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All Reporters → cal-app-lexis → Volume 1968

Opinions in cal-app-lexis Volume 1968

Respondents Lopez, Marquez, Rodriguez and Ortega were charged with possession of heroin. At the conclusion of the preliminary examination the magistrate held them to answer. Their subsequent motion to set aside the information under Penal Code section 995 was granted. The People have appealed from this order. We have concluded that the order must be reversed. The evidence presented to the committ...
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On March 3, 1967, at approximately 2:45 a.m., petitioner was arrested on a charge of operating a motor vehicle on a public highway while under the influence of intoxicating liquor. Immediately prior to the arrest, two California Highway Patrol officers observed petitioner driving *3 erratically. His car was weaving and crossed the center line of the roadway on several occasions. After being sto...
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Writ of prohibition must be granted against further action in an attempted mandamus proceeding in the superior court against the Department of Alcoholic Beverage Control. Section 23090.5 of the Business and Professions Code provides that no court of the state except the *8 Supreme Court and the Courts of Appeal shall have jurisdiction to review, affirm, reverse, correct or annul an...
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Plaintiffs appeal from a judgment of dismissal of their action for declaratory relief against the City of Santa Barbara, the members of the city council of that city and the members of the Off-Street Parking Commission. By their action plaintiffs seek to have declared invalid and unconstitutional certain provisions of an assessment district off-street parking procedure ordinance passed by the c...
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This is an appeal from a judgment of conviction of robbery and assault with intent to commit robbery. In an information filed in Los Angeles on September 29, *24 1966, Ralph Davis (appellant) with Harry Princeton Henderson as a codefendant was charged in count 1 with robbing Donald Reid of certain personal property on August 8, 1966; in count 2 with robbing Oscar Bright of certain personal pr...
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This is an appeal from a judgment of conviction of robbery in the second degree. In an information filed in Los Angeles on October 13, 1967, defendant was charged with having robbed Ruth and Charles Shechtman of certain personal property on August 1, 1967, and it was further charged that at the time of the commission of the offense said defendant was armed with a deadly weapon, namely, a knife....
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A jury convicted defendant of assault with a deadly weapon (Pen. Code, § 245, subd. (a)). He is appealing from the judgment. The notice of appeal also refers to the order denying a new trial, which is not an appealable order. A brief statement of facts will present the issues. Defendant and two companions were creating a disturbance at a food market. The manager and a box boy approached them an...
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Defendant was charged by information with one count of rape, in violation of Penal Code section 261, subdivision 4; one count of robbery, in violation of Penal Code section 211; and two counts of burglary, in violation of Penal Code section 459. Defendant pleaded not guilty. After a jury trial, defendant was found guilty as charged on all four counts of the information. The trial court reduced th...
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In October 1964 a jury in Mendocino County found defendant Conley guilty of the first degree murder of Elaine McCool and her husband. Clifton MeCool. Defendant was sentenced to life imprisonment. In March 1966 *51 the judgment of conviction was reversed by the State Supreme Court. (People v. Conley, 64 Cal.2d 310 [49 Cal.Rptr. 815, 411 P.2d 911].) A second trial in Mendocino County culminated...
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Petitioner (Department) seeks a writ of prohibition directing the superior court to vacate an order staying enforcement of a liquor license suspension order issued by the Department. The following events led to the filing of the present petition: The Department, after notice and hearing, found that the Mumfords (real parties in interest herein) had violated certain provisions of the A...
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This is an appeal by the plaintiffs from a judgment in favor of the defendants and respondents L. C. Faus and Mary G. Faus and Lambert S. Whitcomb in plaintiffs’ action to quiet title to real property of three parcels of land which were formerly burdened with an easement for railroad purposes. Appellants Carl E. Millyard and Arleen E. Millyard are the owners of a parcel of land in the City...
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This is a will contest after admission of a will to probate which left the estate to strangers in blood, neighbors of the deceased. Deceased Mary Julia Collins who was purported to have executed her will on November 5, 1964, died in Los Angeles on February 16, 1966. A petition for probate of will was filed February 25, 1966. The order admitting will to probate and for letters testamentary was made...
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Cal-Nat Airways, a Grass Valley firm, supplies pilots and borate tanker planes for forest fire fighting. This review turns on the question whether the workmen’s compensation insurance policy issued to Cal-Nat Airways by Argonaut Insurance Company covered Lewis Leach, a Cal-Nat pilot, at the time he crashed and was killed. The referee found coverage, but the Workmen’s Compensation Appeals Board re...
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On September 20, 1968, this court filed its opinion (People v. Hawkins, (Cal.App.) 71 Cal.Rptr. 538) affirming the judgments herein. No petition for rehearing was filed. On November 1, 1968, appellant Hawkins filed a document in the Supreme Court of the State of California which it construed to be a petition for hearing. On November 13, 1968, the Supreme Court made its order 1 granting the ...
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On September 26, 1968, this court filed its opinion (People v. Bonville, (Cal.App.) 71 Cal.Rptr. 851), affirming the judgment herein. No petition for rehearing was filed. On October 26, 1968, appellant filed his petition for hearing in the Supreme Court of the State of California. On November 25,1968, the Supreme Court made its order 1 granting the petition for hearing, retransferring the c...
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Defendant and one Glaseo were convicted by a jury of grand theft from the person (§ 487, subd. 2, Pen. Code). Both filed notice of appeal from the judgment; the appeal of Glaseo was dismissed pursuant to rule 17a, California Rules of Court. The victim, Thomas Gallagos, Gary Williams (an .eyewitness) and Officer Rasick testified for the People. Gallagos was unable to adequately express himself, ...
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Salvador S. Alvarado was charged in three counts and Fred Gonzales Escandon in one with the sale of marijuana (§ 11531, Health & Saf. Code); Henry Gonzales Escandon was charged with possession of marijuana (§ 11531, Health & Saf. Code) and defendant, in count IV, with possession for sale of marijuana (§ 11530.5, Health & Saf. Code). A motion under section 995, Penal Code, was granted as to Fred...
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Petitioners Virgil, Hinegardner and Leggett were charged in two counts for violation of Health and Safety Code section 11530—cultivating marijuana (count 1) —and possession of marijuana (count 2). In the trial court they moved to set aside the information pursuant to Penal Code section 995 and to suppress certain evidence pursuant to Penal Code section 1538.5. Both motions were denied. We issued a...
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By proceedings originally commenced in San Diego County, Phillip Alan Schmidt and Karla Ann Schmidt, minors, were made wards of the juvenile court and placed in the foster home of Paul and Marty Gomes. Thereafter Adele George, mother of the children, moved her residence from San Diego County to Napa County; the Juvenile Court of San Diego County transferred the proceeding to the Juvenile Court ...
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Defedant appeals from a judgment entered upon a jury verdict finding him guilty of violating Penal Code section 4532, subdivision (b) (escape, or attempt to escape, by a prisoner charged with a felony). Defendant makes several assignments of error, each of which will be hereinafter discussed together with the pertinent facts, under the headings which follow the preliminary statement of facts. ...
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Complaint filed in the municipal court alleged that Pain, respondent here and petitioner below, “did maintain and commit a public nuisance by -unlawfully obstructing the free passage and use in the customary manner of a public street.” The complaint charged violation of section 370 of the Penal Code. That section, however, merely defines a public nuisance. Sanction is provided by section 372, whi...
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This is an appeal by the State Controller from an order sustaining written objections by the decedent’s executors to the inheritance tax appraiser’s report and fixing the inheritance tax payable in said matter. As will hereinafter appear, in determining the tax due it became necessary to apply the provisions of section 13441, Revenue and Taxation Code, imposing a so-called “pick-up” tax. The is...
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Defendant was charged with assault with intent to commit murder (§217, Pen. Code) and murder (§187, Pen. Code). A jury found him guilty of assaulting Jerry Spry by force likely to produce great bodily injury, a felony, a lesser but necessarily included offense than tha,t charged in count I, and not guilty of the murder of Henry *163 Williams. He appeals from the judgment and order denying motio...
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Plaintiff, owner of a life estate, brings this action against defendant, owner of a future interest as remainderman, to impress and foreclose a lien in the amount of his expenditures for permanent improvements on the subject real property. The trial court found that plaintiff was in legal possession of the residential income property at 2305 Effie Street in the City of Los Angeles (hereafter ca...
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This is an attempted appeal from an order of the superior court made October 5, 1967, insofar as it denied a petition for a decree of distribution. The notice of appeal also refers to those portions of the same order which deny without prejudice the administrator’s application for payment of attorney fees and commissions and for a discharge of the administrator and exoneration of his bond. The lat...
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This proceeding was originated in this court to review a judgment made July 18, 1968, holding petitioners in contempt upon a finding that they had violated a judgment of the superior court entered September 11, 1967. .The order which petitioners are' charged with violating had been entered pursuant to an agreement whereby the parties had settled,a civil action wherein petitioners had been plaintif...
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Plaintiff appeals from a judgment denying him specific performance of agreements that obligated defend *184 ants to sell certain shares of stock to plaintiff for a price representing fair market value to be set by plaintiff’s accountants. One hundred forty-four of the shares involved were of Coca-Cola Bottling Company of the Valley (Valley) and 36 were of I-V Properties, Inc. ...
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Charles Thomas Wright appeals from a judgment following his conviction by a jury of possessing marijuana. (Health & Saf. Code, § 11530.) About 11:15 p.m. July 3, 1967 two patrolling deputy sheriffs saw several vehicles clustered on private property in a high crime incidence area near The Bluffs at Dana Point, California. The cars were parked near the edge of a cliff overlooking the ocean. ...
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This action was brought by the Sacramento and San Joaquin Drainage District to condemn approximately 400 acres of land belonging to respondent, W. P. Roduner Cattle & Farming Co., for use in the construction of a channel known as the Eastside By-Pass. After jury trial on the issue of damages the jury awarded respondent the sum of $136,337 for the acreage taken and $79,030.50 for the severance d...
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Plaintiff appeals from a judgment quieting title in defendant to certain property located on East Vernon Avenue in the City of Los Angeles and determining that plaintiff has no interest herein either through adverse possession or otherwise; the same judgment also dissolved a preliminary injunction covering the premises. The sole question for determination is the sufficiency of the evidence to s...
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This is an appeal from a judgment of nonsuit in a personal injury damage action and an attempted appeal from an order denying a motion for a new trial. Plaintiff brought the action September 25, 1962, in Los Angeles against Los Angeles County and the respondent herein. In the complaint plaintiff alleged generally that Figueroa and Temple Streets in Los Angeles are public streets, that on S...
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The executrix of the estate of Wayne Mills herein appeals from an interlocutory judgment in which the trial court determined that a certain oil and gas lease was a valid and subsisting community oil lease and that plaintiffs continued to be entitled to the payment of oil royalties thereunder from the estate. The following findings of the court are not disputed: On or about July 24, 1940, a...
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A jury found defendant guilty of three counts of using a minor (Dennis Van Johnson) to sell heroin (§ 11502, Health & Saf. Code) and one count of possession for sale of heroin (§ 11500.5, Health & Saf. Code) and the alleged prior felony conviction (first degree burglary) to be true. He appeals from the judgment and order denying motion for new trial. The appeal from the order is dismissed. ...
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This is an appeal from an order denying a motion for a new trial. In an information filed in Los Angeles on June 6, 1967, Stephen Oollom and Bruce Oollom were jointly charged with having possessed narcotics on March 15, 1967. It was further charged that Bruce Oollom on or about July 1961 was convicted in Los Angeles of a violation of the provisions of section 11715, Health and Safety Code, and ...
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This is an appeal by the People from an order granting a motion to suppress the evidence under the provisions of section 1538.5 of the Penal Code. In an information filed in Los Angeles on April 1, 1968, defendant was charged with possessing heroin for sale on March 14, 1968. It was further charged that defendant previously had been convicted of a felony (assault by means of force likely to pro...
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268 Cal.App.2d 254 (1968) THE PEOPLE, Plaintiff and Respondent, v. NICK GREGORY BAKER et al., Defendants and Appellants. Crim. No. 13270. California Court of Appeals. Second Dist., Div. Five. Dec. 16, 1968. Donald F. Roeschke, under appointment by the Court of Appeal, Lemaire, Mohi & Morales and Frank C. Morales for Defendants and Appellants. Thomas C. Lynch, Attorney General, William E....
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Defendant was charged by information with a violation of Penal Code, section 4600, in count I (wilful and intentional destruction of property of California Rehabilitation Center) and in count II with a violation of Penal Code, section 404.6 (urging riot). After denial of his motion to set aside the information, defendant pleaded not guilty as to both counts. Defendant waived a jury trial, and t...
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The only question presented by this appeal is whether certain capital gain distributions from regulated investment companies received from 1955 to 1967 (and, therefore, not governed by the 1967 amendments to Civil Code section 730.07) should be treated as principal or income of a trust. The facts are not in dispute. The testator, Elvira Pernas, died in 1953, leaving a will that created a testament...
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Defendants appeal from a judgment decreeing specific performance of a written agreement to sell their controlling shares of stock in a closed corporation to plaintiffs, and from a post-judgment injunction. 1 They contend that: 1) the agreement enforced by the court violates the stat *283 ute of frauds; 2) plaintiffs did not exercise their preemptive rights in time;- 3) t...
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Appellant was found guilty of possession of dangerous weapons and possession of narcotics, after the ease was submitted to the trial judge on the transcript of the preliminary hearing. Appellant appeals from his sentence to the state’s prison on both counts. At approximately 8:30 or 8:45 of the evening of January 3, 1967, Officer Maltsberger, a Los Angeles County Deputy Sheriff, was on burglary...
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After a court trial, appellant was convicted of burglary in second degree. He was sentenced to state’s prison; the sentence to run concurrently with another sentence. The appeal is from this judgment. Appellant contends that the evidence was insufficient and the trial court abused its discretion in denying a motion for a new trial. Before a judgment may be reversed for insufficiency of the evid...
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Defendant was found guilty of robbery in the second degree and not to be armed, after a trial *299 by jury. He was sentenced to the state prison for the term prescribed by law. Appeal is from this judgment. The chief ground in support of the appeal is a contention that the admission into evidence of extrajudicial statements consisting of a confession and prior inconsistent statements of appella...
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This is an appeal by the People, pursuant to Penal Code section 1238, subdivision 7, from an order of dismissal of the superior court, suppressing evidence and dismissing the case wherein the defendant had been charged with violation of section 11530 of the Health and Safety Code of California, possession of marijuana. The search and seizure question was considered by the superior court on the ...
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Two separate appeals are here presented, the first by one of the original plaintiffs (Hasekian) and the second by the defendants against whom judgment was rendered. Hasekian contends that the court erred in awarding him a judgment for only $12,000, and that he should have been awarded $72,000. Defendants, on their appeal, contend that a judgment in any amount was improper under the law and the ...
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Defendant was charged with a violation of Penal Code, section 261, subdivision 3, in count I, and a violation of Penal Code, section 288a in count II. Prior convictions were alleged and admitted. . Defendant pled not guilty. Defendant was tried by a jury and found guilty on both counts. He was sentenced to state prison on each count. He filed a notice of appeal in propria persona. 1 The victi...
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Petitioner, A. R. Industries, Inc., an Ohio corporation, seeks a writ of mandate to require the Sacramento County Superior Court to quash service of summons. Service was pursuant to Code of Civil Procedure section 411, subdivision 2, upon the theory that defendant was “doing business’’ in this state. After reviewing the evidence, we have concluded that Industries’ contention that service offend...
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The defendant, James Cabrellis, appeals from his second successive conviction of the first degree robbery charged in the information. The first adverse judgment was reversed on appeal by the Court of Appeal, Third Appellate District, because of what it held to be an erroneous account in the testimony of a Sacramento police detective of a conversation with the accused. In this second trial, the pro...
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This is an appeal by plaintiff from a summary judgment in favor of defendant. The question presented is whether the trial court was justified in granting the motion of defendant for the summary judgment; and the consideration of this question turns on whether or not sections were added to the Revenue and Taxation Code 1 in violation of requirements of the Constitution of the State of...
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Plaintiff was awarded judgment of $34,000 on a verdict because of injuries to his hand which *353 were caused by the explosion of an aerosol paint can. The action was tried on the theories of strict liability and breach of warranty of fitness. Defendants at trial, against both of which judgment was rendered, were Bayview Hardware Store, which sold the can to plaintiff, and Zynolyte...
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Fibreboard Paper Products Corporation appeals from the judgment in its action to recover a refund of corporate franchise tax, contending that respondent Franchise Tax Board incorrectly treated certain items of income and expense in measuring the tax imposed upon appellant for the year 1957. The cause was submitted, and decided by the trial court, on a written stipulation of facts which inc...
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Defendant was convicted of selling (count I) and possessing (count II) heroin in violation of sections 11501 and 11500 respectively of the Health and Safety Code. After trial to the court he was sentenced to state prison on each count, the sentences to run concurrently. He appeals from the judgment on the ground that the heroin which provided the basis for the conviction for possession charged in...
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Defendant was charged by information in count I with assault with intent to commit murder, a violation of Penal Code section 217, and in count II, with assault with a deadly weapon, a violation of Penal Code section 245. *383 Defendant pleaded not guilty and waived jury trial. Defendant was found guilty of assault by means of force likely to produce great bodily injury, “a necessarily included ...
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Petitioner seeks a writ of prohibition to restrain the Superior Court of Tulare County from proceeding in the case of People v. Hacker. The petition was brought pursuant to Penal Code section 999a after the court had denied a motion under Penal Code section 995 to set aside an information charging petitioner with violation of Health and Safety Code section 11500. possession of a narcotic. The prin...
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Defendant appeals from a conviction of three counts of burglary after a trial to the court without a jury. The sole question presented by this appeal is whether, in obtaining defendant’s confession, the two police officers who questioned him violated defendant’s constitutional rights as defined by the United States Supreme Court in Miranda v. Arizona, 384 U.S. 436 [16 L.Ed.2d 694, 86 S.Ct. 1602, 1...
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Defendant has appealed from a judgment sentencing him to concurrent state prison sentences following his conviction, after trial by the court, of petty theft with a prior felony conviction (Pen. Code, §§ 667, 484, 486 and 488), and of conspiracy (Pen. Code, § 182) to violate the provisions of section 488 of the Penal Code (petty theft, see §§ 484, 486 and 488), with an admitted prior conviction...
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This is an appeal by the Director of the Department of Motor Vehicles from a judgment granting plaintiff Ralph Fankhauser a peremptory writ of mandate compelling the vacation of certain orders suspending plaintiff’s driver’s license. The record reveals that there was filed with the Department of Motor Vehicles (“Department”) a sworn declaration by a peace officer, under section 13353 of the Veh...
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Fred W. Aberle appeals from a judgment against him on respondent’s complaint for reimbursement for old age security payments made to appellant’s mother. Appellant does not assert that the decision below was contrary to California law; rather, he contends that the applicable statute is invalid in that it deprives married women of vested property rights and unconstitutionally discriminates betwe...
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Appellant and respondent (a writer) were married February 3, 1965; 10 months later they separated and on April 19, 1966, appellant wife sued respondent for divorce; there are no children the issue of the marriage. On September 6, 1966, after extended negotiations, the parties entered into an integrated property settlement agreement. After entry of default and on November 30, 1966, appellant was...
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This is an appeal from two judgments of dis■missal after orders sustaining demurrers to an amended complaint without leave to amend. In a complaint filed January 13, 1964, plaintiff brought an action against the State Bar of California, a public corporation (Hereafter referred to as State Bar and certain Does I through XXV). Plaintiff asserted that he had applied for admission to practice ...
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This is an appeal from a judgment for money on a complaint stated in common counts. Plaintiff herein filed a complaint in Los Angeles on August 3, 1965, for money. Count 1 set forth that on July 14, 1965, defendant was indebted to plaintiff on an open book account, for a balance due for merchandise in the sum of $8,192.23; count 2 set forth that there was an account stated between the *447parties ...
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This is an appeal from a judgment for defendants in a personal injury action. A résumé of some of the facts is as follows: on January 17, 1964, plaintiff was a passenger in a DC 3 certified aircraft owned by Las Vegas Hacienda, operated by Dell-Air Aviation and piloted by Robert Knapton on a trip from Burbank, California to Las Vegas, Nevada. Before taking off at Burbank the aircraft was given ...
