ground of ...
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This action arose from a landlord-tenant relationship that began with a written lease in 1952, followed by written renewal leases until June 1, 1958. Plaintiffs-lessors signed and mailed to defendant copies of a written lease covering the period June 1, 1958, through December 31, 1961. At the trial defendant produced two copies of the lease signed by plaintiffs but unsigned by him, and asserted h...
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Appellant Charles Battles, was convicted in a trial without jury of the crime of rape, consisting of having sexual intercourse with a female under 18 years of age who was not his wife. He was granted probation and appealed from the order as a judgment. The act was admitted by appellant; his excuse was that he believed the young woman was of the age of consent (People v. Hernandez, 61 Cal.2d...
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The United Bonding Insurance Company, facing the possibility of the entry of two summary judgments for a total of $3,850 against it, based on two forfeited bail bonds that it had issued, moved to have the forfeitures set aside. The trial court granted the motion, conditioned upon the payment by the bonding company of a total of $2,000. The bonding company, unhappy because of *125 the size of th...
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In this suit to quiet title to an easement in plaintiffs Sylva for the use of a road crossing defendants Ruck’s lands 1 the Sylvas were successful in the trial court. On appeal the Kucks contend the evidence does not support the judgment establishing the easement. They contend further that even assuming the evidence was sufficient to show the existence of the easement that portion of...
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Appellant as surety on the qualifying bond of Mrs. Dwyer, appeals from an order of the trial court surcharging Mrs. Dwyer, as former administratrix, for an amount of money. The facts are set forth in the former appeal (Estate of Dwyer, 168 Cal.App.2d 264 [335 P.2d 718]). “Martin Dwyer, a painting contractor, died June 5, 1955. His wife, Berta L. Dwyer, was duly appointed administratrix of his esta...
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Mandate to compel the respondent court to file a supplemental petition to review an administrative decision. Giannini Controls Corporation is a corporation organized and existing under the laws of the State of New York. Datex Corporation is a corporation organized and existing under the laws of the State of California. Jerald S. Schutzbank is the Commissioner of Corporations of the State o...
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Defendant Lola Lorraine Bross and her husband, Darrell Dean Bross, were convicted of the crime of voluntary manslaughter. Separate judgments were pronounced and entered against each defendant. Both have appealed from the judgments. The case arises out of an altercation between Charles Kreiss, Darrell Dean Bross, hereafter referred to as Darrell, and Lola Lorraine Bross, hereafter referred to as...
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The majority opinion relies in part on Seely v. White Motor Co., 63 Cal.2d 9 [45 Cal.Rptr. 17, 403 P.2d 145], That opinion at page 19 reads as follows: “Plaintiff contends that, even though the law of warranty governs the economic relations between the parties, the doctrine of strict liability in tort should be extended to govern physical injury to plaintiff’s property, as well as personal injury....
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On May 7, 1954, the roof trusses of a building which was being constructed for Safeway Stores, Incorporated, in Redwood City collapsed. Six employees of M. J. *180 King, appellant, the general contractor, were injured. They brought action against Safeway as owner; as employees they could not sue King. Safeway settled all but one lawsuit (the one resulted in nonsuit) and then brough...
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Plaintiff sought and secured a declaratory judgment that upon termination of defendant’s employment as plaintiff’s agent it was entitled to retain certain sums advanced to defendant under two salary plans referred to in the pleadings as Incentive Salary Plan and Potential Commission Advance Plan respectively. The present appeal is from such judgment, the principal contention being that recovery...
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By administrative proceedings the license of petitioner Donkin as a private detective and the registration of petitioner Van Norman as an employee of a detective agency were revoked. Petitioners made an effort to secure a writ of mandate to compel the restoration of the status each had lost, but judgment was entered denying their petition. In order to reverse the judgment, from which the petition...
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In an information filed by the District Attorney of Los Angeles County, defendants William Ross Phillips and Janet Phillips, and codefendant Berna G. Oliver, were charged in Counts I, III, IX, and X with a violation of section 476a of the Penal Code (issuing checks without sufficient funds), and in Counts II, IV, V, VI, VII, VIII, and XI with the crime of grand theft. In Count XII, the Phillipses...
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The tax assessors of Amador and Calaveras Counties fixed the assessed value of water rights held by East Bay Municipal Utility District at Pardee Dam. The dam is located on the Mokelumne River, which forms the boundary between the two counties. The counties placed an aggregate assessed value of $8,342,000 on these rights, each entering one-half that amount on its assessment roll for 1961-62. Di...
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This consolidated appeal is a companion case to County of Amador v. State Board of Equalization, ante, p. 205 [49 Cal.Rptr. 448]. The present proceeding involves assessments by Amador and Calaveras Counties of East Bay Municipal Utility District’s water rights at Pardee Dam for the tax year 1962-63 rather than 1961-62. Following the 1962 assessments by the two counties, the utility district applie...
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240 Cal.App.2d 233 (1966) THE PEOPLE, Plaintiff and Appellant, v. HERMAN YVONNE RISENHOOVER, Defendant and Respondent. Crim. No. 186. California Court of Appeals. Fifth Dist. Feb. 16, 1966. E. Clark Savory, District Attorney, Frank Wells and Ronald Eliceche, Deputy District Attorneys, for Plaintiff and Appellant. Roslyn Robbins Dienstein, under appointment by the District Court of Appeal, fo...
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Defendant appeals from an order denying its “Petition to Order Arbitration,” such order being expressly appealable under section 1294, subdivision (a), Code of Civil Procedure. The court also denied defendant’s motion (filed simultaneously with the petition) to stay further proceedings (until arbitration had been had) in an action filed by plaintiffs some nine days earlier asking damages from def...
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The defendant was convicted of burglary of the second degree and was sentenced to the state penitentiary, the sentence to run consecutive to the sentence imposed in Los Angeles County Superior Case No. 286919. Prejudicial error is claimed by the defendant for failure of the police to advise him of his constitutional rights to counsel, and to remain silent, before his statement was taken. He rel...
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Defendant Chavez and codefendant Herrera were charged with the sale and furnishing of heroin (Health & Saf. Code, §11501). After a jury trial defendant Chavez was found guilty and Herrera was found not guilty. Criminal proceedings were then adjourned so that a civil proceeding might be undertaken for Chavez’ commitment as an addict under Penal Code section 6451 (now Welf. & Inst. Code, § 3051). So...
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Appelant husband and wife, brought this mandate proceeding to set aside the decision of respondent board revoking appellant Lloyd R. Randle’s certificate to practice pharmacy and appellant Cecil Randle’s permit to maintain and conduct a pharmacy. The two are jointly charged in the first four of the five counts alleged in the accusation filed with the board. The fifth count is against the h...
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Altough this action began as one to foreclose a mechanic’s lien, the issue before us concerns only the cross-complaint of the owner’s administrator, here termed plaintiff, against the beneficiary of a second deed of trust. Plaintiff’s intestate owned land in San Francisco and in Sonoma. Each parcel was subject to a first deed of trust. The two first deeds of trust ran to separate beneficiaries ...
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The defendants, Rydell California Potato Company, a corporation, and Paul Rydell and Jeanne E. Rydell, the owners of all of the stock, and the directive heads, of the corporation, appeal from a judgment correcting an error in the deed by which the Marko Zaninovioh interests secured title to certain real property in Tulare County. The principal ground of the appeal is the claim that the trial court...
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This is an appeal from a summary judgment granted in respondent’s favor, on the ground that the statute of limitations (Code Civ. Proe., § 340, subd. 3) barred appellants’ alleged causes of action. We conclude that the trial court was correct in its ruling, and therefore affirm the judgment. Appellants filed their complaint on February 14, 1963. They alleged that, on February 14, 1962, “. . . d...
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In a non jury trial the defendant Evans was found guilty of grand theft as charged in Count I, of a violation of the Dangerous Weapons’ Control Law (Pen. Code, § 12090) as charged in Count II, and of burglary as charged in each of the Counts VI and VII. The defendant Roquemore was found guilty of grand theft as charged in Count I, of a violation of the Dangerous Weapons’ Control Law (Pen. Code, §...
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A jury convicted defendant on one count of selling, furnishing and giving away marijuana. (Health & Saf. Code, § 11531.) He appeals, his sole contention on appeal being that the trial judge erred in refusing to instruct the jury on the defense of entrapment. The facts of the case are simple enough: Officer Hall of the Los Angeles Police Department, working in plain clothes and on an underc...
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This appeal is by the plaintiff, as administrator of his sister Hilda’s estate, from the judgment in a nonjury hearing in favor of defendant, also a brother of the deceased. The interveners are respectively a brother and sister of Hilda’s deceased husband. The judgment followed defendant’s motion for judgment under the provisions of Code of Civil Procedure, section 631.8. The issue is ownership...
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Plaintiffs appeal from a judgment dismissing the action for their failure to bring it to trial within the time required under Code of Civil Procedure, section 583. 1 The instant action was commenced on October 6, 1959, when plaintiffs Edward Hsu, Jr., Lillian Hsu and Edward Hsu filed a complaint to recover damages for false imprisonment, assault and battery. The complaint named as ...
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On this appeal 1 by Crocker-Citizens National Bank (hereafter referred to as bank) from a portion of an order dated April 30, 1965, the only question is the propriety of the court’s action in removing the bank as executor of the will of Elodie Grace Cole, deceased (hereafter referred to as Mrs. Cole). The bank contends that the court erred in failing to comply with sections 521 and 524 of the Prob...
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Defendant appeals from the judgment entered after being found guilty by the court of the violation of Health and Safety Code section 11530.5, possession of marijuana for sale. For reasons hereafter discussed, we conclude that the judgment must be reversed for violation of the rule stated in Escobedo v. Illinois, 378 U.S. 478 [84 S.Ct. 1758, 12 L.Ed.2d 977], and People v. Dorado, 62 Cal.2d 338 [42 ...
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This is an appeal from an order granting plaintiff a new trial in a personal injury action arising out of an automobile accident. In view of the narrow legal issue presented, only a brief summary of the facts is required. The accident occurred at the *338intersection of Broadway and Washington Streets in the City of Santa Ana, Broadway, being a north-south street and Washington an east-west street...
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By an information, defendant was charged with a violation of section 211, Penal Code, with a prior conviction of the crime of burglary, a felony. It was alleged in the information that a coparticipant in the robbery was armed with a deadly weapon. Prior to trial, defendant admitted the prior conviction. The jury found defendant guilty as charged and fixed the degree in the first degree. In...
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Plaintiffs brought this action to recover from defendant, Sequoyah Land Associates, a corporation, one-half of the costs of improving an easement which runs across plaintiffs ’ property and which, at the time the improvements were made, was owned by defendant, and to enjoin defendant from trespassing on plaintiffs’ property. After trial without a jury, the court entered judgment for $21,374.82 ...
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Defendant has appealed from a judgment sentencing him to state prison following his conviction by jury verdict of arson in violation of section 447a of the Penal Code. He contends that evidence of his conversations with alleged accomplices was unlawfully obtained and improperly received in evidence; that there was error in receiving in evidence a witness’ opinion as to the location at which the...
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A jury found defendants John Lee King and Robert Lee Jones guilty of murder in the first degree (Pen. Code, §§ 187, 189) 1 and of robbery in the first degree (§§ 211, 211a) and fixed the penalty on the murder count at life imprisonment (§ 190). 2 Defendants’ motions for new trial *393 were denied and defendants were sentenced on the murder count (Count One) to life imprisonment and on the r...
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In March 1964 petitioner applied to the Board of Police Commissioners for a permit to sponsor and conduct a One-Night Dance for teenagers. The application was filed pursuant to Ordinance No. 111348, section 103.118 of the Los Angeles Municipal Code which requires such a permit prior to operating a teenager dance. A hearing was held as required by the ordinance. The hearing examiner recommended tha...
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The parties to this action were husband and wife from November 15, 1952, until the entry of a final decree of divorce on November 22, 1963, following an interlocutory judgment in favor of the plaintiff on November 21, 1962. Their children, Wayne, now aged 8, and Susan, now aged 12, may be said to be the real parties in interest. Plaintiff and defendant first separated in 1959. Plaintiff then to...
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The defendant appeals from a judgment entered pursuant to a conviction by a jury for assault with intent to commit murder, in violation of section 217 of the Penal Code, and contends that a confession was obtained from him in violation of his constitutional rights and was improperly received in evidence. The defendant is 43 years of age and prior to this occurrence had never been arrested. He w...
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The defendant appeals from a judg *430 ment entered pursuant to a conviction by a jury for perjury, and contends: (1) that the doctrine of collateral estoppel applies so as to bar prosecution; (2) error in giving and refusing to give instructions; (3) that inadmissible evidence was admitted; (4) insufficiency of the evidence to support the verdict; and (5) that the trial court erred in permitti...
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The plaintiff pleaded guilty to a charge of violation of Penal Code section 470 (forgery) and was sentenced on March 9, 1965, to prison. In July 1965 he filed a petition for a writ of coram nobis. Appellant was personally present at the hearing held on August 6, 1965, where the court was extremely careful in asking appellant whether or *438not he wanted an attorney. At that time the appellant waiv...
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Demurrer to plaintiff’s complaint was sustained without leave to amend. Judgment of dismissal followed, and plaintiff appeals. Plaintiff is a Nevada corporation. It has never been licensed as a contractor in California, but its sole shareholder and responsible managing officer is individually licensed in this state as a general contractor. He is also the sole shareholder and responsible ma...
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This appeal was taken by the plaintiff, *449 Mark L. Harris, from a judgment holding, in effect, that his stipulation in open court with all of the other parties furnished the basis for the decision against him. Vincent Q. Galier, Mark L. Harris, and Salvatore Spinali had been interested in the operation of a used car business which bore the corporate name of Spinali Auto Sales, In...
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James Carr, a Deputy Tax Collector of the County of San Diego, conducted an auction sale of personal property owned by Claude S. Henninger, doing business as A & L Distributors, for the purpose of producing and collecting unpaid taxes on the articles. Joseph Gentillalli, the plaintiff *458and appellant, attended the sale intending to purchase the property. After the commencement of the auction, bu...
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One of the defendants, Edward Baranov, appeals from a judgment for $12,263.12, besides interest., attorneys’ fees and costs, in favor of the plaintiff; the principal sum is the balance due on a promissory note executed by Louis M. Barrack, Julia Barrack, and Edward Baranov. The judgment was against all three; the Barracks defaulted and the judgment is final as to them. Edward Baranov alone argues ...
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Ann A. Gloden sued her husband, Charles L. Gloden, for divorce, and he, in turn, filed a cross-complaint. The court granted a decree to Mrs. Gloden and transferred to her, as sole owner, almost all of the community property consisting of bonds, but awarding a used automobile of little or no value to the defendant. With respect to the principal item of property owned by the parties, a 21-room San ...
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The plaintiff sued the defendant doctor for malpractice, claiming permanent injuries by reason of negligence in the treatment of his heart condition. The jury’s verdict was for the defendant. But plaintiff’s motion for a new trial was granted on the ground of the insufficiency of the evidence to justify the verdict and the defendant appealed. Under our system, the final check on a jury’s f...
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Defendant Milton Carson appeals a judgment of conviction by a jury of forgery (Pen. Code, § 470). He was placed on probation on certain conditions. The issues on appeal involve evidentiary rulings, instructions and sufficiency of the evidence. Defendant sold Mr. and Mrs. Harris an aluminum siding installation for their home. The Harrises signed a document entitled “Proposal”, which sets forth i...
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This appeal originated in an action brought by the plaintiff to recover a balance allegedly due him, as a labor contractor, for services and expenses in providing and transporting workers for the harvesting of peaches and nectarines for the defendants. The named defendants were the George Noroian Company, a corporation, and George Noroian, individually. Judgment was for the plaintiff against Ge...
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Defendant was convicted on one count of possession of heroin (Health & Saf. Code, § 11500) and appeals. People’s Case. On July 5, 1962, Officer Nelson of the Los Angeles Police Department was on a narcotics investigation with his partner, Sergeant Cooper. He was wearing plain clothes. For undisclosed reasons he had entered the El Rey Hotel at 511 East Sixth Street and was walking ...
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Defendant appeals from a conviction of the offense of possession of heroin, contending the court erred *498 in overruling his objection to admission into evidence of a package of heroin, which was the object of the offense with which he was charged, and of paraphernalia used in making heroin injections, because they were the product of an illegal search and seizure. On January 25,1965, Office...
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Defendant was charged with possession of narcotics for sale (Health & Saf. Code, § 11500.5). Trial hy *504 jury was waived, and the case was submitted on the transcript of the preliminary examination. He was found guilty, a motion for new trial was made and denied, probation was denied, and a sentence of imprisonment in state prison was imposed. He has appealed. The only issue...
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Appellant filed several separate actions to recover moneys which he had advanced to respondent for the purpose of financing the operations of the Embassy Club, a poker club in Gardena, California, of which respondent was the sole proprietor. These actions were consolidated for trial since they were brought to recover successively accruing installments allegedly due and owing to appellant f...
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Respondent Verdugo Highlands, Inc., plaintiff below, was in the process of developing property owned by it and located in the City of Glendale into residential lots. A contractor who had commenced grading work required in the project was relieved and respondent engaged G. W. Boggus, Inc. (Boggus) to complete the grading. Pursuant to a contract executed August 16, 1961 (August contract), Boggus ...
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pro tern. * —Petitioner, who is the defendant and cross-complainant in a pending action, seeks a writ of mandate to compel respondent court to set aside its order of December 29, 1965, granting the motion of cross-defendants to strike the amended fourth count of its cross-complaint. The action was commenced by Ridley and Company, Inc., a California corporation, against Maearr, a...
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On December 23, 1964, defendant was charged with one count of burglary, a violation of section 459 of the Penal Code. The information was amended before trial to allege six prior convictions. Defendant pled “Not Guilty” and admitted the second, third, fourth, fifth and sixth priors. On motion of the district attorney, the first prior was stricken in the interest of justice. Jury trial was duly wa...
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The superior court denied petitioner’s petition for a peremptory writ of mandate seeking to compel respondent political agencies to consider her claim presented *553 on an alleged cause of action for the wrongful death of her husband. The writ was denied and petitioner appeals. The death upon which the claim was based occurred November 1, 1962. A claims statute in effect at th...
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Prohibition to restrain the respondent court from proceeding with a hearing to determine the fair cash value of petitioner’s stock under the provisions of the Corporations Code. Petitioner is the owner of 50 percent of the outstanding capital stock of the defendant Continental Culture Specialists and is the plaintiff in an action commenced in the respondent court on August 12, 1965, entitled “V...
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Appellant, Robin Eugene Saunders, appeals from a judgment of the Solano County Superior Court denying his application for a writ of mandate directing the municipal court to quash a search warrant on the ground that it was invalidly issued. Appellant’s sole contention is that the affidavit supporting the search warrant is insufficient on its face to establish probable cause. On April 13, 1965, b...
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This is an appeal from a judgment dismissing plaintiff’s action after the trial court sustained defendants’ demurrer to plaintiff’s first amended complaint. Leave to amend further was denied. The only issue on appeal therefore is the sufficiency of plaintiff-appellant’s first amended complaint. The material allegations of the complaint are to the effect that appellant parked his ear in a p...
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In this judgment roll appeal the sole question is whether the action commenced by the State of California to recover fire suppression costs is barred by the statute of limitations. On December 3, 1959, a fire, which was negligently set by defendant on his own land, spread to land owned by neighboring property owners. There was no allegation nor proof that the fire burned or threatened any prope...
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This is an appeal from an order of the superior court committing appellant to the Department of Mental Hygiene as a mentally disordered sex offender and directing his place of commitment to be the Beeeption and Guidance Center, California Medical Facility,'Vacaville, California. In compliance with section 5512 of the Welfare and Institutions Code, 1 appellant was ordered confined until no lon...
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Herbert L. Carlton filed a lawsuit in Butte County against his divorced wife. After an unsuccessful trial court motion the wife seeks mandate here to compel a change of venue to Los Angeles County, where she resides and where her interlocutory divorce decree was granted. The decree, entered in March 1962, ordered Mr. Carlton to make monthly payments of child support and alimony. He moved t...
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Plaintiffs purported to appeal from an order of the trial court which sustained the demurrer of the defendant State of California without leave to amend. By stipulation and order for augmentation and correction of the record on appeal, *592 there was brought before this court the judgment of dismissal which was signed and entered following the making and entry of the order first me...
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On January 31, 1966, a petition for a writ of habeas corpus was filed on behalf of Andre Macidon, sometimes referred to as Andre Macedón, a minor, by one of his attorneys at the request of the minor and his mother. The petition sought the release of the minor from detention which had been ordered pending a hearing in the juvenile court on charges which had been filed against him. The issues raise...
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Prohibition to restrain the respondent court from proceeding with a new trial after order granting a motion for a new trial. Petitioner is the plaintiff in an action in eminent domain commenced in the respondent court designated as number 71624 and entitled “City of Santa Barbara, a municipal corporation, Plaintiff, vs. Crocker-Citizens National Bank, a national banking association, as successo...
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Defendant was charged with a violation of section 12021 of the Penal Code (possession by a felon of a firearm capable of being concealed on the person). After a trial by the court (trial by jury having been duly waived), 1 he was found guilty. A motion for new trial was made and denied; probation was denied; a county jail sentence was imposed. 2 Defendant has appealed. ...
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The record discloses that on April 17, 1964, an information was filed in the Orange County Superior Court charging the two defendants in three counts of violation of Penal Code, section 640 (wiretapping), and in the fourth count of violation of Penal Code, section 182 (conspiracy) . A jury trial ensued and during the trial Count III (wiretapping) was dismissed. The jury could not agree as to Co...