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Paul B. Herrington and Marjorie M. Herring-ton, husband and wife and the owners of certain unimproved land in Moorpark, California, appeal from an order of the court, sitting without a jury, decreeing specific performance of an alleged agreement for the purchase and sale of a portion of the Herrington real property. *461 Appellants contend that certain provisions in the escrow ins...
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In count I defendant was charged with grand theft, auto (§ 487, Pen. Code) and count II with receiving stolen property (§496, Pen. Code); the information also alleged two prior felony convictions—robbery and escape. Prior to trial defendant admitted the truth of the second alleged prior (escape); the first was stricken. A jury found defendant guilty of receiving stolen property (count II) and not...
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This is an app'eál from a judgment of conviction of possessing heroin. In an information filed in Los Angeles on April 14, 1967, Robert Hernandez, Ruben Medina and Ramiro Muriel (the latter the appellant herein), were jointly charged with having possessed heroin on March 27, 1967. It was further charged that Medina previously had been convicted of robbery (§ 211, Pen. Code) and that Muriel prev...
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This is an appeal from a judgment of conviction of possessing marijuana. In an information filed in Los Angeles on December 26, 1967, John Carter Beal and David Kegher were charged with possessing marijuana on September 25, 1967. Defendants pleaded not guilty. By stipulation the cause was submitted on the testimony contained in the transcript of the proceedings had at the preliminary heari...
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This is an appeal from a judgment of conviction of assault with a deadly weapon with intent to commit murder. (Pen. Code, § 217.) In an information filed in Los Angeles on May 26, 1967, defendant was charged in count I with committing an assault with a deadly weapon upon Donald Johnson, on May 2, 1967, with the intent to murder the said Donald Johnson. It was further charged that at the time of...
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Petitioner herein was charged with violation of section 11530 of the Health and Safety Code. He made a timely motion under section 1538.5, Penal Code, to suppress evidence of marijuana found on his person. The testimony' discloses that petitioner was a passenger in a vehicle which was stopped for a traffic violation. (The officer could not read the rear license plate from a distance of 50 feet....
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In the Municipal Court of the Los Angeles Judicial District, appellant was charged with multiple violations of Penal Code section 311.2 which proscribes the possession of obscene matter for distribution in this state. 1 The alleged obscene material consisted of eight photographs which were purchased from appellant by an undercover agent of the Los Angeles Police Department and are the basis of ...
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On June 7,-1968, appellant was convicted of violating section 24242 of the Health and Safety Code. Defendant seeks a reversal of that conviction. We shall now examine the section in question and the facts as they were presented to this court pursuant to an engrossed statement on appeal. Section 24242, California Health and Safety Code, provides: “ A person shall not discharge into the atmospher...
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Defendant was found guilty of three counts of robbery. In view of the contentions raised on appeal the details of the crimes are unimportant. It is claimed that defendant did not intelligently waive his right to be represented by counsel and that his attempt to disqualify the trial judge under the provisions of section 170.6 of the Code of Civil Procedure should have been ruled effective. The ...
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Plaintiff Stromer appeals from an order (and modification thereof) denying plaintiff’s motion to set aside a judgment in favor of defendant. Additionally, an untimely appeal from the judgment itself is before us. Stromer now admits the notice of appeal was filed too late. That appeal must be dismissed. On a former appeal of a plaintiff’s judgment in this action this court affirmed, and th...
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This is an appeal by the executrix of the will of John Earl Shaffer, deceased, from a minute order *523 granting family allowance of $275 a month to the conservator of the person and estate of Etta D. Shaffer, the widow of the deceased. Appellant contends that the order was invalid in that no evidence was presented at the hearing of the petition for family allowance; and that the order 11 did...
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Defendant was charged with possession of heroin (§11500, Health & Saf. Code) and four prior felony convictions—two violations, Marijuana Tax Act, possession (1953) and two failure to register as narcotic violator (1957, 1961), all federal narcotic violations. The cause was submitted on the transcript of the testimony taken at the preliminary hearing. The court found him guilty as charged and tw...
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This ease deals with the several statutes relating in one way or another to the obtaining of, or the attempt to obtain, drugs by means of false prescriptions. In 1955, Business and Professions Code section 4390 was enacted. As amended in 1965 that section recites: ‘1 Every person who signs the name of another, or of a fictitious person, or falsely makes, alters, forges, utters, publishes, passe...
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Plaintiff sued for damages for personal injuries sustained in defendant’s store caused by negligence of an employee in the operation of a hand dolly. Judgment based on a jury verdict- was entered for plaintiff against defendant in the sum of $800, Thereafter on March 3, 1967, plaintiff filed notice of intenten to move for new trial. On March 22, 1967, the following minute order was entered: “Moti...
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Plaintiffs-vendees sued for damages resulting from assertedly fraudulent misrepresentations by defendant-vendor in a transaction involving the sale and removal of a house and garage. They appeal from judgment rendered in favor of defendant. Certain background facts are found in Clinton v. 4911 Van Nuys, Ltd., 212 Cal.App.2d 703 [28 Cal.Rptr. 170], decided by another d...
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Two sons of the testatrix have appealed from the portion of the judgment determining that under the provisions of the in terrorem clause of the will they were not entitled to receive the residue of the estate because each had filed a contest of the codicil to the will. A third son, born of a prior marriage, who was not mentioned by name in the will, has also appealed from that judgme...
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Plaintiff appeals from the judgment of dismissal entered upon the sustaining of defendants’ demurrer to his complaint for damages for intentional infliction of emotional distress. The demurrer was sustained without leave to amend when plaintiff indicated to the court that he was unable to more strongly plead a cause of action. *565 In the complaint plaintiff alleges that he worked, under a wr...
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This is a prosecution commenced in the municipal court upon a complaint charging that on November 20, 1967, defendant deposited petroleum products into state waters, in violation of Fish and Game Code section 5650. 1 The municipal court sustained a demurrer to the complaint *568 and dismissed the case. On the People’s appeal, the appellate department of the superior court reversed, Pursuant...
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Plaintiffs sued for damages for breach of contract ; defendant answered and counterclaimed and filed his cross-complaint for declaratory relief, foreclosure of lien and deficiency judgment. Judgment was rendered for plaintiffs on their complaint in the sum of $11,700.18 (ascertained by an accounting on the Carnation lease) and interest of 7 percent thereon from April 1, 1967, and for defendant on...
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Defendant was found guilty in a jury trial of possession of marijuana (Health & Saf. Code, §11530). The court granted her probation conditional upon the service of a three-month county jail sentence. She appeals from the order granting probation (deemed a final judgment under Penal Code, section 1237, subdvision 1.). At about 1 a.m. on June 9, 1967, officers from the Santa Barbara sheriff’...
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This action was commenced as one to foreclose a chattel mortgage on a Caterpillar Tractor which defendants had hypothecated to plaintiffs as security for the payment of all rentals and other obligations under a Machinery Lease Agreement covering three units of earth-moving equipment. However, by the time the litigation reached the trial stage, the action, without any amended or supplemental ple...
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Defendant Lisa Construction Company is a joint venture composed of codefendants Violet Estates Incorporated and Sands Homes Incorporated. Lisa was the owner of Lots 1 through 10, inclusive, of Tract 21769 in Northridge, Los Angeles County. Lisa acted as its own general contractor in developing the property, building a residence on each of the ten lots. Most of the work was done by subcontractors....
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Omar Hinojosa Nieto was convicted of possession of dangerous drugs for sale (Health & Saf. Code, § 11911), and has appealed. About 3 :30 in the morning, Officers Hernandez and Dunagan, Los Angeles police, saw a ear stopped in Breed Street, ‘ ‘ causing a traffic hazard. ’ ’ The car’s headlights were on, and its motor was running. The area was one in which drug offenses were frequently commi...
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Conviction by a jury for arson. The sole question on appeal is whether at his trial defendant was denied the right to represent himself. We hold he was not. *6 Defendant’s trial had originally been set for 18 July 1967, but because of two continuances at the request of the defendant and because of court congestion the cause was not called for trial until 24 August 1967. On the morning of the ...
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Statement of the Case On June 21, 1963, plaintiff sustained personal injuries when a 1963 Volkswagen motor vehicle overturned while it was being operated on Highway 16, near the City of Vanderhoof, in the Province of British Columbia, Canada. Plaintiff and defendant, both minors, were traveling from Alaska, en route to California at the time. Defendant was operating plaintiff’s vehicle. Plain...
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This is a proceeding in mandamus to compel *21 the school district to advance the petitioner one step on the salary schedule for each of several years and to pay petitioner additional compensation for his services rendered in such years in accordance with such advancement. The court denied the petition for a peremptory writ of mandate and the petitioner has appealed from the judgment. The fac...
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Gladys Sehlueter Ehle was adjudged to be an incompetent person on October 26, 1959. Mae Treadwell (sometimes shown as Mary Treadwell) was appointed as guardian of her person and H. Thomas Hodges was appointed and qualified as guardian of her estate. Gladys Sehlueter Ehle died testate on November 15, 1962, in the City of Santa Monica, California. The appellant was named as the sole residuary devise...
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On January 22, 1965, Economic Services Inc., d.b.a. Walker Oil Co., executed and delivered to the plaintiff a promissory note for $2,000 secured by a deed of trust on certain property. The deed of trust was properly recorded. At the time of the issuance of this note and deed of trust, this property was subject to three prior deeds of trust, an attachment lien, and a claim based on an abstracted j...
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Plaintiff appeals from a judgment against her entered upon a jury verdict in favor of defendants. Facts We summarize the facts as follows : Plaintiff, at time of trial, was about 60 years old. During her lifetime she had been subject to a congenital bone disease which rendered the bones susceptible to fracture under conditions of little or no apparent trauma. The condition was mo...
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This is an attempt by the petitioner to secure a writ of mandate compelling the real parties in interest to make discovery by answers to an interrogatory asked by the petitioner in action No. 97210 of the Kern County Superior Court in which the petitioner herein is plaintiff and the real parties in interest are defendants. In the petition for writ of mandate filed herein it is said that the act...
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The defendant, Donald Ray Hiser, a minor of the age of 19 years, was convicted by a jury of voluntary manslaughter, an offense contained within the crime of murder alleged in the indictment. The victim was a 10-month-old baby, who was the illegitimate son of Ann Huie, the companion of the defendant, sometimes referred to in the briefs as his common law wife; the record shows that, while she was i...
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This appeal from a denial of a writ of error coram nobis is without merit, both because the record in form is hopelessly deficient and because the appeal involves no point which would justify overturning the trial court’s refusal to issue the writ. Edward Lee Crouch, a criminal previously convicted in the State of Utah, was prosecuted for possession of a forbidden firearm (Pen. ...
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•Petition for mandate by Redevelopment Agency of the City and County of San Francisco, a public corporation (hereafter “Agency”) to compel respondent Kaplan, chairman of the Agency, and respondent Cooper, as Controller of said city and county, to perform certain acts in connection with the execution and issuance of tax allocation bonds by the Agency. In April 1959 the Agency adopted a plan...
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Two appeals are presented in this case by the appellant United California Bank, the first in its capacity as executor of the will of Alline Vrachliotti Lawrence, and the second as trustee of a trust created by the will of the decedent. Both appeals arise out of the same facts, and the issues in each appeal are identical. Accordingly, we treat the appeals as one, as the parties do in their briefs. ...
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Appellant, Colonial Yacht Anchorage, a California corporation, appeals from a judgment on a jury verdict of $9,150 in favor of respondent Ted Itano, and from an order denying a motion for judgment notwithstanding the verdict. Appellant operates a ship repair yard and maintains a wharf for the mooring of boats. Respondent purchased the “Rum-N-Coke,” a 48-foot commercial fishing boat, in August...
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Plaintiffs appeal from a judgment notwithstanding the verdict and from an order granting a motion for a new trial in favor of defendant Home Savings & Loan Association of Los Angeles (Home) under section 629, Code of Civil Procedure. The action in the court below was brought by uniting the separate causes of action of 29 sets of plaintiffs; the action was dismissed as to three sets; and on...
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Defendants appeal from an order denying their motion, made pursuant to section 473 of the Code of Civil Procedure, for an order vacating entry of default, and to set aside a default judgment. They also noticed a late appeal from the default judgment, which is hereby dismissed. The record consists of a settled statement and exhibits certified by the trial judge to be true, in lieu of a repo...
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Anderson M. Dawkins, administrator-with-will-annexed of the estate of Marguerite L. Dawkins (also known as Marguerite L. Carr, Marguerite L. Carrere, or Marguerite L. Clark) appeals from the order of the probate court admitting to probate the will of which he was subsequently appointed administrator.1 On January 6, 1967, Dawkins filed, as surviving spouse, a petition for letters of administration ...
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This action for declaratory relief was instituted to determine the primary liability as between the *122 Republic Indemnity Company of America (Republic), which had issued a garage owner’s liability policy to George Lech, owner of an automobile repair shop, and the Employers Liability Assurance Corporation, Ltd. (Employers), which had issued a liability insurance policy to Joseph T...
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Plaintiffs Henry J. and Zae H. Harazim, husband and wife, and Dorothy R. Duncan appeal from judgments of dismissal entered in these consolidated actions after general demurrers were sustained without leave to amend as to defendants Warren F. McLaren Applegate and George Lynam. Appellants originally filed separate complaints based on essentially similar facts against all of the same defenda...
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I concur in all except the reversal of Falcon’s conviction. I cannot see how Barrett’s mention of “his partner” could incriminate Falcon. All of the evidence showed that these rob*148beries were committed by two men working together. His saying so incriminated no one. Barrett’s confession gave no hint as to who the partner was. People v. Lara, 67 Cal.2d 365 [62 Cal.Rptr. 586, 432 P.2d 202], presen...
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This is an action for recovery of a broker’s commission. The case was tried before a jury. The jury returned a verdict in favor of plaintiff broker for $6,500 on January 17, 1967, and judgment was duly entered on January 18, 1967. On January 16, 1967, at the close of all the *150 testimony in the case and before the matter was submitted to the jury, defendants made a motion for nonsuit under se...
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Defendant was charged by information in count I with a violation of section 487, subdivision 3 of the Penal Code (grand theft of an automobile), and in count II, with a violation of section 496 of the Penal Code (receiving stolen property). Defendant pleaded not guilty and requested a jury trial. After a trial by jury, defendant was found guilty of violation of section 496 of the Penal Code, and ...
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This is a pleading case. The trial court held that the statute of limitations had barred the action against the defendant Jay F. Gamsby. The original complaint was filed before the running of the applicable statute of limitations (Code Civ. Proc., § 340, subd. 3—one year). Doe defendants were named under Code of Civil Procedure section 474, which permits unknown defendants to be sued originally...
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The appellant was charged by information in count I with the crime of violation of section 11501 of the Health and Safety Code, sale of narcotics, and in count II with the crime of violation of section 11500.5 of the Health and Safety Code, possession of narcotics for sale. A jury trial was personally waived by the appellant and joined in by counsel. Pursuant to stipulation of counsel, personal...
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Defendant appeals from the judgment of conviction ' of a violation of section 285 of the Penal Code (incest), contending he was denied a fair trial in that the trial court failed, sua sponte, to give the jury instructions to view the prosecutrix’ testimony with caution. It will serve no useful purpose to recite in detail the acts defendant perpetrated upon his 19-year-old daughter, Jean. Suffice i...
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The question in this case is whether an activity, described below, constitutes the loading of a truck. If it can be so held, an insurance policy issued by appellant Allstate Insurance Company subjects that company to liability resulting from a certain accident. Liability Under the Vehicle Policy P. E. O’Hair & Co., a corporation, has brought this action for declaratory judgment at the behest of ...
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Linton A. Carlson and his wife, prospective purchasers of real property, appeal from a judgment dismissing their complaint for specific performance of an alleged oral agreement under which they were to purchase the property from respondent. Respondent’s general demurrer attacked the second amended complaint on two grounds: the facts alleged showed the action to be barred by the statute of frauds ...
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Shelted, Inc., appeals from a default judgment entered against it in an action for unlawful detainer instituted by Crescendo Corporation. Shelted’s sole contention on appeal is that the attempted service of summons and complaint on one of Shelted’s officers was insufficient. *211 Shelted, Inc., occupied premises on Sunset Boulevard in Los Angeles, California, under a written agreement of subl...
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A jury found defendant guilty of robbery, first degree (§211, Pen. Code). Appeal is taken from the judgment. Around 9 :20 p.m. on May 19, 1967, a Negro male came into Robert’s Liquor Store, threw down a quarter and asked Abraham Weltman for a pack of gum; Weltman gave him his change and the man left. Several minutes later he returned to the store with another Negro male, identified by Weltman a...
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This is an appeal from a judgment of conviction of voluntary manslaughter (§ 192, subd. 1, Pen. Code). In an information filed in Los Angeles on October 9, 1967, James LeRoy Foust was charged with murdering Dale Keith Maupin on September 5, 1967. It was further charged that Foust had previously been convicted of a felony in Pennsylvania in 1964 and served a term therefor in prison. In the first...
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Plaintiffs, John C. Oakes and Grace Oakes, husband and wife, brought this action to recover damages resulting from earth movement underlying their lot and home in the Palos Verdes area of Los Angeles County, which they had acquired in 1956 as original purchasers in a subdivision. The action, filed on December 20, 1960, was eventually tried to a jury against the defendants, the McCarthy Com...
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This is an original petition filed in this court to require C. Seldon Morley, as Agricultural Commissioner of the County of Kern, to exhibit documents filed in his office and to require the Superior Court of Kern County to set aside an injunction heretofore granted by it in a case pending in the County of Kern entitled Atwood Aviation, Inc., a corporation; Garriott Crop Dusting Co., Inc., a corpo...
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Our first opinion in this case is reported in 253 Cal.App.2d 288. The Supreme Court had denied appellant’s petition for a hearing, but, on the ground of failure of an appointed attorney to file a brief, later directed this court to recall the remittitur, vacate its judgment, and proceed in accordance with Anders v. State of California, 386 U.S. 738 [18 L.Ed.2d 493, 87 S.Ct. 1396] and People ...
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This is an appeal from the judgment of dismissal following the granting of defendants’ motion for summary judgment. Plaintiff on this appeal claims that the trial court erred in ruling that under the facts the proceedings provided by the *286 Workmen’s Compensation Act were the sole remedy available to employee injured by a fellow employee. Decedent died from injuries rec...
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Defendants appeal from a judgment entered against them for the deficiency balance which remained after plaintiff took possession of and sold in partial satisfaction of defendants’ indebtedness, the personal property which constituted the subject matter of a conditional sales contract. Efficient Investments, Inc., Max Dillman and Joan Dillman, Ira Brummell and Rose Mary Ann Brummell, defendants and...
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Petitioner is the compensation carrier of Capitol Auto Paint Plating Co. Merced Aguilar, an employee of Capitol, filed an application before respondent board for a back injury claimed to have been incurred during and in the course and scope of his employment. An award was made for temporary disability. It directed reimbursement for self-procured medical care and for medical expenses. A petition b...
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Petition for writ of review of opinion and decision after reconsideration of respondent Workmen’s Compensation Appeals Board determining that petitioner’s industrial injury caused no permanent disability. Question Presented Was there substantial evidence in the record that petitioner had suffered a prior permanent disability ? Record On February 10, 1962, while employed by the City of Sac...
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In this habeas corpus proceeding Chester Helpman, a state prison inmate, seeks sentence credit for time served in federal prison. In March 1964 a federal court sentenced Helpman to two, three-year concurrent terms. The federal authorities then delivered him to the California authorities for trial on an armed robbery charge in Los Angeles County. A jury found *309 him. guilty a...
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This is an appeal from a judgment of conviction of forgery (§470, Pen. Code), and of receiving stolen property (§496, subd. 1, Pen. Code). In an information filed in Los Angeles County on July 27, 1967, James Eldon Campo (appellant) and Carl Lockhart were charged in count 1 with burglarizing a building on May *31413, 1967; in count 2 Campo was charged with forgery in that he did on May 13, 1967. m...
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Galfund and codefendants Usher and Cossairt were charged with possession of heroin (§ 11500, Health & Saf. Code). The cause was submitted on the transcript of the testimony taken at the preliminary hearing; the trial court found Galfund and Cossairt guilty as charged. Usher had a separate trial. Proceedings were suspended and Galfund was granted probation for three years and fined $300; only he...
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Theoplis Danny Jones appeals from his conviction by the court, sitting without a jury, of the possession of heroin for sale (Health & Saf. Code, § 11500.5) with a prior conviction of automobile theft (Veh. Code, § 10851). By stipulation the case was submitted on the transcript of the preliminary hearing supplemented by the testimony of the defendant and his wife, Janice Jones. The defendan...
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This is an appeal by M.G.S., a minor, from a judgment of the juvenile court declaring him to be a ward of the court, and from the order committing him to the youth authority. The primary contention of the appellant is that he was deprived of his constitutional right to effective aid of counsel, in that, his attorney failed to offer into evidence psychiatric reports to show that at the time of the ...
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In an unpublished opinion, this court affirmed the order of the trial court granting all defendants a new trial. Shortly thereafter,-the code provisions (Code Civ. Proc., *343 §§657, 660) governing the timeliness and contents of new trial orders were reviewed by the State Supreme Court in a trilogy of cases—Siegal v. Superior Court, 68 Cal.2d 97 [65 Cal.Rptr. ...
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Appellants initiated this wrongful death action to recover damages for the loss of their two minor sons. *356 The cause was tried by the court, who found for the respondent. Appellants appeal from the adverse judgment. Respondent, an irrigation district, organized and existing under the Irrigation District Law (division XI of the Water Code), owns and operates a network of canals for the tran...
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This is a petition for writ of mandate under section 1538.5 of the Penal Code. An officer testified that he arrived at a certain location at 10:30 a.m. after a phone call by a citizen that a man was sleeping in a car. The officer found the defendant sleeping on the front seat of a vehicle, observed no wrongdoing. He knocked on the window of the automobile and aroused the defendant and asked h...
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Defendant and Ernest King were jointly charged with murder in violation of section 187 of the Penal Code. On motion of both defendants, the cases were severed. 1 Defendant pled not guilty. After a trial by jury, he was found guilty of murder in the first degree, the jury fixing the penalty at life imprisonment. A motion for new trial was denied; probation was denied; defendant was sentenced (pu...
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Erlin-Lawler Enterprises, Inc., a California corporation, dba Bestways Market #1, Dan Erlin, and James H. Lawler, as plaintiffs, brought this action against the defendant Fire Insurance Exchange and others for the purpose of collecting fire insurance under policies covering loss by fire to the equipment and fixtures and stock in trade of the plaintiff corporation and loss from business interrup...
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This is a case involving two separate actions which were consolidated for the purposes of trial. Since in the one action (No. 856,467) Ruth Irene Brooks is plaintiff and John A. Waller, Jr. is defendant and cross-complainant, and in the other action (No. 862,256), Waller 1 is plaintiff and Brooks is defendant and cross-complainant, we shall henceforth refer to the parties by name rat...
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This appeal is from a juvenile court judgment finding that the "allegations of the petition filed October 31, 1966, are true and said petition is sustained; . . . and that minor comes within the provisions of section 600(a) of the Juvenile Court Law . . . [and] that minor is adjudged and declared a dependent child of the Court under Section 600(a) of the Juvenile Court Law; that custody of minor i...
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This case involves an appeal from a judgment of conviction of possessing for sale certain marijuana. In an information filed in Los Angeles on May 12, 1967, Thomas Charles Bryant, charged as Joe Davis was with Phyllis Landra Jackson charged with having possessed for sale marijuana on April 18, 1967. Each defendant pleaded not guilty. Each defendant was represented by separate counsel *408and in a ...
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This is an appeal from a judgment of conviction of robbery. (§ 211, Pen. Code.) ; In an. information filed in Los Angeles on November 30, 1967, Gerald Dean Wilson and Harold Goodwin were charged with taking feloniously and by means of force, certain personal property from Alfred Knuth on November 15, 1967. Each of the defendants pleaded not guilty and it was stipulated that the cause be submitted ...
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JPlaintiff appeals from judgments entered following the sustaining of general demurrers of respondent insurance companies to his first amended complaint. In the complaint plaintiff sought recovery under • a replacement cost endorsement which was added to the fire insurance policies issued to him by -respondents. 1 Plaintiff alleges in his first amended complaint that, he was the ow...
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Petition for writ of prohibition under section 999a of the Penal Code. Petitioner was charged with the murder of his father. On August 14, 1968, the superior court made and entered an order denying petitioner’s motion for a dismissal of the information under the provisions of section 995, Penal Code. Petitioner based his motion on the fact that there was no probable cause shown by the prosecu...
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This case was accepted by the Court of Appeal on certification from the superior court appellate department under rule 63, subdivision (a), California Rules of Court. The question of law as enunciated by the appellate department of the superior court is “Has the adoption of Government Code § 41803.5 in 1967 changed the rule set forth in Menveg v. Municipal Court [1964] 226 Cal.App.2d 569 [38 Cal.R...
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The plaintiff Fortunata A. Gonzales sought to quiet title as against Emmett H. Gonzales and others as to an undivided one-half interest in a parcel of real property. Emmett H. Gonzales answered and, in addition, filed a cross-complaint in which he prayed for a decree quieting title in him. He has appealed from a judgment in favor of Fortunata A. Gonzales. Sotero Gonzales was the father of the d...
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Appeal by the People from an order of Marin County Superior Court granting respondent’s petition for a writ of habeas corpus. Respondent was sentenced to state prison on January 24, 1962 by the Los Angeles Superior Court, in action No. 248795-94, hereafter “first action.” On the same date the same court, without pronouncing judgment, granted probation to respondent for a period of five years in ac...
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Appellant was found guilty of grand theft in violation of section 487, subdivision 3, of the Penal Code in a ease submitted on the testimony contained in the transcript of the preliminary hearing plus the testimony of the appellant. The facts are largely undisputed. They involve a situation wherein appellant on June 24, 1967, entered into a written contract with a car agency rental of an automobil...
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Petitioner seeks annulment of a decision of the Workmen’s Compensation Appeals Board, after reconsideration, which set aside an award issued by a referee and denied her claim for compensation. We have concluded that the decision must be annulled for failure of the appeals board to state the evidence relied upon and specify in detail the reasons for its action, as required by section 5908.5 1 of...
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Defendants John Flores, Ernest Borbon and Peter Covarrubias appeal from judgment, after jury verdicts, of conviction of violations of P'enal Code sections 207 (kidnapping) and 261, subdivision 4 (attempted rape by threats of violence. 1 *455 Questions Presented 1. Sufficiency of Evidence. 2. Do sentences on both counts constitute double punishment? Evidence At approximately 7 p....
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Plaintiff brought the present action to quiet title to 320 acres of land situated in Desert Center, Riverside County, and for damages. Defendants cross-complained for specific performance and damages demanding delivery of a deed to the north 178.46 acres of the property and reimbursement of expenditures made on plaintiff’s behalf. At trial defendants dropped their claim for damages. The tr...
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On December 20, 1967, petitioner entered a plea of guilty to count I of an information charging him with a violation of section 11530 of the Health & Safety Code (possession of marijuana) after his pretrial motion to suppress was heard and denied. *475 On January 3, 1968, petitioner’s application for probation was denied and he was sentenced to state prison. On January 11, 19...
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Plaintiff appeals from an order granting a new trial to defendant Haldeen following his conviction by a jury. Haldeen and a codefendant, Donaldson, jointly were prosecuted and tried for possession of marijuana found in an automobile owned and operated by Haldeen, in which Donaldson was a passenger. Donaldson testified; disclaimed any knowledge of the marijuana; stated his acquaintance with Hald...
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By an information filed in Riverside County on May 1, 1967, defendant was charged with a violation of Penal Code, section 211, (robbery). He was arraigned and entered a plea of not guilty. A jury was waived, and after trial by the court, defendant was found guilty as charged. A motion for a new trial was denied, probation was denied, and defendant was committed to the California Youth Authority. ...
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This is an appeal from a judgment of the Superior Court of Marin County, restraining the sheriff of that county from selling the homestead of respondents Bruce and Lucille Sehoenfeld (hereafter referred to as Schoenfeld), pursuant to a writ of execution issued upon a judgment obtained in San Francisco by appellant J. B. Norberg. Schoenfeld’s judgment perpetually enjoined Norberg from any levy upo...
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Defendant was found guilty of possession of heroin (§11500, Health & Saf. Code) ; he appeals from the judgment. On April 22, 1967, around 9 :20 a.m., Officer Nelson, traveling in a police car, observed a vehicle leave a boulevard stop at about 10 miles per hour going in the opposite direction; the passenger (defendant) fit the description of a burglary suspect. He turned around and followed the ve...
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Defendant was charged with receiving stolen property and with possession of marijuana. Trial by jury was duly waived and the case was submitted on the transcript of the testimony at the preliminary examination, together with additional testimony. Defendant was found guilty on both counts; probation was denied; defendant was sentenced to state prison on both counts, the sentences to run concurrent...
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On November 20, 1967, the district attorney of Mariposa County filed a complaint in the Justice Court of the Mariposa Judicial District charging respondent, Donald L. McKee, with murder in the first degree. At the conclusion of the preliminary hearing the magistrate ordered respondent to answer to a charge of involuntary manslaughter ; involuntary manslaughter was the only offense named in the ...
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Writ of prohibition is sought to prevent the prosecution of petitioners, who are charged with receiving stolen property. Motion to suppress evidence as having been obtained by an illegal search was made and was denied. The search was made pursuant to a search warrant which was issued upon an affidavit of a police officer. The affidavit is good in form and unassailable in substance. It reci...
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objections of Harvey T. Colby, decedent’s executor, to the inheritance tax appraiser’s report, the following is the sole issue: For inheritance tax purposes, is the wife of a mutually acknowledged child who, additionally, was adopted when over 21 years of age, the “wife ... of a son ... of the decedent” and therefore a class B transferee within the meaning of section 13308, subdivision (b) of the ...
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Plaintiff Andrews appeals from an adverse judgment in an action for personal injuries sustained when a chair in which he had just seated himself collapsed under his weight. The defendants are Barker Brothers Corporation and Virtue Brothers Manufacturing Company, a corporation. The complaint was in two causes of action; in the first it was alleged that Barker Brothers (Barker) operated a furnitu...
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Frank A. Hynum appeals from a judgment declaring his rights and those of his deceased ex-wife ’s executor in a promissory note which he had executed in favor of his then wife as part of a divorce settlement. The promissory note was in the face amount of $150,000. It provided for 2 percent interest per annum and payments of $1,050 or more per month to be increased to $1,350 or more monthly ...
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The Department of Motor Vehicles, the Division of Driver’s Licenses and Verne Orr, Director, appeal from a judgment entered August 8, 1967 granting Charles William Rust’s petition for a peremptory writ of mandamus setting aside the department’s suspension of Rust’s driver’s license for his failure to submit to one of the three tests required by Vehicle Code, section 13353. On March 31,1967, hav...
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Plaintiff, a taxpayer, appeals from a judgment denying injunctive and declaratory relief premised on the alleged invalidity of certain phases of the acquisition and operation of a transportation system by defendant, a chartered city. The ease was tried upon an agreed statement of facts dated March 22, 1967, and three amendments thereto dated, respectively, April 12, 1967, June 14, 1967, an...
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John Robert Daw was convicted after jury trial of possessing marijuana (Health & Saf. Code, §11530). He was granted probation upon conditions, and appeals from the probation order deemed a final judgment (Pen. Code, § 1237). On April 27, 1967, driver Daw and two companions were traveling east on Highway 80 near Lake Jennings Road *563 in Daw’s Volkswagen bus when its loud nois...
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William Leroy Gregg was convicted, after plea.ding guilty, of possessing heroin (Health & Saf. Code, § 11500). Gregg’s Penal Code section 1538.5 motion to suppress the heroin evidence found in his possession was denied. He purportedly appeals from this nonappealable order of denial. Gregg’s notice of appeal was filed after he changed his plea to guilty, but before judgment was rendered. We trea...
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The State appeals from an order granting respondent Pompei’s motion to dismiss (Pen. Code, §995) an indictment charging him with keeping and occupying premises for the purpose of bookmaking (Pen. Code, § 337a, subd. *583 2), recording and registering bets (Pen. Code, § 337a, subd. 4) and offering or accepting bets (Pen. Code, § 337a, subd. 6). The questions on appeal are: 1) the existence of re...
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The trial court found that defendants fraudulently induced plaintiffs to enter into an agreement for exchange of real property by gross overstatement of the income of the motel offered by defendants and by concealment of the existence of a deed of trust upon that property. This deed of trust, executed in favor of defendant husband’s brother 10 weeks before signature of the exchange agreement, w...
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Separate orders were made which determined heirship in the above entitled estates; since the issue in each instance is identical, and at appellants’ request, the two mat *592 ters have been consolidated for determination here. Both decedents (as well as their four children) having been simultaneously killed in an airplane accident, and dying intestate, the question is whether under the Uniform ...
Views: 0
Defendants Sells, Blagg, Lewis, Burt and Ville were charged in a four-count information as follows: with the crimes of sodomy in violation of section 286 of the Penal Code (count I) ; assault with a deadly weapon in violation of section 245 of the Penal Code (count II); and conspiracy to commit violations of sections 245 and 286, in violation of section 182 of the Penal Code (count IV) ; in addit...
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267 Cal.App.2d 611 (1968) STATE EMPLOYEES' RETIREMENT SYSTEM, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD and DONNA V. McNERNEY, Respondents. Civ. No. 11746. California Court of Appeals. Third Dist. Nov. 22, 1968. Thomas C. Lynch, Attorney General, and William J. Power, Deputy Attorney General, for Petitioner. Everett A. Corten, Rupert A. Pedrin, C. V. McCluskey and Panattoni, Farrel...
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Following a jury trial, defendant was found guilty of kidnaping for the purpose of robbery (Pen. Code, §209). Probation was denied and he was sentenced to state prison. Defendant appeals from the judgment of conviction. At approximately 7:15 p.m. on August 5, 1967, Mrs. Nancy Jenkins and her four children returned to their home in Upland after a week’s absence. At 9 :15 p.m., Mr. Jenkins and th...
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Estelle O. Stein, both individually and as the executrix of Robert M. Stein, deceased, and Jay J. Stein, both individually and as attorney for the executrix, appeal solely from that portion of the probate court’s order settling the executrix’ second account current and determining fees which revised and reduced statutory fees and commissions. Appellants contend that the court incorrectly comput...
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This is an appeal from a judgment of eonvic- ' tion of rape (§261, subd. 3, Pen. Code). In an information filed in Los Angeles on September 11, 1967, appellant herein was charged in count 1 with raping Valerie King on or about June 26, 1967. Counts 2 and 3 of the information referred to appellant’s eodefendant Tommy Lee Ray wherein he was charged in count 2 with having raped Valerie King at the ti...
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Defendant appeals from an order granting probation following his plea of guilty to the charge of maintaining a place where narcotics are sold (Health & Saf. Code, § 11557). Defendant did not comply with the requirements of Penal Code, section 1237.5, compliance with which is now generally *649 a prerequisite to an appeal from a judgment based upon a plea of guilty. 1 ...
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Defendant appeals from an order admitting him to probation following his conviction by a jury of assault (an offense included within the charge of assault with a deadly weapon of which he was found not guilty), and of two counts of battery on each of two peace officers. On October 7, 1967, two on-duty uniformed San Diego police officers, Knoll and Smith, in a marked police vehicle driven by Kno...
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The People appeal from an order granting defendant’s motion under section 995 of the Penal Code to dismiss an information charging him with possession of marijuana. On August 12, 1967, Officer MacNeil of Fairfax observed an old van with psychedelic painting on it making a turn onto Sir Francis Drake Boulevard. From his position, he could not see any front license plate, so he stopped the van be...
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The California State Employees’ Association, and two of 'its members who are employees of the University of California, seek a declaration that University eriiployees are entitled to require the University to make salary deductions for membership dues of the Association. We uphold the determination made by the lower court, in entering judgment for the.Regents of the University on the pleadings, t...
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Preliminary Statement Plaintiff filed his complaint herein on January 13, 1967. The named defendants, on January 26, 1967, filed a general and special demurrer to each cause of action of the complaint and a motion to strike. Upon hearing, the court sustained the ' general demurrer as to each of the three causes of action set forth in the complaint, with 10 days leave to amend. The ...
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Defendant was charged with the felonies of burglary and forcible rape. A public defender was appointed to represent him. He pleaded “not guilty,” and waived a jury trial. He was found guilty as charged, and the burglary was fixed at first degree. The court denied probation, and sentenced defendant to state prison, retaining jurisdiction and requesting diagnostic study and report under the terms o...
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Defendant was found guilty by a court, sitting without a jury, of violating section 28101 of the Vehicle Code, i.e., felony drunk driving. He appeals from the judgment of conviction. At the trial the case was submitted upon the following stipulation of facts; On May 5, 1967, defendant drove a motor *686 vehicle on a public highway. In so doing, defendant neglected a duty imposed upon him by l...
Views: 9
Pursuant to a judgment in a criminal case,' petitioner was committed to the state prison where he remained until paroled; contends his commitment was illegal because he was denied the right to counsel; and concludes his detention under the parole violation order was illegal because of the illegality of the commitment. He petitioned this court for a writ of habeas corpus and we issued an order to ...
Views: 6
267 Cal.App.2d 698 (1968) THE PEOPLE, Plaintiff and Respondent, v. JAMES THOMAS, Defendant and Appellant. Crim. No. 6488. California Court of Appeals. First Dist., Div. Two. Nov. 27, 1968. Franklin Harris, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, Robert R. Granucci and Jerome C. Utz, Deputy Attorneys General, for Plaintiff and ...
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A demurrer, both general and special, to plaintiff’s amended complaint having been sustained and plaintiff thereafter having elected to stand on her pleading, the demurrer was sustained without leave to amend. The appeal is from the judgment (“order”) dismissing the action; an additional appeal from ‘ ‘ the sustaining of Demurrer without leave to amend” is dismissed. (Beazell v. ...
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Statement of the Case A petition to commit appellant as a narcotic drug addict was filed by the district attorney on June 20, 1967, in accordance with the provisions of section 3100 of the Welfare and Institutions Code (under art. 3, entitled “Involuntary Commitment of Persons Not Charged With a Crime”). There was also filed on the same day an application for admission of appellant as an alleged...
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The Department of Motor Vehicles (Department) appeals from a judgment ordering the issuance of a peremptory writ of mandate that Department set aside its order revoking respondent’s driving privilege. Respondent’s license was suspended following a formal administrative hearing in which it was found by Department that the respondent had refused to take any of three chemical tests provided b...
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Petition for writ of review of an opinion and decision of theWorkmen’s Compensation Appeals Board (Board) denying an award to petitioners (survivors of Ivan Victor Whaley) for decedent's death for the reason it did not occur in the course of his employment. Facts Decedent was employed by a newspaper publisher as a “district manager.” His duties included supervision of his crew of delivery boy...
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The motion for change of venue from Sonoma County to San Francisco was improperly granted. The action is upon a promissory note of defendant corporation. The verified complaint sets out the note as an exhibit “by reference made a part hereof.” This note provides that it is to be paid “at Santa Rosa, California.” It is signed by the individual defendants as president and secretary of the ob...
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The appeal is from judgment following a first degree murder conviction by a jury. Two contentions are raised: (1) insufficiency of the evidence to support the conviction; (2) inadequacy of defendant’s trial counsel. We disallow both contentions. At the outset we reiterate often stated rules: Before a conviction will be reversed on the ground of insufficiency of the evidence it must clearly ap...
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267 Cal.App.2d 771 (1968) CITY AND COUNTY OF SAN FRANCISCO, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD and GEORGE J. ENGLER, Respondents. Civ. No. 25595. California Court of Appeals. First Dist., Div. One. Dec. 2, 1968. Thomas M. O'Connor, City Attorney, and Donald J. Garibaldi, Deputy City Attorney, for Petitioner. Everett A. Corten and Rupert A. Pedrin for Respondents. ELKINGTON,...
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The municipal court appeals from a writ of prohibition by which the superior court has forbidden the prosecution of respondents Dixon and Bright for alleged violation of section 647, subdivision (a) of the Penal Code. It had been charged in a complaint filed in the municipal court that respondents herein “did engage in lewd and dissolute conduct in a public place and a place open to the public....