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In a nonjury trial defendant was convicted of violation of section 23101 Vehicle Code. Upon consideration of the probation report the court suspended proceedings and granted probation for a period of two years. Defendant appeals from the judgment (order granting probation) upon the grounds that the unauthorized extraction of blood while he was unconscious was: (1) An unreasonable search and seizu...
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This appeal involves a land survey controversy and is taken by defendant from a judgment in favor of plaintiffs. Appellant being the defendant in both cases and the problems involved being the same or sufficiently similar, the cases were consolidated for trial. Respondents Kraemer are owners of property in the northwest quarter, and respondents De Los Reyes are the owners of property in th...
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The primary thrust of this appeal is that the convictions of both appellants for burglary resulted from the erroneous admission of the confession made by appellant Martin. Appellants contend Martin’s confession was the product of his illegal arrest. On January 6, 1965, a person whose identity was not disclosed, told Kern County Deputy Sheriff Clendenen that appellant Martin had offered to sell ...
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A prolonged struggle for the custody of a girl has gone on between appellant, the child’s mother, and respondent, appellant’s mother, the grandmother of the girl. The father, who at an earlier proceeding in Tennessee had supported the grandmother, filed an answer in the present proceeding in which he supports the claim of appellant, the child’s mother, his own former wife. Mrs. Marlow, appellan...
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On September 9, 1963, at approximately 3 a.m. California Warehouse Company in Los Angeles was burglarized. When the burglar entered, the automatic discharge of a silent alarm system alerted a private dispatching service, which in turn forthwith notified the police. An immediate police broadcast to officers in the area of the warehouse gave the address and the time of the alarm, plus a description ...
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Petitioner challenges the requirement, by local court rule, that litigants deposit the sum of $225 (instead of $60) two weeks before a scheduled jury trial as the first day’s fees and mileage to be paid out pro rata to the members of the entire civil jury panel, rather than to the 12 persons sworn to act as jurors in the case. The petitioner, a defendant in the pending case entitled ...
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Petitioners seek a writ of mandate to compel the respondent court to set reasonable attorneys’ fees for services rendered as court-appointed attorneys in accordance with 987a of the Penal Code. 1 Shasta County has no public defender. Pursuant to their appointment by the respondent court, petitioners did, in September 1965, appear on behalf of and defend one John Ray Hoehstedler who...
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Petitioner is a prisoner at Folsom State Prison. He seeks a writ of habeas corpus to secure his delivery *708 to the prison authorities of the State of Oklahoma, there to complete a partially served Oklahoma prison sentence. Petitioner’s confinement at Folsom is pursuant to a valid judgment of commitment by the El Dorado County Superior Court for the crime of attempted armed robbery. The judg...
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Contractors' State License Board (Board) appeals from a judgment issuing a writ of mandate commanding the Board to vacate and set aside its decision revoking the contractor’s licenses of Hopkins and Kyker. Facts Hopkins held a general contractor’s license. Respondent Kyker held a general contractor’s license under which Hopkins furnished the qualifying experience as the responsible managing empl...
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The Zaluskeys filed an unlawful detainer action November 27, 1964, against the Mundts; the *714trial court struck the Mundts’ answer, dismissed their cross-complaint, and gave summary judgment to the Zaluskeys. The Mundts appeal. In 1959 the Mundts had borrowed money and executed a second deed of trust on their real property as security for the loan; the beneficial interest in the trust deed was l...
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This is an eminent domain proceeding brought to acquire for state highway purposes certain real property in Sonoma County just outside the city limits of Santa Rosa. The property condemned (Parcel 1) is a portion of a larger parcel owned by defendant Robert Wasserman and under lease to his codefendant Market Wholesale Grocery Co. (Market). After a jury trial, the court below entered a judgment ...
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Upon the filing of appellant’s first and final account as administrator of the estate of William Johnson, *743 respondent’s exceptions thereto were sustained by the court which ordered the administrator to reimburse respondent for funeral expenses paid by the latter although no claim had ever been presented as provided by section 707, Probate Code. The present appeal is from the ad...
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Plaintiff sued to enjoin acts alleged to constitute unfair competition. A demurrer to its second amended complaint was sustained without leave to amend and a judgment of dismissal, based on the order sustaining the demurrer, was thereafter entered. Plaintiff has appealed from that judgment. Plaintiff is a corporation engaged in the mail order distribution of general merchandise under the trade nam...
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This is an appeal from a judgment following the second trial of the case. Petra Simoni, administratrix of the estate of Alfred Simoni, deceased, sued Laz Simoni to secure an adjudication of the termination of the partnership existing between Mrs. Simoni’s husband, Alfred Simoni, before his death, and the defendant Laz Simoni, and for an accounting. The first appeal in the case resulted in a revers...
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This appeal is taken by the County of Merced and Pat Hallford, the Merced District Attorney, from a judgment in a declaratory relief action holding that the City of Merced, through its city attorney, does not have to prosecute violators of the general laws of the state. It should be emphasized that our decision herein is based upon the present laws of the state and the present provisions of the C...
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Originally, the plaintiff filed an action to recover the balance claimed to be due from the defendants on a contract to drill a water well at their mining installation. On the first trial, the court granted judgment to the defendants on their counterclaim against the plaintiff and appellant on the basis of his failure to drill the well to a depth of 400 feet in accordance with his contract. Becaus...
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A jury found appellant and four others guilty of conspiracy (Pen. Code, § 182) to commit petty theft (Pen Code, §§ 484, 488). As to each, the crime was determined to be a misdemeanor. All were admitted to probation, Watso for three years on condition that he serve 60 days in county jail and make restitution of $798. Only he appeals. The essence of the charged conspiracy was the return to the San F...
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Plaintiff collection agency brought this action to recover a deficiency on a conditional sales contract whereby cross-defendant Art Frost had purportedly sold a DeSoto automobile to defendant Collins and Collins’ wife, Juel. In a cross-complaint, the Collinses sought damages against several cross-defendants, including Frost and the Bank of America (to which Frost had assigned the contract) on the ...
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Ruby Foxworth, the mother of Melvin Lamar Foxworth, the deceased, instituted heirship proceedings (Prob. Code, § 1080) in which Ida Foxworth, the divorced wife of the deceased, filed a statement claiming interests in the deceased’s estate on behalf of herself and the children of the deceased—asserting that the children are pretermitted heirs and that Ida has a community property interest. During t...
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This is an action for damages for personal injuries resulting when a wooden stepladder, on which plain *795 tiff was standing, allegedly broke, fell over, and threw him to the ground. The ladder, which was sold to plaintiff by defendant Sears, Roebuck & Company, was manufactured by defendant Laddercraft Company. Upon motion of defendants, the judge directed the jury to return a ver...
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The State Controller appeals from an order sustaining objections to the report of the inheritance tax appraiser. *802The will, which was admitted to probate, reads in part as follows: "Twenty-First: I hereby nominate and appoint Winthrop M. Crane, my said attorney, the Executor of this Will. . . . “If said Winthrop M. Crane, as the Executor of this Will, shall elect to act as his own attorney, he ...
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By writ of review Travelers Insurance Company seeks to annul an award of the Industrial Accident Commission holding it jointly and severally liable with the State Compensation Insurance Fund for an award of workmen’s compensation benefits to the applicant, who entered into a contract of employment in California and subsequently sustained injury arising out of and in the course of that employmen...
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Appellants Maldonado and Holman, each convicted by jury of two counts of violation of section 288a of the Penal Code, given suspended sentences and placed on probation, appeal from the orders, as judgments. Separate briefs have been filed. Holman, having refused to accept the services of appointed counsel, prepared his own briefs. First to be considered is the contention of both appellants th...
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The respondent, Bank of America, as executor of the estate of Evelyn J. Brown, petitioned the probate court for instructions and to determine heirship. It was decreed that a specific nonrelated devisee, Gladys Giolitto, take certain realty subject to an existing deed of trust, and that Giolitto was not entitled to exoneration of this encumbrance out of the residuum which was willed by decedent to...
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Appellant is the mother of a two-year-old child adopted by respondents; refused to consent to the adoption; and appeals from the order granting such predicated upon a finding that, after custody of the child had been given to the father by judicial decree, the mother, for a period of one year, failed to communicate with the child when able to do so which, by virtue of section 224 of the Civil C...
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Defendant appeals a conviction of two counts of selling marijuana (Health & Saf. Code, § 11531). A female undercover narcotics agent and an informant were investigating illicit traffic in drugs; they went to a bar where defendant worked as a bartender. They asked defendant to obtain narcotics for them; their effort was unsuccessful. The female agent alone then visited...
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These appeals are from a judgment for compensatory damages in the sum of $15,000 against all defendants and $7,500 exemplary damages against 'defendant Leusehner, in a malicious prosecution action. The verdict awarded $25,000 compensatory damages but upon motion for a new trial, the court ordered a new trial unless plaintiff remitted $10,000 compensatory damages, leaving intact the verdict of $...
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Defendant Moseley was charged, jointly with William Joseph King, Norman Lee Malone, Tommy Willis Lee, and Robert Smith, with sundry offenses involving Diane Lawson, a 16-year-old girl. In Count I, Moseley, King and Malone were charged with pimping, in violation of section 266h of the Penal Code; in Count II all five defendants were charged with pandering, in violation of section 266i of the Penal...
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This is an appeal from portions of an order settling respondent’s final account as executor of the *865estate of the late Mrs. Beiraeh which awarded extraordinary-fees to certain of the executor’s attorneys. The principal point advanced is that the services were rendered not on behalf of the estate but for the benefit of respondent in his individual capacity. (Estate of Murphey, 7 Cal.2d 712, 716 ...
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This case turns on the question whether the time limit within which a public entity may he ordered to permit the filing by a minor of a late claim for *871 damages against a public entity is one year after the alleged wrongful infliction of an injury. David Wall was on the basketball team of Ceres Union High School when it played the Sonora Union High School team; he was hit in the...
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Plaintiffs filed a complaint for damages based upon express fraud. (Civ. Code, §§ 1572, 3294.) The complaint alleged that the defendants, Wolpe, Volpe and Reed, owned a business consisting of the Club Caravan bar and hotel located in a building in Indio, and that defendant, Paul Krampe, was the agent and broker of the defendant-sellers of the business (in accordance with a request contained in ...
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This action is before us on a petition for a writ seeking review of Orange County Superior Court orders directing arbitration and staying further proceedings until the completion of arbitration, an order by the Superior Court of Los Angeles County staying proceedings until “releases are obtained in Orange County cases,” and a subsequent order releasing one action from the stay. Petitioners, own...
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This is a petition for a writ of mandate to compel the defendant Young to answer certain questions asked in his deposition. The record shows that the petitioner, Thomas Doyle Pember, filed a complaint in the Superior Court of Kern County against Charles Johnny Young and Young’s Market, a corporation, in which he prayed for damages in the sum of $35,000; the automobile accident referred to in the ...
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Defendant doctors appeal from judgment on jury verdict in favor of plaintiff patient. Plaintiff suffered a crushing type of injury when a crane’s counterweight struck him in the area of the left rear rib cage. This injury occurred in the course of employment, and is in no way chargeable to defendant doctors. They did, however, treat him when he was hospitalized for it. After some 10 days, they ...
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Albert James Brown was charged with grand theft; appellant United Bonding Insurance Company posted a bail bond in his behalf, in the amount of $2,625. When the case was called for trial on March 10, 1964, neither Brown nor his counsel was present and the bond was forfeited. Some time between March 10, 1964, and April 1, 1964, Brown was apprehended by police officers. 1 On April 3, 1964, the bon...
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pro tern.* — Sometime prior to 1938 Fred Kohler and his wife Marjorie acquired a house, garage and boathouse situated on Lot 54, June Lake Camp, or June Lake Tract, of the Mono National Forest, adjacent to June Lake in the County of Mono, State of California, and a “Special Use Permit” executed by the Forest Supervisor of the Mono National Forest in favor of Marjorie Kohler. The “Special Use Permi...
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In this unlawful detainer action defendants appeal from the judgment decreeing that plaintiffs are entitled to possession of the property occupied by the Bernard Hotel, 344 Jones Street, San Francisco. Respondents’ claim of ownership and right to possession is based upon a trustee’s deed executed following the foreclosure of a first deed of trust on said property, pursuant to proceed ...
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In this action to condemn an easement through defendants’ land for underground water pipelines and appurtenances, the jury valued the portion taken at $3,589, fixed severance damages to the remaining portion at $2,550, and valued the special benefits accruing to such portion by reason of the proposed improvements at $5,639. The court offset the benefits against the severance damages and re...
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The State Personnel Board appeals from the judgment of the superior court ordering the issuance of a peremptory writ of mandate requiring the board to set aside its decision dismissing respondent from his civil service position in the Department of Motor Vehicles, sometimes referred to herein as DMV. Respondent was employed by the department from January 18, 1932 to June 26, 1963. On the latter...
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Consolidated cross-appeals from an interlocutory judgment of divorce and related orders. Ruth and Jerome Rosenthal were married in 1943 and separated in 1959. The wife brought suit for divorce on the ground of extreme cruelty, and the husband cross-complained on the same ground. The trial court granted both parties a divorce, determined the extent of the community assets and liabilities, a...
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Appellant seeks relief from a judgment dismissing appellant’s complaint entered pursuant to a motion by defendant Scandinavian Airlines System (respondent herein) under the provisions of Code of Civil Procedure, section 583. *937 Appellant claimed damages suffered as a consequence of an alleged negligent blow to his head with a flashlight or ‘ ‘ other object” by an employee of respondent du...
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This appeal involves the award of custody of two children of tender age to the mother. The parties were married in Los Angeles in November of 1955. A daughter, Lisa, was born on July 29, 1956, and a son, Cary, on November 30, 1957. Shortly after the marriage, the parties moved to Phoenix, Arizona. The marriage was a difficult one from the outset. In the spring of 1961, the parties separated, ...
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On March 11, 1964, Halley’s Inc. (Halley’s) respondent, sought an injunction against Corona Processed Foods, Inc. (Corona), Gary Osborne (Osborne) and James *950 Daly (Daly). A verified complaint to which an unverified answer is filed alleged that: Nalley’s is a processor and distributor of Spanish foods, salads, and other food products; Corona is engaged in the same business; Osbo...
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This appeal concerns computation of service, for retirement purposes, of a court reporter employed by a county which has joined the state employees’ retirement system. Respondent board contends that only time spent in services rendered to and paid for by the county is to be included in the retiring employee’s period of active service. Appellant, the reporter, urges that time he spent in rendition ...
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Defendant appeals from an adverse judgment following a non jury trial. Plaintiff is the widow of Delbert S. Shafer, deceased. She is the named beneficiary in an accident policy issued by defendant to her husband. The policy provides that defendant will pay $10,000 for the death of the insured “resulting directly and independently of all other causes from bodily injury sustained during the ...
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This appeal is taken from the order of the trial court made following a hearing which resulted in a determination that appellant was still a mentally disordered sex offender and recommitted him to the Department of Mental Hygiene for placement in a state institution. (Cf. Welf. & Inst. Code, §§5518, 5519. ) 1 By way of assignments of error appellant contends (1) that earlier procee...
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Plaintiff Verner, Hilby and Dunn, a California corporation, brought this declaratory relief action against the City of Monte Sereno and its city clerk, Winifred Frost, to obtain an adjudication of the uneonstitutionality of its Ordinance 16, dealing with the regulation and licensing of businesses, trades and professions. From the judgment upholding its constitutionality, plaintiff appeals. ...
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Plaintiff appeals from a judgment in favor of the County of Sonoma (hereafter County) denying relief in his action to quiet title and decreeing that the County had a valid lien for hospital services rendered to his former wife, Amelia. Plaintiff argues that the trial court erred in concluding that: 1) the County's recorded lien was valid and had priority over his prior unrecorded deed; and 2) his...
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Appellant Rulon Johnson appeals from an order of the superior court dismissing his complaint for divorce for lack of jurisdiction. The order was predicated on a motion by June Elizabeth Johnson, his wife, respondent, on the ground that Rulon is not a California resident within the meaning of Civil Code, section 128. A prior motion by June to strike the complaint on the ground that California was ...
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On November 6, 1964, an information was filed charging appellant with grand theft from the person in violation of section 487, subdivision 2, of the Penal Code. She was also charged with two priors, of grand theft in 1948 and burglary in 1948. The language of the information is essentially that of the statute. Appellant was arraigned and pleaded “Not Guilty” and denied the priors. A trial date wa...
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On March 2, 1965, appellant, a parolee, was found guilty hy a jury of possession of narcotics in violation of section 11500 of the Health and Safety Code. Appellant admitted four prior felony convictions for possession of narcotics. Criminal proceedings were suspended, and after proceedings were conducted pursuant to Penal Code, section 6451 (now Welf. & Inst. Code, § 3051), 1 o...
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Plaintiffs, G. E. Carey and C. J. Keenan, real estate brokers (hereafter brokers) recovered in quantum *60 meruit for services rendered in subdividing certain property owned by defendants, William B. and Eileen M. Cusack (hereafter Cusacks). On this appeal, the Cusacks contend that the trial court erred by: 1) denying their motion to dismiss the complaint as the action w...
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On this appeal by Guarantee Insurance Company, hereafter appellant, from an order denying its motion for an order after judgment, the sole question presented is whether section 11580.2, subdivision (g) of the Insurance Code, entitles appellant to a setoff for payments made to its insured, respondent, under the medical payments provision of the policy against an award made under the uninsured mo...
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Defendant appeals from the order of the trial court denying his petition for writ of error coram nobis. *76 The record before us indicates that on November 14, 1961, appellant entered a plea of guilty to a charge of violating section 11500 of the Health and Safety Code. The information also alleged that appellant previously had been convicted of violating section 11500 of ...
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These two consolidated appeals represent the appellate phase of a minor skirmish in a major battle which has once before reached the official reports in Steele v. Superior Court, 56 Cal.2d 402 [15 Cal.Rptr. 116, 364 P.2d 292], The parent litigation is a case entitled Steele v. Litton Industries, Inc., et al., which for several years has been and still is pending in th...
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Respondent, a doctor of medicine, moved his family from Ohio to California in 1955. He brought certain funds with him, representing his earnings in Ohio. The parties agree that these earnings were earned during his marriage; *103therefore they were "quasi-community property” as defined in Revenue and Taxation Code, section 15300. These funds were his separate property under the law of Ohio. In Cal...
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Defendant appeals from judgment of conviction, after jury trial, of murder in the first degree with life imprisonment. *122 Questions Presented 1. Sufficiency of the evidence. 2. Alleged misconduct of the district attorney. a. Opening statement. b. Cross-examination of defendant. c. Examination of witness James. d. Cross-examination of Priscilla Slagl...
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245 Cal.App.2d 160 (1966) COW HOLLOW IMPROVEMENT CLUB et al., Plaintiffs and Respondents, v. BOARD OF PERMIT APPEALS OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Respondents; LENA DiBENE et al., Real Parties in Interest and Appellants. Civ. No. 22796. California Court of Appeals. First Dist., Div. One. Sept. 23, 1966. William L. Ferdon and Chickering & Gregory for Real P...
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This is an appeal from a decree settling the final account and approving the report of Lena Mahan, administratrix of the estate of Paul Roscelli and ordering distribution of the estate property. Appellants contend the probate court erred in two respects, first, in computing the statutory *189fees of the administratrix upon the gross value of the estate, rather than upon gross value less certain li...
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Chacksfield, the sub divider of a tract of land in Los Angeles, secured approval in 1957 from the city for a subdivision (Bus. & Prof. Code, §§ 11503, 11550 et seq.) by dedicating certain easements to the Los Angeles Flood Con *194 trol District for a flood control channel and by agreeing to construct specific improvements around the proposed flood control channel. (Bus. & Prof. Co...
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Blake and Carter appeal from a judgment in favor of the insurance company declaring Blake’s automobile insurance policy void from its inception because of fraudulent statements in his application for the policy. In 1962 Blake obtained automobile insurance by submitting an application in which he answered two questions falsely. The first question was “Have you or any other driver of this car: ...
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Defendant, a previously convicted felon, appeals from the judgment entered following a nonjury trial convicting him of possessing a coneealable weapon in violation of section 12021 of the Penal Code. 1 On September 25, 1964, two Los Angeles police officers and a state narcotic agent entered and searched an apartment in Los Angeles pursuant to the authority of a search warrant. The affidavit u...
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Defendant has appealed from a “judgment” (order admitting her to probation) following her conviction under an information which charged her with four separate *214 offenses arising out of her applications for and her receipt of payments under the aid to families with dependent children program. 1 In the first count she was charged with grand theft (Pen. Code, §§ 484 an...
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Defendant appeals following his conviction in a jury trial of two counts of grand theft (Pen. Code, §487), two counts of forgery (Pen. Code §470), and two counts of procuring a forged instrument to be recorded (Pen. Code, § 115). The imposition of judgment was suspended and defendant was granted probation. The charged offenses arose out of dents in which defendant, an aluminum secured purchaser...
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Did defendant’s failure to equip its motor vehicles with seat belts, under the evidence, present jury questions as to negligence and proximate cause under the Federal Employer’s Liability Act (45 U.S.C.A. § 51) ? That is the issue here. At the close of plaintiff’s case, defendant’s motion for nonsuit was granted and the jury was discharged. Plaintiff appeals. Plaintiff’s testate was employ...
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Respondent was awarded a judgment of mandate ordering the State Personnel Board to restore him to a position as assistant counsel with the Secretary of State, from which he had been discharged, and to compensate him for loss of pay. The board and its members appeal. Following the appeal, the trial court made a special order that the appeal should not operate as a stay. The board and its members a...