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This is an appeal by defendant county and certain of its officials from a judgment decreeing that a Los Angeles County ordinance regulating figure model “studios” is void and enjoining the County of Los Angeles and certain public officials from enforcing the ordinance against the operators of such studios. The ordinance has been amended and reenacted both before and after the trial court’s judg...
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John D. Glynn, a former stockholder in Bonus Rent-A-Car System, Inc. (hereinafter sometimes referred to as Bonus) and one of the eoguarantors on certain promissory notes payable by Bonus to Community Bank, appeals from a judgment entered against him for his proportionate share of that obligation. It appears that in 1961 plaintiff Overholser and defendants Klavir, Freemond, Keltner, Glynn a...
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This is an appeal from a judgment of conviction of possessing marijuana. In an information filed in Los Angeles on May 25, 1967, Sarah Irene Gann with codefendants Andre Charles Swader and Georgann Buerger was charged with possessing mari *812 juana on February 7, 1967. Each defendant pleaded not guilty. A jury trial was waived and it was stipulated that the matter be submitted upon the trans...
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Defendant was charged with battery (§ 242, Pen. Code) on Officers Petrasieh (count I) and Yturralde *817 (count II) while engaged in the performance of their official duties. The court found her guilty, on each count, of assault (§ 240, Pen. Code), a misdemeanor and a lesser but necessarily included offense. She appeals from the judgment and order revoking probation. Officers Petrasieh and Tt...
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This is an appeal from a judgment of conviction of rape. In an information filed in Los Angeles January 22, 1968, defendant was charged with forcibly raping Thelma Lewis on December 30, 1967. Defendant pleaded not guilty. In a non jury trial defendant was found guilty as charged and sentenced to the state prison. A timely notice of appeal was filed. A résumé of some of the facts is as follows: at ...
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Tax Appeals Board No. 2 of the County of Los Angeles appeals from the order of the superior court setting aside one of its decisions and remanding the proceeding for rehearing and reconsideration. The challenged order was made following a hearing upon the petition of respondent County of Los Angeles for a writ of mandate filed in accordance with Code of Civil Procedure section 1094.5. Appe...
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This action was brought by seven owners of shopping centers in Los Angeles County to recover real estate taxes paid under protest. The cases involve questions concerning the methods of proving discrimination or unfair assessments of taxpayer’s real property with particular problems directed to methods of proof of the ratio prevailing within the county of assessed valuation to market valuation f...
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The question: Does appellant’s second amended complaint state a cause of action against the City of Los Angeles ? According to her pleading appellant operated a therapeutic massage parlor and income tax service on leased premises in the City of Los Angeles. On 13 February 1963 she was noti *850 tied by the City, acting through its Department of Building and Safety, that the op...
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Appeal after a nonjury trial from a judgment of conviction on four counts of first degree robbery. In three of the robberies defendant at revolver point ordered a Los Angeles bus driver to hand over his money. In the fourth robbery defendant’s confederate wielded the gun. Defendant was stopped by a police officer for a traffic violation and subsequently arrested for auto theft. A revolver was...
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John D. Glynn, defendant below, a practicing attorney who appears in this court as his own counsel, has appealed from the judgment. The trial court held Glynn liable on two promissory notes of which he was found to be the maker, refusing to find that Glynn was in reality a surety, and on a continuing guaranty for a certain loan made to James B. O’Toole. The court refused to find Glynn liable un...
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This is an action by plaintiffs Forrest DeTarr and Salvador Gonzalez Molina to quiet their title to certain property by declaring void defendant’s lease. After entry of summary judgment for defendant, plaintiffs appeal. Some of the undisputed facts will be stated first. On April 4, 1938, Lester L. Sidwell transferred certain real property in the City of Pico (now Pico Rivera), Califor...
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Petition for writ of mandate to require the appellate department of the superior court to hear and rule upon certain appeals by petitioner which had been dismissed upon motion made upon the ground of lack of jurisdiction. Facts The petition arises from litigation in the Municipal Court of the San Diego Judicial District, Bandy v. Knudson Mfg. Co., No. 126960. In that ease the date of trial ha...
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—This personal injury litigation commenced when plaintiff Beatrice Trice 1 filed a suit for damages against Atchison, Topeka & Santa Fe Eailway, a corporation [Santa Fe], Fred E. Lan Franco, administrator of the estate of Bernard E. Lan Franco, deceased [Lan Franco], and Whitehead Construction Co., a corporation [Whitehead]. Plaintiff’s complaint contained the following summary of al...
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Lee Lentz, the widow of Dr. J. R. Lentz, appeals from a summary judgment in favor of the minor son of Dr. Lentz and his former wife, Patricia Lentz, in an action brought to impress an equitable lien upon real property. About- March 7, 1960, J. R. Lentz and Patricia obtained a loan from the Equitable Life Assurance Society, evidenced by a promissory note which was secured by a deed of trust...
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By this proceeding we review an order of the Alcoholic Beverage Control Appeals Board reversing a decision of the Department of Alcoholic Beverage Control. The controversy centers upon the interpretation of a section of the Business and Professions Code. The facts are not in dispute and, succinctly stated, they are as follows: A 20-year-old female solicited employment in an establishment where li...
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This cause is before this court a second time, for the reason that the Supreme Court granted appellant’s petition for a hearing after this court’s opinion of February 7, 1968, and then retransferred the case to this court with directions to appoint new counsel to represent appellant pursuant to People v. Feggans, 67 Cal.2d 444 [62 Cal.Rptr. 419, 432 P.2d 21], and Anders v. California, 386...
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This is an appeal from a judgment of conviction of burglary. In an information filed in Los Angeles on June 8, 1967, defendant with Glee Morris was charged with burglarizing a building occupied by California Suede Company on April 29, 1967. It was further charged that Bryant previously, on June 4, 1962, had been convicted of a felony, namely a violation of section 496 of the Penal Code. Private...
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First Western Bank & Trust Company (hereinafter sometimes referred to as First Western) appeals from the order of dismisal 1 entered as to respondent Emon Hermon Bookasta pursuant to an order sustaining without leave to amend his general demurrer to each of the two counts in the subject complaint. The complaint herein alleges in the first count that on or about April ...
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This is an appeal from a judgment of conviction of receiving stolen property. In an information filed in Los Angeles on March 21, 1967, defendant was charged in count 1 with having burglarized the residence of Gayle E. Drum on January 27, 1967, and in count 2 with having received property which had been stolen from Gayle E. Drum. Defendant pleaded not guilty and made a motion under section 1538...
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Defendant was convicted by a jury of (1) grand theft—auto (Pen. Code, § 487, subd. 3), and on a separate count of (2) taking or driving a vehicle without the owner’s consent (Veh. Code, § 10851). He was sentenced on both counts. On June 12, 1967, defendant, an unemployed parolee, was arrested while driving a 1967 Ford Mustang, which had been stolen from the lot of a Sacramento Ford dealer somet...
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This is the second appeal in this case. The original complaint was filed by St. Paul Fire & Marine Insurance Company (St. Paul) on November 27, 1959 alleging that James I. Barnes Construction Co. (Barnes), after notice, had improperly paid money to Stewart & Nuss, Inc. (Stewart) that was due it under an assignment from Stewart. The trial court decided in favor of St. Paul in the amount of $37,964....
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This is an appeal from a judgment of conviction of possessing marijuana. In an information filed in Los Angeles on May 4, 1967, defendant was charged with having possessed marijuana on April 13, 1967. Defendant pleaded not guilty and in a jury trial was found guilty as charged. Proceedings were suspended, probation was granted for two years, a part of the terms being that he spend 96 days in jail ...
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We have here an appeal from an order which declares a 17-year-old boy to be a ward of the juvenile court upon a finding that he is in danger of leading a dissolute life, because he purchased, possessed and smoked marijuana. 1 The court’s order is mild. It decrees that the boy is to remain in his father’s home, subject to supervision by the probation officer, and that he refrain from ...
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The several plaintiffs own lots in a subdivision which juts, peninsula fashion, into the real property of the defendant Ojai Hotel Company. On that property defendant operates a hotel, the Ojai Valley Inn. The inn is surrounded by a golf course. Defendant became the owner of several lots in the subdivision. The lots adjoined the hotel property. Defendant caused the lots to be annexed to th...
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266 Cal.App.2d 14 (1968) THE PEOPLE, Plaintiff and Respondent, v. ROBERT EARL TAYLOR, Defendant and Appellant. Crim. No. 12675. California Court of Appeals. Second Dist., Div. Five. Sept. 24, 1968. H. Randolph Moore, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Thomas Kerrigan,...
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The trial court, sitting without a jury, found defendant Pat Gardner guilty of a violation of section 11501 of the Health and Safety Code (selling, furnishing, or giving away a narcotic). Following a temporary commitment for diagnostic purposes (Pen. Code, § 1203.03), her request for probation was denied, and she was sentenced to state prison. 1 She appeals from the final judgment of...
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Joseph C. O’Connor, San Diego County Sheriff, appeals from a judgment after court trial directing him to return three coin-operated baseball type amusement devices to their owner, plaintiff John Knowles. The machines had been confiscated as violating San Diego County Ordinance section 37.201, or, alternatively, as violating California gaming laws (Pen. Code, § 330 et seq.). Knowles sought to re...
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David Michael Doerr, convicted after jury trial of possessing marijuana (Health & Saf. Code, § 11530), appeals from a probation order deemed a final judgment (Pen. Code, § 1237). ■On June 27, 1967, Doerr and two minor companions were *38 traveling in Doerr’s ear on Highway 80 in eastern San Diego County when Deputy Sheriff Bavensteyn stopped them because the car’s rear license...
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Glenn E. Camper, individually and doing business as Elton Pools, sued the defendant for a portion of the contractual pay for the construction of a swimming pool on property in Stockton near the University of the Pacific, *42 where the defendant was carrying on an apartment house business consisting of 50 units; the plaintiff filed on a claim of lien which he sought to foreclose. Inconsequential...
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The plaintiff-appellant M. Frank Carroll brought this action against the defendant-respondent Hanover Insurance Company to recover attorney’s fees alleged to be due him under a policy of insurance issued by Hanover. The superior court sustained Hanover’s demurrer to the complaint, without leave to amend. The notice of appeal states that the appeal is taken from the order sustaining the demurre...
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Plaintiff brought an action against defendant for support and maintenance under Civil Code section 206. That section provides that it is the duty of “the children of any poor person who is unabl e to maintain himself by work, to maintain such person to the extent of their ability.” The court without a jury determined that plaintiff is the father of defendant, that plaintiff is a poor person, that...
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Defendant Gibbs cashed five checks totaling $1,900 at Harvey’s Wagon Wheel and Harrah’s Club, gaming establishments located on the Nevada side of Lake Tahoe. When the checks were returned unpaid for lack of sufficient funds, the two clubs assigned them to plaintiff for collection. After a nonjury trial the Sacramento municipal court gave judgment for the plaintiff and Gibbs appealed. The appellat...
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Plaintiff appeals from an order settling a first report and account of receiver and directing payment of the receipts of the receivership consisting primarily of rents collected. In reality, plaintiff’s appeal concerns that part of the order directing the receiver to pay $500 to intervener’s attorneys and, after making other designated payments prescribed by the order, to pay “all receivership ...
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266 Cal.App.2d 76 (1968) 72 Cal. Rptr. 1 NICK MEZERKOR, Plaintiff and Appellant, v. TEXACO, INC., et al., Defendants and Respondents. Docket No. 24259. Court of Appeals of California, First District, Division One. September 26, 1968. *79 Caputo, Liccardo & Burriesci, Caputo, Liccardo, Burriesci & Hogan, Caputo & Liccardo and Salvador A. Liccardo for Plaintiff and Appellant. Edward I. ...
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This is an appeal from a judgment of conviction of robbery in the first degree. In an information filed in Los Angeles on April 18, 1967, Charles David Lewis, whose correct name is Leonard Wilson (appellant herein) was charged with codefendant William John Reynolds in count 1 with the robbery of Father Donald Nylund on March 20, 1967; in count 2 the codefendants were charged with kidnaping for the...
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This is a proceeding to review and annul the decision of the Workmen’s Compensation Appeals Board denying applicant’s petition for reconsideration of the findings and award of the referee. On May 5, 1965, an award issued on petitioner’s application for workmen’s compensation benefits based on a finding by a referee that applicant had sustained cumulative industrial injury to her lungs from Apri...
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This is an appeal by the People from an order dismissing an information upon the ground that before the filing thereof the defendant had not been legally committed by a magistrate. (Pen. Code, § 995.) The person who signed the complaint as the “declarant and complainant” did not do so under oath but, in lieu of so doing, above his signature he made the following statement: “I declare under pena...
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Defendant was tried by a jury and convicted of murder in the second degree. He appeals from the judgment. A summary of the evidence is as follows: On November 15, 1966, defendant was drinking wine and vodka with some other men next to the railroad tracks. They were in an area used as a campground by itinerant workers and known as the Southern Pacific Jungles. At about 2:15 p.m. Officers Winnifo...
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As a result of an inverse condemnation suit, plaintiff landowners secured an “interlocutory” judgment on July 14, 1967, declaring defendant water company entitled to a decree of condemnation, declaring plaintiffs’ entitlement to judgment for $8,501.60 plus interest from September 30, 1960, and ordering a final decree of condemnation upon defendant’s deposit of the money in court. The water company...
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The People have appealed from an order granting, under section 995, Penal Code, defendant’s motion to dismiss an information charging unlawful possession of marijuana. The Evidence in Support oe the Order of the Committing Magistrate At about 7 p.m. of July 22, 1967, Robert L. Hill, a police officer of the City of Garden Grove, while on patrol duty in a black and white police vehicle, turned ...
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The plaintiff, Clifton C. Palmer, appeals from an order setting aside a default of defendant and the judgment based thereon. The appellant claims generally that the superior court had no jurisdiction to act as it did, because the 6-month period between the entry of the default and the order setting it aside prescribed by section 473 of the Code of Civil Procedure had passed. Under date of ...
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The People have appealed (Pen. Code, § 1506) from an order granting petitioner, Leroy Eldridge Cleaver, a writ of habeas corpus which released him from prison and reinstated him on parole. (1 Crim. 7331.) The California Adult Authority, as respondent in proceedings taken by the petitioner to find it in contempt and to enjoin and restrain it from thereafter holding a parole violation hearing, has a...
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Having received reliable information from petitioner’s landlady that he possessed a dish of marijuana in his house, a deputy sheriff of Humboldt County made an affidavit for a search warrant and presented it to a magistrate at night. The affidavit requested that the warrant authorize a night search. However, the magistrate neglected to indicate in the warrant any decision he may have reached in t...
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The trial court found defendant guilty on three counts (I, II, III) of selling and one count (IV) of furnishing marijuana in violation of section 11531, Health and Safety Code, and two prior (1951, 1952) felony narcotic (marijuana) convictions (§11500, Health & Saf. Code) to be true. Timely appeal was filed. On May 6, 1965, this court filed its opinion affirming the judgment; petition for rehea...
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This is an appeal by the cross-complainants from a judgment of dismissal of their cross-complaint for declaratory relief entered after the demurrer of the cross-defendant Dorothy Marie Johnson had been sustained with leave to amend and no amended pleading had been filed. Allegations of the cross-complaint relating to the question here presented are: 1. On January 9, 1964, cross-defendant Doroth...
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The plaintiff Employers’ Surplus Lines Insurance Company (hereinafter designated by the name Employers’ Surplus) sought a declaratory judgment as to its rights and duties and the respective rights and duties of other insurance companies under policies of insurance issued to the defendant Crescent Wharf & Warehouse Co. (hereinafter designated by the name Crescent Wharf), a corporation engaged in th...
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This is a proceeding to review and annul an order of the Workmen's Compensation Appeals Board dismissing the employer’s compensation insurance carrier as a party defendant to the proceedings on the applicant’s claim for death benefits and funeral expenses arising out of the industrial injury and death of applicant’s husband. In June 1967 Franca Lucia Ray, the widow of Marian Ray, applied to the...
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266 Cal.App.2d 196 (1968) CYPRESS INSURANCE COMPANY, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, ARLO E. DELANEY et al., Respondents. California Court of Appeals. Sept. 27, 1968. McConnell & Cramoline and Douglas Murray for Petitioner. Everett A. Corten and Nathan Mudge for Respondents. *197 McCOY, J. pro tem. [fn. *] This is a proceeding by an insurance carrier to review and annul...
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This is a proceeding to review and annul a decision of the Workmen’s Compensation Appeals Board denying an applicant’s claim for benefits. The referee, after a hearing, found that he sustained injury to his right shoulder, right upper arm, and left elbow arising out of and occurring in the course of his employment, but that the injury arose out of an altercation in which applicant was the initial...
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This is an appeal from a judgment of nonsuit against plaintiff and in favor of defendant after the latter’s motion therefor upon the completion of plaintiff’s presentation of evidence, the trial court sitting without a jury. The motion was made upon the grounds that plaintiff had failed to establish a prima facie case of culpable negligence against defendant and that plaintiff’s evidence showed he...
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Defendant was convicted of the offenses of manslaughter in driving a vehicle, with gross negligence; was granted probation; and appeals. Although contradicted in part, there is evidence showing: Defendant, while under the influence of intoxicating liquor, drove an automobile westerly along Orangethorpe Avenue, in *224 the City of Placentia, at between 60 and 65 mile...
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Defendant was found guilty of two counts of burglary, first degree, in a court trial. He appeals from the judgment and, additionally, seeks a review of the denial of his motion for new trial. On November 17, 1966, around 1 a.m., Carrie Lee Henry heard a crash or explosion outside her residence in Sacramento. When she first looked out a window toward a service station lot across the alley, she s...
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266 Cal.App.2d 241 (1968) THE PEOPLE, Plaintiff and Respondent, v. MAX WARD, Defendant and Appellant. Crim. No. 6424. California Court of Appeals. First Dist., Div. Two. Sept. 30, 1968. Harley C. Hardesty, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, Robert R. Granucci and Michael J. Phelan, Deputy Attorneys General, for Plaintiff ...
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Defendant was charged by information with violation of section 4530, subdivision (b) of the Penal Code (escape), a felony. Defendant pleaded not guilty and requested a jury trial. Defendant’s motion for a mistrial during the selection of the jury based upon statements made by prospective jurors was denied. After a trial by jury, defendant was found guilty of violation of section 4530, subdivision ...
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266 Cal.App.2d 269 (1968) JOAN ADELE RYNSBURGER et al., Plaintiffs and Appellants, v. DAIRYMEN'S FERTILIZER COOPERATIVE, INC., Defendant and Respondent. Civ. No. 9084. California Court of Appeals. Fourth Dist., Div. Two. Sept. 30, 1968. Dannemeyer & Tuohey, Conrad G. Tuohey and William E. Dannemeyer for Plaintiffs and Appellants. Richards, Watson & Hemmerling and Glenn R. Watson for ...
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The facts are not complicated. Petitioner was employed as an inside salesman by Beckman Instruments, Inc. His usual working hours were from 8 a.m. to 5 p.m. Petitioner was required by the terms of his employment to attend an evening sales meeting once each month. On April 22, 1965, the monthly evening sales meeting started at approximately 4:30 p.m. in the Fullerton plant of Beckman Instru...
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Plaintiff, who seeks to recover damages injuries suffered when he was struck by a vehicle operated by defendant, 1 has appealed from a judgment entered on an adverse verdict. He complains that the jury was misdirected in that the court erred in refusing to give his proffered instructions on res ipsa loquitur, and in giving instructions proposed by defendant on contributory negligence...
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Charles Corey appeals from an order of the juvenile court, entered under the provisions of section 602 of the Welfare and Institutions Code, adjudging him a ward of the court. Wardship was determined upon a finding that the minor resisted an officer, in violation of Penal Code section 148. Although there was sharp conflict in the testimony *296 received at a contested hearing, there was substan...
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Jefferson, Incorporated appeals from the judgment of dismissal entered following the sustaining of a demurrer without leave to amend to its cross-complaint for declaratory relief against respondent City of Torrance, On the record before us we regard the determinative issue presented by this appeal to be the following: Where one defendant files a cross-complaint against his co-defendant se...
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Plaintiff (Jackson) sued and recovered judgment after a court trial against defendants (the Pancakes) on actions under common counts for the reasonable yalue of labor and materials. Judgment was for $901.89. Jackson was not a licensed contractor during the performance of any of the work for which he sued. The broad question on appeal is whether the action is barred under Business and Profe...