Views: 7
Defendant was charged by indictment with the sale of heroin, in violation of section 11501 of the Health and Safety Code. Trial by jury was duly waived and the matter was submitted on the transcript of the testimony before the grand jury, supplemented by additional oral testimony. Defendant was found guilty as charged. Pursuant to *255 then section 6451 of the Penal Code, 1 ...
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Plaintiff filed a complaint for dissolution of a partnership and for accounting. After the defendant had answered, generally denying plaintiff’s allegations, the matter was heard by the court sitting without a jury. On January 17, 1964, the trial court ruled in favor of the plaintiff and on January 22, 1964, filed a memorandum re decision. Findings of fact and conclusions of law were filed; judgm...
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245 Cal.App.2d 265 (1966) THE PEOPLE, Plaintiff and Respondent, v. LARRY JOHN WRIGHT, Defendant and Appellant. Crim. No. 171. California Court of Appeals. Fifth Dist. Sept. 28, 1966. Morris M. Sherr, under appointment by the District Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, Edward A. Hinz, Jr., and Michael Buzzell, Deputy Attorneys General, for Plainti...
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Defendants-insurers appeal from a judgment declaring that the insurance policy issued by them to plaintiff s-respondents obligated appellants to defend an action for damages brought against respondents by the McLaughlins, husband and wife. For reasons stated hereafter we do not determine at this time what obligation, if any, appellants may ultimately have to indemnify respondents in the event t...
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245 Cal.App.2d 292 (1966) 53 Cal. Rptr. 816 DAVID W. SMITH et al., Petitioners, v. WORKMEN'S COMPENSATION APPEALS BOARD, HAROLD EUGENE SNOOK et al., Respondents. Docket No. 8184. Court of Appeals of California, Fourth District, Division One. September 29, 1966. *293 Arnold S. Petersen for Petitioners. Everett A. Corten, Edward A. Sarkisian, Romaine E. Harper and Donald C. Lieb for Respondents. CO...
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In compliance with a desire to establish a freeway on part of highway 99 in Kern County, the People of the State of California, acting through the Department of Public Works, brought this suit to condemn property of Giumarra Vineyards Corporation located in its 356.63-acre vineyard, some seven miles north of Bakersfield. The complaint specified two parcels subject to the eminent domain proceedi...
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This is an appeal from a judgment for the value .of a water system taken by inverse condemnation. Respondent and his associates developed and subdivided a tract of land in Kern County, including construction of a domestic water system to serve approximately 96 homes in tracts 2394 and 2427. Prior to the commencement of this action, respondent acquired the interests of his associates. On Novembe...
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In this action for personal injuries arising out of an automobile accident the jury returned a verdict in favor of plaintiff for $850, and on February 28, 1964, judgment was entered thereon. Plaintiff deemed this judgment insufficient and moved for a new trial upon the following grounds: *331‘‘ 1. Insufficiency of the evidence to justify the verdict; 1 ‘ 2. That the verdict is against the law. ’ ’...
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J.Petitioner Montyk was employed by American Building Maintenance Company as a janitor. Upon his application for workmen’s compensation benefits, the referee found that petitioner had sustained a hernia as the result of repeated work strains up to April 2, 1965, which is the last day petitioner worked prior to undergoing surgery. On April 5, 1965, petitioner underwent surgery by his own doctor....
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J.Defendant and another were tried jointly for burglary (Pen. Code, § 459) and grand theft (Pen. Code, § 487, subd. 1). One attorney had been appointed to represent both defendants and did so throughout the prosecution of the People’s case. The evidence was that a house in San Diego County had been burglarized; some of the things taken were a .22 pistol, camera, two watches, tape recorder and two...
Views: 11
Plaintiff wife has appealed from several orders made in proceedings which were instigated by defendant husband in which he secured an order relieving him from an obligation of making monthly payments for the support, care and maintenance of plaintiff, an order requiring her to contribute to the cost of the care, maintenance and support of their minor incompetent son, and an order declaring that d...
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Petitioner asks this court to issue forthwith a writ of mandate commanding the respondent court to set its cause of action for trial prior to October 10, 1966, or to grant the alternative .relief of a partial trial by allowing the swearing of one witness and then continuing the matter to a time mutually convenient to the court and to the parties for the completion of the trial. We have conclude...
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The sole question to be decided in this appeal is whether, under the uncontroverted facts presented in affidavits filed in support of defendant’s motion for summary judgment which the trial court granted, section 10214 of the Insurance Code requires defendant to apply the group life insurance premium refunds it has received for the benefit of plaintiff and the other insured employees of defendant,...
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We granted a rehearing in order to reconsider this appeal in the light of an augmented record. A courtroom colloquy in which defendant participated at the time of his arraignment on July 14, 1965, was not included in the reporter’s transcript nor brought to our attention until after our original decision was filed. Defendant, an inmate of Folsom Prison, appeared in superior court on July 14, 19...
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A jury found defendant guilty of possession of a sawed-off shotgun (Pen. Code, § 12020) and of being a convicted felon in possession of a concealable firearm (Pen. Code, § 12021). He was sentenced to concurrent prison terms on the two counts, and appeals. At about 2 a.m. on a March day in 1965, appellant was a passenger in a car driven by one Crane. Officers in a patrol ear saw the vehicle...
Views: 15
By a petition filed in the juvenile court under section 602 of the Welfare and Institutions Code on August 2, 1965, appellant Robert Acuna, a minor of the age of 17 years, was charged with a violation of section 245 of the Penal Code (assault with a deadly weapon), and by a supplemental petition dated August 17, 1965, he was charged under said section 602 with violations of sections 647, subdiv...
Views: 0
A jury found defendant guilty of possession of marijuana. (Health & Saf. Code, § 11530.) The appeal is from the order granting probation. A codefendant who drove the car in which defendant was riding at the time of his arrest also was found guilty. Pacts At 12 o ’clock midnight, defendant was a passenger in an auto pursued by the police for failing to halt at a stop sign. After the of...
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Defendant appeals from a judgment imposing sentence following his conviction by a jury of a sale of heroin. The sale was made on January 14, 1963. Defendant was not apprehended until December 22, 1965. The information was filed on February 14, 1966. It was stipulated that defendant’s absence from the State of California had tolled the statute of limitations. At about 7:40 p.m. of January 14, ...
Views: 9
Petitioners seek a writ of mandate commanding respondent court to vacate its order denying their motion to compel a witness to answer questions propounded at a deposition upon oral examination and further commanding respondent to enter an order compelling the witness to answer. 1 Petitioners are contestants in a will contest pending in the lower court in the Matter of the Estate of...
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This is an appeal from the judgment dismissing plaintiffs’ complaint upon the granting of defendant’s motion for a summary judgment. These background facts are undisputed. Plaintiffs are four married couples who own homes situated along Mulholland Drive as it winds along the edge of and near the crest of the Santa Monica Mountains above Laurel Canyon and overlooking the San Fern...
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Petitioner was charged by indictment with the crime of forgery, grand theft and offering a forged instrument for recordation. A motion to dismiss, under section 995 of the Penal Code, was made; it was granted as to the count charging offering a forged instrument for recordation (Pen. Code, § 115), but it was denied as to the other two counts. A timely petition for a writ of prohibition was therea...
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The appeal is from a defense judgment following a verdict in favor of defendant Helene Rose Clough in a personal injury action. 1 The accident involved the collision of Mrs. Clough’s automobile with a motorcycle driven by plaintiff at approximately 1 p.m., on November 29, 1962, in Sacramento. The collision occurred at an intersection (or intersections) unusually engineered and design...
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This is an action in eminent domain initiated by the State of California to condemn, for freeway purposes, an unimproved parcel of real property owned by the *458 defendants, Carl Arthofer and Doris Arthofer. Maxwell Wright is not a real party in interest, having sold the subject parcel to the defendants Arthofer prior to the filing of the complaint, and is therefore not involved i...
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In January 1963, following the death of their father, Tomaso Picchi, plaintiffs, Annita Mecchi and Julia Pontana, filed their complaint to quiet title to three parcels of real property and for an accounting against their stepmother, Maria Picchi. She in turn filed an answer and a cross-complaint in which she sought to quiet title in herself. In May, Julia, as executrix of her father’s last will...
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In May of 1959 appellant company purchased a parcel of real property in Santa Maria for cash and a deed of trust (covering the unpaid balance) which was made subordinate to a construction loan thereafter obtained in the sum of $300,000 for a 50-unit apartment building. Subsequently a “cost breakdown” submitted to the bank by appellant Rudnick certified that the total cost of construction would ...
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Plaintiff filed a complaint for declaratory and injunctive relief seeking a determination as to whether the card game of panguingue is one of skill or chance and, if a game of skill, an injunction against the defendants from arresting plaintiffs for playing panguingue. A trial was had before the court, judgment was entered declaring panguingue (played according to the rules established by the par...
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This is an appeal from denial of a petition for a writ of error coram nobis. This matter was before us once before. In 2nd Crim. No. 11639, on January 3, 1966, we dismissed a similar appeal, to wit: “Appellant’s petition for writ of error coram nobis did not state facts sufficient to invoke the jurisdiction of the superior court. The order of the superior court is not appealable. (People v....
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This is an appeal by plaintiff, Adline Warshaw, from an order which terminated defendant’s obligation, under an order previously made, to make payments for the support of the parties’ minor children. Plaintiff contends the lower court abused its discretion in granting this relief to defendant. Plaintiff was awarded a divorce from defendant in 1950 in Michigan and was given custody of their thre...
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Defendant appeals from an order denying his motion for judgment notwithstanding the verdict, and from the judgment awarding damages upon a complaint alleging willful injury from misconduct causing emotional and mental distress and disturbance. The plaintiffs, Suzanne and Paul, were born, respectively, on July 28, 1946, and Sept. 20, 1948; when defendant’s alleged misconduct occurred were 1...
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The appellant is the executrix of the estate of Valentine Davies, deceased. Mr. Davies filed the action but died before it came to trial. He sought damages for an alleged breach of an implied contract with respect to the use by the defendant, Norman Krasna, of an idea, central theme and dramatic core of a story which Mr. Davies alleged that he had created and thereafter submitted to the defendant...
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245 Cal.App.2d 561 (1966) THE PEOPLE, Plaintiff and Respondent, v. RALPH VILLALOBOS, Defendant and Appellant. Crim. No. 11890. California Court of Appeals. Second Dist., Div. Four. Oct. 11, 1966. Richard H. Levin, under appointment by the District Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Norman H. Sokolow, ...
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Defendant appeals from judgments entered on jury verdict finding him guilty of three counts of burglary, two counts of violation of section 288a of the Penal Code, two counts of forcible rape, and one count of assault with intent to commit rape. These offenses were committed against three women. The sentences on the burglary counts were suspended. The sentence as to one count of violation of sect...
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245 Cal.App.2d 578 (1966) ROBERT LYNN HILLS, a Minor, etc., Plaintiff and Appellant, v. ROBERT E. HILLS, Defendant and Respondent. Civ. No. 28736. California Court of Appeals. Second Dist., Div. Four. Oct. 13, 1966. James D. Gunderson for Plaintiff and Appellant. Lyman & Lowry and Willis T. Lyman for Defendant and Respondent. BISHOP, J. pro tem. [fn. *] The plaintiff appeals from that por...
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On June 19,1963, in case No. WEC 3202, Viva Lundgren sued her son Harold to have him declared a constructive trustee on her behalf of real property known as the Caswell Street property alleging that he breached their agreement (that she could reside thereon until her death) made when she deeded the house to him and his wife Albertene on December 28,1960, and for reconveyance of the property. ...
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After a jury had awarded plaintiffs a verdict in the sum of $250,000, the exact amount of their prayer, the trial court granted defendants’ motions for a judgment notwithstanding the verdict and for a new trial. The latter order was based on the insufficiency of the evidence. Plaintiffs appealed from the judgment and the order. Defendants cross-appealed. (Cal. Rules of Court, rule 3(a).) The th...
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In this action, plaintiff lessee seeks a declaration that tax assessments levied by defendant Noll as county assessor are invalid, or if valid, that defendant lessor be declared obligated to pay the taxes or to reimburse plaintiff therefor. Each defendant demurred. Both demurrers were sustained without leave to amend, and the action was dismissed. Plaintiff appeals. Respondent assessor arg...
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Appellants, who were defendants in the trial court, appeal from a judgment in favor of respondents in the total sum of $6,243.47. Respondents claimed a wrongful eviction from premises let to them by appellants, and a conversion of their personal property. Appellants contend first that the trial court erred in failing to segregate the items of personal property found to have been converted and t...
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Appellant, having been convicted of violation of section 11530 of the Health and Safety Code because of his possession of marijuana, and having admitted prior convictions for possession of narcotics and furnishing narcotics to a minor, appeals. He does not challenge the sufficiency of the *626 evidence, but asserts (1) that the contraband was obtained by an illegal search, and (2) that the sent...
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The parties to this appeal are partners in the operation of a beauty school business known as "Professional Institute of Beauty” under a written agreement entered into on June 6, 1962. Certain difficulties thereafter arose, and on December 29,1964, plaintiff instituted an action to dissolve the partnership and for an accounting. Such further relief having been sought in the complaint, she obtai...
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J.The parties were married on December 14, 1960, and on October 25, 1963, a separation occurred during which defendant husband sued for divorce. An agreement regarding community property was entered into on February 18, 1964, wherein household furnishings valued at $6,000 were given to the wife, and the increment from December 14, 1960, to the date of the partnership interest of the husband in an...
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Appeal from a judgment terminating a husband’s support obligation under the Uniform Reciprocal Enforcement of Support Act. (Code Civ. Proc., §§ 1650-1692, 9C U.L.A.) *648 The parties married in Florida in 1953 and separated in New York in 1958. They had no children. In 1963 the wife, a resident of New York, brought suit for support in New York under the uniform act against her husband, a Cali...
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Plaintiff Anthony Polisso, an employee of defendant and appellant John Pratico, a masonry subcontractor, was injured on April 17, 1963 at a construction site in San Jose. He commenced this action for damages for personal injuries against defendant and cross-complainant Manuel Souza, the general contractor of the job, and against other defendants later dismissed. The gist of the complaint was th...
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ROTH, P. J. Bill D. Moulton, appellant, owned a tavern in Pasadena, known as Barnacle Bill’s, the operation of which was being investigated by the Alcoholic Beverage Control Board (ABCB). Pending the investigation, Moulton sold the tavern to defendant Charles L. Drouet, respondent. An escrow for the sale was opened on November 26, 1962. The escrow was closed in early July 1963. On March 17, 196...
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This action was commenced by a taxpayer, purportedly on behalf of the City of Los Angeles, to recover into the city treasury the salary paid to the superintendent of the receiving hospital upon the allegation that the superintendent had failed to devote his entire time to the duties of the office. The action was dismissed before trial upon the ground that the second amended complaint failed to st...
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Plaintiff instituted a malpractice action against defendant doctor after she suffered an anaphylactic reaction to a hypodermic injection given to her by defendant. A jury trial resulted in a verdict in favor of defendant. From the judgment subsequently entered plaintiff appeals. The trial court refused to give instructions requested by plaintiff on the doctrine of res ipsa loquitur. The single ...
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Both of these eases involve the identical issue. Plaintiff William G. Straube is the nephew, and plaintiff Suzanne Gay is the niece, of William Boering Straube, deceased, and each was bequeathed $2,000 by the uncle’s will, and each was awarded that sum by a decree of distribution. Defendant Evelyn Straube is the duly appointed executrix of the deceased’s estate. Before the trial court each side so...
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Defendant was charged, jointly with Rickey Lee Latino, with armed robbery, in violation of section 211 of the Penal Code. After a trial, both defendants were found guilty of robbery in the second degree, the jury finding “not true” the allegation that they were armed at the time of the offense. On this appeal, counsel urges several grounds for reversal. Since we find that the trial court errone...
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Defendants were each charged with misdemeanors for violation of section 5108 of the Bell-flower Municipal Code, ordinance number 204, in that each failed to wear outer garments that would cover the breast from the top of the nipples to the bottom of the breast anatomy while working in a restaurant, public eating place or food establishment. Defendants’ demurrers were sustained on the ground tha...
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A jury found defendant guilty of two counts of receiving stolen property (Pen. Code, § 496). He appeals from the judgment of conviction. We have reviewed the record and the facts of the case may be summarized as follows: On August 31, 1965, the proprietor of Del’s Country Store, located at 9565 Folsom Boulevard in Sacramento County, discovered that his place of business had been burglarized. Fo...
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On May 19, 1966 the grand jury of the City and County of San Francisco returned an indictment against Clyde Simmonds and four others charging them with violation of Penal Code sections 182 (conspiracy to commit murder) and 187 (murder) arising out of the death of Dow Wilson. Simmonds’ motion to dismiss the indictment on the grounds that he had been indicted without reasonable or probable cause (P...
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This is the second appeal arising out of defendant’s conviction of two counts of selling marijuana, committed on March 5, 1964, in violation of section 11531 of *713 the Health and Safety Code. On the prior appeal, we pointed out, in an unpublished opinion, that defendant, having suffered no previous conviction within the meaning of section 11715.6 of the Health and Safety Code, wa...
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This is an application for a writ of mandate by the City of Santa Monica to compel the city clerk of Santa Monica to publish a notice inviting sealed proposals for the purchase of water revenue bonds as directed by a resolution of the Santa Monica City 1 The clerk *721 refuses to publish the notice on the asserted ground the proposed issuance of the revenue bonds is inva...
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Plaintiff, County of Santa Clara, as condemner, has appealed from a judgment awarding the sum of $70,370, plus costs, for property taken from defendants Ginden as eondemnees 1 for a freeway and for severance damages to their remaining property. The jury awarded $32,850 for the property taken, and $37,520 for severance damages. It is only the latter sum which is in controversy. Plaint...
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This is an appeal from a summary judgment. Appellant, Property Controllers, Inc., initiated this action for specific performance of a written lease, executed on October 8, 1962, between appellant and American Engineers and Contractors Corporation, its lessor. The lease provided for the construction of the premises demised in a shopping center to be built on land owned by American. The leas...
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Defendant was convicted of possessing a narcotic (Health & Saf. Code, § 11500) by the court, sitting without a jury. The criminal proceedings were suspended before sentence and without any ruling upon defendant’s application for probation, to ascertain, under section 3051, Welfare and Institutions Code, if defendant was addicted to narcotics or in danger of becoming so addicted. He w...
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This is an appeal from an order granting a new trial. The action was commenced by appellant to recover the sum of $75,000 deposited by respondent with an escrow holder pursuant to the terms of a written contract for the sale of real property. After hearing the evidence the trial judge made findings and entered judgment for appellant, but later, *769 on respondent's motion, granted ...
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Appellants, operators of a trucking company, and respondent manufacturer made a written contract which purported to be one of purchase and sale of limestone products. The Public Utilities Commission found, however, on hearing, that the contract was one for transportation and not for sale, and that it was a device by which appellants undercharged respondent. The commission ordered appellants to ...
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This is a petition for writ of review, which we shall treat as a proceeding in mandate. Pacts : Petitioner, Burton Marks, is an attorney at law. On or about December 24, 1965, he was appointed by respondent *781 court (Appellate Department of the Superior Court, County of Los Angeles, State of California) 1 as attorney for Henry A. Mangaser, an indigent, with respect to Mangaser’s appeal to...
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This is an appeal by the People from an order granting the motion of defendant to dismiss a misdemeanor complaint charging defendant with violation of section 23102, subdivision (a), 1 Vehicle Code (driving under the influence of intoxicating liquor upon a highway) on the ground the offense was barred by the multiple prosecution prohibition of Penal Code section 654. Facts : On the evening of...
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The evidence discloses that in early 1964 Elizabeth Thomason was suffering from terminal cancer, and on January 29, 1964, she made and executed a holographic will which, subsequent to her demise on July 4, 1964, was admitted to probate on July 31,1964. The decedent was survived by her sole heir and spouse, Clyde Y. Thomason, whom she had married on December 21, 1927. During the course of the marri...
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This case involves the riparian rights of all landowners on Walker Basin Creek, located in the Tehachapi Mountain area, some 30 miles southeast of Bakersfield. The creek has its source, at least as a flowing surface stream with easily decipherable bed and banks, some 500 yards northeasterly of the point where it leaves Walker Basin. Walker Basin was formed by the upthrust along Breckinridge Fau...
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The only question presented on this appeal is whether the trial court properly found that “Un Chant d’Amour,” a film written and directed by Jean Genet, was obscene within the meaning of section 311, subdivision (a), of the Penal Code and, therefore, excluded from the constitutional guarantees of freedom of speech and of the press. The pertinent facts are not in dispute. Appellant, Saul La...
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Plaintiff Pacific Scientific Company (hereafter referred to as “Pacific”) brought this action against defendants Eugene Glassey and Exactel Instrument Company (hereafter referred to as “Exactel”) to recover damages for breach of a distributorship agreement. The complaint alleged that on August 28, 1957, the parties entered into a written contract whereby plaintiff was to act as the exclusive di...
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Appeal from judgment of conviction after jury verdict of guilty of violation of Penal Code, section 459 (burglary, second degree). Questions Presented Admissibility of testimony concerning condition of the pay telephone approximately six hours after defendant’s arrest, and of the paper used to stuff the telephone, found at that time; *846Facts Defendant was charged hy information with violating se...
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Plaintiff, as named beneficiary, brought this action upon a policy of insurance upon the life of her deceased husband. Jury verdict was for plaintiff, and defendant appeals from the ensuing judgment. The policy was issued to the husband in July 1959. In January 1962, it lapsed for nonpayment of a premium. The selling agent left an application for reinstatement with decedent’s secretary, for sig...
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Larry Huskins was charged in eight counts with sex offenses against his three natural daughters, ages six, three, and two, and in a non jury trial was convicted on one charge and acquitted on the others. Sexual psychopathy proceedings were initiated, but a jury found the defendant was not a sexual psychopath. (Welf. & Inst. Code, § 5512.) Thereafter, defendant, whose only prior offense was a 19...
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This is an action for $500,000 actual damages, a like sum for punitive damages, and, in addition, unspecified sums for special damages, because of injuries received by plaintiff while a passenger in an automobile owned by defendant National Auto Rental, being driven by defendant Cooper, who had rented it from the owner. The ease comes to us on an appeal by the plaintiff from an order quashing s...
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In this action to recover monies paid under municipal ordinances regulating trucking on city streets, defendant and cross-complainant City of San Bruno (City) and defendant city officials appeal from a judgment 1 entered against them, after a non jury trial, awarding plaintiff the sum of $33,592.57 with interest and denying the City all recovery on its cross-complaint. 2 ...
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Defendant was accused in two counts of violating section 11500 of the Health and Safety Code in that, on April 2 and 3, 1965, he unlawfully had heroin in his possession. His motion, under section 995 of the Penal Code, to dismiss the information was granted and the case was dismissed. The People appeal from the order of dismissal. *892 Section 995 of the Penal Code provides, in part, that an ...
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I dissent. On a transfer for consideration of a future interest in property to take effect on the termination of a life estate, our statute requires the computation for inheritance tax purposes of the value of the consideration received at the time of the transfer in relation to the value of the future interest given away. Revenue and Taxation Code, section 13641, reads: “If a transfer specified i...
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This is an appeal from a judgment denying appellant’s petition for writ of mandate to compel the Board of Medical Examiners to set aside its decision and order revoking appellant’s certificate and license to practice medicine and surgery. In February 1964 the board, through its executive secretary, caused to be filed and served upon appellant, a licensed physi *911 cian and surgeon, its accus...
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The Alcoholic Beverage Control Appeals Board (Board) reversed a decision of the Department of Alcoholic Beverage Control (Department) which suspended an on-sale general license for 30 days. Department filed a petition for writ of mandate seeking *921 judicial review of Board’s decision. The writ was granted. James A. Gunkel, the appellant herein (Licensee), was named in the pe...
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Plaintiffs and cross-defendants Sloan, hereinafter referred to as landowners, appeal from a judgment which denied them any relief on their complaint for damages for trespass against defendant’s intestate, hereinafter referred to as logger, and which awarded defendant and cross-complainant administratrix 1 $63,899.63 damages upon a cross-complaint for breach of a contract for the sale...
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J.Appellant Aborigine Lumber Company brought this action against respondents Prank Hyman and Jack Hyman to recover damages for trespass to timber, and for treble damages. 1 Respondents’ answer denied the alleged trespass and affirmatively pleaded as a defense an agreed boundary line, established since 1943. The trial court found that predecessors of the parties to this action had agr...
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Plaintiff appeals from the denial of a writ of mandate by which he sought to be restored to “permanent employment” in the “classified service” of Stockton Unified School District. He first went to work for the district in 1952, as a truck driver; the employment was authorized by the State Department of Education, Division of Vocational Rehabilitation ; at that time Mr. Hamilton was a partially ...
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Plaintiff has appealed from an adverse judgment entered upon a verdict for defendants in an action in which he sought to recover damages for alleged slander because the defendant Stewart while conducting a television show referred to plaintiff, a paid performer on the show, as an “iron-clad singing member of the Mafia. ’ ’ Plaintiff contends that the failure of the trial court to i...
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The sole issue on this appeal is whether or not the trial court properly held defendant Arthur Murray, Inc. liable in damages, as provided by section 1812.94 of the Civil Code, for a violation by its licensee of the provisions of the Dance Act (Civ. Code, §§ 1812.80-1812.95). Stating the facts most favorably to respondent, as we are required to do on this appeal, the following seem to be clear:...
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J.Southern Adjustment Bureau, Inc., (Southern) appeals from a judgment, following a trial of a declaratory relief action, ordering J. C. O’Connor, Sheriff of San Diego County, to deliver a sheriff’s deed to certain real property to Carl W. Williams, assignee of Credit Bureau of San Diego, Inc. (Credit Bureau). Southern took an assignment of a judgment from a creditor of White. White’s property had...
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Defendant has appealed from an order granting him probation 1 following jury verdicts which convicted him of conspiracy to pervert and obstruct justice and the due administration of the laws in violation of subdivision 5 of section 182 of the Penal Code, and of conspiracy to commit arson in violation of subdivision 1 of that section. On October 8, 1964, an indictment was returned charging def...
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In this, a condemnation action brought by the County of Los Angeles to acquire several parcels of land, a parcel, to be known to us as parcel 1-5, was owned by defendants Stone. They had leased a portion only of the parcel to defendant Dix Box Company (defendant Dix). A quasi-interpleader proceeding evolved in the main action between defendants Stone and defendant Dix to see if the latter shoul...
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Defendant prosecutes this appeal from the judgment entered upon his conviction by the court of possession of marijuana (Health & Saf. Code, § 11530), and violation of the Dangerous Weapons Control Law (Pen. Code, §12021). During the course of the trial the court permitted, over defendant’s objection, the introduction of a quantity of marijuana and two revolvers discovered secreted in the apartment...
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Defendant was charged, in three counts, with (count I) burglary in violation of section 459 of the Penal Code, (count II) rape in violation of subdivision (3) of section 261 of the Penal Code, and (count III) robbery in violation of section 211 of the Penal Code. He pled not guilty; after a jury trial, he was found guilty on all three counts, the jury fixing the degree of burglary as first degree...
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amended information appellant Jessie Lee Watson was charged in count I and his codefendant, Ulysee Pryor, in count II with attempted grand theft from the person, in violation of sections 664 and 487, subdivision 2, Penal Code of California, a felony. Following not guilty pleas a jury trial was had resulting in a guilty verdict as to both. A motion for new trial was denied. Watson was sentenced ...
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Following a preliminary hearing in the municipal court, respondent was charged by information with attempted burglary, Penal Code sections 459 and 664, (count I); burglary, Penal Code section 459, (counts II and III); and receiving stolen property, Penal Code section 496, (count IV). Respondent moved under Penal Code section 995 to discharge the information on the ground that the evidence again...
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Appellant, having waived a jury, was found guilty by the court of possession of heroin for the purpose of sale in violation of Health and Safety Code, section 11500.5. He appeals from the judgment of conviction solely on the ground that the heroin found in his possession at the time of arrest was unlawfully seized and therefore inadmissible at trial. We do not agree. The evidence in dispute, co...
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This judgment in declaratory relief determines which of two insurance companies is ultimately liable to a workman injured by the negligence of other workmen when removing telephone poles from a truck. The Facts Arthur C. Walker was employed as a driver by Speedy Transport, Inc., a corporate carrier. The vehicle was employed in moving a load of telephone poles from Stockton to Sacr...
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The defendant, Gilbert Vaiza, was charged with a felony, to-wit: assault with a deadly weapon upon a peace officer (Pen. Code, § 245, subd. (b)) ; he entered a plea of not guilty and was tried and convicted by a jury. After the denial of his application for probation, he was sentenced to state’s prison. *123 With certain important differences, hereinafter discussed, the facts are recited with...
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Plaintiff sued defendant, maker of a promissory note payable to Croeker-Citizens National Bank, to recover the amount his assignor, as guarantor, was compelled to pay the bank on the note after defendant defaulted. Defendant appeals from order granting motion for summary judgment under Code of Civil Procedure, section 437c and for summary judgment. Complaint on Note Paid By Guarantor, Afte...
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Plaintiffs Marion and Harriette Syrek and George and Clara Purser appeal from the judgment entered against them in this action wherein they seek to recover the balances owing on two promissory notes executed by respondents Melvin and Helen Gould and secured by deeds of trust. Since all the pertinent facts were presented to the trial court by way of stipulation, the sole issue presented for cons...
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Defendant appeals from the judgment convicting him of involuntary manslaughter,1 and argues (1) that the evidence is legally insufficient to support the judgment; (2) that evidence obtained by means of an illegal search and seizure was improperly admitted; and (3) that evidence as to his statements to the police was received in violation of the rules enunciated in People v. Dorado, 62 Cal.2d 338 [...
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After a demurrer of defendant Safety Savings and Loan Association, and defendant Woods, to the first amended complaint had been sustained on all the grounds specified in the demurrer, plaintiff did not file an amended complaint within the time allowed for amending, and an order of dismissal was entered as to said defendants. Plaintiff appeals from the order. Appellant contends that the fir...
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This is an appeal from a summary judgment in favor of respondents. The only issue is whether there are any triable issues of fact. Appellants, husband and wife, filed their action for breach of a contract by respondents to purchase certain property on Vermont Avenue in Los Angeles. The contract is evidenced by escrow instructions entered into by appellants and the respondent Price as the n...
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Defendant entered pleas of not guilty and not guilty by reason of insanity to two counts charging him, respectively, with possession of marijuana and with planting and cultivating marijuana, each a violation of section 11530 of the Health and Safety Code. Defendant admitted that he had suffered two prior felony convictions. A jury found him guilty as charged. After a jury waiver in the separate t...
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Appellant filed an action for damages against various parties, including Joshua Hendy Corp., respondent herein, on June 11, 1959, in the municipal court; the same was transferred to the superior court on September 8, 1959. Thereafter, plaintiff took no steps to bring the action to trial against Joshua Hendy Corp. until a certificate of readiness was filed in latter 1964. No further action havin...
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Plaintiff brought this action to recover damages for injuries he sustained when he was struck by a truck owned by defendant Air Cargo Terminals, Inc., and operated by its agent defendant Benny Canales. At the time of the injury plaintiff was at a loading dock on the premises of Harris Company in San Bernardino to take delivery of a purchase which he had made. Plaintiff sued the truck owner, the dr...
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In this action for dissolution of an alleged oral partnership or, in the event none was found, for breach of an agreement to enter into a partnership, plaintiff appeals from a judgment after a non jury trial that he take nothing by his complaint. Plaintiff and defendant first met in college in 1950. There they also met David Beatty whose father owned the Beatty Scaffolding Company. In the fall ...
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Plaintiff insurance company appeals from a judgment declaring that its automobile liability policy issued to respondent Thomas on his 1961 Valiant also covered him for personal injury liability to others while driving a “non-ovmed automobile” under the circumstances hereafter related. On May 25, 1964, in the course and scope of his employment as an agent of the Internal Revenue Service, Th...
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In this legal malpractice action against two attorneys who had represented him successively, plaintiff was given a money judgment against defendant Hansen only. Plaintiff has appealed contending not only that the award was inadequate but that he was also entitled to a judgment against defendant Docken. Defendant Hansen has also appealed ; although no challenge is made to the amount of the award...
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Appeal from an order granting letters of administration to respondent and denying letters of administration to appellant. The file below discloses that William Waltz died intestate in the County of Los Angeles on July 28, 1963. He left surviving him his wife, Hildegard Lindstedt Waltz, who had been adjudged to be mentally incompetent and who was confined as a mentally incompetent person in the Vet...
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Plaintiff Redd Foxx, an entertainer in nightclubs and on phonograph records, brought this action against Walter D. Williams, Jr., Dootone Record Manufacturing, Inc., and others, for a declaration of rights, accounting, and other relief under a written contract called “Artist Recording Royalty Agreement.” Dootone cross-complained against Foxx to recover moneys paid by mistake, for damages, and f...
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Plaintiffs appeal from a judgment denying an injunction to restrain defendants from building a proposed dwelling which plaintiffs allege would violate tract building restrictions. Plaintiffs and defendants are the owners, respectively, of Lots 26 and 9 in “Yacht Club Terrace,” a Point Loma subdivision. Lot 26 is deeper than Lot 9; partly adjoins the latter; and lies in a general northwesterly d...
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Appellant, a brother of the testatrix, appeals from a decree determining heirship which confirmed a devise to claimant-respondent, whom testatrix described in her will as “surviving issue of my son, a daughter, Diane Marie Hicks, *252who was born out of wedlock to Marie Hicks, of Williams, Arizona.” Donald Frank Gilman, son of the testatrix, Viola M. Strong, was taking pilot training near Phoenix,...
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On this appeal by the wife from a judgment in favor of the husband in his action for partition, the only question presented is whether, after a decree of separate maintenance, the wife is entitled to claim a homestead in the husband’s separate property and thus to bar his action. This *258 case is one of first impression under section 1300 of the Civil Code. The appeal is on a settled stateme...
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On August 1, 1963, plaintiff The Redevelopment Agency of the City of Richmond filed a complaint in eminent domain against defendant John Maynard, as administrator of the estates of Alvin and Mary Maynard. The property sought was owned by the above-mentioned estates and situated within the boundaries of an area selected for redevelopment. Defendant’s answer, which was filed on September 25, 1963...
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In an action for declaratory relief plaintiff sought a declaration by the court that a clause entitled “Part Seven, C. Acts op Third Parties,” contained in a Group Health Service agreement- issued by defendant California Physicians’ Service, and an order of payment signed by him thereunder are illegal and void as against public policy, and that the sum of $1,714.34 held in trust by his counsel, E...
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Ove Johnson, an inmate of Folsom State Prison, seeks habeas corpus, alleging constitutional defects in the 1953 proceeding leading to his plea of guilty and conviction on two counts of armed robbery. This is one of several cases in which we issued an order to show cause on the petitioner’s claim that he had made a judicial confession of guilt in the course of his preliminary examination without a ...
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Defendant appeals from a judgment decreeing specific performance of an option agreement, executed on June 16, 1959, wherein defendant agreed to sell to plaintiff a parcel of timber land, excepting a portion thereof. The crucial issue on appeal is whether this excepted portion is described in the agreement with sufficient certainty to permit specific performance. Our opinion is confine...
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After conviction by the court (jury having been waived) of violation of Penal Code, section 459 (burglary) and sentence granting probation, defendant appeals from the judgment of conviction and sentence. Questions Presented 1. Was search of defendant’s premises illegal because no Dorado warning was given ? 2. Was force and coercion used to obtain defendant’s permission to search her premi...
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— The defendant was charged in an amended information with two crimes and a prior conviction; count one accused him of violating section 593c of the Penal Code in that he maliciously interfered “with a Meter used in connection with a pipe or main maintained by proper authority for the purpose of transporting gas approximately Three (3) Miles South of Rio Vista Bridge” in Sacramento County; coun...
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The City and County of San Francisco (hereafter city) appeals from a judgment rendered on a jury verdict in favor of plaintiff for damages for personal injuries sustained as the result of a fall caused by a defective sidewalk. The city contends that the trial court erred in: (1) the denial of a nonsuit as plaintiff misled the city about the location of the accident; (2) the admission of evidenc...
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Plaintiff, a licensed real estate broker, sued to recover commissions from two parties, Theodore T. Brown and Rexford Park Apartments. Rexford’s demurrer to first amended complaint was sustained without leave to amend Plaintiff appeals from order of dismissal entered under section 581 subdivision 3, Code of Civil Procedure. Brown is not a party to this appeal. Defendant Brown, who owned two hou...
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Defendant Horace Sonny Lewis and Carolyn E. Lewis, his wife, were accused in count 1 of murder, and in count 2 of robbery. In count 3, Carolyn was accused of receiving stolen property. Defendant Horace Sonny Lewis' admitted an allegation of the information that he had been convicted previously of a felony (armed robbery, in Michigan). The defendants pleaded not guilty. During a jury trial, Caroly...
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This is an appeal from a judgment rendered in an action seeking declaratory relief. ’■ The plaintiffs were doing business under the fictitious name and style of Medi-Sanco and were the successors in interest and assignees of a general partnership doing business under the fictitious name and style of Developments Unlimited. On December 28, 1960, the plaintiffs’ assignor, hereinafter re...
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This case is before the appellate courts for the second time. The ease involves the validity of the proceedings commenced by the city council to annex to the City of West Covina 114 acres of land contiguous thereto. The appeal involves the interpretation of the opinion of the Supreme Court (60 Cal.2d 516) holding those proceedings invalid in certain particulars and the correctness of the action...
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Plaintiff alleges damages caused by drinking a bottle of contaminated Coca-Cola. The beverage had been purchased from a vending machine in one of the state buildings in Sacramento. The incident, according to the complaint, had occurred in July 1961. The complaint was filed 10 months later, in May 1962. The beverage had been bottled by Coca Cola Bottling Company of Sacramento, a partnership...
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In a foreclosure of mechanics lien action, plaintiff appeals from those portions of the judgment of foreclosure denying foreclosure of 42 out of 44 lots. Questions Presented 1. Can a mechanic’s lien be foreclosed without joining parties who purchased the liened properties within 90 days of the recordation of the lien 1 2. Can a mechanic’s lien be foreclosed against partie...
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Plaintiff appeals from a judgment following the sustaining of a demurrer without leave to amend, and from an order denying his application for temporary injunction. *367The complaint, filed July 20, 1964, alleged that the defendant here, Noble, was plaintiff in action No. 121476 (the principal action) filed in the same court, seeking to recover damages from Martin, plaintiff in the present action,...
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Plaintiff appeals from judgment after jury trial in favor of defendants in an action for damages for personal injuries. Questions Presented 1. Should the issue of contributory negligence have been submitted to the jury ? 1 2. Alleged error in instructions requiring proof of relationship between, and control by, defendants. 3. Was the instruction concerning insurance proper? *371Evidence Defendant ...
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Defendant appeals from the judgment finding him guilty of second degree burglary and of two prior convictions of felony in a nonjury trial. Facts A building maintenance man, upon entering Beebe’s Drugstore in the City of Escondido at 4:30 a.m. on Monday, February 22, 1965, observed a hole in the ceiling with a metal object protruding downward through the hole; heard someone walking overhead; ...
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Gail Bauman, who was approximately three and one-half years of age at the time of her injury, and her father, Russell H. Bauman, brought suit against the defendant owners of a dog which bit Gail on the Beau jean home premises. While the pleadings and, to a certain extent, the pretrial order seem to implement issues under the old vicious animal theory and the defenses adjusted to that theory, it...
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Appellant and his codefendant Mary Duffy were convicted by a jury of violating Penal Code, section 496, *393receiving stolen property. The appeal is from the judgment and the order denying motion for a new trial. The appeal from the latter is dismissed. (Pen. Code, § 1237.) On March 28, 1963, Prentiss Green’s home was burglarized and a hi-fi set was taken. On April 20, 1963, Officers Helvin and Ke...
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Appellants Falk and Helpman were tried jointly and found guilty by a jury of robbery in the first degree (Pen. Code, § 11). Both appeals are from the judgment of conviction. On the afternoon of September 1, 1963, three men robbed the Alpha Beta Market on Lakewood Boulevard. Several witnesses, including the third robber, Patterson, testified that appellants were two of the participants in the crime...
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Appellant was convicted by a jury of violating section 11531 of the Health and Safety Code (selling marijuana). The sole question on appeal is the propriety of certain comments made by the judge to the jury during the course of their deliberation. The issues which apparently inspired the comments on the evidence made to the jury by the judge, were in respect of identification of appellant and his ...
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A jury found defendant guilty on a count charging him with possession of heroin for sale. (Health & Saf. Code, § 11500.5.) Outside of the presence of the jury defendant had admitted a conviction of murder suffered in 1950. A motion for new trial was denied, but the court reduced the offense to simple possession of heroin. (Health & Saf. Code, § 11500.) Defendant appeals. We take the statement of f...
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By an information filed on January 8, 1965, the appellant and a codefendant, Lee McMiekle, alias Craig Cannon, were charged in two counts of violations of Penal Code, section 211 (robbery), and Penal Code, section 484a, subdivision (b)(6) (unlawful use of a credit card). Both defendants were found guilty of each crime. Application for probation was denied, and defendants were sentenced to state pr...
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Plaintiff, John De Angeles (hereafter De Angeles), filed this action for breach of his contract of employment as the executive vice-president of defendants, Roos Bros., Inc. and Robert S. Atkins Company (hereafter Roos-Atkins). On this appeal from a judgment in his favor entered after a court trial, and from the order denying the motion for a new trial, the questions are: 1) the sufficiency of ...
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In May of 1958, appellant was charged with committing lewd acts upon a child in violation of section 288 of the Penal Code. Prior convictions of assault with intent to rape, a felony (Wisconsin 1934) and violation of sections 288 and 288a (California 1947) were charged and found to be true. Appellant pleaded not guilty and not guilty by reason of insanity. He waived a jury on both pleas. On his p...
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Appellant has ified an appeal from an order reinstating her probation after a dismissal of her appeal *452from the original judgment of conviction. We hold that the order is nonappealable and dismiss the appeal. In July 1964 appellant was convicted of abortion (Pen. Code, § 274). Proceedings were suspended and an order granting probation was made August 12, 1964, upon conditions, two of which were...
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This is an appeal from a judgment of the superior court entered after a minute order granting respondent’s petition for a writ of habeas corpus freeing Jackijo Miller from the custody of appellants and denying appellants’ petition for a declaration that Jackijo was aban *456 doned by respondent and is free of her custody and control. Appellants also pretend to appeal from an order denying a mot...
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This is an appeal from an injunction enjoining appellant from certain activities alleged to be in violation of sections 784 and 796.2 of the Agricultural Code of the State of California. The appeal is based on an agreed statement of facts which appears as follows: On April 13, 1965, the plaintiff, Charles Paul, as Director of Agriculture of the State of California, brought this action for civil pe...