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— This appeal is from certain orders en *316 tered in a stockholders’ derivative action against appellant A. ,,J. Industries, Inc. (hereinafter called the “corporation,” or ,“AJ”). The questions presented are whether, under the circumstances of the present ease, the corporation should be required to pay attorneys’ fees and costs incurred in the action (1) by the stockholders who br...
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The complaint characterizes this action as one to impress and enforce a vendor’s lien on real property. The trial court awarded the plaintiff Valley Vista Land Co. (hereafter Valley Vista) a money judgment against one defendant (Nipomo Water & Sewer Co., hereafter Nipomo) and further adjudged that said obligation “shall not constitute a vendor’s lien ... as against defendant Jake Will . . . but...
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Defendant was charged by information with feloniously possessing a eoneealable firearm after suffering a prior felony conviction (violation of Penal Code section 12021), and also charged with a misdemeanor, unlawful use of narcotics (violation of Health and Safety Code section 11721). Two prior felony convictions also were alleged (Health and Safety Code section 11530 (1964), and Penal Code secti...
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On April 13, 1964, defendant Walter Styffe filed a complaint in the Municipal Court of the Ontario Judicial District, naming plaintiffs herein as defendants. The action was to foreclose a mechanic’s lien against property owned by plaintiffs. Subsequently, plaintiffs filed an action in the Superior Court, San Bernardino County, claiming that defendants herein had breached a construction contract. T...
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Sevena ctions, four for wrongful death, two for bodily injury and one by the state for fire suppression costs (Health & Saf. Code, §13009) were consolidated for trial and appeal. All plaintiffs had judgment, and defendant appeals. The actions arise out of a fire which occurred in the Sierra National Forest in Mariposa County. Both federal and state fire suppression personnel were summoned....
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The principal elements of this appeal are the duty of a stock broker, owed to his customers who purchase the securities of a corporation, to disclose to them material facts known to him concerning the corporation; the duty of a director of the corporation, owed to it, not to disclose the same facts if he acquired knowledge of them as a director; and the consequences which may arise when the bro...
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Plaintiffs appeal from the judgment of dismissal entered following the sustaining of defendants’ demurrers to their first amended complaint for declaratory relief without leave to amend. In substance, appellants’ complaint alleges that appellant Eagerstedt is a licensed contractor and that appellant Keeler is his employee. On or about August 15, 1966, respondent Elliott entered into an oral agreem...
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This is an action to foreclose a mechanic’s lien of $11,845.23 for excavation and grading. The court made findings to the effect that plaintiff contracted to do certain work for $9,000; the work for which plaintiff seeks compensation was a part of the work to be done for that price; plaintiff had been paid $9,000 and that defendants owe plaintiff nothing. Judgment was for defendants and plaintiff ...
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266 Cal.App.2d 380 (1968) THE PEOPLE, Plaintiff and Respondent, v. ALFRED ROBLES OLIVAS, Defendant and Appellant. Crim. No. 14182. California Court of Appeals. Second Dist., Div. Four. Oct. 4, 1968. David C. Marcus for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Suzanne E. Graber, Deputy Attorney General, for Plaintiff and Res...
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This is an appeal from a judgment in favor of defendants and award of costs to defendants in an action for a deficiency under an equipment lease agreement. The facts are that on June 15, 1964 Credit Mobilier, a California corporation, and Robert E. Gee, Jr., doing business as Crawford Ink & Supply Co. (hereinafter referred to as Gee) entered into a written lease agreement for the lease to ...
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Defendant was convicted of a violation of section 11501 of the Health and Safety Code—sale of heroin. Trial was to a jury. *390 The People’s evidence showed that on August 30, 1966, defendant sold a quarter of a gram of heroin to Officer Rogers in room 29 of the Charles Hotel. According to Rogers’ testimony, at the time of the sale defendant was injecting himself with what Rogers “felt” was h...
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Appeal by an intervening workmen's compensation insurer from a nonsuit judgment in a personal injury case. The action in the court below was brought by Holliday for damages caused by the alleged negligence of Miles, Inc., doing business as Leslie Miles Plastering Company (Miles) during the course of and while Holliday was engaged in the duties of his employment by Apex Supply Company (Apex...
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Petitioner Kerns Construction Company (Kerns) seeks a writ of mandamus directed to the Superior *408 Court, Orange County, ordering it to grant Kerns’ motion to produce certain reports. In an action by Dixon and Lidke for personal injuries resulting from an explosion on August 3, 1965, Southern Counties Gas Company (Gas Co.) was named as one of the defendants. Gas Co. cross-co...
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This is a proceeding to prohibit the municipal court from prosecuting petitioner on a complaint filed by the city attorney charging him with repossessing automobiles within the City of Los Angeles without first obtaining a permit from the city as required by Ordinance No. 77,000. (Mun. Code, art. IX, § 29.01.) When petitioner’s demurrer to the complaint was overruled, petitioner sought a writ o...
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The plaintiff, Paul Schmeltzer, in a trial by the court without a jury, won a judgment against Gregory Specialty Company, Inc. and Gregory Manufacturing Company, Inc., two California corporations, for $29,150, together with an additional $500 as attorneys’ fees and costs, as the result of a contract for personal services, which was rendered impossible of completion through the sale by Albert Gr...
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The defendant, Michael Sherman Harris, was accused of burglary in count I of the information and of receiving stolen property in count II. The jury found him guilty of burglary in the first degree as to the first charge, but not guilty of receiving stolen property. The efforts of his counsel on appeal are concentrated on two contentions: (1) that the proof does not establish that the burgl...
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Suit for appropriation of literary property and an idea. The amended complaint charged that plaintiff, an actor and writer, submitted material to defendant, a producer, which the latter used for dramatic purposes in breach of an express contract, in breach of an implied-in-fact contract, fraudulently, and in violation of a confidential relationship. Plaintiff’s material, which was attached to his...
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Appellant was convicted by a jury of arson, the burning of a Thrifty Drug Store at Central and Washington in the Watts area of Los Angeles. Pie was acquitted of two other counts of arson. This appeal follows a denial of probation, a sentence to state prison and a denial of a motion for new trial. This case was an outgrowth of the fires, riots and disturbances in the south central area of L...
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Respondent Meredith was accused of rape by a girl who was 14 years old. At the preliminary hearing she testified she had babysat for the Merediths several times between December 1966 and 16 February 1967. On the latter date she went to the Meredith home at Meredith’s request, to babysit. Respondent and his two children were there. As soon as she got into the living room, Meredith grabbed her and p...
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This is a petition for review of an order of the Workmen’s Compensation Appeals Board denying an applicant’s claim for compensation on account of injuries sustained in a traffic accident. The board found that applicant was not engaged in any activity on behalf of his employer at the time he was injured in the accident and that his injury did not arise out of and in the course of his employment. We...
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This appeal arises out of an action in eminent domain filed by the City of Santa Maria against the defendants for the purpose of acquiring an easement for the installation of a water transmission line. The original action to acquire this easement was filed by the city on May 8, 1961, in the Superior Court of Santa Barbara County, and the city went into actual possession of the easement on this dat...
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Petitioner had been granted probation after a plea of guilty on a charge of possession of marijuana (Health & Saf. Code, § 11530). Thereafter she requested modification of the conditions of probation. The basis of her petition was that she had married one James Peeler after her plea but before sentence and that certain conditions of the probation were inimical to her status as a married woman. ...
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Petitioner is defendant in an action brought by Kim Godfrey for personal injuries sustained when a garbage container manufactured by petitioner toppled over. After service of process upon petitioner as a foreign corporation doing business within this state, pursuant to Code of Civil Procedure section 411, subdivision 2, petitioner moved to quash service of summons upon a showing that petitione...
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Defendants were convicted of inhaling glue with the intent of becoming intoxicated in violation of section 4207.1 of the Monterey Park Municipal Code. Orozco was arrested while driving a car in an erratic manner on a public street in the City of Monterey Park. He was found slumped in *510the driver’s seat while a strong odor of glue emanated from a crumped cloth in his lap; he appeared to be intox...
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Plaintiff appeals from the judgment on the pleadings entered against her in her action seeking to recover damages sustained by reason of defendants’ wrongful interference with her contractual relations. Her appeal presents the following narrow question: May a defendant whose fraudulent acts and misrepresentations have caused another to fail to perform in conformity with promises made to his pr...
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Accused by information of murder in count I and in count II of assault with a deadly weapon with intent to commit murder, in a jury trial Hector Enrique Tovar and Joseph Bautista were convicted of manslaughter on count I and acquitted on count II; appellant Armando Camarillo and Eugene Rubio, Jr., were convicted of murder of the second degree and of assault with a deadly weapon in violation of se...
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In this odd case, we reverse the judgment because there is no evidence to support an essential element of the offense charged. We decline to take judicial notice of the record of another case to fill gaps in the trial evidence on the ground that to do so would deny the defendant his right to trial by jury. We reject, however, defendant’s contention that the statute which serves as the foundation ...
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This is an appeal from an order (denominated “Modification of Final Judgment of Divorce”) entered after a hearing following a remittitur from this court on an earlier appeal. The parties were married on June 2, 1946. Two children were born to the marriage. The parties separated on April 27, 1962; and, on May 1, 1962, plaintiff filed a complaint for divorce. An order to show cause was heard on M...
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The plaintiff,Myrle L. Apellan, appeals from a formal order of dismissal after demurrers to her second amended complaint (hereinafter complaint) had been sustained without leave to amend. The defendants in the action are the County of Los Angeles (hereinafter County), 1 the City of Los Angeles (hereinafter City) and Edward L. Davenport, a deputy city attorney of the City. The co...
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This is an application for a writ of mandate to compel the superior court to vacate its order made under Code of Civil Procedure section 583 dismissing a civil action entitled C. W. Derry, et al., Plaintiffs vs. Golden State Bank, etc. et al., Defendants, No. NCC 1620 B. The material facts will be stated, referring to the parties by their alignment in the superior court. August 20, 1963. Plai...
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Defendant was charged in count I (violation of section 23101 of the Vehicle Code) of driving while under the influence of intoxicating liquor in an unlawful manner and proximately causing bodily injury. In count II, defendant was charged with a violation of section 20001 of the Vehicle Code, hit and run. Defendant pled not guilty to both counts. The cause was submitted on the testimony of the pre...
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— Defendants Gelert R. Ramage, Jr., (Ramage) and Nancy Ramage (Mrs. Ramage) appeal from a judgment taken against them by default on August 19, 1966, which in part decreed the foreclosure of a trust deed (August 19 judgment) and from a judgment dated March 1, 1967 (March 1 judgment), fixing the amount of a deficiency judgment in a hearing under Code of Civil Procedure, section 726, following the...
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266 Cal.App.2d 591 (1968) THE PEOPLE, Plaintiff and Respondent, v. IVAN C. STEELY, Defendant and Appellant. Crim. No. 6640. California Court of Appeals. First Dist., Div. Two. Oct. 17, 1968. Robert H. Frank, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, Robert R. Granucci and Don Jacobson, Deputy Attorneys General, for Plaintiff and...
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The action is for damages claimed to have been sustained as a result of the construction and operation of the San Gabriel River Freeway in Los Angeles County. Plaintiffs are the owners of property adjacent to the freeway; defendants are the State of California and Peter Kiewit Sons’ Co., a corporation. Plaintiffs are husbands and their wives who own, separately, four lots in Tract 16943; four l...
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The defendant's appeal from his conviction of forgery is based upon the grounds, (1) insufficiency of the evidence and (2) prejudicial error by the court in allowing cross-examination of the defendant, over his objection, beyond the scope of his direct testimony. Considering, as we must, the evidence in the light most favorable to the prosecution (People v. Sweeney, 55 Cal.2d 27, 33 [9 Cal....
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B. R. Morris and Estelle Morris, husband and wife, (Morris) appeal from a judgment of $3,700,000 rendered in their favor in an eminent domain proceeding wherein the Regents of the University of California (Regents) condemned as public grounds of the university the Morris apartment and warehouse property located approximately five miles from the campus. Specifically, the property was condemned f...
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This ease arises by appeal from a judgment denying a writ of mandate sought to compel reinstatement after appellant’s dismissal from employment by the County of San Diego. 1 Facts On July 12, 1965 (presumably under county civil service certification), by appointment by respondent county engineer, appellant commenced work as a Draftsman II in the San Diego County Engineering Department. The ...
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Plaintiff real estate broker appeals from a judgment entered pursuant to an order sustaining demurrer to her complaint for damages, without leave to amend. She filed an action for an amount equal to the real estate commission for the sale of estate property. The parcel of real property involved was part of the estate of George L. Browning, deceased. It had been on the market for some time ...
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Defendant appeals from the judgment entered following a non jury trial that resulted in his conviction of the crimes of possessing marijuana and heroin in violation of Health and Safety Code sections 11530 and 11500. Appellant has stated his contentions as follows: “ [1] The trial court was without jurisdiction and appellant was denied his constitutional rights and due process of law because ap...
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Appellants are licensed real estate brokers, against whom an accusation executed by a deputy real estate *669 commissioner of the State of California was filed on September 2, 1966, before the Division of Real Estate of the Department of Investment of the State of California (“respondent agency”). The misconduct alleged arose out of the sale of certain real property owned by Mrs. Laura M. Bur...
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The only question presented by these consolidated appeals 1 is whether certain actions of the San Fran *678 cisco Port Authority (hereafter Port Authority) setting wage rates for laborers, workmen and mechanics on the basis of straight time, overtime and holiday time, established the "salary range” required by Harbors and Navigations Code section 1705.5. The trial court found that Harbors and...
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266 Cal.App.2d 685 (1968) THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF HUMBOLDT COUNTY, Respondent; SCOTT MILLEN ENGLISH et al., Real Parties in Interest. Civ. No. 25980. California Court of Appeals. First Dist., Div. Two. Oct. 22, 1968. Thomas C. Lynch, Attorney General, Derald E. Granberg and Clifford Thompson, Deputy Attorneys General, for Petitioner. No appearance for Respondent. Je...
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The State Board of Equalization appeals from a judgment awarding respondent Glass-Tite Industries, Inc. the sum of $8,024 plus interest. The principal amount is for refund of taxes. It is conceded by appellant that respondent had exhausted its administrative remedies. Also, the parties are in agreement on the facts. The question is whether the sale of a business with all of its assets is, under...
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Robert Worthington appeals from a judgment denying a writ of mandate to compel respondent State Board of Control to set aside its action upon his claim for indemnification under Penal Code section 13600 et seq. He contends that the award should have included an allowance analogous to the general damages which would be recoverable in a tort action for personal injuries. The petition also prayed fo...
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General and special demurrers to Hills Transportation Co. 's second amended complaint were sustained without leave to amend. Hills appeals the judgment of dismissal. Hills was engaged in the business of transporting goods by-truck as a common carrier. Defendant Southwest Forest Industries (Southwest) was one of three paper companies which sold newsprint to the Hearst publications in Los An...
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Policemen who were called by firemen to the scene of a fire in a residential unit of an apartment building seized, among other things, a quantity of dynamite, numerous machine gun parts (later assembled into four machine guns), an automatic pistol equipped with a silencer, and a document described as an “application for rental.” Petitioner was subsequently charged with six criminal offenses, as...
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266 Cal.App.2d 723 (1968) JOSEPH H. FREEMAN et al., Plaintiffs and Respondents, v. AFFILIATED PROPERTY CRAFTSMEN, LOCAL 44 et al., Defendants and Appellants; JACK SHULTZ et al., Interveners and Appellants. Civ. No. 31343. California Court of Appeals. Second Dist., Div. Five. Oct. 22, 1968. Sidney Sampson and David J. Sachs for Defendants and Appellants and for Interveners and Appellants. Jos...
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Petitioner contends that on May 16, 1961, he was sentenced in violation of the proscription against multiple punishment. (Pen. Code, § 654.) Judgment was entered upon his pleas of guilty to charges of (1) escape (Pen. Code, § 4530), and (2) first degree robbery (Pen. Code, §§ 211, 211a). Sentence was imposed for both offenses. Petitioner was an inmate of the California State Prison at San Quent...
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266 Cal.App.2d 741 (1968) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant, Cross- complainant and Appellant, v. FRED R. LAN FRANCO, as Administrator, etc., et al., Defendants, Cross- defendants and Respondents. Civ. No. 32168. California Court of Appeals. Second Dist., Div. One. Oct. 23, 1968. John J. Balluff, Matthew H. Witteman, Henry M. Moffat, Neal W. McCrory and John J. Schimmen...
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The People appeal from an order granting defendant’s motion to set aside an information under Penal Code section 995. We have concluded that the order must be reversed. Initially, it may be noted that respondent errs when, citing People v. Superior Court, 264 Cal.App.2d 165, 166, 170 [70 Cal.Rptr. 362], he argues that we are bound by the findings of fact impliedly made by the superior court...
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Defendant appeals from the order granting probation entered following a nonjury trial that resulted in his conviction of violating Penal Code section 415. 1 Appellant contends (1) that he “was convicted on evidence secured in violation of the Fourth and Fourteenth Amendments to the Constitution of the United States;” and (2) that “the court erred in the sentence which was in excess of the amoun...
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This matter reaches this court via certification by the Appellate Department of the Superior Court of Los Angeles County pursuant to rule 63(a) and (c), California Rules of Court. The single issue is whether a three-year or a one-year period of limitation governs an insurer’s subrogation claim *760 against an uninsured motorist whose negligence resulted in damage to an insured who was compens...
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The facts which are not in dispute disclose the following: On April 29, 1965, in a ease entitled Cowles Magazine and Broadcasting, Inc. v. Elysium, Inc., defendant was enjoined by the superior court pending trial from utilizing the word “Look” as part of the title of its magazine “Nude Look.” Defendant appealed and on November 7, 1967, the order was reversed (255 Cal.App.2d 731 [63 Cal.Rptr. 50...
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Defendant appeals from conviction after jury verdict of violation of section 211 of the Penal Code (attempted robbery) 1 Questions Presented 1. Effect of evidence of identification at lineup without the presence of an attorney. 2. Alleged error in giving “flight after crime” instruction. Evidence On August 31, 1967. at approximately 4 a.m., Mrs. Juanita Harrison, accompanied by he...
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Defendant appeals from a declaratory judgment decreeing its liability, as insurer, to be primary and the liability of plaintiff, as insurer, to be secondary, under indemnity policies of insurance covering losses arising out of the same automobile accident. Defendant issued an automobile liability policy to a Mrs. Place in which it agreed to defend and indemnify the persons insured thereby ...
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The central issue on this appeal is whether a security interest under a trust deed is subject to a mechanic’s lien for architectural services, rendered pursuant *781 to a contract with the owner, for preparation of plans for improvements to be constructed on the land where the trust deed was recorded after the architect commenced preparation of plans but where actual physical const...
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The People, on relation of the Public Utilities Commission, appeal from an order denying its motion for leave to intervene in an action brought by plaintiffs Ryerson and Phillips, doing business as Phillips Trucking Co. (Phillips), a highway permit carrier, against defendant Riverside Cement Company (Riverside) to recover alleged undercharges for certain shipments made in 1957. The history of t...
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Defamation plaintiff, former Santa Ana Police Captain, Frederick E. Hopper appeals from a July 17, 1967, minute order granting defendant, Santa Ana *798 Police Chief, Edward J. Allen’s summary judgment motion. The minute order is not appealable. Hopper filed his notice of appeal from the minute order on July 31, 1967, four days after the trial court filed summary judgment. We treat...
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Defendant Agricultural Insurance Company, surety on an attachment bond issued on behalf of co-defendants C. N. Palmer, Jr., and Betty Ann Palmer, appeals a judgment finding the Palmers had wrongfully and *806 maliciously attached assets of plaintiffs George M. Carter and Lorraine D. Carter, and holding the surety, as. well as the Palmers, liable to the Carters for both compensatory and punitive...
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Petitioner was arrested on June 22, 1967, in Orange County while driving under the influence of intoxi *809 eating liquor when he went through a stop sign, crossed over a double yellow line and nearly struck a police ear. When his vehicle was stopped, a strong odor of alcohol was detected on his breath and he failed a field sobriety test. After he had been placed under arrest, and while en ro...