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An application is made herein for a writ of mandate, or other appropriate writ, to require the superior court to entertain an application for the amendment of a probate claim filed by Gladys F. Orth. Mrs. Orth has also filed an action for the recovery of damages from the estate of John D. Ditto, deceased, by reason of an automobile collision, which was the source of injury and damage to Mrs. Or...
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Edward Halliday and his wife, Annette Halliday, appeal from a judgment entered pursuant to an order granting nonsuit. The appeal on behalf of their minor daughter, Janet Alice Halliday, is from a judgment entered pursuant to a defense verdict. The action stems from injuries received and expenses incurred from a fall on an apartment staircase during a fire. Mr. and Mrs. Halliday were tenant...
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National Automobile and Casualty Company appeals from an order refusing to vacate an order forfeiting bail when its principal, Langlois, failed to appear in execution of judgment. Langlois’ conviction of felony had been affirmed and December 16, 1963, had been fixed as the time for sentence. When Langlois failed to appear, his bail was ordered forfeited and a bench warrant was issued. The warrant ...
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Defendant has appealed from a judgment which sentenced him to imprisonment following his conviction by jury verdict of burglary in violation of section 459 of the Penal Code, which by stipulation, was fixed as of the second degree. He also was charged with an admitted four prior felony convictions. On his appeal he asserts the following errors: (1) the receipt of evidence of “prior convictions’...
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The People have appealed from orders of the trial court which (1) purported to vacate and set aside a prior judgment which sentenced the defendant to prison following his conviction by jury verdict of burglary in the second degree in violation of section 459 of the Penal Code and (2) thereupon granted his motion for new trial. The People contend that the trial court had no power or authority to va...
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In this action for annulment of marriage, the trial court gave judgment for plaintiff, declaring that the marriage which the parties entered into on June 9, 1950, was void by reason of an undissolved prior marriage of the defendant. The judgment also awarded custody of the three minor children of the parties to plaintiff and ordered defendant to pay child support, attorney fees, and a psychiatris...
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After an administrative hearing the Board of Barber Examiners ordered revocation of petitioner’s barbershop certificate. He sought review by mandate in the superior court and now appeals from a judgment sustaining the board’s action. Petitioner held a barbershop certificate for premises at 1129 20th Street in the City of Sacramento as well as a certificate as a journeyman barber. Following the ...
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Each of the 26 defendants was charged with a violation of sections 43.13.1 (count I) and 43.13.2 (count II) of the Los Angeles Municipal Code, sometimes called the “visiting ordinances.” On their respective motions, each of the complaints was dismissed by the Municipal Court for the Los Angeles Judicial District. The People appealed to the Appellate Department of the Superior Court for Los Ange...
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This is an appeal hy the People from an order granting a motion made pursuant to Penal Code section 995 and setting aside an information which charged defendants with possession of marijuana in violation of section 11530 of the Health and Safety Code. On March 30, 1965, there was filed in the Municipal Court of the Los Angeles Judicial District a lengthy, and unquestionably sufficient, affidavi...
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This is an appeal by the plaintiffs from a judgment denying injunctive relief to compel removal of alleged obstructions on plaintiffs’ easement, and to exclude the *541 servient owners from using the easement area as a parking lot. We affirm the judgment as entered. The easement in question was created by reservation in a deed dated December 12, 1919, from the City of Los Ange...
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Defendant appeals from a judgment of conviction after entry of a plea of guilty to the offense of violation of section 11530.5, Health and Safety Code, a lesser and included offense to the indicted charge of a violation of section 11531, Health and Safety Code. Chronologically, the pertinent procedural events were: On October 7, 1964, defendant, represented by counsel of his choice, was arraign...
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The sole question on this appeal from a conviction for possession of marijuana (Health & Saf. Code, § 11530) is whether the trial judge should have ordered the disclosure of the names of two confidential informants. The search warrant which led to the discovery of the contraband in defendant’s home and garage was issued on the basis of the information supplied by the two individuals to a deputy...
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In an indictment, defendant and a codefendant were charged in two counts with violation of section 11531 of the Health and Safety Code. Defendant was arraigned in superior court; a motion to set aside the indictment under section 995 of the Penal Code was made, continued, and later withdrawn. Defendant pled not guilty to both counts. After a trial by jury, a verdict of guilty as to count I was re...
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Defendants appeal from a judgment imposing liability for negligent misrepresentations following a non jury trial. Plaintiffs Marvin F. Tackett (Tackett) and Elizabeth S. Tackett were owners of a motel property encumbered by trust deeds. They advertised it for sale or exchange. About the same time, one Lohr furnished to defendant Croonquist, a licensed real estate broker, the description of...
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— Defendant Otis Darnell Haynes and Patricia Sue Johnston were accused in four counts of a violation of section 182 of the Penal Code (conspiracy to commit forgery), and with violations of section 470 of the Penal Code (forgery). Defendant’s motion to set aside the information under Penal Code section 995 was denied and the defendant pled not guilty to all counts. The cause came to trial on June....
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In an action entitled Lippert Inc. v. Al Rosen, number WEC 5920, pending in the respondent court, the court denied the motion of defendant Rosen for an order imposing sanctions pursuant to Code of Civil Procedure, section 2019, subdivision (g). Rosen has petitioned this court for a writ of mandate commanding the respondent court to desist from the trial of that action unti...
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A jury convicted defendant of assault by means of force likely to produce great bodily injury. (Pen. Code, § 245.) On appeal the judgment is mainly attacked on the basis that the evidence was insufficient to support the verdict. The facts are confusing and the evidence that it was defendant who committed a brutal attack on the victim, Mrs. Anderson, is admittedly circumstantial, but after a tho...
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This proceeding arises out of an action to recover damages in the amount of $200,000 for personal injuries. Petitioner here was one of the defendants named in the damage action. On March 25, 1966, the court granted plaintiff’s motion to strike said defendant’s answer and thereafter entered its default for failure to answer interrogatories, and in addition, ordered that it pay $250 to plaintiff’...
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Appeal by defendants from a judgment entered in an action upon a promissory note and cross-appeal by plaintiffs from a portion of such judgment. The evidence below discloses the following: The plaintiffs, commencing in about the year 1952, purchased, through the defendant Robert Bergman, numerous promissory notes secured by deeds of trust. Robert Bergman acted in the capacity of a broker in the...
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Following defendant’s plea of guilty to one count of a grand jury indictment charging the violation of Health and Safety Code section 11500 (possession of heroin), criminal proceedings were adjourned, defendant was found to be a drug addict and was committed by the superior court to the California Rehabilitation Center pursuant to Penal Code section 6451 (now Welf. & Inst. Code, § 3051). Subseq...
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Defendant entered a plea of guilty to a charge of robbery in the first degree. Following a waiver of the provisions of section 6452 of the Penal Code (now Welf. & Inst. Code, § 3052), proceedings were instituted under section 6451 of the Penal Code (now Welf. & Inst. Code, § 3051), and defendant was found to be a narcotic addict and was committed to the California Rehabilitation Center. He arrived...
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This is an appeal by Coronet Credit Corporation and Leslie and Ethel Cohn from the judgment entered against them and in favor of West Thrift Company, Northern California Finance Company, Harry Gross, and Leonard Gross, which judgment adjudged (1) that Coronet was entitled to no relief against West Thrift, Northern California Finance, Harry Gross, and Leonard Gross on its complaint which sought ...
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Petitioners seek a writ of mandate direct-Petitioners ing the court below to allow an amendment to a complaint for wrongful death. Petitioners, as the alleged sole heirs of Joshua Cohen, filed a complaint for wrongful death on February 10, 1964 against the Southern Pacific Company, a corporation, Southern Pacific General Hospital, Northwestern Pacific Railroad Company and fifty Does. ...
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244 Cal.App.2d 658 (1966) THE PEOPLE, Plaintiff and Respondent, v. VIRGIL LEE WILLIAMS, Defendant and Appellant. Crim. No. 11215. California Court of Appeals. Second Dist., Div. Two. Sept. 7, 1966. Jay Plotkin, under appointment by the District Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and David Gould, Deput...
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Plaintiff, a water company, seeks specific performance of a service agreement under which it claims the exclusive right to furnish water to the successive “units" of a subdivision development. The subdividers appeal from an adverse judgment. The Rosemont subdivision is situated in the unincorporated area of Sacramento County just south of Highway 50. Owner of the land was Wunderlich Develo...
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Appellant and respondents own contiguous parcels of commercial property fronting on Blackstone Avenue in the City of Fresno, respondents’ parcel bordering appellant’s property on the south. In 1908 Garabed Oroian and his wife acquired the entire property in a single 20-acre parcel described as the northwest quarter of Lot 8 of Wolters Colony. The 20-aere parcel was bordered on the west by Blacksto...
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Defendant appeals from a judgment quieting title to a limited easement for ingress and egress, and awarding compensatory damages for wrongful interference with the easement. Plaintiffs, husband and wife, owned two lots at the southwest corner of West Capitol Avenue and Sycamore Street in West Sacramento. In March 1961 they constructed a service station on the corner lot. Because the lot was not wi...
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— Los Angeles City School District and Los Angeles City High School District, defendants and cross-complainants, who assert an interest in the property which is the subject of this action as judgment creditors of Delicien P. Landier and Landier Investment Company, have appealed from a judgment and an amended judgment which decreed that title was vested in the plaintiffs hereinafter noted and th...
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This is an appeal by Paul W. Poon, the administrator of the estate of Rose Poon, from that portion of the order of the trial court denying his motion to substitute himself as plaintiff in an action brought by Rose Poon against William Poon and other named defendants. 1 This motion was made by appellant following the death of Rose Poon, which occurred during the course of trial. The s...
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This is an appeal by James F. Conley, father of James Neal Conley, a minor, from the order of the Contra Costa Superior Court, sitting as a juvenile court, sustaining the order of the traffic hearing officer finding said minor guilty of a violation of Vehicle Code section 21711. 1 The sole contention made on this appeal by appellant, who appears in propria persona, is that “there act...
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This is plaintiff’s appeal from a judgment of dismissal entered after the court had sustained a demurrer without leave to amend. As appears from the pleadings, the action arose out of the following events: *765 On May 31, 1956, plaintiff entered into a written agreement with Stewart Granger, an actor, whereby he agreed to perform in a motion picture entitled “The Whole Truth.” Con...
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The question is whether the trial court has authority to exempt an indigent plaintiff from compliance with the statutory provision for a cost bond in lawsuits against public entities. Sutter County is the defendant in a personal injury action pending in the superior court of that county. Plaintiff in the suit is Iva Higgins. Invoicing Government Code section 947, the counties served a demand up...
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This appeal from a declaratory judgment comes to us by way of an agreed statement pursuant to rule 6 (a) of the California Rules of Court. The essential facts are not in dispute. Karl Frederick, Jr. (Frederick), appellant herein, owned a 1960 half-ton pickup truck, which was licensed as a eommer*778cial vehicle but which he used for personal purposes. He owned no other vehicle. He testified that t...
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As a consequence of activity on three different occasions Logan was convicted of first degree robbery (Pen. Code, §§ 211, 211a), attempted robbery (Pen. Code, §§ 211, 664), and four counts of assault with intent to murder (Pen. Code, § 217). From a sentence to consecutive terms on all counts, he has appealed. 1. Gerald Ferguson, a bar owner, was held up by Logan and two other men on December 30...
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Consolidated appeals from orders made after final judgment in an action for divorce. On May 8, 1952, an interlocutory decree of divorce was granted to the wife (respondent here) upon her cross-complaint. This decree has become a final judgment. The interlocutory decree of divorce approved and ineorpo*801rated, within its provisions, in haec verba, a property settlement agreement entered into betwe...
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This is an appeal by Occidental Life Insurance Company of California from a judgment on a group major medical expense insurance policy. Plaintiff Lester Laing sued for cash benefits under the policy as written and, alternatively, to reform the policy by deleting from it two exclusionary provisions which Occidental contended prevented recovery. 1 The first cause of action—which was ba...
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Lillie M. Boyles petitions for review of that portion of a workmen’s compensation award which denied to her reimbursement for expense of self-procured medical treatment and attendant transportation. Petitioner, a cook by occupation, sustained an industrial injury to her neck and back as a result of a fall on March 15, 1965. Respondent, the employer’s insurer, assumed liability and provided medical...
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In this declaratory relief action plaintiff St. Paul Fire & Marine Insurance Company is a truck liability insurer which seeks to impose coverage on two other truck insurance carriers under the “loading and unloading” clauses of the others’ policies. The suit was submitted for decision on an agreed statement of facts supplemented by additional evidence. There is no factual dispute. The arra...
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This is an appeal from a judgment after verdict awarding respondents a total of $2,650 for damages arising from an automobile collision. The appeal is grounded upon alleged errors in instructing the jury relative to the intersection at which the collision took place and the denial of the right of appellants’ counsel to argue certain matters in closing argument. ■ The accident occurred at or nea...
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Appeal by the defendants and cross-appeal by plaintiff from a judgment for damages for violation of a right under a written license agreement to occupy real property. Plaintiff, a California corporation, for more than 20 years last past, has been engaged in the business of selling automobile supplies, accessories and other merchandise some of which is heavy, and some of which is bulky such...
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The sole question presented here is whether the term “uninsured motor vehicle” as used in Insurance Code section 11580.2 includes a vehicle which was insured by a company which became insolvent after the vehicle’s operator had become liable for damages for bodily injury. In this action for declaratory relief plaintiff is the insured and defendant her insurer under a policy of automobile in...
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This is an original application to compel the City Council of Maywood and the City Clerk of Maywood to call and conduct a special election for the recall of Councilman John P. Kearney and Councilwoman Maymie R. Anderson based upon two recall petitions filed on March 29, 1966. There is no disagreement as to the facts. The petitioners attempted to recall Kearney and *894 Anderso...
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The petitioner, George James Morgan, by petition for writ of habeas corpus, challenges the validity of the writ of rendition issued by the Governor of the *906 State of California ordering his arrest and extradition to Wyoming to stand trial for nonsupport of his minor child. The facts relevant to an understanding of this proceeding commence with the marriage of petitioner to Carol Ann Morgan...
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Plaintiff appeals from an order denying his motion (1) to expunge the judgment entered on October 1, 1964; (2) to enter judgment nunc pro tunc on the date of September 25, 1964; (3) to correct nunc pro tunc the order granting the motion for a stay of judgment; and (4) to vacate the “void" order granting defendants’ motion for new trial. We have reviewed the record. That portion of Appellant...
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This litigation tests the legality of two alleged joint unified school districts on the west side of Stanislaus and Merced Counties. As of March 9, 1965, the date of the first election hereinafter referred to, the school districts involved, starting at the north, were as follows: In Stanislaus County: 1) Patterson Joint Unified School District, including as components the former Patterson School D...
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The proceedings reviewed herein arise out of a stockholders’ derivative suit brought by the plaintiffs, stockholders of the defendant Jacuzzi Bros., Incorporated, on behalf of that corporation against five individuals, 1 named as directors and employees of the corporation who with their families control the majority of the shares of the corporation, and against Jacbros, S.A., Geneva,...
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A jury found defendant guilty of receiving stolen property (Pen. Code, § 496). He appeals 1 from the judgment of conviction. In the early part of 1964 Gorman Rose, who was employed as a driver of a cement mixer, accidentally met defendant with whom he had first become acquainted seven to nine years before. They stopped to talk and in the course of the conversation the subject of...
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On October 15, 1964, defendant John Davis was charged by criminal complaint with having *57 committed seven violations of Penal Code, section 146c, and seven violations of Business and Professions Code, section 17500. On November 18, 1964, defendant demurred to the complaint on the ground that none of the facts therein alleged constituted a public offense for the reason that both statutes whi...
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Defendants Peggy Rosenfield and Terry McGuire were indicted on September 24, 1964. The first three counts of the indictment accused said defendants of burglarizing the apartment of one Charles Payton, robbing Payton and assaulting him with a deadly weapon. The fourth and fifth counts of the indictment accused defendant Rosenfield of burglarizing the apartment of John Capiti and assaulting Capiti ...
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This is a suit on an insurance policy claimed to cover the accidental death of plaintiffs’ decedent, Theodore O’Doan, Jr. Mr. O’Doan suffered fatal injuries in the course of his employment as a test technician at a rocket and missile testing facility operated by Douglas Aircraft Company, Inc. Douglas Aircraft had entered into a collective bargaining agreement with a union of which 0 'Doan ...
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This is an appeal from an order, in response to a petition for instructions in a guardianship proceeding, directing payment of a “Real Estate Broker’s fee.” Appellants, Frank Prieto and Dora Joyce Prieto, are the guardians of the estate of a minor. Respondents, Ernest Dunlevie Associates and Eugene E. Therieau, are the petitioners who sought the order from which the appeal is taken. Each side to t...
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Plaintiff appeals from a judgment entered pursuant to a defense verdict in an action for damages for injuries received when he was struck by an amphibious aircraft while spearfishing. The plane was piloted by defendant Fred Pierce and owned by defendant Avalon Air Transport, Inc., a California Corporation. Since there is no question that Pierce was acting within the course and scope of his employ...
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This is an appeal from a judgment sentencing defendant to state prison after plea of guilty to one count of petty theft with a prior conviction of a felony in this state on March 29, 1963. The appellant contends that: “1. Appellant was unlearned in police psychology, police interrogation techniques, and the device of hypnosis, and fell a victim thereto. “2. The Appellant was without funds and...
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The main question presented by this appeal from a judgment determining heirship in the estate of S. Neider is whether the probate court correctly decided that the testator’s direction for an equal division of the residue constitutes a clear, unambiguous direction against proration of the federal estate tax within the meaning of section 970 of the Probate Code and that the specific legatee was exon...
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On this appeal by the Insurance Commissioner from a judgment in mandate compelling him to set *115 aside his order revoking the licenses of respondent, W. M. Ready, the following questions of law are presented: (1) the effect of the expungement of respondent’s conviction pursuant to section 1203.4 of the Penal Code; and (2) whether respondent was “convicted” within the meaning of s...
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Coffey appeals from a judgment quieting title to real property in favor of the City of Los Angeles and the County of Los Angeles. Pertinent to the cause is the following chronology: *1231937. The property in dispute, then owned by Samuel Greenlee, was deeded to the State of California for nonpayment of city and county taxes. 1943. Title to the property was quieted in the state by entry of a judgme...
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Appellants Donald Smith and Wayne Bates appeal from a judgment dismissing their suit for inverse condemnation (Cal. Const., art. I, § 14) against respondent County of Santa Barbara (County) and City of Santa Maria. The judgment was entered after the court sustained respondent’s demurrer to appellants’ second amended complaint without leave to amend. There does not appear to be any ruling or jud...
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This is an appeal from a judgment of dismissal entered after an order sustaining a demurrer of respondent *135 to the cross-complaint of A. W. Brokate, 1 appellant herein. On December 16, 1964, Russell T. Swendseid, as plaintiff, filed suit against A. W. Brokate for slander. Swendseid is not a party to this appeal. Swendseid, in his complaint, alleged he is a certif...
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Appellant Russell T. Swendseid, an accountant, defendant in the action at bench, as plaintiff in a small claims action against defendant Dolores Y. Hehr, respondent and plaintiff in the superior court action at bench, claimed $150 for professional services rendered prior to July 8,1963. On July 8, 1963, after the small claims action had been on file, respondent complained against appellant...
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This isan appeal from a judgment on the verdict of a jury in a contest of a will before probate, and from the orders of the trial court denying appellants’ motions for a judgment notwithstanding the verdict and for a new trial. On July 22, 1962, John Nigro, a shoemaker by trade, signed a typewritten document, here referred to as the Will, by which he bequeathed “three separate pieces of pr...
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Defendants appeal from the judgments convicting them of possessing marijuana in violation of section 11530 of the Health and Safety Code. By way of assignment of error, each appellant contends (1) that the jury’s verdict was “contrary to the law or evidence;” (2) that the trial court erred in striking appellant Kadison’s testimony when he refused to answer a certain question during cross-examin...
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Plaintiff sued defendants in three causes of action—for fraud and deceit, breach of contract and money had and received; writ of attachment followed. Defendants moved to dissolve the same and filed with their notice of motion affidavits and certain exhibits; plaintiff filed opposing affidavits. The matter was referred to a court commissioner for findings and recommendations; based upon his find...
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Defendants Webb and Radley and eodefendant Bond were charged with receiving stolen property (Pen. Code, § 496); Bond was also charged with burglary and kidnaping. In addition, four prior felony convictions were alleged against Webb and one against Radley; defendants admitted the priors. A jury found defendants guilty as charged. Webb appeals from the judgment, sentence and order denying motion fo...
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This litigation was submitted to the trial court, sitting without a jury, upon the following facts offered by way of stipulation, the depositions of Irvin M. Ryder (hereinafter Ryder), Stanley Charles Plamowski (hereinafter Stanley), Richard Bennett Plamowski (hereinafter Richard), and certain exhibits including the public liability insurance policies issued respectively by the plaintiff and de...
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The question on this appeal is whether, as contended by the trustee and held by the court below, income received by the executor during the course of the administration of the estate and distributed to the testamentary trustee constituted income to be disbursed to the life beneficiaries by the trustee in accordance with the terms of the trust. The will contains the following provision•. "Fifth-. A...
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Defendant was charged with the crime of robbery (Pen. Code, § 211) to which he pleaded not guilty. When the case was called for trial on February 16, 1965, he changed his plea to guilty. In response to the district attorney’s questions he told the court he wished to plead guilty because he was in fact guilty, and that his counsel had advised him as to his rights and the nature of the charge and...