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Defendant was convicted after a court trial of a violation of Health and Safety Code section 11530 (possession of marijuana) and was thereafter placed on probation. He appeals from the “judgment.” For the purpose of appeal an order granting probation is deemed a final judgment. (Pen. Code, § 1237, subd. 1.) Defendant contends that the evidence on which he was convicted was unsubstantial and hig...
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While petitioner, Karl Peterson, injured in an industrial accident on August 19, 1964, won his case before the Workmen’s Compensation Appeals Board, he is prosecuting this appeal because he believes that he was not awarded enough; the award was based on a determination that only 50 percent of his disability was caused by the industrial accident, whereas he argues that he should have been awarde...
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Plaintiffs Howard and Martha Ruth lost their interest in certain real property upon foreclosure of trust deeds held by defendant Lytton Savings and Loan Association (herein called “Lytton”). Seeking declaratory and other relief from Lytton, Transamerica Title Insurance Company, successor to City Title Insurance Company (herein called “City Title”), Seabreeze Construction Company, Inc. (herein c...
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Plaintiff, in an action to recover damages for personal injuries, has appealed from that portion of a judgment which denied him relief against a defaulting defendant. It appears, on the record, that the court erred in ruling that the complaint failed to state a cause of action because of the prohibitions of the Labor Code.1 The judgment must be reversed. Plaintiff, a laborer employed by a subcontr...
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266 Cal.App.2d 854 (1968) 72 Cal. Rptr. 756 CHIZUKO ISHIMATSU, Plaintiff and Appellant, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, Defendant and Respondent. Docket No. 24471. Court of Appeals of California, First District, Division Three. October 28, 1968. *856 Garry, Dreyfus, McTernan & Brotsky, Charles R. Garry and Fay Stender for Plaintiff and Appellant. Thomas J. Cunningham, Milton H...
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On January 5, 1966, a will of decedent executed in 1965 was admitted to probate. On July 7, 1966, *867respondents, surviving niece and nephew of decedent, offered for probate a 1953 will and a 1963 codicil thereto, seeking their admission, jointly with the 1965 document, as decedent’s last will. Appellants, the heirs at law of decedent’s predeceased spouse, opposed the petition. The 1965 will revo...
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Michael Schwartzman, Michael Franz, and Allan Joseph Watson each appeals from his conviction of murder in the second degree. The three appellants and one John Anthony Schumacher were together charged by information with the murder of Charles James Clark in violation of section 187 of the Penal Code. Appellants were duly arraigned with counsel and each pleaded “not guilty.” Their joint motion fo...
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The only question on this appeal is whether the Utah Home Fire Insurance Company (“Utah”) did or did not furnish uninsured motorists coverage to the defendant McCarty. The trial court held that it did. We agree. When McCarty applied to automobile liability insurance he signed an endorsement form entitled “Waiver of Family Protection or Protection Against Uninsured Motorists Coverage. ’ ’ T...
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Mr. Fred O. Bowne, the surviving husband of Gertrude Bedford Bowne, deceased, filed a petition for *897determination of entitlement to distribution of her estate. He appeals from the judgment which provided, among other things, that he was entitled to $1.00. Mrs. Gertrude Bedford Bowne made a typewritten will on October 16,1958, which stated, in part: “Fifth: I hereby give and bequeath to my grand...
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The State Board of Pharmacy, its members and its executive secretary, appeal from a judgment in administrative mandamus (Code Civ. Proe., § 1094.5) entered on February 6, 1967. This judgment, by means of the paragraphs therein designated as (5) and (6), set aside certain penalties the board had imposed upon respondent corporation and remanded the case to the board for reconsideration of those pena...
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Petitioner seeks a writ of mandate to require the *909 respondent superior court "to dismiss an action against petitioner on the ground that no return o£ the summons with proof of service was made within the three-year period specified in section 581a of the Code of Civil Procedure. 1 In that action, Olivia Flores (real party in interest herein) as plaintiff sued Rober...
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Statement of the Case The defendant was charged by information with the crime of burglary, a felony, in violation of section 459, Penal Code. He was also charged with having suffered three prior convictions of felony. 1 Prior to the trial the defendant admitted the truth of the allegations of the prior convictions of felony. Upon the trial the jury returned its verdict finding the defendant...
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Defendant appeals from the judgment of conviction after jury verdict of violation of Penal Code, section 470 (forgery and uttering). 1 Questions Presented 1. Alleged prejudicial misconduct of the deputy district attorney (a) in attempting to prove an alleged incriminating statement by defendant to a bail bondsman, (b) alleged reference to items which court held inadm...
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266 Cal.App.2d 942 (1968) JOHN T. HARTONG et al., Plaintiffs and Respondents, v. PARTAKE, INC., Defendant and Appellant. Civ. No. 24127. California Court of Appeals. First Dist., Div. Two. Oct. 30, 1968. Boccardo, Blum, Lull, Niland, Teerlink & Bell, and Edward J. Niland for Defendant and Appellant. Collins, Hays & Stewart, Collins, Hays, Stewart, Sanford & Berg and Walter V. Hays for Plaint...
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This is an appeal on the judgment roll from a decision of the municipal court in favor of the plaintiff enforcing a sales tax liability against the appellant on a cause of action alleged under and pursuant to section 6711 of the Revenue and Taxation Code. ■ The defendant interposed demurrers alleging a special defense that' the cause of action was barred by the three-year statute of limitations pr...
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Petitioner Stauffer Chemical Company is a defendant in nine separate suits seeking damages allegedly caused by an agricultural weed killer. Although all the plaintiffs farmed in Modoc County, they filed the suits in Siskiyou County where a codefendant resided. Stauffer moved to change venue to Modoc County. In four of the suits the plaintiffs were landowners, alleging damage to their soil as well...
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At defendant’s preliminary examination his oral confession, admitted over objection, was the only evidence connecting him with the burglary. Bound over for trial, he moved to set aside the information. The superior court granted his motion, concluding that his confession was gained without an effective waiver of the rights enumerated in Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694, ...
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Defendant appeals from a conviction of the offense of possession of marijuana following trial by the court without a jury. The sole issue on appeal is whether police action in stopping, detaining and questioning defendant, which culminated in the discovery of marijuana in his possession, constituted an unlawful search and seizure. At 5 :15 a.m. on November 7, 1965, two police officers in a patr...
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Defendants Benjamin Grays and Alfred Smith, Jr., were jointly charged by indictment with two counts of selling heroin, in violation of section 11501 of the Health and Safety Code. Defendant Smith subsequently entered a plea of guilty, and the case proceeded to trial against defendant Grays only. After a trial by jury, he was acquitted of the first count and convicted of the second. He appeals fro...
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Plaintiff instituted this action seeking a refund of property taxes paid under protest. The taxes were paid pursuant to combined escaped and penal assessments made by the county assessor for the tax years beginning in 1963 and 1964. The penal assessments were imposed upon the determination of the assessor that plaintiff had misrepresented and underreported the costs of its inventories for those y...
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Defendants appeal from judgments of conviction entered after a jury found them guilty of burglary and grand theft. A 1964 Pontiac with license No. KDU 196 was stolen from a Los Angeles used car lot. The locked office where the keys to the ear were kept was broken into. The burglary and theft occurred sometime after the lot was closed on the night of November 24, 1965, and before it reopened on the...
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The court found appellant Samuel Wade (hereafter defendant) guilty of second degree burglary, found that he had suffered a prior felony conviction and sentenced him to prison. Wesley Wade, also charged with the same offense, was found not guilty. In this appeal from the judgment, defendant maintains that his conviction is not supported by the evidence and that it is the product of an illegal arres...
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Plaintiff, Union Bank (“Bank”), appeals from a judgment of dismissal, entered after the demurrer of defendant Max Gradsky (‘ ‘ Max ”) to the complaint was sustained without leave to amend. The trial court dismissed the action on the ground that section 580d of the Code of Civil Procedure shielded a guarantor of a note secured by a first deed of trust from liability for the deficiency remaining af...
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This proceeding was commenced on August 14, 1968, by a “petition for writ of prohibition” asking this court to overturn an order of the superior court made on August 12, 1968, hi a proceeding entitled Recall Reagan Committee, Inc. et al. v. Lee, et al., No. 936777. *50In view of the necessity for a prompt determination of the important issue, this court ordered the original superior court file tra...
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A jury found defendants McKee, Waite' and Richard Bennett guilty of felonious assault. McKee and Waite appeal from the judgments. The prosecution established that two girls, Ernestine (Cookie) and Linda, as well as the three defendants, were in the Zombie Zula bar. At closing time, approximately 2 a.m., Cookie, followed by John Hunsaker, another patron, and Doug Pace, an employee, left the prem...
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This is an appeal from a decree [judgment] denying a petition to determine heirship, wherein the petitioner sought an order compelling the coexecutors of the decedent’s estate to satisfy and exonerate an indebtedness secured by a deed of trust upon a Laguna Beach residence owned by petitioner and decedent as joint tenants. During his lifetime, the decedent Roy P. Dolley had been a prominen...
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Plaintiff appeals from a judgment of the superior court denying his petition to present a late claim against the City of Madera after the statutory period of 100 days had expired but before the expiration of one year from the date of the accrual of the cause of action. On July 15, 1966, plaintiff made application to the Madera City Council for leave to present a late claim on a cause of ac...
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Plaintiff John H. Wouldridge appeals from a summary judgment in favor of defendants Alfred Burns and Vera Burns. The following facts which were before the trial court on the motion for summary judgment are undisputed. Plaintiff filed an action against defendants Burns and three others. Damages were sought against all defendants for fraud in the sale of an apartment house to plaintiff. Duri...
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Having been arrested and charged with violating section 311.2, Penal Code (exhibiting and selling obscene material), plaintiffs by their second amended complaint. first cause of action, sought a declaratory judgment that the statute as applied by the real parties in interest deprives them of rights guaranteed by the First, Fourth and Fourteenth Amendments, United States Constitution, and that rea...
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This is an appeal by the People from the granting of the motion by defendant to dismiss, pursuant to Penal Code section 995, a charge of violating section 187 of the Penal Code (murder). *95 Sylvia Garcia testified that she had been living with defendant Garcia as his common law wife. Troy King, the victim, was a friend of hers and Garcia’s, and King had lived with them at their Sunset Boulev...
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Plaintiff suffered a serious industrial injury-while employed at a sawmill operated by Pickering Lumber Corporation. After receiving his workmen’s compensation benefits, plaintiff brought this action for damages against State Compensation Insurance Fund (hereafter Fund) and California Inspection Rating Bureau (hereafter Bureau). The Fund is Pickering’s workmen’s compensation insurer and th...
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On September 10, 1963, plaintiff sued to recover damages for personal injuries allegedly sustained on October 18, 1962, in a fish and poultry market. Plaintiff stated that her injuries were caused by the negligent conduct of defendant Luigi Sesto while acting within the scope of his employment by defendant Excelsior Fish and Poultry, which allegedly owned and operated the market. Defendant Exce...
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This is a proceeding to review and annul a decision of the Workmen’s Compensation Appeals Board, that petitioner take nothing on her application for a supplemental award based on the serious and willful misconduct of the employer of her deceased husband. On September 10, 1965, while employed by the Bethlehem Steel Corporation in the erection of the steel framework of a multistoried building in the...
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This is a proceeding for a writ of mandate requiring the Superior Court for Los Angeles County to vacate an order that the disputes between the parties be arbitrated in accordance with the terms of the contracts in writing between them. Petitioners, plaintiffs in the action in the superior court, contend that the order is void as a matter of law. We have concluded that a peremptory writ should is...
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This appeal presents the question whether the words “concerning real property” in the 1959 amendment to the lis pendens statute (Code Civ. Proc., § 409) permit recording of notice of an action whose outcome can in no way affect title to or possession of real property, Plaintiff-contracted to secure a loan to finance proposed improvement of defendant’s land, sued for defendant’s alleged breach the...
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Robert Hoffman, guardian ad litem of the minor Wendy Hoffman, a beneficiary under the will of Henry Hoffman, deceased, appeals from two orders issued by the superior court following hearings on petitions for instructions filed by Union Bank as executor of Henry Hoffman’s estate. Union Bank filed four petitions for instructions with the court: (1) Petition for Instructions Re: Defense of Litigation...
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Desert Bermuda Properties and Southern California Aircraft Corporation (collectively hereafter Desert Bermuda) sued Union Bank for trust funds wrongfully used. Union Bank cross-complained against Eugene Weinberger, and Weinberger in turn cross-complained back against Desert Bermuda. From a summary judgment for $27,471 in favor of Desert Bermuda, Bank appeals. From the computation of interest on...
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On April 21,1966, defendant pleaded guilty to the offenses of burglary (Pen. Code, §459) and taking a motor vehicle without the consent of the owner (Veh. Code, §10851). The two offenses were charged by separate informations. Each information alleged that defendant had previously been convicted of three felonies, to wit, robbery (Pen. Code, § 211) in 1956, escape (Pen. Code, § 4530) in 1957, and ...
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This is a wrongful death action brought by the widow and two adult sons of Julius Benson Hilts, who was fatally injured when the vehicle that he was driving collided with a truck driven by defendant Vernon L. Wallis and owned by defendant Valley Livestock Co. (hereinafter referred to as “Valley”). Plaintiffs alleged negligence of Wallis and Valley and also alleged against the County of Solano (he...
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State Board of Pharmacy filed an administrative accusation charging Arenstein and Ursem each with refilling a prescription for a dangerous drug without authorization of the prescriber (§4229, Bus. & Prof. Code), and that the corporation was subject to discipline because of their acts (§4357, Bus. & Prof. Code). 1 The board adopted the hearing officer’s proposed decision holding the t...
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The People appeal from an order which granted a motion, under Penal Code, section 995, to set aside a criminal information which charged defendant with possession of marijuana in violation of Health and Safety Code, section 11530. The trial court concluded that an unlawful search and seizure was established by the following facts as reported in the transcript of proceedings at the preliminary hea...
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Plaintiffs allege that they constitute 26 out of 48 creditors of Jay Parker, an insolvent subdivider. They sue individually and as members of a class consisting of themselves and the other 22 creditors. In addition to Parker and his wife, defendants are West Coast Savings and Loan Association (and several associated firms and individuals), a named firm of certified public accountants, and Willi...
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United Farm Workers Organizing Committee, AFL-CIO, an unincorporated labor organization, on strike, and Epifanio Camacho, one of the strikers, petitioned this court for a writ of prohibition to prevent the Superior Court of the State of California in and for the County of Kern from proceeding to hear a petition for civil contempt in the absence of a jury. The strike in which the petitioners are i...
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Petitioners, Stephen Cook (a reporter for the newspaper “Independent-Journal”), Jack Craemer (editor of the “In depen dent-Journal”) and California Newspapers, Inc. (owner and publisher of the “Independent-Journal”), seek this writ of mandate to compel respondent *218 superior court to vacate its order prohibiting the inspection of the transcripts of the testimony of witnesses at g...
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This libel action against a Watsonville newspaper and its editor is based upon an article published on April 30, 1964, the day after plaintiff was arrested on a charge of grand theft, of which he was subsequently acquitted by a jury. Plaintiff does not allege malice. Defendants obtained a summary judgment based upon the privilege or immunity given by statute to a public journal to publish a fai...
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This appeal by the lessees (Arnold and Vida L. Santueei) from a conditional order granting a new trial to the lessors (McKeegan, Henry and McKell) after a jury trial to apportion a condemnation award in the stipulated amount of $150,000, presents a question of first impression under the 1965 amendments to section 657 of the Code of Civil Procedure as construed in Mercer v. Perez, 68 Cal.2d 10...
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This appeal involves a condemnation proceeding. In an action filed by the City of Los Angeles (hereafter referred to as City), on May 14, 1965, said City sought to condemn (among other parcels) a particularly described parcel of land upon which was erected a grocery market building; also included in the action was a parcel of land which was owned by Allen’s Grocery Co., Inc., and which was...
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Martin Barassi, the natural father of three minor children, Therisa, Sharon and Martin, Jr., appeals from a judgment of the superior court declaring these children free from the custody and control of their natural father and granting the petition of their great-uncle to be appointed guardian of their persons and estates. Appellant contends that the decision is contrary to the law because there...
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The plaintiff, Lawrence D. Clark, is the surviving husband of Lottie R. Clark, deceased. The defendant, Charles TI. Carter, is the special administrator of the deceased spouse’s estate. Prior to the wife’s demise, the Clarks acquired, in 1964, as joint tenants, a promissory note secured by deed of trust in the principal sum of $34,700, upon which a balance remained due of $31,444.96 at the date o...
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In an opinion filed April 26, 1968 (Cal.App.) 68 Cal.Rptr. 71, this court affirmed an order admitting defendant to probation after his conviction by the court of possession of marijuana in violation of section 11530 of the Health and Safety Code. His conviction followed the denial of his motion to suppress evidence. Defendant’s contention that the evidence used against him was the result of an un...
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Defendant appeals following jury conviction on May 18, 1967 of grand theft (Pen. Code, § 484). The sole issue on appeal is whether the trial court abused its discretion in ordering the trial to proceed after appellant’s counsel announced that he had become ill the night before the trial was scheduled to commence and was unable to proceed. Facts- On February 14, 1967, at the request of appella...
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This is a proceeding in which the applicant for workmen's compensation benefits seeks annulment of the award made by the Workmen’s Compensation Appeals Board. On October 11, 1965, applicant, a 27-year-old grip, employed by the 20th Century Fox Films, sustained an admitted industrial injury when he fell approximately 20 feet from a rolling camera mount. It was established that he had sustained s...
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The defendant was charged with the crime of robbery by an information containing three counts. In a trial by jury he was found guilty, each offense being determined to by of the first degree. The court sentenced him to be punished by imprisonment in the state prison. He has appealed from the judgment. The first contention made is that the defendant was denied his constitutional right to a speed...
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Appellant Woodberry, together with his codefendants Kenney and Magee, were charged with murder (Pen. Code, § 187). Their joint trial commenced with the selection of a jury on August 23, 1966. On August 25 the charge against Magee was dismissed on motion of the People and the trial proceeded against the other two. On August 31, before the People’s case had been completed, all parties waived a jury...
Views: 8
In two informations (consolidated for trial), defendant was accused in three counts of armed robbery. He denied allegations of the information that he had been convicted previously of a felony (robbery). In a nonjury trial he was found guilty as charged. No disposition was made of the alleged prior conviction. He appeals from the judgment and the sentence. Appellant contends that he was de...
Views: 8
This is a. proceeding for a writ of prohibition restraining the Superior Court for Los Angeles *371 County from enforcing an order setting certain contempt proceedings for trial before a jury. We have concluded that the writ must be granted. There is now pending in the respondent court ■ an action entitled The Pacific Telephone and Telegraph Company v. X and Y Construction Com...
Views: 4
Robert V. Jones, presently an inmate of the California state prison at Folsom, has filed in this court the instant petition for a writ of habeas corpus on the ground that he was denied his constitutional right to counsel during 1960 proceedings before the superior court in Kern County and that he did not intelligently waive such right. Petitioner was arraigned on July 27,1960, and a preliminary ex...
Views: 0
In an information, defendant was accused in two counts of perjury. Count 1 alleged in substance that defendant knowingly and falsely answered material questions while under oath at a hearing before a referee appointed by the Supreme Court on defendant’s petition for a writ of *387 habeas corpus. (His answers were in effect that he was subjected to brutality by police officers at th...
Views: 7
In a jury trial, defendant was found guilty of grand theft. He appeals from the judgment. Appellant contends that (1) the evidence is insufficient to support the verdict, (2) the court erred in instructing the jury, and (3) the court erred in sustaining an objection by the People to a question regarding an investigation which defendant assertedly made. Mr. and Mrs. Searles own a shop in Bever...
Views: 2
The proceeding is in mandate seeking annulment of the granting of a use permit by the City Council of the City of Dairy Valley for the establishment of a fertilizer plant. Upon the completion of the opening statement of petitioners the court granted a judgment of nonsuit under section 581e of the Code of Civil Procedure upon motion of the respondents. The petitioners appealed. Dairymen’s F...
Views: 7
This case comes before us upon a petition for a writ of mandate to compel the respondent court to quash the substituted service of summons and complaint upon petitioner, an Illinois corporation 1 which has never qualified to do business in California. (See Code Civ. Proc., § 416.3.) This service was effectuated pursuant to Corporations Code, section 6408, in an action for breach of a...