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In a complaint filed July 1963, plaintiff pleaded four causes of action relating to a promissory note she and her late husband had signed in 1954. The note recited a promise to pay $6,000 in installments to defendants ’ predecessor in interest, but the amount and due date of installments and the date installments were to begin had been left blank. 1 In her first three coun...
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In this wrongful death action brought by the heirs of the decedent against the State of California 1 a demurrer was sustained to an original complaint without leave to amend. The appeal is from the judgment of dismissal which followed. We explain herein our reasons for reversal but first summarize the allegations of the complaint upon which decision hinges: The complaint is in two counts but ...
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The defendant and a companion were accused in the information of burglarizing the Hornet Drive-In located at 2336 Pair Oaks Boulevard in Sacramento. The burglars entered the restaurant by forcing one of the doors during the nighttime; they stole a miscellaneous lot of personal property, including a novelty vending machine, an PM/AM radio, a public address system and amplifier, four or five pounds...
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This case involves the statutory restrictions on testamentary charitable gifts. Facts Thomas B. Reardon died April 19, 1932, leaving a will which he had executed January 6, 1930. His heirs were Mary A. Reardon, his wife; three sisters; and two children of a predeceased brother, John E. Reardon and Dorothy Reardon. A small amount of the estate was community property. The will provides that the wi...
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Plaintiff appeals from the judgments of dismissal entered in two actions which she brought against respondent Aetna Insurance Company. In each action plaintiff sought to recover under a contract of insurance issued by respondent. These actions were dismissed for want of prosecution. (Code Civ. Proc., § 583.) The judgments of dismissal were entered 4 years, 11 months and 21 days, and 4 years and 1...
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Andrew Carter appeals from a conviction for felony hit-and-run driving (Veh. Code, § 20001). Carter, turning left at an intersection, collided with a Simea automobile driven by McKinnon. The right fender of Carter’s Buick was slightly damaged, as was the front bumper of McKinnon’s Simea. Both drivers got out of their cars at the intersection, and Carter helped McKinnon pull the Simea’s bumper a...
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A jury convicted defendant of first degree robbery and he appealed. Some of defendant’s contentions clearly have no merit, while others might possibly be well taken, had a proper objection been made in the trial court. The briefs also discuss certain issues with respect to the admissibility of statements made by defendant which, upon a retrial, will presumably be resolved in the light of Miranda...
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In this divorce action, defendant husband appeals from an order, entered after final judgment of divorce, awarding as community property to plaintiff wife the balance of certain monies determined to have been community assets concealed by husband. Plaintiff and defendant were married in 1946 and separated in 1959. The present divorce action followed and after a trial an interlocutory judgm...
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These are appeals from a judgment of the superior court denying a petition for a writ of man *259 date and from a judgment declaring the rights of the parties and denying an injunction. In its first action appellant Spindler Realty Corporation (hereafter referred to as Spindler) sought a writ of mandate or writ of certiorari commanding John Monning, as general manager and supe...
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The Director of the Department of Employment of the State of California seeks a writ of mandate to compel the Superior Court of Los Angeles County to hear and decide, on its merits, his petition for a writ of mandate by which he seeks a review of a decision of the California Unemployment Insurance Appeals Board. The sole question presented is whether the director, who is the executive offi...
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The question presented is whether multiple sentencing, in violation of Penal Code section 654, may be corrected, long after the judgment has become final, upon motion made in the court which pronounced judgment. Our conclusion is that the sentencing court has no continuing jurisdiction for this purpose. The record shows that, after a jury trial, defendant was convicted in the Superior Court of ...
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This is an action to recover taxes which plaintiff paid to respondent county under protest. The taxes were levied by the respondents on certain chemical products which plaintiff contends are exempt from taxation, under the federal Constitution, as exports. The court concluded that the products had not entered the “export stream” and were not exempt from taxation. Plaintiff appeals from the judg...
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On February 6, 1961, Cora I. Grimes, William Grimes, and Gamiliel Grimes Wessell filed an action in the Superior Court of Los Angeles County against the Southern Pacific Company (hereinafter Railroad) and *306the City of Los Angeles wherein they sought damages for the alleged wrongful death of one Vernon W. Grimes (hereinafter Grimes). Cora was the surviving wife and William and Gamiliel were the ...
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Plaintiff Mannion, a doctor of medicine, sues Campbell Soup Company for breach of an oral contract of employment as medical director at Campbell’s Sacramento plant. The company had been represented by Blaine Ebert, personnel manager of the Sacramento plant, in fashioning the oral arrangement in suit. The trial court rejected the company’s contention that Dr. Mannion had been employed on a month...
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The People appeal from an order setting aside and dismissing count I of an information charging the defendants with the crime of murder (Pen. Code, § 187). The defendants were also charged with the crimes of arson (Pen. Code, § 447a) and conspiracy to commit arson (Pen. Code, *326 § 182), but the arson and conspiracy counts are not involved in this appeal. A review of the evidence, as contain...
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This is an appeal from an order modifying an interlocutory decree of divorce. The plaintiff and defendant were married on June 18, 1929. They lived together as husband and wife until December 8, 1951, at which time they separated. There were two children born the issue of the marriage. On June 2, 1953, the plaintiff filed an action for divorce in which she charged that the defendant had wrong...
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After a court trial defendant Wheeler was found guilty of a violation of Penal Code, section 464 (burglary with explosives). A motion for new trial was denied, as was probation. The record shows that originally defendant was charged jointly with one Philip W. Steward. At the time of the trial in this matter the information against Steward had been set aside after a motion under Penal Code, sect...
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The defendant appeals from the judgment which awarded plaintiff $12,228.53, and adjudicated that defendant take “nothing by reason of its counterclaim.” Defendant made a motion for a new trial which was denied. We are not persuaded that a new trial should have been granted, and are affirming the judgment. The pretrial conference order, filed November 1, 1961, set the case for trial on January 2...
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The executor in this proceeding has appealed from the order awarding to the widow of the deceased a family allowance of $200 per month for a limited period. He had opposed granting her petition on three grounds: (1) that she had been gainfully employed and was still capable of pursuing gainful employment; (2) that she *353had intentionally prevented the executor from marshaling the assets of the e...
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Viola Voorman Willett died on June 19, 1964, leaving a will executed on January 13, 1956, which provided that upon her death the residue of her estate was to be placed in trust and divided into three equal parts. Each part was to be designated by the name of one of her three children, daughters Ola, Barbara, and Audrey, each of whom was to receive the income from the part bearing her name for so l...
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This is an appeal by each of the appellants from judgments of conviction of pimping and pandering. In an information filed in Los Angeles County on January 28, 1964, defendants were charged in count I with pimping in that between November 7, 1963, and December 9, 1963, knowing Magalis Negron to be a prostitute, they lived and derived support and maintenance, in part, from her earnings in her pr...
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(Mrs. Azevedo) filed an application with respondent Industrial Accident Commission claiming work-induced injuries. After hearings, the commission, exercising jurisdiction to determine jurisdiction, made findings which included (1) a determination that Mrs. Azevedo’s complaint involved “an intentional injury by . . . [her] employer’’ Emanuel Abel, and (2) that the commission lacked jurisdiction. O...
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Defendants, husband and wife, jointly owned 50 acres of community property in Merced County. Plaintiff real estate broker had obtained listings of the property upon several occasions prior to obtaining an exclusive listing July 7, *378 1964. The “authorization to sell,” signed only by Mrs. Bettencourt, gave plaintiff an exclusive and irrevocable listing until October 7, 1964. It provided that i...
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The petitioner seeks a review and an annulment of a supplemental award of workmen’s compensation benefits made to him wherein the Industrial Accident Commission rated his permanent disability, after apportionment, at 55 percent of total permanent disability. The question presented is whether the finding that “the *382 injury caused permanent disability of 55%, after apportionment . . .’’is su...
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An intraunion controversy resulted in a judgment awarding cross-complainant John L. Miller $7,960.73 damages against the union and its officers, R. R. Richardson and Rudolph M. Moreno, for wrongfully removing him from office in the union, and punitive damages of $25 against Richardson and $50 against Moreno. The cross-defendants appeal. Miller had been elected secretary-treasurer of the union f...
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An airplane piloted by Martin Diamond and An another piloted by California Highway Patrol Officer Gary Lee Grow collided in midair; both pilots were killed instantly. The widow of each pilot, as administratrix of his estate, filed a *398 wrongful death action. The two cases were consolidated for trial; the issue of liability was tried first, resulting in jury verdicts in favor of the Estate of ...
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A startling concatenation of arson fires in and near a workingmen’s residential quarter in Bakersfield during the fall of 1965 alerted the local peace officers and the fire department to the necessity of finding the pyromaniac. After concentrated efforts, the supposed instigator was identified as a minor of the age of 16 years, who resided in the quarter. A petition was filed by Bill G. William...
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We hold in this case that the purchase by the corporation out of stated capital of the shares issued by it was not made to compromise a controversy between said corporation on the one hand and the selling shareholders on the other and was therefore unauthorized and unlawful. As we explain, the trial court erroneously interpreted the statutes authorizing such a purchase and imposing liability up...
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Plaintiffs, in these two consolidated declaratory-relief actions, were retired, at their requests, for disability from further service as members of the Fire or Police Departments of the City of Los Angeles. The plaintiffs in the *438Brooks action were retired for “service-connected” disability under section 182 of the Los Angeles City Charter; and the plaintiffs in the Schauf action were retired ...
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Plaintiff Clint Gordy brought this action for money allegedly due him under an oral contract which provided, in addition to wages, that he would receive a payment of 1 percent of a bid price submitted by his employer, YorkChieo. Johnson, Drake and Piper were prime contractors to eon *447 struct a conservation center for the State of California. The prime contractors furnished ...
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These appeals are from judgments in a personal injury action (4th Civil No. 7786) and a wrongful death action (4th Civil No. 7787) arising out of a two-car automobile collision. The accident occurred about 8:15 p.m. on August 21, 1961, at the intersection of Central Avenue and Francis Street in the unincorporated territory of San Bernardino County, between a 1949 Chrysler operated by James Seha...
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Plaintiff’s creditor’s claim against the estate of George Algie Benton, deceased, was rejected by the defendant administratrix and a subsequent suit based thereon resulted in a judgment for $4,839.99 in plaintiff’s favor. George Algie Benton, at the time of his death, was a mental patient in a state hospital; the amount of the judgment here represents unpaid charges for his care for *466 four y...
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The appeal is from an order denying the petition of Ernie I. Dulfon for issuance to him of letters testamentary pursuant to his appointment as executor by the will of his deceased wife. The conclusion we reach is that the order should be reversed. Appellant had been married to Beatrice, the deceased, five and a half years; each had issue of a previous marriage. Beatrice operated what was described...
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Defendant appeals from a conviction of assault with a deadly weapon. He was tried without a jury and probation was denied. Herewith a summary of the evidence: Laura Aguirre: This witness, the victim of the assault, observed defendant "walking down the hill on the right of me” at 10 p.m. on August 5, 1964, about a house away from where she was living. Defendant acted as if he were pi...
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The questions here are whether taxpayers who moved to California in 1950 owing the federal government personal income taxes for the years 1944, 1945 and 1946 on income from sources outside California may take deductions on their 1952,1953 and 1954 California income tax returns for the amounts paid in those years as (1) legal and accounting fees incurred in settling the back federal taxes and (2) i...
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Included in 82 and a fraction acres of defendants’ (Whitlows’) lands condemned by the state were 37.55 acres already under lease to the state. The jury found the fair market value of all land taken to be $67,110 with no severance damages to adjoining land not taken; it also found $12,034 as the value of the leasehold interests already owned by the state, leaving a net recoverable sum of $55,076...
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This is an appeal by plaintiffs Amos Y. Bowmer and his wife, Leah, who recovered a judgment in the trial court based on quantum meruit in the amount of $8,522.57 against defendant H. C. Louis, Inc. The Bowmers have appealed from the remainder of the judgment which rejected their claim of entitlement to a $30,000 interest in a trailer court. The trial court held that fraudulent misrepresentations ...
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In this opinion reversing a summary judgment for defendants, we answer affirmatively the following question: May a tortfeasor-judgment debtor be liable to the tort victim’s collision-insurer for having paid the tort victim’s full judgment without deducting the amount theretofore paid by the insurer to the victim where (a) said insurer had notified the tortfeasor, before a (compromise) judgment, o...
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Defendant was convicted by the court on three counts of bookmaking (count I—§ 337a, subd. 1, Pen. Code; count II—§ 337a, subd. 2; count III—§ 337a, subd. 4). No disposition was made of the two prior felony convictions alleged in the information. Motion for new trial and probation were denied and defendant was sentenced to 180 days in the county jail. At the same time defendant was found to be in ...
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—Testator Edward McLaughlin died on December 19, 1962. His gross estate for federal estate tax purposes was $2,575,744.43. Testator, in his will, directed: ‘1 Third: I give, devise and bequeath the sum of $40,000.00 cash lawful money of the United States, but not in excess of five (5%) per cent of the distributable assets of my estate, to Mrs. Louis E. Duit. . . .” First Western Bank and Trust Com...
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Appellant was charged with selling heroin and with the conviction of a prior narcotics offense; pleaded not guilty to the charge of selling; and denied the prior conviction. His wife, as a codefendant, was charged with another and separate sale of narcotics. Both defendants were found guilty of the offenses charged and the allegations charging defendant with a prior conviction were found to be ...
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Following a jury trial on an information charging him with a violation of section 11530 of the Health *530 and Safety Code (possession of marijuana) and one prior felony conviction for the sale of heroin (admitted prior to trial), defendant was found guilty, denied probation and sentenced to the state prison for the term prescribed by law. He now appeals, from the judgment of conviction. On N...
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This case comes before this court for hearing and decision pursuant to an order granting transfer following certification by the appellate department of the superior court that such transfer appears necessary to settle important questions of law. (Cal. Const., art. VI, § 4e; Code Civ. Proe., § 988t; and Cal. Rules of Court, rules 61-65.) The question presented is stated to be “whether Section 9...
Views: 12
The question presented is whether appellant was a “contractor” within the purview of sections 7028 and 7026 of the Business and Professions Code. Appellant was convicted in the municipal court of the charge that he did “wilfully and unlawfully engage in the business of and act in the capacity of a contractor, without then and there having a license obtained from the Contractors’ State Lice...
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The defendant appeals from an *561 order granting probation following his conviction upon the charge of possession of marijuana in violation of section 11530 of the Health and Safety Code. The defendant was charged by information filed on March 12, 1965, with the crime of possession of marijuana in violation of section 11530 of the Health and Safety Code. His motion to set aside the informati...
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The question of law presented is whether the surety of a subcontractor is liable on its bond to the general contractor’s surety (plaintiffs herein) for unpaid bills for construction materials used in a project built pursuant to the *567 federal Capehart Act where the subcontractor failed to pay for such materials. A judgment of dismissal was entered following the sustaining of...
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Jointly accused of armed robbery, Leroy Eugene Dykes, Jr., and Ruben Frank Dorrough, Jr., were tried without jury; Dorrough was acquitted; Dykes was convicted and appeals; we appointed counsel. The grounds of appeal are that the court erred in the receipt of evidence of Dykes’ silence in the face of an accusatory statement; also that it was error to receive evidence of Dykes’ withdrawn plea of ...
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Donald E. Halsted and Ann Halsted, his wife, are land owners in the Strong Ranch Slough Drainage Assessment District in Sacramento County. Believing that the board of supervisors was guilty of arbitrary action and abuse of discretion in approving an assessment against them of approximately one-fourth of the total cost of construction of the Bell Avenue bridge, under the Improvement Act of 1911 ...
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Harry Jaffe, the plaintiff herein, appeals from a judgment following a jury trial and resulting from a directed verdict as to the first cause of action of his third amended complaint and a nonsuit as to his second and third causes of action. The Jaffe case, together with two related actions, hereinafter referred to as the Gottlieb action and the Ameriean-Hawaiian action, were assigned to o...
Views: 12
Defendant burglarized an acquaintance’s house and took away an automobile and other items. He was convicted of burglary, grand theft, and petty theft.The trial court sentenced him to the terms prescribed by law for the first two offenses,felonies, and to 140 days imprisonment in the county jail for the petty theft, a misdemeaor, crediting him for this sentence with 140 days already served. He file...
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The principal question is whether there was reasonable cause for the dismissal of respondent from his position as a permanent civil service employee, a probation officer of the juvenile court. The cause for dismissal was his refusal to shave his beard on order of the chief probation officer. The chief probation officer, acting as hearing officer, decided that the charge of insubordination was s...
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J. — Plaintiff brought this action for damages against the manufacturer 1 of an aluminum alloy scaffold which was approximately ten feet in length, twenty-nine inches in width, and slightly more than seven feet in height. Each of the four legs was mounted on a locking caster wheel. The platform on the scaffold was two feet in width. While plaintiff was engaged in painting a house, he...
Views: 6
The first question presented on this appeal is whether the defendant who pleaded guilty in the municipal court to the offense of battery, a misdemeanor, and was sentenced therefor, was subject to prosecution and punishment for the crime of murder upon the victim’s subsequent death caused by the battery. If such question is resolved against the defendant, the sufficiency of the evidence to sustain...
Views: 12
In a complaint filed in the Municipal Court of the El Monte Judicial District, County of Los Angeles, appellant was charged with a violation of section 647, subdivision (f), of the Penal Code, in that he was “found in a public place, in auto and was therein willfully and unlawfully under the influence of intoxicating liquor in such a condition that he was unable to exercise care for his own saf...
Views: 18
Defendant appeals from a judgment sentencing him to state prison after he was found guilty by a jury of violation of Health and Safety Code section 11500, possession of narcotics. On May 16, 1965, a pharmacy in Madera was burglarized and certain narcotics were taken therefrom. The appellant was in the area at that time. His conviction was based on the knowing possession of these narcotics which...
Views: 12
— Respondents, plaintiffs, were awarded a decree quieting title to real property and timber growing thereon, injunction against removal of timber by appellants, and double damages for prior removal of timber. Appellants had cross-complained for damages and declaratory relief which, they had prayed, would justify their removal of timber from lands of respondents and allow further cutting and rem...
Views: 0
The defendants were tried by a jury, found guilty, and sentenced for first degree robbery. They appeal from these judgments. Appellant Washington appeals in propria persona; appellant Thomas is represented by counsel. In addition to the charge of first degree robbery, appellant Washington was charged with and admitted three prior felony convictions in Missouri, one in 1948, one in 1954, and one in...
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In this action brought by plaintiffs, Ben and Tresa D’Andrea and Philip and Florence Hughes, 1 against Joseph Welch and R. Douglas Pringle, the owner and lessee, 2 respectively, of certain lots which adjoin plaintiffs’ property on the rear, to obtain the removal of that portion of a building constructed by Pringle on Welch’s property which allegedly encroached upon plainti...
Views: 5
The question for our determination in this case is whether the surviving wife and adult son, both at all times residents and nationals of Spain, of an employee who died as a result of an industrial injury sustained in California, are entitled to an award of death benefits where said deceased employee made no contributions to their support for at least twenty years before his injury and death, ...
Views: 13
In this mandamus proceeding the essential question for determination is whether the trial court could disregard the residence of a party who had been sued by a fictitious name, and whose true name was substituted after a motion to change venue, but before the hearing thereon. We •have concluded that the court below was required to consider the residence of such party in determining the motion f...
Views: 8
On this appeal from the trial court’s order denying defendant’s petition for a writ of error coram nobis defendant contends that the trial court abused its discretion in not granting him a “full hearing” at which defendant could testify and present subpoenaed witnesses and other evidence, and that since a hearing was required and he was an indigent person, the trial court committed prejudicial ...
Views: 4
The plaintiffs have appealed from the judgment in an action for an injunction and for declaratory relief with respect to the use by the city and other defendants of a drainpipe which passes through the plaintiffs’ residential property. The judgment does not embody a declaration of the rights of the parties but merely provides that the plaintiffs take nothing by their complaint and that the defe...
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•— State Farm Mutual Automobile Insurance Company (“State Farm”) appeals from a judgment entered in conformity with an arbitration award. (Code Civ. Proc., § 1287.4.) The facts are very simple: State Farm issued an automobile liability policy to William Fisher. It contained the so-called “uninsured motorist coverage” prescribed by section 11580.2 of the Insurance Code. The arbitration agre...
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In March 1962 a criminal complaint was filed against defendant charging him in two counts with violations of section 487, Penal Code (Grand Theft). A preliminary hearing was set for March 27, 1962, at which time defendant was sworn and gave testimony regarding and admitting his participation in the crimes charged. The judge of the municipal court held defendant to answer in the superior court. On...
Views: 13
An appeal in this matter is pending before this division of this court. Defendant was found guilty of a violation of section 11500 of the Health and Safety Code (possession of heroin) on December 11, 1962. On March 26, 1964, proceedings were suspended and he was placed on probation for five years. No appeal from the order granting probation was taken. On October 28, 1965, a violation of probation...
Views: 8
Petitioner Clarence D. Cain, a prisoner at Folsom State Prison, by this petition for habeas corpus seeks to compel his return to the State of Washington, there to complete partially served Washington sentences and thus to serve his California sentences and the prior Washington sentences concurrently. Petitioner is subject to two California judgments and commitments. He is also subject to three ...
Views: 11
Defendants own two parcels of farm land, an upper, triangular parcel and a lower rectangular parcel, which are eater-cornered. Before the taking for highway purposes, the lower tip or southwest corner of the upper parcel touched the upper tip or northeast corner of the lower parcel. A county road along the easterly side of the lower parcel furnished access between the two parcels and to the out...
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Defendant school district and several public officers appeal from an injunction and judgment granting writ of mandate which prohibit the school district from contracting for janitorial services, which order reinstatement of two formerly employed school janitors, and which award back pay to them. Fads and Law on Plaintiff’s Standing to Sice Sections 3500-3509 of the Government Code...
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In these two consolidated actions the plaintiffs, who are widows of policemen or firemen, seek a declaration with respect to pension benefits under the provisions of the charter of respondent City of Los Angeles. On a prior appeal (Atwell v. City of Los Angeles, 201 Cal.App.2d 336 [20 Cal.Rptr. 462]—involving three actions, including the present two, Casey and Bowers), the judgments in the actions...
Views: 2
Plaintiff Martinez brought this action for damages against the manufacturer and bailor of a paper baler. The trial was before a jury and Martinez appeals from a judgment in favor of both defendants. Martinez was injured during the course of his employment as a baler tender by Sacramento Waste Disposal Company (hereinafter called Disposal). The machine which he was operating, a certain hydr...
Views: 9
Florence S. Preston, guardian of the estate of Susan Preston, appeals from a judgment allowing the claim of the Department of Mental Hygiene, State of California, for the maintenance and support of her ward, Susan Preston. (Hereinafter referred to as “Ward”.) The Ward, a mentally retarded child, was committed, pursuant to section 5258, Welfare and Institutions Code, to the Department of Me...
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In March 1962 plaintiffs instituted a corollary action to recover money damages against Pacific Coast Title Insurance Company in the Superior Court of the County of Riverside, and caused the bank account of the title company to be levied upon pursuant to a writ of attachment. Following the levy, defendant and an associate executed a personal undertaking and bond for release of the funds held un...
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Appellants have appealed from judgments of the superior court which set aside, vacated and dismissed alternative writs of mandate, denied their respective petitions for a peremptory writ of mandate, decreed that they take nothing by the respective parties against respondent Insurance Commissioner of the State of California in which they sought review, rescission and revocation of his order affecti...
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Plaintiff appeals from a judgment for defendant in an action on an account. Plaintiff, assignee of certain accounts receivable of Golden West Livestock Transportation Company, sued to collect $19,000 for trucking services rendered to defendant Modern-Imperial Company during November and December 1961. Modern-Imperial defended on the ground that it had *136paid Golden West, plaintiff’s assignor, in...
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Petitioner, the Mayor of the City of Los Angeles, sought a peremptory writ of mandate compelling respondent, the City Council of Los Angeles, to provide sufficient funds for the fiscal year 1963-1964 to cover the salaries of all personnel authorized in the office of’ petitioner by Ordi *140 nance Number 124,766; in the alternative, petitioner asked that the court declare that respondent was dut...
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239 Cal.App.2d 143 (1966) THE PEOPLE, Plaintiff and Respondent, v. SIDNEY CLARKE DOLLY, Defendant and Appellant. Crim. No. 10384. California Court of Appeals. Second Dist., Div. Four. Jan. 3, 1966. H. George Taylor, under appointment by the District Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Robert A. Fel...
Views: 9
239 Cal.App.2d 147 (1966) 48 Cal. Rptr. 496 HERMINA GONCALVES TEIXEIRA et al., Plaintiffs and Respondents, v. HENRIQUE SOUSA VERISSIMO et al., Defendants and Appellants. Docket No. 521. Court of Appeals of California, Fifth District. January 3, 1966. *149 Thomas F. Lopez, Lawrence W. Young and Robert L. Young for Defendants and Appellants. John H. Machado and Kenneth Machado for Plaintiffs and Re...
Views: 9
The defendants-appellants, Frank Martinez and David Martinez, appeal from the judgments entered by the court, a jury trial having been waived. By an information filed on September 22, 1964, the defendants were charged by the District Attorney of the County of Fresno with murder in violation of section 187 of the Penal Code, assault by means of force likely to produce great bodily injury in violat...
Views: 16
239 Cal.App.2d 181 (1966) 48 Cal. Rptr. 562 THE PEOPLE, Plaintiff and Respondent, v. SELMAN BRICE, Defendant and Appellant. Docket No. 4868. Court of Appeals of California, First District, Division One. January 6, 1966. *182 Winslow O. Small, under appointment by the District Court of Appeal, and Eisner & Titchell for Defendant and Appellant. Thomas C. Lynch, Attorney General, Robert R. Granu...
Views: 18
Defendant filed his notice of appeal following a judgment sentencing him to state prison upon his conviction by pleas of guilty of two counts of possession of marijuana in violation of section 11530 of the Health and Safety Code. The notice recites: “Petitioner gives notice of Appeal to the *197motion for a chance [sic] of plea from that of guilty to that of not guilty, and Notice of Appeal the se...
Views: 16
239 Cal.App.2d 206 (1966) MONARCH CABLEVISION, INC., Plaintiff and Appellant, v. CITY COUNCIL OF THE CITY OF PACIFIC GROVE, Defendant and Respondent; CENTRAL CALIFORNIA COMMUNICATIONS CORPORATION, Intervener and Respondent. Civ. No. 22481. California Court of Appeals. First Dist., Div. Three. Jan. 6, 1966 Stewart & Tuttle, William H. Tuttle and W. K. Stewart for Plaintiff and Appellant. Henr...
Views: 8
Appellant pleaded guilty to violations of Health and Safety Code sections 11501 and 11530. He was committed to the medical facility at Vacaville, for treatment as a drug addict, but was returned to court as not a proper subject for treatment. He moved for permission to change his plea to not guilty. This was denied and appellant, was committed to the state prison. He appeals. *215 Fads and D...
Views: 0
All plaintiffs are manufacturers. Virtue Bros. (Virtue), imported plywood from Finland; Clayton Manufacturing Company (Clayton), imported steel tubing from the British Isles; and Anchor Post Products, Inc. of California (Anchor), imported wire from Australia. Taxes were levied by the County of Los Angeles and the City of Los Angeles (defendants) upon the assessed valuation of full inventories o...
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This is an appeal from a judgment of burglary conviction. Defendant was tried before a jury. About 10 p.m. October 7, 1964, the burglar alarm at the Shasta Laundry sounded. William McBride, the night watchman, went to the roof of the building to await arrival of the police. When the police arrived McBride tossed the keys of the building to them and reentered the building. He was walking down a ...
Views: 0
239 Cal.App.2d 237 (1966) THE PEOPLE, Plaintiff and Respondent, v. AUBREY M. PIKE, Defendant and Appellant Crim. No. 3854. California Court of Appeals. Third Dist. Jan. 6, 1966. Vance J. Van Tassell, under appointment by the District Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, Edward A. Hinz, Jr., and Harold F. ...
Views: 4
Appeal from order denying a petition for writ of error coram nobis. In 1952 appellant was an inmate of Folsom State Prison. He was assigned to the ranch and dormitory on the prison grounds. The agricultural area at Folsom State Prison is known as Camp Represa. While so assigned appellant left without authorization. After his apprehension he was convicted of violating Penal Code section 4530, which...
Views: 0
Ynes Subia was convicted of murdering Irene Walker on a canal bank near Los Banos; the crime was adjudged to be murder in the first degree, and the defendant was sentenced to life imprisonment. Counsel for the defendant does not claim that the evidence was insufficient to justify a conviction of murder. On the contrary, his efforts are strictly confined to the contention that the trial court shou...
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Two questions are raised on this motion to recall the remittitur in the above entitled appeal. (1) Should Douglas v. California, 372 U.S. 353 [83 S.Ct. 814, 9 L.Ed.2d 811], be applied retroactively? (2) In view of the fact that the Douglas decision was filed March 18, 1963, and this petition was not filed until August 5, 1965, is it so untimely as to justify denial of relief? We answer the-...
Views: 9
Joseph F. Raney, a former probationary school teacher of the Coalinga Junior College District, was denied a writ of mandate directing respondent to reemploy him and to pay his back salary for the 1964-65 school term. The superior court found that Mr. Raney had been a probationary teacher of the Coalinga Junior College District for two previous years and was teaching for the third year when on or ...
Views: 11
239 Cal.App.2d 261 (1966) THE PEOPLE, Plaintiff and Respondent, v. ROBERT OATS, Defendant and Appellant. Crim. No. 179. California Court of Appeals. Fifth Dist. Jan. 7, 1966. Jin Ishikawa, under appointment by the District Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, Roger E. Venturi and Anthony S. Da Vigo, Deputy Attorneys General, for Plaintiff and Respo...
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239 Cal.App.2d 269 (1966) Estate of FRED C. WIEDEMANN, Deceased. CHARLOTTE L. WIEDEMANN, Petitioner and Appellant, v. HOWARD C. WIEDEMANN et al., Objectors and Respondents. Civ. No. 22800. California Court of Appeals. First Dist., Div. One. Jan. 10, 1966. Barnett & Wood, Edmund S. Barnett, and John A. Bohn, Jr., for Petitioner and Appellant. C. Wadsworth White for Objectors and Respondents. ...
Views: 7
239 Cal.App.2d 275 (1966) JOSEPH K. BORGES, Plaintiff and Appellant, v. HOME INSURANCE COMPANY et al., Defendants and Respondents. Civ. No. 28716. California Court of Appeals. Second Dist., Div. Two. Jan. 10, 1966. Joseph K. Borges, in pro. per., for Plaintiff and Appellant. Lillick, Geary, McHose & Roethke, Lawrence D. Bradley, Jr., and Thomas H. Werdel, Jr., for Defendants and Respondents....
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239 Cal.App.2d 285 (1966) 48 Cal. Rptr. 646 PETER N. ANDREWS et al., Plaintiffs and Appellants, v. JOINT CLERKS PORT LABOR RELATIONS COMMITTEE, SAN FRANCISCO et al., Defendants and Respondents. Docket No. 22504. Court of Appeals of California, First District, Division One. January 11, 1966. *287 Howard B. Crittenden, Jr., for Plaintiffs and Appellants. Richard Ernst, G.L. Munter, Jr., G.A. Laster...
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This is an appeal by the plaintiff, Mary MacColl, from a judgment of the superior court in a personal injury action in favor of defendants, entered June 27, 1963, and from an order of the superior court, entered on August 30,1963, denying plaintiff’s moton for a new trial.1 For the purposes of the present appeal, the facts leading up to the litigation may be summarized as follows: On September 5, ...
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239 Cal.App.2d 309 (1966) THE PEOPLE ex rel. DEPARTMENT OF PUBLIC WORKS, Plaintiff and Respondent, v. L. J. PRESLEY et al., Defendants and Appellants. Civ. No. 10895. California Court of Appeals. Third Dist. Jan. 11, 1966. Carr, Kennedy & Asbill and Richard J. Asbill for Defendants and Appellants. Harry S. Fenton, Holloway Jones, Jack M. Howard, John P. Horgan, William R. Edgar and Richa...
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This is an appeal from a conviction of burglary in the second degree. The scene of the crime was Suzie’s Dress Shop in Sacramento. The store was locked on the night of May 4, 1964, and was entered during the night. When one of the owners arrived at the store the next morning, she described the scene as follows: “. . . there was a lot of our merchandise which was strewn around on the sidewalk in f...
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Defendant appeals from a judgment of conviction of possessing marijuana (Health & Saf. Code, § 11530), by which he was sentenced to prison for the term prescribed by law. For more than 30 days prior to October 2, 1964, defendant had been living in the City of Garden Grove in Orange County. He was subject to the requirements of section 11850, Health and Safety Code, for a prior offense invo...
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Defendants appeal from an order granting plaintiffs a new trial. Plaintiffs Sally Arroyo and Angela French brought this action to obtain damages for personal injuries sustained in an automobile accident allegedly caused by the concurrent negligence of the employee-driver of the vehicle owned by defendant Peerless Laundry Company and Zoric Cleaners (hereafter referred to as “Peerless”) and defendan...
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Frustrated in several attempts to intervene in an action between E. Joseph Linder, as plaintiff, and Crescent Homes, as defendant, Vogue Investments Inc., the purported intervener, has filed two appeals, which were consolidated by order of this court. On June 11, 1963, plaintiff filed his first amended complaint against Crescent Homes, designated as a limited partnership, for money loaned ...
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Defendant, Liberty Mutual Insurance Company, appeals from a judgment to the effect that its policy covered the owner and the driver of a forklift as well as his employer and that, as between its policy and a policy issued by plaintiff, Pacific Indemnity Company, the former was primary and the latter excess. On August 1, 1959, Don Carr Trucking Inc., (Carr) defendant’s named insured, owned a Yal...
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Appellant was charged with two counts of selling heroin on March 15,1960, and March 24,1960, in violation of section 11501, Health and Safety Code. In a nonjury trial he was found guilty of the charge set forth in Count I. The remaining count was dismissed in the interest of justice. Probation was denied and the defendant was sentenced to the state penitentiary. An appeal by the defendant in prop...
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239 Cal.App.2d 358 (1966) THE PEOPLE, Plaintiff and Respondent, v. ANN WILSON, Defendant and Appellant. Crim. No. 10827. California Court of Appeals. Second Dist., Div. Three. Jan. 13, 1966. Erling J. Hovden, Public Defender, Richard W. Erskine, James L. McCormick, John M. Moore and Kathryn J. McDonald, Deputy Public Defenders, for Defendant and Appellant. Thomas C. Lynch, Attorney General, ...
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Defendant appeals from the judgment and order denying his motion for new trial. The grounds for the appeal are the same as those urged in People v. Wilson, ante, p. 358 [48 Cal.Rptr. 638] 2d Criminal No. 10827, decided this date. This appeal is one of a series of cases in which extensive discovery proceedings (detailed in People v. Wilson, supra) were undertaken by the defense to learn the whereab...
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— When Jane R. Wynne died at an advanced age, she left a will and two codicils, which were admitted to probate. The will was dated October 2, 1959. It recited that she was a widow; that she and her husband had never had children, and that her sole heirs were four nieces, who lived outside of California, and one nephew, Richard Ryan Reed of Los Angeles. She bequeathed the sum of $25,000 to the Trin...
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Defendant appeals from the judgment herein, which declares inter alia that he has no right, title or interest in a certain $90,000 promissory note or the deed of trust securing its payment. The facts will be stated in the light most favorable to respondents. Appellant had been a licensed real estate broker for over 15 years prior to the transaction involved herein. On September 1, 1960 he obtained...
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Plaintiff appeals from a judgment entered after nonjury trial, denying specific performance of a contract of sale of real property owned by defendant. The premises are located at 3241-43 Mission Street, San Francisco, and respondent has operated a retail merchandising business there since 1950. The evidence will be stated in the light most favorable to respondent. The contract was entered into ...
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— Arellano appeals from a conviction for possession of heroin (Health & Saf. Code, § 11500) on the ground that evidence against him was obtained by an unlawful seizure. *390 A telegraphic warrant having been received for Arellano’s arrest for violation of parole, Los Angeles police officers went to the hotel where it was rumored he was living in order to arrest him. The officers l...
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Defendant and her codefendant Beverly Blackston were charged by information with a violation of Penal Code section 273a (endangering the life or health of children). They both pled not guilty and waived trial by jury. Defendant was found guilty as charged, and Mrs. Blackston was found not guilty. After defendant was sentenced to serve one year in the county jail sentence was suspended and she was...
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The County of Alameda has appealed from an order of the superior court which vacated that portion of an order committing respondent’s daughter to the Department of Mental Hygiene for placement in Sonoma State Home as a mentally deficient person, which provided that respondent pay $20 per month to the county on account of the daughter's care, support and maintenance while she was so committed. Resp...
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239 Cal.App.2d 416 (1966) THE PEOPLE, Plaintiff and Respondent, v. JOHN CHARLES MANNING, Defendant and Appellant. Crim. No. 10767. California Court of Appeals. Second Dist., Div. Four. Jan. 18, 1966. Glory D. Coffey, under appointment by the District Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, George J. Roth a...
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On this appeal by plaintiffs from a judgment entered on a jury verdict in their favor for $1,747 property damages in excess of insurance coverage, the contentions are that the trial court erred by: 1) instructing the jury to subtract from the total damages sustained the amount of $81,633.19 received by plaintiffs from their insurer; *422 2) excluding certain evidence; 3) allowing t...
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Petitioners were indicted on counts of extortion, conspiracy to commit extortion, and conspiracy to pervert the administration of the laws. The trial judge denied their motion to set aside the indictment for lack of probable cause made pursuant to Penal Code section 995. Petitioners then filed motions under Code of Civil Procedure section 170.6 to disqualify the trial judge and these motions we...
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Christine Scott, a passenger in a Chevrolet, brought suit against the driver of a Renault, the driver of a Volkswagon, and Texaco, Inc., the owner of a tanker truck for personal injuries arising out of a multi-vehicle automobile accident. Events started when the Renault went out of control at night on the downhill curve of a two-lane transition road connecting two Los Angeles freeways, tur...
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This is an appeal from a judgment entered pursuant to an order granting the motion of defendants Nathan Fried and Evelyn Fried, individually and doing business as General Finance Company, a copartnership, for a summary judgment. On March 1, 1963, William V. Martin, as trustee for the estate of Master Tool and Die, Inc., bankrupt, instituted the action. The first two causes of action of the...
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239 Cal.App.2d 447 (1966) THOMAS F. NOONAN, Plaintiff and Appellant, v. JOHN H. ROUSSELOT et al., Defendants and Respondents. Civ. No. 28139. California Court of Appeals. Second Dist., Div. Three. Jan. 19, 1966. Phill Silver for Plaintiff and Appellant. Wright, Wright, Goldwater & Mack, Loyd Wright and Edgar R. Carver, Jr., for Defendants and Respondents. KAUS, J. This litigation is th...
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In superior court case 288718 defendant was charged with three counts of burglary (Pen. Code, § 459) and one count of forgery (Pen. Code, § 470). The information also alleges that at the time of the commission of the forgery defendant was armed with a deadly weapon, and that he had previously been convicted of burglary, a felony. Defendant pleaded not guilty and denied the allegations as to the we...
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239 Cal.App.2d 459 (1966) THE PEOPLE, Plaintiff and Respondent, v. GILBERT JOSEPH VALDEZ, Defendant and Appellant. Crim. No. 10867. California Court of Appeals. Second Dist., Div. Four. Jan. 19, 1966. David C. Marcus for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and David S. Sperber, Deputy Attorney General, for Plaintiff and Re...
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Petitioner herein filed a petition for a writ of habeas corpus. He seeks to have certain judgments and commitments under which he is confined to the state prison declared void and the sentences set aside. Since the facts as alleged in the verified petition disclosed that petitioner was improperly charged with and sentenced for the crime of escape while serving a sentence for a felony rather than ...
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Petitioner Defendant appeals from a judgment of conviction, by the court without a jury, of carrying into jail things useful to aid escape (Pen. Code, § 4535). Police arrested defendant for automobile theft and took him to the San Diego County jail. While he was being interrogated there, his clothes were searched. Two hacksaw blades were found concealed in his shoes; there was evidence defendant h...
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Plaintiffs appeal from a judgment for the defendants entered pursuant to a unanimous verdict of a jury in an action for the wrongful death of the plaintiffs’ daughter, Loretta Webb, age 17, resulting from a non-impact automobile accident. Their motion for a new trial, based primarily on insufficiency of the evidence, was denied. The defendants are Garrett Van Noort, the driver, and his mother, ...
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Plaintiff real estate broker appeals following denial of its claim for a real estate commission of $11,875 on the sale of an apartment building located on the southeast corner of Polk and Bush Streets, San Francisco. When plaintiff rested its case in chief the court, sitting without a jury, granted the respective motions of the three defendants for “ nonsuit. ’ ’ The 1961 enactment of...
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Plaintiffs, who were injured in an automobile accident for which liability is admitted by defendant Joseph P. Maciel, appeal on the grounds (1) that the judgment against him is inadequate in amount, and (2) that the judgment in favor of the other defendant is erroneous. Recitation of the facts preceding the accident is given below, but at this point the facts of the accident itself are sta...
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This is an action for damages resulting from an alleged infringement of a copyright. Plaintiffs, Mr. and Mrs. Read, are husband and wife; conceived a floor plan for a split-level, four-bedroom residence, which they contemplated building at 1705 Catalina Street in Seal Beach; and caused their plan to be expressed in a drawing. Mr. Read was a consulting engineer, building contractor and lice...
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Plaintiffs, employed as Class 8410 probation officers by the City and County of San Francisco (hereafter referred to as the “city”), brought this proceeding in mandamus to compel the city, its civil service commission, its board of supervisors and the individual members of both bodies, to reclassify plaintiffs’ positions so as to entitle them to the higher rate of compensation as established for C...
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239 Cal.App.2d 524 (1966) ANTHONY ARIANA, as Administrator With the Will Annexed, etc., et al., Plaintiffs and Appellants, v. WILLARD PARKER et al., Defendants and Respondents. Civ. No. 28358. California Court of Appeals. Second Dist., Div. Four. Jan. 21, 1966. Michael F. Dillon for Plaintiffs and Appellants. Frank J. Kanne, Jr., for Defendants and Respondents. KINGSLEY, J. This is an acti...
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239 Cal.App.2d 533 (1966) WESTINGHOUSE ELECTRIC CORPORATION, ELEVATOR CONSTRUCTION DIVISION, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION and VIRGIL C. BLANCHARD, JR., Respondents. Civ. No. 29392. California Court of Appeals. Second Dist., Div. Two. Jan. 24, 1966. Poindexter & Barger and Alfred B. Doutre for Petitioner. Everett A. Corten, Edward A. Sarkisian and Rupert A. Pedrin for Res...