Views: 2
Defendant Sun State Music Distributors, Inc. (“Sun State”) appeals from a summary judgment awarding plaintiff damages in the sum of $14,428.59. One Cherubin owed plaintiff about $16,500 on a judgment which plaintiff had obtained against Cherubin. A writ of execution had issued on that judgment and on October 15, 1965, plaintiff caused the writ to be levied on the furniture, fixtures, equipment and...
Views: 0
Defendant, William R. Lilliock, appeals from a judgment sentencing him to state prison pronounced upon a jury verdict finding him guilty of a murder of the second degree, after his motion for new trial was denied. (Pen. Code, §§ 187, 189, 190.) We have for review the second trial against the defendant for murder. On the first trial, he was tried jointly with his codefendant, Oliver Stanley Will...
Views: 13
Indicted for grasad theft (Pen. Code, § 484) and for assault by means of force likely to produce great bodily injury (Pen. Code, §245), defendant entered a plea of not guilty as to each count, waived a jury trial, waived his right to the assistance of counsel, and proceeded to trial in propria persona. He was found guilty of both charges and moved for a new trial. At the time of the hearing on th...
Views: 5
The appellant, Reba Rawlings, appeals from a judgment in favor of the defendant doctor, Charles P. Harris, in a malpractice suit. As the contemporaneous result of a panhysterectomy operation, the plaintiff became afflicted with a vesieo-vaginal fistula; this fistula leaked urine from the bladder through the vagina of the plaintiff constantly day and night “like a water faucet” for a considerabl...
Views: 4
This concerns an appeal from an order revoking probation. In an information filed in Los Angeles on September 28, 1961, Ralph Vanella with two eodefendants was charged with having in his possession on August 5, 1961, marijuana. One of the codefendants was alleged to have been convicted previously of robbery in Los Angeles County in 1952. Vanella was found guilty as charged in the information an...
Views: 11
On February 5, 1962, a court found defendant guilty of possession of marijuana (§ 11530, Health & Saf. Code) as charged in information No. 249809; he was represented by retained counsel C. F. Legeman. Proceedings were suspended and probation was granted for a period of three years. No appeal was taken from the judgment. On December 10, 1963, defendant was charged by information No. 281894 with pos...
Views: 0
This is an appeal from a judgment of conviction of murder in the second degree. In an information filed in Los Angeles on May 12, 1966, Muriel Weisberg was charged with murdering David Weisberg on April 19, 1966. Defendant pleaded not guilty and in a non jury trial defendant was found guilty of murder of the second degree. Defendant was sentenced to the state prison. A timely notice of appeal w...
Views: 4
This is an appeal by Alfred Taubman and Carol Taubman, his wife, from an order denying their petition under section 232 of the Civil Code to have Kevin Michael Neal declared free from the custody and control of his father, Ronald Bruce Neal. Civil Code, section 232, in its pertinent part, reads as follows: “An action may be brought for the purpose of having any person under the age of 21 year...
Views: 17
This is an appeal by Northwestern Savings and Loan Association (Northwestern), the construction project lender, from a judgment awarding Idaco Lumber Company (Idaco) the full amount specified in a stop notice claim for the value of materials furnished under a building construction contract. Idaco also appeals, claiming a greater amount of interest and that the allowance for costs for bond premi...
Views: 2
This is a proceeding for a writ of mandate to compel the Superior Court for Los Angeles County to dismiss an action now pending in that court against petitioner and others. On January 22, 1965, John Fernandes filed a complaint in the respondent court to recover damages for personal injuries allegedly suffered on January 24, 1964, while employed by Maid-Rite Cabinet Co. On March 26, 1968, petiti...
Views: 27
Plaintiff insurance carrier appeals from an' adverse judgment in a subrogation action predicated upon an insurance claim paid a landlord for fire loss alleged to have been caused by defendant tenants. The appeal encompasses an order denying a motion for judgment notwithstanding the verdict. In January 1965 the Lombards leased their furnished home in Fresno County to defendants, by án oral lease. B...
Views: 0
Petitioner, Rose E. Buescher seeks to review a decision of the Workmen’s Compensation Appeals Board (hereafter referred to as the board), denying petitioner a death benefit under the Workmen’s Compensation Law and a pension under the Public Employees’ Retirement Law. Petitioner is the surviving widow of Henry J. Buescher, who died June 15, 1965, as a result of a heart attack. At the time of his...
Views: 6
Appellant John Leslie Crary was convicted of violating Penal Code section 211 (and pursuant to Penal Code section 211a the jury fixed the degree as robbery in the first degree) as charged in the information filed by the District Attorney of Stanislaus County which charged appellant and his codefendant, Prank Stanley Pust, Jr., with stealing $2 worth of gasoline by means of force and fear and the u...
Views: 0
Defendant appeals from his conviction, by a jury, of kidnaping for the purpose of robbery, the victim suffering bodily harm, Penal Code section 209, two counts of armed robbery, Penal Code section 211a, and two counts of assault by means of force likely to produce great bodily injury, Penal Code section 245. Defendant admitted a prior conviction of felony. The jury was unable to agree upon a verd...
Views: 4
Following a judgment condemning a parcel of real property to San Francisco Bay Area Rapid Transit District, proceedings were had pursuant to Code of Civil Procedure section 1246.1 to apportion the $33,000 condemnation award as between Donald Moore and Sanfar Laboratories, Inc., the owner and lessee, respectively, of the subject property. Sanfar appeals from the judgment in those proceedings, wh...
Views: 2
In this action to set aside a certain transfer of goods as in fraud of creditors or alternatively to recover the value of the transferred goods, both plaintiff, Associated Creditors’ Agency, and defendant, Raymond Darrah, appeal from the trial court’s judgment awarding plaintiff $2,900. 1 Since these appeals are taken on the clerk’s transcript alone, the following rules of review apply: the r...
Views: 6
This is an appeal from a judgment declaring that appellants as the successors to Walker Mining Company are the owners of certain stocks and cash presently held by respondent Federal Insurance Company, but that appellants are not presently entitled to delivery of this property because it serves as collateral to offset all liability for workmen’s compensation claims to which Federal may be exposed b...
Views: 0
The State Board of Equalization appeals from that portion of the judgment by which Western Contracting Corporation (“Western”) was adjudged entitled to a refund of use tax in the amount of $36,267.81. The tax was assessed and paid on the use in California by Western of the dredge “Western Eagle” which was built by Western at its facility in Kansas City, Missouri. The use tax was measured by the...
Views: 3
This is a mandate action to compel the State Department of Industrial Relations and the Division of Industrial Welfare to enforce orders regulating minimum wages, maximum hours and working conditions of women and minors employed in agricultural and allied pursuits, also to compel vacation of partial restraints against enforcement which have been issued by the Superior Courts of San Francisco an...
Views: 10
The People appeal from an order granting defendants’ motion to dismiss under Penal Code, section 995. *609 The information charged the three defendants, Donato Angelo Cirilli (Cirilli), Jim Ray Rosa (Jim Rosa) and Robert Wayne Rosa (Robert Rosa) with possession and transportation of marijuana. Facts At 2:07 a.m. on September 7, 1967, Tray L. Sirks, a police officer for the City of Orange, o...
Views: 17
This is an appeal from a judgment of conviction on three counts of robbery. *615 In an information filed in Los Angeles on May 26, 1967, Colonel Bolt was charged in count 1 with robbing Albert Judson and Rapid Transit District of personal property on or about March 16, 1967; in count 2 with robbing Donald Robinson and Rapid Transit District of personal property on or about April 10, 1967; and...
Views: 12
This appeal concerns the propriety of a summary judgment granted on motion of defendants in an action to recover a loan broker’s commission. Plaintiff is Hayward Tamkin and Co., Inc., described as a mortgage banking corporation (whose corporate name prior to *619 September 7, 1965, was Security Mortgage Investment Co. of California). Defendants are Carpenteria Investment Compa...
Views: 4
Appeal from judgment of conviction after jury trial of violation of section 20001 of the Vehicle Code (failure by a driver of a vehicle involved in an accident to stop). Questions Presented: 1. Defendant knew that she was involved in an accident. 2. Section 20001 of the Vehicle Code does not violate a defendant’s privilege against self-incrimination. 3. Statute is not unconstitutionally...
Views: 9
Plaintiff was injured in an accident involving three automobiles; was a passenger in one of the automobiles; recovered judgment against the drivers of the other two automobiles; and appeals from an order granting a new trial as to one of the drivers. The accident happened on a foggy morning at about 7 o’clock. An automobile driven by the defendant Eleanor Emerald, after entering and procee...
Views: 3
Defendants were convicted of possession of heroin (violation of Health and Safety Code section 11500). On appeal, they contend that in their non jury trial the court’s finding of guilt depended upon evidence procured *644as- the result of an unlawful search. Our holding is ■ to the contrary. ■ On June 8, 1966, at approximately 9 p.m., Inspectors Martin, Lawler, and Arrieta of the San Francisco Pol...
Views: 4
Defendant, the Department of Motor Vehicles, appeals from a judgment decreeing issuance of a writ of mandate directing it to grant plaintiff, Turner, a hearing in a proceeding instituted pursuant to the financial responsibility provisions of the Vehicle Code (Veh. Code, §§ 16000 et seq.), and to set aside its order suspending his driver’s license until the hearing had been determined. On Novemb...
Views: 6
Petitioner, Jerry D. Ryan, sustained a “cervical spine injury,” industrially caused on January 15, 1966; received treatment from his physician, Dr. Hartelius, under authorization from State Compensation Insurance Fund to June 29, 1966, and thereafter without authoriza *656 tion; received temporary disability compensation to June 11, 1966; and applied for further temporary disability compensatio...
Views: 6
Appellant herein appeals from a judgment of conviction of possession of a dangerous weapon by a previously convicted felon. In an information filed in Los Angeles on February 23, 1967, Harold Mackie with codefendant Earl Hamilton was charged in count 1 with the burglary of a sportswear business on or about January 14 to January 16, 1967; in count 2 with codefendants Willie Brown and Hamilton with ...
Views: 2
Defendant was charged with grand theft (auto) in violation of Vehicle Code section 10851 (count I), and grand theft (auto) in violation of Penal Code section 487, subdivision 3 (count II). Five prior felony convictions were also alleged. Defendant entered a plea of “not guilty” and denied the prior convictions. Out of the presence of the jury defendant admitted all five prior convictions. The jur...
Views: 13
Defendant has appealed from a judgment sentencing him to state prison, with an admitted prior conviction for burglary, after a jury found him guilty of robbery in the second degree. He contends that he was denied his rights under the Sixth Amendment of the United States Constitution because the court, over his objection, admitted in evidence the testimony of the victim as it was reported in a prio...
Views: 1
Defendants appeal from a judgment rescinding a conditional automobile sales contract between plaintiffs who are husband and wife, and defendant Arata Pontiac. Defendant Bank of America was the assignee of said contract. Defendants Goodsell and Ellis were employees of defendant Arata Pontiac, a Pontiac dealer. The sole issue on appeal is the sufficiency of the evidence to support certain findings o...
Views: 0
Respondents Francis J. Sweeney and Mary K. Sweeney brought this action against appellants Charles W. Stone and Isabel Stone seeking damages based upon theories of negligence, express warranty, implied warranty and fraud. Respondents also sought rescission of a contract for the sale of real property wherein the Stones were sellers and the Sweeneys were buyers of a certain house and lot in Contra C...
Views: 7
After a non jury trial, defendant appeals from a judgment convicting him of three counts of felony (violation of Health and Safety Code section 11531, sale of marijuana). Consideration of the contentions advanced on appeal does not require a. detailed recital of the facts. We have reviewed the record and find that there was ample evidence that appellant gave two marijuana cigarettes to Officer ...
Views: 14
Defendant was charged with two others, Hernandez and Muriel, with possession of heroin (§ 11500, Health & Saf. Code) and a prior felony conviction (§ 211, Pen. Code). Defendant and Hernandez were tried separately from Muriel; the court found defendant guilty as charged and the allegation of the prior felony conviction to be true, and acquitted Hernandez. Defendant appeals from the judgment. ...
Views: 6
Defendant was charged with possession of marijuana (Health & Saf. Code, §11530). A preliminary examination was held before a judge of a justice court, who found sufficient cause for the prosecution and held defendant to answer. Thereafter in the superior court defendant made a motion to set aside the information under Penal Code section 995, which motion was granted and the ease dismissed. The ...
Views: 4
After a trial before the court sitting without a jury, defendant was found guilty of robbery, second degree (Pen. Code, §§ 211, 211a). He is appealing from the judgment. His notice of appeal also refers to the order denying a new trial, which is not an appealable order. The evidence in the record is adequate to support the judgment, when tested by the standard applied in a reviewing court. The ...
Views: 12
Plaintiff Donnelly recovered a $25,000 judgment from the defendant Alice E. Welles.1 Facts The undisputed facts of the accident out of which this litigation arose are these: Plaintiff was westbound on Valley Boulevard; he was riding a motorcycle; the intersection had “left turn slots” in all directions; defendant, who had been *719eastbound, was in the process of making a left turn onto New Avenue...
Views: 3
The question for decision is whether section 89 of the Code of Civil Procedure, defining the jurisdiction of the municipal court with respect to the amount in controversy, may be circumvented by a label. More specifically the issue is whether a fully matured cause of action for money damages in an amount of $5,000 or less, where nothing remains to be done but the payment of money and where no ...
Views: 2
265 Cal.App.2d 729 (1968) 71 Cal. Rptr. 641 THE PEOPLE, Plaintiff and Respondent, v. WILLIAM H. FANNING et al., Defendants and Appellants. Docket No. 13506. Court of Appeals of California, Second District, Division Five. September 16, 1968. *730 Daniel L. Dintzer and Herbert E. Selwyn, under appointments by the Court of Appeal, for Defendants and Appellants. Thomas C. Lynch, Attorney General, Eli...
Views: 11
The Workmen’s Compensation Appeals Board granted reconsideration of a referee’s recommendation and thereafter issued an order denying death benefits to petitioner, an allegedly dependent widow of Carl Brennfleck. Petitioner seeks annulment of said order. The petition raises two contentions. The first contention is that the appeals board was without power to grant the employer’s petition for rec...
Views: 6
Defendant was charged and convicted in a nonjury case of violation of Penal Code, section 647, subdivision (a), After the conviction, the trial court granted a new trial on the ground of insufficiency of the evidence to constitute a violation of Penal Code, section 647, subdivision (a). Prom this ruling the People appealed to the appellate department of the superior court upon an agreed settled s...
Views: 2
The Doo family, husbands and wives (George and Ying, Jack and Fun, Kenneth and Ruby, Quong and Jennie), were partners in the retail grocery business in Turlock; at times they ran three major markets and during other periods two; one of their stores was located on Landers Avenue. The plaintiffs were building a larger and more modern market on the same street, and, therefore, projected the sale o...
Views: 10
Defendant was tried before a jury and convicted of burglary in the second degree (violation of Pen. Code, § 459). He contends on appeal (1) that the evidence used against him was obtained by an illegal search and seizure; (2) that the trial court erred in failing to instruct on an essential element of his defense regarding intoxication, which could negate intent, and (3) that there were errors in...
Views: 7
Appellant herein was convicted of two counts of second degree burglary of two stores. He was committed to the Department of Corrections under section 3051 of the Welfare and Institutions Code. A petition for writ of habeas corpus was denied; criminal proceedings were reinstated and he was sentenced to state prison for the term prescribed by law. Appellant’s contentions on appeal are confined to...
Views: 0
This matter involves an appeal from a judgment of conviction of robbery in the second degree. In an information filed in Los Angeles on December 16, 1965, Levy Williams and Lionel Jackson were jointly charged with robbing William Thompson of his wallet and identification items on November 21, 1965. In a trial before the judge without a jury each of the defendants was found guilty as *784charged an...
Views: 1
Pursuant to mandate of our Supreme Court to proceed in accord with Anders v. California, 386 U.S. 738 [18 L.Ed.2d 493, 87 S.Ct. 1396] and People v. Feggans, 67 Cal.2d 444 [62 Cal.Rptr. 419, 432 P.2d 21], we have recalled our remittitur and vacated our unpublished opinion heretofore filed on September 16, 1964 (petition for hearing denied November 10, 1964), affirming judgment in this ease. Appella...
Views: 5
This proceeding in mandamus was brought *794by plaintiffs to compel defendants to terminate certain proceedings which were then pending for the annexation of uninhabited territory. After a hearing in which the only contested issue involved the effect of the 1963 amendment to subdivision (b) of section 35313 of the Government Code (Stats. 1963, ch. 1082, §1, p. 2544), judgment was entered for defen...
Views: 0
John Horman1 died on December 25, 1961, in Orange County and left an estate in excess of $450,000. The public administrator was appointed administrator of the estate in January 1962. Three years later, in January 1965, the State of California filed a petition for decree determining interest in estate which stated: that the decedent left no surviving spouse, kindred nor heirs; that various persons ...
Views: 0
An order of examination was issued by *813 respondent superior court directing Eichard G. Alberton to answer questions which were relevant to enforcement of a judgment which had been rendered against him and Stanley A. Bergman. Motion to vacate the order of examination was made and was denied. Alberton and Bergman then sought a writ of mandate or prohibition to nullify the order of examination....
Views: 2
This is an appeal from a judgment of conviction of robbery in the first degree. In an information filed in Los Angeles on April 6, 1967, defendant was charged with codefendant Myrtis Stepna with robbing Joseph Hoffman on February 3,1967. Each defendant pleaded not guilty. By stipulation the cause was submitted upon the testimony contained in the transcript of the proceedings had at the preliminary...
Views: 1
Appellant was charged with possession of marijuana, a violation of section 11530 of the Health and Safety Code. Six priors were alleged. Appellant personally and all counsel waived trial by jury. Appellant was found guilty as charged. The fifth and sixth prior convictions alleged were found to be true, and the other prior convictions were found not to be true. Appellant was sentenced to be impris...
Views: 6
This is a proceeding for a writ of mandate compelling the Superior Court for Los Angeles County to hear and determine on the merits a motion and a petition for instructions filed during her lifetime by Aline P. Logan as beneficiary of the testamentary trust under the will of her deceased husband, and a petition for instructions filed after her death by the special administrator of her estate. ...
Views: 2
This is an action by plaintiff (respondent) Pacific Automobile Insurance Company, a licensed liability insurance carrier in California., against the estate, widow, and sole heir of her coinsured, Kenneth J. Lang, deceased, and the American Arbitration Association. After issue was joined on a complaint and answer, there was filed a written stipulation of counsel that the action, commenced a...
Views: 2
Petitioner sought by this proceeding, to obtain a peremptory writ of prohibition, one that would put an end to further prosecution of the misdemeanor charge pending against him in the respondent court. An alter *845 native writ of prohibition was issued, and brought the proceedings to a hearing. The hearing ended in a judgment that the alternative writ be discharged and that the petition for a ...
Views: 6
Defendant was accused of violating section 11531 of the Health and Safety Code by selling, furnishing or giving away marijuana. On defendant’s motion a pretrial discovery hearing was held and, once the informant’s identity was learned, the matter was continued so the informant could be located. Defendant’s motion to appear in propria persona was denied and his petition for a writ of habeas corpus...
Views: 10
Decedent was bom in 1925 and married petitioner Gladys on August 29, 1947. Of this marriage, there were born the three minor children, who, with their mother, are parties to this proceeding through their guardian ad litem. The medical history reveals decedent had an injury to, or difficulties with, his lower back in 1952. Although this may have been discomforting to him, he worked until an inju...
Views: 1
The defendant, O. C. Hasson, Jr., confined in the Deuel Vocational Institution as a Youth Authority inmate, was charged with battery pursuant to section 4501.5 of the Penal Code, which reads as follows: " Every *866 person confined in a state prison of this state who commits a battery upon the person of any individual who is not himself a person confined therein shall be guilty of a felony an...
Views: 6
This is an appeal from a judgment against defendant Warren 0. Wagner and in favor of the plaintiff Tiburón National Bank on a promissory note executed by Mooney Yacht Company, a co-partnership. Appellant, Warren 0. Wagner, claims that there was no evidence to support the court’s finding and conclusion that he was liable on the note as a “general partner” of Mooney Yacht Company. Also joine...