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239 Cal.App.2d 538 (1966) PHILIP BENTLEY BROOKS, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Civ. No. 29878. California Court of Appeals. Second Dist., Div. Two. Jan. 24, 1966. Kenneth R. Thomas for Petitioner. No appearance for Respondent. *539 Evelle J. Younger, District Attorney, Harold J. Ackerman, Chief Deputy District Attorn...
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Appellant was convicted of involuntary manslaughter (Pen. Code, § 192, subd. 2) after trial to the court without a jury. He appeals from the judgment. On Tuesday, January 14, 1964, appellant Walls stayed home from his job because of illness. Portions of his apartment being wet from a paint job, he and his wife Ruth Marie were at the home of a Mrs. Bolton, the grandmother of Linnea Provins, the ...
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This is a condemnation action brought by the state to acquire property necessary for the Feather River Project in Butte County. On May 10, 1961, the Director of the Department of Water Resources adopted a declaration basically providing: “ [I]t is necessary to acquire in the name of the State of California title in fee simple to certain parcels of real property in the *55...
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This is an action for declaratory relief under a policy of public liability insurance. Plaintiff sues individually and as executrix of her deceased husband’s estate. The agreed facts are as follows: Bert Smith Van Lines, Inc., a corporation, hereafter referred to as the Van Co., was the owner of a certain 1962 Chevrolet 2-ton truck. William E. Weatherford and Lillian Weatherford were husband ...
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239 Cal.App.2d 572 (1966) MARCOS BARBA et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; ARROW CHEVROLET, INC., et al., Real Parties in Interest. Civ. No. 30138. California Court of Appeals. Second Dist., Div. Three. Jan. 25, 1966. Bennet Olan for Petitioners. No appearance for Respondent. Smith & Wilson and Andrew V. Smith for Real Parties in Interest. FRAMPTON...
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This is an appeal from the judgment entered upon defendant’s conviction of murder in the first degree. The jury fixed the penalty at life imprisonment. Defendant previously was tried and convicted for the same offense and given the death penalty. However, the judgment was reversed and the case remanded for a new trial by our Supreme Court in People v. Robinson, 61 Cal.2d 373 [38 Cal.Rptr. 890, 392...
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239 Cal.App.2d 590 (1966) ALHAMBRA CONSOLIDATED MINES, INC., et al., Plaintiffs and Appellants, v. ALHAMBRA SHUMWAY MINES, INC., et al., Defendants and Appellants. Civ. No. 11120. California Court of Appeals. Third Dist. Jan. 25, 1966. Erwin P. Werner and S.E. Gramer for Plaintiffs and Appellants. Robert E. Shields for Defendants and Appellants. GOOD, J. pro tem. [fn. *] Plaintiff above n...
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This is an appeal from an order directing the sale of property. The parties were formerly husband and wife but since divorced. In an interlocutory judgment directing sale of the subject property, a trailer park, they were found to be tenants in common, each owning an undivided one-half interest. As a part of its decree the court appointed a receiver to take charge of and to manage and operate t...
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239 Cal.App.2d 605 (1966) ROBERT H. McCLATCHEY, as Administrator, etc., Plaintiff and Appellant, v. WILL D. RUDD et al., Defendants and Respondents. Civ. No. 7663. California Court of Appeals. Fourth Dist., Div. One. Jan. 25, 1966. Lightner & Hilmen and John Lightner for Plaintiff and Appellant. Gray, Cary, Ames & Frye, Rudi M. Brewster, Luce, Forward, Hamilton & Scripps, Robert ...
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239 Cal.App.2d 610 (1966) ASSOCIATED CREDITORS' AGENCY, Plaintiff and Respondent, v. HALEY LAND CO., INC., Defendant, Cross-defendant and Appellant; WESLEY J. MART et al., Defendants, Cross-complainants and Respondents. Civ. No. 22387. California Court of Appeals. First Dist., Div. Three. Jan. 26, 1966. Nathan Engelberg for Defendant, Cross-defendant and Appellant. John G. Evans, Carl Anthon...
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Appellant was charged with grand theft in two counts of an information which alleges that during the two different periods of time specified therein, appellant “did willfully, unlawfully and feloniously take money of an amount in excess of two hundred and 00/100 Dollars ($200.00), lawful money of the United States, the personal property of State of California Department of Employment, ...” Appeari...
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Petition for mandate to compel a hearing on a motion for attorney’s fees, alimony and *642child support pending an appeal from an interlocutory-decree of divorce. Petitioner is the defendant and cross-complainant in an action for divorce filed against her in the respondent court by her husband, Michael L. Catalano, the real party in interest here. The petition alleges that the husband’s complaint ...
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239 Cal.App.2d 644 (1966) THE PEOPLE, Plaintiff and Respondent, v. RICHARD TOVAR, Defendant and Appellant. Crim. No. 11200. California Court of Appeals. Second Dist., Div. Four. Jan. 26, 1966. Elinor Chandler Duncan for Defendant and Appellant. Thomas C. Lynch, Attorney General, and Raymond Momboisse, Deputy Attorney General, for Plaintiff and Respondent. KINGSLEY, J. Defendant was charged...
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This appeal is from a judgment entered on a verdict awarding damages to plaintiff Donald A. Mart for personal injuries alleged to have been suffered by him through the negligence of defendants-appellants. Plaintiff-respondent was a laborer employed by M. W. Brown, a highway contractor, then engaged in building a county road in southwestern Shasta County. The work required that a seal coat of oil ...
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Plaintiff appeals from an order dismissing action for failure to serve and return summons within three years, and from an order denying issuance of alias summons, a nonappealable order under Code of Civil Procedure section 963 which may be reviewed on appeal from the judgment. (Price v. Hibbs, 225 Cal.App.2d 209, 212 [37 Cal.Rptr. 270].) Section 581a of the Code of Civil Procedure requires di...
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Defendant Standard Oil Company of California (Standard) appeals from a judgment entered upon a jury verdict in favor of plaintiff Conderback, Incorporated (Conderback) in the sum of $154,374.45 with interest and costs. The action was brought to recover the balance allegedly due on a contract for the construction, designing, maintenance and dismantling of Standard’s exhibit at the Seattle W...
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239 Cal.App.2d 692 (1966) THE PEOPLE, Plaintiff and Respondent, v. WARREN PAUL BEGHTEL, Defendant and Appellant. Crim. No. 6259. California Court of Appeals. Second Dist., Div. Two. Jan. 27, 1966. C. Donald McBride and David P. Weaver, Jr., for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Walter R. Jones, Deputy Attorney Genera...
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239 Cal.App.2d 697 (1966) THE PEOPLE, Plaintiff and Respondent, v. EMORY WOODS, Defendant and Appellant. Crim. No. 10771. California Court of Appeals. Second Dist., Div. Four. Jan. 27, 1966. Emory Woods, in pro. per., and Raymond S. Finn, under appointment by the District Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney Gen...
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239 Cal.App.2d 708 (1966) JOHN LOPEZ et al., Plaintiffs and Appellants, v. MILO V. PUZINA et al., Defendants and Respondents. Civ. No. 22478. California Court of Appeals. First Dist., Div. One. Jan. 28, 1966. John M. McKenna and George Olshausen for Plaintiffs and Appellants. Philip N. Schmidt for Defendants and Respondents. MOLINARI, J. Plaintiffs, John and Emanuela Lopez, as holders of a...
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239 Cal.App.2d 715 (1966) 49 Cal. Rptr. 85 THE PEOPLE, Plaintiff and Respondent, v. NATOLIO A. LA PELUSO, Defendant and Appellant. Docket No. 5006. Court of Appeals of California, First District, Division One. January 28, 1966. *717 Benjamin M. Davis and Paul Briefer for Defendant and Appellant. Thomas C. Lynch, Attorney General, Robert R. Granucci and John F. Kraetzer, Deputy Attorneys General, ...
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239 Cal.App.2d 732 (1966) THE PEOPLE, Plaintiff and Respondent, v. ARTHUR ZAVALA, Defendant and Appellant. Crim. No. 5054. California Court of Appeals. First Dist., Div. One. Jan. 28, 1966. Frank A. Kasama, under appointment by the District Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, Derald E. Granberg and Horace Wheatley, Deputy Attorneys General, for Pl...
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239 Cal.App.2d 748 (1966) SAM ROSEN et al., Petitioners, v. INDUSTRIAL ACCIDENT COMMISSION and JAMES LEFFEW, Respondents. Civ. No. 29622. California Court of Appeals. Second Dist., Div. Two. Jan. 28, 1966. Rose, Klein & Marias and Eugene Marias for Petitioners. Everett A. Corten, Edward A. Sarkisian, Romaine E. Harper and Harry L. Mason for Respondents. HERNDON, J. Petitioners Sam Rose...
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239 Cal.App.2d 756 (1966) PUBLIC FINANCE CORPORATION OF SANTA MONICA, Plaintiff and Respondent, v. RONALD E. SHAW, Defendant and Appellant. Civ. No. 29925. California Court of Appeals. Second Dist., Div. Two. Jan. 28, 1966. Herbert & Levine and Allan L. Levine for Defendant and Appellant. Styskal, Wiese & Colman and Alvin O. Wiese, Jr., for Plaintiff and Respondent. HERNDON, J. This case c...
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239 Cal.App.2d 762 (1966) G. B. PAGE et al., Plaintiffs and Appellants, v. BAKERSFIELD UNIFORM & TOWEL SUPPLY CO., et al., Defendants and Respondents. Civ. No. 511. California Court of Appeals. Fifth Dist. Jan. 31, 1966. Gill & Bowles and S. B. Gill for Plaintiffs and Appellants. Goldberg, Noriega & Sullivan and David F. Goldberg for Defendants and Respondents. CONLEY, P. J. Th...
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Industrial Asphalt of California, Inc., appeals from a judgment for $35,000 awarded plaintiff, Pass, as a commission claimed for services as a “finder” in the sale by Industrial of multiple assets to Southern Pacific Milling Company. In 1958 T. M. Evans owned a controlling share of the capital stock of Southern Pacific which owned asphalt, rock and other plants in Southern California. Philip E....
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These actions were consolidated for trial and both plaintiffs appeal in a consolidated appeal. Both actions were suits to collect on promissory notes made by defendant Mattison. The notes were given as partial payment for the escrowed sale of corporate stock owned by Kendall and Nathason. Baron has no interest in the note given to Kendall which was assigned to Baron for collection and reassigned t...
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Defendant was charged by information with petty theft with a prior conviction of petty theft (Pen. Code, § 666). He pleaded not guilty and admitted the prior conviction. Following a jury trial he was found guilty as charged and has appealed from the judgment. On August 4, 1964, at about 12 noon, defendant entered a Food Giant market in Canoga Park. Joseph Muscarella, a security agent employed b...
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239 Cal.App.2d 791 (1966) EMMA RUTH CRAWFORD, a Minor, etc., Plaintiff and Appellant, v. COUNTY OF SACRAMENTO, Defendant and Respondent. Civ. No. 11059. California Court of Appeals. Third Dist. Feb. 1, 1966. Colley & McGhee and Nathaniel S. Colley for Plaintiff and Appellant. McLaughlin & Russell, McLaughlin, Russell, McCarthy & Kaelin and Clifford A. Russell for Defendant and Respondent. P...
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239 Cal.App.2d 801 (1966) N. C. ROBERTS COMPANY, Plaintiff and Appellant, v. TOPAZ TRANSFORMER PRODUCTS, INC., et al., Defendants and Respondents. Civ. No. 7635. California Court of Appeals. Fourth Dist., Div. One. Feb. 1, 1966. Augustine & Bryans and Don Augustine for Plaintiffs and Appellants. Procopio, Price & Cory and John H. Barrett for Defendants and Respondents. WHELAN, J. E...
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239 Cal.App.2d 824 (1966) 49 Cal. Rptr. 153 SONORA ELEMENTARY SCHOOL DISTRICT, Plaintiff and Respondent, v. TUOLUMNE COUNTY BOARD OF EDUCATION et al., Defendants and Appellants. Docket No. 533. Court of Appeals of California, Fifth District. February 1, 1966. Scott K. Carter, District Attorney, for Defendants and Appellants. *825 Hardin & Gorgas and E.L. Gorgas for Plaintiff and Respondent. Bradf...
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The appellant was charged with two counts, the first count for violation of Penal Code section 217 in that he did wilfully, unlawfully and feloniously make an assault with a deadly weapon (a pistol) on Thelma Nickerson with intent to murder her; and the second count for violation of Penal Code section 12021 in that he had in his possession a pistol and had theretofore been convicted of a felony, t...
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Habeas corpus to review a judgment of imprisonment for contempt. We will confine this opinion to matters relating to Count III of the order to show cause for the reasons hereinafter stated. The petitioner’s principal point in attacking the validity of the judgment, as it relates to Count III, is that he was charged in a single count with three possible contempts and that by reason thereof he ...
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Petitioner seeks a writ of mandate to compel the plaintiff in the case of “Shirley Ann Chapin, now known as Shirley Ann Giumarra, plaintiff, v. Harold Earl Chapin, defendant,” (Kern County number 47649) to answer certain of defendant’s interrogatories, to compel the witness, Bob Murray, to answer questions in a deposition, and to permit petitioner and his counsel to examine books and records ...
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This is an appeal by Charles Paul, Director of Agriculture of the State of California (Director) and Philip J. Vogel, doing business as Vogel Farms (Vogel) from a judgment of the trial court ordering the issuance of a peremptory writ of mandate commanding said Director to set aside his order suspending the processor’s license of Alma-den-Santa Clara Vineyards, a corporation doing business as Alma...
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This action instituted by Bernard Potter, Sr., seeks judgment removing defendant John Moran as trustee of two testamentary trusts, annulment of orders approving certain accounts of the trustee which awarded fees to the trustee and his attorneys, and ordering the restoration of the same to the trusts. At the conclusion of plaintiff’s evidence findings and judgment were in favor of defendants, an...
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Defendant bases his appeal from the judgment on the grounds that the court did not *883 fulfill its duty when it sentenced the defendant to state prison instead of committing him to the state hospital pursuant to sections 5512 and 5518 of the Welfare and Institutions Code; and that such commitment to prison without treatment of a mentally disordered sex offender inflicts cruel and ...
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The appeal is from a judgment for defendant sustaining defendant’s withdrawal of a summary “injury leave” award to plaintiff, a police officer, following a heart attack suffered by him while engaged in an investigation in his line of duty. Appellant, an officer with the San Diego police department, was engaged in the investigation of an alleged offense by a brother officer. While allegedly running...
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Plaintiff appeals from an adverse judgment in his declaratory relief action. Plaintiff became a general agent of defendant in 1955. Previously, he had been an agent of another general agent of defendant since April 15, 1949. On July 26, 1955, the parties entered into a written “Organization Allowance Agreement” (O.A.A.) which provided in part as follows: “To assist second party in developing and m...
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Plaintiff appeals from a judgment entered on a jury verdict awarding her damages in the sum of $30. She claims that the award is inadequate as a matter of law. The litigation was the result of an accident which occurred on April 23, 1962, when plaintiff’s car did not pull away from an intersection as fast as defendant, who had stopped behind her, thought it would. There was a collision, either neg...
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By information defendant was charged with possession of marijuana on June 24, 1964. A jury found him guilty as charged, probation was denied and he was sentenced to state prison. This appeal followed. Defendant attacks the sufficiency of the evidence and claims prejudicial error in the refusal of the trial court to give certain instructions requested by him. The facts of the case are unusual. On J...
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The only substantial question raised in these proceedings to review an award of the Industrial Accident Commission in favor of applicant is whether the provisions of subdivisions (b) and (c) of Labor Code section 5405 1 apply to bar the application. We hold that in unambiguous language they do. This is a case of first impression under the workmen’s compensation provisions of the Labo...
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239 Cal.App.2d 925 (1966) J. W. MARTIN, JR., Plaintiff and Respondent, v. CULVER ENTERPRISES, INC., et al., Defendants and Appellants. Civ. No. 7652. California Court of Appeals. Fourth Dist., Div. One. Feb. 4, 1966. Yale, Wilson, Summers & Yale and William A. Yale for Defendants and Appellants. *927 Ewing & McKee and Richard A. McKee for Plaintiff and Respondent. COUGHLIN, J. Plaintiff, a...
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239 Cal.App.2d 931 (1966) CLARENCE PRINCE SPARKS, Plaintiff and Appellant, v. PAUL DAVID BLEDSAW et al., Defendants and Respondents. Civ. No. 501. California Court of Appeals. Fifth Dist. Feb. 4, 1966. Kane & Canelo, Thomas J. Kane, Jr., and Robert Deabenderfer for Plaintiff and Appellant. *933 Jack B. Lamb for Defendants and Respondents. BROWN (R.M.), J. Plaintiff appeals from an adverse ...
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A tractor owned by one party and a trailer owned by another were used in combination as a hauling unit, but the liability insurance policies of the separate owners were neither combined nor correlated. This declaratory relief action between the two insurers resulted when the unit caused bodily injury. Plaintiff Bigge, a common carrier, owned a commercial trailer. Coplaintiff Transport Indemnity in...
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Ford was convicted in Los Angeles of possession of heroin (Health & Saf. Code, § 11500) on Janu *945 ary 30, 1962. Proceedings were suspended, and probation was granted for five years on condition that the first year be spent in the county jail. On March 30, 1964, Ford pleaded guilty to a charge of second degree burglary in a Riverside court and was sentenced to prison. O...
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239 Cal.App.2d 947 (1966) FRANK C. MORALES, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent. Civ. No. 30106. California Court of Appeals. Second Dist., Div. Three. Feb. 7, 1966. Frank C. Morales, in pro. per., for Petitioner. Harold W. Kennedy, County Counsel, and William F. Stewart, Deputy County Counsel, for Respondent. *948 KAUS, J. Petitioner seeks a writ of certior...
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Defendant appeals from the judgment and order denying his motion for a new trial. After conviction, criminal proceedings were adjourned and the defendant was committed to the California Rehabilitation Center. No judgment was pronounced. The grounds for appeal are the same as those urged in People v. Wilson, ante, p. 358 [48 Cal.Rptr. 638] 2d Criminal No. 10827, decided this date. This appeal is on...
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On this appeal by the State from adverse judgments in these consolidated actions to forfeit defendant gill nets, 1 the only question is whether the trial court properly concluded that interveners and respondents Grover Reed and Dewey George (hereafter interveners) are exempt from the provisions of the Fish and Game Code pursuant to section 12300 of that code. 2 The basic...
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Plaintiffs and respondents, Bud Klein, Louis Mersaroli and Reginald Mersaroli, joint venturers engaged in tomato growing, recovered damages in the sum of $14,439.32 against Associated Farm Supplies, a corporation, for breach of warranty in the sale of tomato seed in 1962. Associated, the immediate supplier, on its cross-complaint recovered judgment against its supplier of the seed, Ranch ...
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A money judgment for plaintiff (on his complaint for an accounting and dissolution of a partnership at will) also permanently enjoined him (under defendants’ cross-complaint) from using the firm name of “Lyon & Lyon” in the practice of law and representing that he is now a partner thereof or in any way connected therewith. He appeals from that portion of the judgment based upon the t...
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Plaintiff, O’Neil A. Gherna, appeals from a judgment of nonsuit entered at the close of the presentation of his evidence in an action for negligence and breach of warranty in causing a fire of unknown origin in the engine compartment of a 1957 Thunderbird automobile manufactured by defendant, Ford Motor Company (hereafter Ford), and sold to plaintiff by defendant, Harvey M. Harper Company (here...
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The appeal is from a conviction of first degree murder. The contentions ably presented will be discussed under captions below. One question is whether a visit to and search of defendant’s apartment was made with defendant’s knowledgeable consent. Credible, substantial testimony by the police officers involved would have justified the jury in finding that it was. Before incriminating evidence wa...
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This is an action for damages for breach of an agreement relating to a private railway crossing. After a court trial judgment was for plaintiff, from which defendant is appealing. Defendant James Stewart Company (hereinafter called Stewart), a building contractor, was engaged in a construction job on a site adjacent to the plaintiff railway’s line in Bose Canyon, north of San Diego. In ord...
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This is an appeal from a summary judgment in favor of defendants. In August or September of 1961 defendant Galen, who is the president of defendant Trans-World Financial Company (“Trans-World”), purchased either for himself or on behalf of Trans-World 95 percent of the capital stock of Claremont Building and Loan Association (“Claremont”). On March 16,1962, plaintiff filed his first action...
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This is an appeal from a judgment of the superior court refusing to grant the petition of appellant for a writ restraining the municipal court from proceeding with the prosecution of appellant upon a charge of involuntary manslaughter. The writ of prohibition was sought upon the ground that appellant had suffered punishment for the offense of refusing to yield the right-of-way to a pedestrian i...
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Plaintiff has appealed from an adverse judgment in an action in which it sought a declaration that its policy issued to the corporate defendant did not cover a claim of the individual defendant for damages for personal injuries allegedly suffered as the result of physical contact of a “hit-and-run” automobile with the automobile of his employer, the policyholder, which the employee was occupyin...
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Plaintiff-respondent brought an action against defendant-appellant for the conversion of a 1960 Buick automobile. The defendant filed a cross-complaint to quiet title in itself to the automobile. Plaintiff had judgment in the sum of $4,109.98 on its complaint and judgment on the cross-complaint. The defendant appeals from the judgment and from an order denying its motion for a new trial. The order...
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Respondent Charles R. Loveland was appointed by the superior court in August 1961 as receiver for the insolvent Kirk interests. He filed a receiver’s cash bond of $10,000. During the receivership the United States of America and State of California Department of Employment filed with that court proof of claims against the insolvent and the receiver amounting to about $53,000 for taxes and unemploy...
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