Views: 1
This is a controversy between the lessors and lessee of land located at the outskirts of Visalia and owned by the plaintiffs and on which, by virtue of a lease with a long but uncompleted term, the defendant has constructed and is conducting a motel. The plaintiffs, living at Three Rivers in the same county and owners of the land, sued the TraveLodge Corporation for the balance of rental alleged ...
Views: 0
Defendant appeals following jury conviction of first degree murder. (Pen. Code, §§ 187, 189.) In an unpublished opinion (1 Crim. No. 4705) a prior first degree murder conviction was reversed on Dorado grounds. (People v. Dorado, 62 Cal.2d 338 [42 Cal.Rptr. 169, 398 P.2d 361].) Appellant was 17 years of age at the time of the murder and therefore the death penalt...
Views: 8
In this personal injury action, defendant pleaded an executed release of all claims as a special defense, and moved for summary judgment on that issue. The motion was granted. Plaintiff appeals. Plaintiff was injured October 15,1965, when her automobile was struck from the rear by one driven by defendant. She suffered pain in her neck and back, and was examined by a general practitioner of medi...
Views: 5
The petitioner John Schaaf sought a writ of mandamus to compel the defendant (respondent) J. E. Lewis, County Clerk and Registrar of Voters of Santa Barbara County, to certify that a referendum petition to submit Santa Barbara County Ordinance No. 1473 to the voters of that county filed by him on September 29, 1966. had attached to it the requisite number of signatures of registered qualified vot...
Views: 4
This is an appeal from a judgment of non-suit entered in appellant’s action for damages for personal injuries sustained in a fall on the basement stairs of a one-family home she had leased from respondent. Appellant contends that she was entitled to amend her complaint to state an additional cause of action for breach of warranty of personalty, and that she had presented sufficient evidence of ...
Views: 4
Plaintiff Anne Wetherbee brought this action against defendant United Insurance Company of *924 America to obtain declaratory relief, together with compensatory and punitive damages. Plaintiff’s first count alleged that she had purchased two policies of health and accident insurance from defendant, the first in 1958, the other in 1960; that said policies provided for a total p...
Views: 17
The Department of Motor Vehicles (“Department”) appeals from the judgment of the superior court *937 granting a writ of mandate which ordered the Department to set aside its decision suspending the driving privileges of plaintiff (respondent) for a period of six months. Respondent is a practicing attorney and represents herself on this appeal. These proceedings were initiated upon the Departm...
Views: 10
On this appeal by the State Controller from an order sustaining respondent’s objections to the report of the inheritance tax appraiser, the only question concerns the correct interpretation of the exemption from the California inheritance tax granted to a charitable recipient in a foreign country that does "not impose a legacy, succession, or death tax of any character in respect to property trans...
Views: 0
Appellant was found guilty in 1962 of possessing heroin (Health & Saf. Code, § 11500). He was placed in the California Rehabilitation Center for treatment of addiction (Welf. & Inst. Code, § 3051) and almost five years later was returned to court. Probation was then denied and judgment was pronounced. On appeal, it is contended that trial counsel’s incompetence amounted to a denial of due process...
Views: 0
This is an appeal from a judgment vacating an alternative writ of mandate and denying a peremptory writ. Appellant, a certificated public school teacher, was serving as a probationary teacher of mentally retarded pupils in the Santa Monica Unified School District (District) under the jurisdiction of respondents who, other than Dr. Alfred A. Artuso, were members of its Board of Education, herein...
Views: 2
Defendant and eodefendant Mendoza were accused of possessing heroin for sale in violation of Health and Safety Code section 11500.5. In count II, Joseph *962 Trujillo and Jesus Candelaria were charged with possession of heroin in violation of Health and Safety Code section 11500. It was also alleged that defendant was convicted of prior felonies, including one violation of Health and Safety Cod...
Views: 11
A municipal court jury found defendant guilty of the misdemeanor of driving while under the influence of intoxicating liquor (Veh. Code, § 23102). On this appeal he contends: 1. There was an insufficiency of the evidence to warrant a finding of guilty by the jury; 2. That the extrajudicial statements made by the defendant were admitted into evidence without the establishment of a corpus delicti; a...
Views: 7
This case involves the troublesome question of a check for a lesser amount tendered as payment in full of a liquidated and undisputed claim and bearing an endorsement stating that by such endorsement the creditor releases the debtor “from any and all claims or liability of any kind” as of the date of said check. Upon a reading of Civil Code section 1524: “Part performance of an obligation, either ...
Views: 0
Throughout this opinion we variously designate the appellant as the plaintiff and appellant, and the respondent as the defendant and respondent. The Facts On November 28, 1967, a complaint was filed in the municipal court charging the defendant with grand theft (violation of § 487, Pen. Code). The complaint alleged that between on or about December 15, 1965, January 15, 1966 and June 15, 1966, the...
Views: 8
The widow of a deceased employee seeks review and annulment of a “take nothing” order of the appeals board on her claim for death benefits. The decedent had been employed by the Honeywell Corporation for 11 years as an electrical engineer. His duties took him to various plants and factories in which the employer had installed electrical instrumentation equipment. On January 19, 1965, he we...
Views: 0
Defendant, after a jury waiver and submission on the transcript of his preliminary hearing, was found guilty by the court of possession of heroin. (Health & Saf. Code, § 11500.) Criminal proceedings were suspended and he was committed (pursuant to Welf. & Inst. Code, § 3051), to the California Rehabilitation Center for treatment. He was subsequently found by the Director of Corrections (under Welf...
Views: 0
This is an appeal from a judgment of conviction of kidnaping, robbery and assault with a deadly weapon. In an information filed in Los Angeles on November 3, 1966, defendant was charged in count 1 with kidnaping in that on October 3, 1966, he did forcibly take Marie and Philip Guernsey from one part of Los Angeles County to another part thereof; in count 2 with robbing Roy Führer of certain per...
Views: 10
The action is for personal injuries suffered by three plaintiffs in a collision of two automobiles. The car of defendants collided with plaintiffs’ car in passing it, causing it to leave the roadway and travel onto adjoining property where it crashed into a telephone pole. Plaintiffs are Michael Kolaric, his wife Anna and their minor son, Michael, Jr. The car in which plaintiffs were riding, a ...
Views: 0
In a prosecution arising out of six armed robbery episodes, the jury convicted the defendant Tom Cruz Carlin of: one count of murder of the first degree 1 (Pen. Code, §187), one count of kidnaping for purposes of robbery with bodily harm to the victim 2 (Pen. Code, §209), two counts of kidnaping for purposes of robbery (Pen. Code, §209), six counts of first degree robbery 3 (Pen. Code...
Views: 9
The suit is by the owner of an underlying fee of certain lake front property (Lake Tahoe) to enjoin defendant State of California, which owns a right-of-way thereover (a portion of State Highway No 89), from maintaining a “vista point” and “roadside rest” on said property. The issues framed in the court’s pretrial order were: (1) whether “the deed of . . . [plaintiff’s] predecessor in inte...
Views: 1
In this action for damages for inverse condemnation, the trial court sustained the demurrer of defendant State of California, without leave to amend, stating plaintiffs’ amended complaint failed to state a cause of action. Plaintiffs appeal from the trial court’s judgment that the action he dismissed with prejudice as to defendant State of California. By their first amended complaint plaintiffs...
Views: 22
Central Valley National Bank, claiming to be a creditor of the subject estate, appeals from an order allowing the payment of attorney’s fees from the funds of said estate. (Prob. Code. § 1240.) Charles P. Partridge died on January 5, 1966, leaving a witnessed will dated May 19, 1965 and codicils thereto dated May 28 and October 21, 1965. The appraised value of his estate, subject to administration...
Views: 2
Defendant was charged with the sale of heroin in violation of section 11501 of the Health and Safety Code. Defendant appeared, the public defender was appointed, defendant was arraigned, and the matter was continued. Defendant appeared with counsel and entered a plea of not guilty. Trial by jury was had, a verdict of guilty was returned, a probation report was ordered and the matter continued twi...
Views: 10
Petitioner noticed her appeal “from that certain order and judgment” of denial on'June 6, 1966, and a denial of her motion for reconsideration on September 23, 1966. On February 9, 1966, petitioner filed with the City of Santa Ana an application for leave to present a late claim. In that application petitioner alleged she had a cause of action for personal injuries which occurred on Septem...
Views: 14
One of the defendants, William Steitz, partner of William Hamrick in the operation of a Fresno restaurant called the “Desert Inn," appeals from a judgment against him and the partnership based on a promissory note for $6,700 principal, together with interest, attorneys’ fees, and costs. For approximately 20 years, both before and after the date of the note, Messrs. Steitz and Hamrick were partn...
Views: 0
Plaintiff, a licensed radial highway common carrier, brought this action to recover $11,935.22 from defendants on an open book account.1 During the trial plaintiff attempted to prove that the money which it sought to recover was for undercharges resulting from the transportation of defendants’ hay. Defendants, however, objected to plaintiff’s evidence on the ground that it was at variance with the...
Views: 1
Plaintiff, Larry West, is a former partner in a partnerership known as the W & K Trucking Company. The partnership was dissolved, and upon dissolution plaintiff acquired the partnership’s cause of action against defendant. In 1966 plaintiff acquired a $25,000 judgment against defendant Robert C. Holstrom in the Superior Court of Placer County. The judgment is for undercharges resulting from lum...
Views: 2
This action was commenced on November 13, 1963 by Bertha Tonini and Edward Milton Tonini, her husband. He died on December 20, 1963, and his co-executors *106(Bertha and their son, Edward, Jr.) were substituted in his place as a party plaintiff. The deceased is hereafter referred to as “ Tonini. ’ ’ The defendants who have appeared in the action are Robert Moor and Nella Moor, his wife, Tiburón Ti...
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Plaintiffs City of San Jose, the Retirement Board of the Federated City Employees’ Retirement System, and Jack Marzluft, the city auditor, brought this action for declaratory relief against defendants Chester Forsythe and the Municipal Employees’ Credit Union of San Jose. The facts are without dispute. Defendant Forsythe was an employee of plaintiff city from March 1, 1962 until March 2, 1964...
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The Circle K Corporation applied to the Department for an off-sale beer and wine license; protests were filed by the El Monte City Council, Byron E. Thompson as superintendent, El Monte School District, Mrs. Bette Minick, president, Charles E. Godley Elementary School P.T.A. and Ralph N. Klein, a resident of the area. The hearing officer made a series of nine findings, recommended that the prot...
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Defendant was found guilty of wilful failure to appear as agreed after having been released on his own recognizance on a charge of violating section 11530, Health and Safety Code. (§ 1319.4, Pen. Code.) He appeals from the *133 judgment and order denying motion for new trial. The appeal from the order is dismissed. (§1237, Pen. Code; People v. Ing, 65 Cal.2d 6...
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Appellants, who are retired judges and widows of retired judges of the Court of Appeal, superior court, and municipal court, sought a declaration they were entitled to increased retirement benefits under the Judges’ Retirement Law (Gov. Code. §§ 75000-75109) by virtue of a 1959 amendment (Stats. 1959, ch. 1363, §1, pp. 3634-3635) which added Article 3.6 (codified as Gov. Code, §§75075-75079) to c...
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Ruth Elizabeth Chapman appeals from a judgment imposing concurrent life sentences, after a jury found her guilty of the first degree murder and first degree robbery of Billy Dean Adcock. Mrs. Chapman and a codefendant, Thomas Teale, had been tried together in San Joaquin County in April 1963 and found guilty of Adcock’s murder, robbery and kidnaping. Their convictions were affirmed by the Califor...
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Lacabanne Properties, Inc., a licensee under the Alcoholic Beverage Control Act, appeals from a judgment of the superior court denying its petition for a writ of mandate to set aside a decision and order of the Department of Alcoholic Beverage Control which found that the licensee had violated the provisions of subsections (a) and (b) of section 25658 of the Business and Professions Code 1 by s...
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This is a proceeding to review and annul an order of the respondent court adjuding petitioner guilty of contempt of court for her failure to obey a subpoena duces tecum. We have concluded that the order must be annulled. On July 21, 1967, an action for damages for personal injuries, entitled Lanar v. King, et al., number SE C 3272-C, was on trial in the respondent court. On that day defend...
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This is a proceeding for a writ of mandate commanding the Superior Court for Los Angeles County to enter its order transferring an action to the Municipal Court of the South Bay Judicial District. We have concluded that the writ must be granted. On April 21, 1966, petitioner Gus Cochrane filed a complaint in the Municipal Court of the South Bay Judicial District against Arthur D. and Marty...
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This is an appeal from a judgment of conviction of burglary. In an information filed in Los Angeles on November 28, 1966, defendant was charged with burglarizing the residence of Lawrence and Johnnie Bruce on November 14, 1966. Defendant was found guilty of burglary in the second degree *208 in a jury trial and sentenced to the state prison. A timely notice of appeal was filed. A résumé of ...
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Defendant was charged with attempted grand theft. The case was submitted on the transcript of the preliminary examination, together with testimony by defendant. He was found guilty as charged, probation was denied and he was sentenced to state prison. He has appealed. We reverse the judgment. The victim, Juniper Griffis, testified that he was accosted on a street in Long Beach by a Negro sailor...
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Defendant appeals from judgment after jury verdict finding defendant guilty of the offense of forcible rape and from the order denying new trial. Questions Presented 1. No error in mentioning name of assailant in testimony of fresh complaint. 2. Defendant’s adoptive admissions were properly admitted. (Escobedo-Dor ado not applicable.) 3. No error in refusal to give certain instructions....
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At 8:15 a.m., March 31, 1967, a rainy day, while coming to work for a mandatory 8:30 briefing, petitioner Newport Beach Policewoman Celeste Joan Van Cleve drove onto the parking lot provided by her employer; parked; pushed open her Oldsmobile’s door; and, started to move out of the vehicle while twisting her body reaching into the back seat for the raincoat she brought to protect her uniform. Her...
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Plaintiff Mrs. Cora Edith Souza appeals from an adverse judgment entered upon a jury verdict in a negligence action for personal injuries. The court instructed the jury on the law of contributory negligence. Plaintiff assigns this as error, contending she was free from contributory negligence as a matter of law. Accordingly, our task on this appeal is to determine if there is any substantial evide...
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Respondents, owners of an apartment house located at 15470 Moorpark, Sherman Oaks, were desirous of exchanging it for real estate located on Haskell Avenue in Van Nuys. Harry Herman, one of appellants, a licensed real estate broker, was engaged to effect the exchange. It could not be consummated. The owner of the Haskell property was willing, however, to sell. Herman, to enable respondents to buy ...
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Respondent, a dealer in potatoes, brought this action against appellant Quanco Farms to restrain appellant from interfering with the harvesting of a potato crop. Quanco Farms is a corporation engaged in the business of farming. It is owned and controlled by Carl Quandt and H. F. Beckerdite. By stipulation of the parties the injunction issues were dropped and the harvest was allowed to proceed. Ap...
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The basic question presented by this appeal is whether the tax assessor and the tax collector for San Joaquin County properly assessed and properly sold to the state for delinquent taxes, an interest for a term of years in an undivided one-half interest in oil and gas rights in respondents’ land. Eespondents derived title to their real property by mesne conveyances from the General America...
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On this appeal from a judgment confirming •an arbitration award, the contentions are that no arbitration proceeding took place as only written agreements to arbitrate are enforceable; that the summary hearing of the trial court did not conform to the statute and prevented appellant from showing that he was deprived of due process of law. Appellant and respondent are insurance brokers who became...
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After Max Schmidt (hereafter Max) and his wife Patricia were killed in a tragic automobile accident, the executor of her estate filed this proceeding to determine heir-ship, pursuant to the Uniform Simultaneous Death Act, sections 296-296.8 of the Probate Code. The heirs and administrator of Max’s estate appeal from a judgment decreeing that Patricia was the surviving spouse of Max and an heir of...
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The complaint alleges that on May 28, 1965, upon the filing of a petition (Welf. & Inst. Code, § 5551) by a deputy sheriff, an order for examination and detention of plaintiff (Welf. & Inst. Code, § 5554) was issued by the superior court. Plaintiff was taken into custody at his home, and was delivered to Agnews State Hospital, where he was held for some days. A hearing was noticed and held. Pla...
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The Public Utilities Commission ordered New Haven Road in the City of Union City to be closed where it crosses the tracks of the Southern Pacific Railroad. The commission, after several public hearings, found that public safety requires the closing. It ordered barricades to be constructed and later, there having been a contention that the order was unclear, the commission ordered the pavement t...
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Plaintiff appeals from a preliminary injunction granted February 25, 1966, as amended by a minute order dated March 10, 1966. For the purpose of indicating the procedural and factual setting in which the challenged orders were made, a brief summary of the record will suffice. For a period of approximately 25 years prior to his death on November 24, 1965, Dr. George E. Fakehany had conducte...
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This is an action for damages for false arrest brought by plaintiff against the City of Beverly Hills and several individuals. Several of the defendants have filed demands for security for costs, pursuant to Government Code section 951, upon the theory that each of said defendants is an employee of the city, and that his defense is provided by the city. On February 10, 1966, plaintiff filed a n...
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In this action plaintiffs seek rescission of a real estate purchase agreement on the ground of misrepresentation. 1 One of the defendants, Apple Valley Building and Development Company (hereafter Apple Valley) filed k general and special demurrer, both of which were sustained (by Judge Charvat) with leave to plaintiffs to file an amended complaint within 15 days. Upon thei...
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Defendant, who was convicted in a nonjury trial of second degree burglary, appeals from a judgment committing him to California Youth Authority. Shortly after 1 a.m. on March 23, 1967, the A to Z Dismantling Corporation building in San Diego was forcibly entered and some automobile parts kept therein were stolen. Some of the missing parts were sold to San Diego Metals and others to National City S...
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David 0. Ledesma, Robert L. Conley and Larry R. Meison were convicted in a nonjury trial of possessing marijuana (Health & Saf. Code, § 11530). The trial court committed them for narcotics addiction (Welf. & Inst. Code, §3051). They appeal from orders denying their motions for a new trial (Pen. Code, § 1237, subd. 2). As a parole officer, Department of Corrections Nar *32...
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The plaintiff and respondent herein, M. R. Kern, is now deceased and was the wife of defendant and appellant, G. E. Kern. For convenience, they may be referred to respectively as wife or respondent and husband or appellant. The wife obtained an interlocutory decree of divorce from the husband on April 15, 1965. In May 1965 she suffered a heart attack and was hospitalized for a week and then spe...
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In a complaint filed in the Municipal Court of the Whittier Judicial District, it was alleged that, in said judicial district, the defendant Barbara Jean Mason comit *349 ted a misdemeanor, to wit, Possession of Pinball Machine, in violation of Santa Fe Springs Ordinance 25, Section 15-23, 1 in that she did “unlawfully keep . . . and have under her control as owner, lessee, agent, employee, m...
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Plaintiff appeals from the judgment of dismissal entered in favor of defendants Board of Education of the City of Los Angeles and Los Angeles Unified School District of Los Angeles County, after a general demurrer to her complaint for personal injuries was sustained on the ground that the action was barred by the statute of limitations. We have concluded that the action is barred. The complaint...
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This appeal is the companion to an appeal filed in Rogers v. Board of Education, 2d Civil No. 31387, [ante, p. 355 (67 Cal.Rptr. 905)] and the decision in that appeal is filed concurrently herewith. Plaintiff sued defendant Frank Centrone and his employers, the Los Angeles Board of Education and the Los Angeles Unified School District (hereafter School District), for injuries allegedly su...
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This is an appeal from the denial of the petition of David J. Geller and Lenora Geller for the adoption of Baby Boy Schroetter, a minor, and an order for the removal of the minor from the home of petitioners and commitment of the child to the Los Angeles County Department of Adoptions (formerly known as the Los Angeles County Bureau of Adoptions) purportedly pursuant to section 226c of the Civil C...
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The appeal is from a judgment after a conviction for second degree murder. Assignments of error are: (1) failure of the trial court to give, on its own motion, an instruction on involuntary manslaughter; (2) that the evidence was insufficient to support the second degree murder conviction. There is no merit to the second contention. The first contention is sound and requires reversal. The vic...
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Defendant was tried before the court, sitting without a jury, for a violation of section 11500.5, Health and Safety Code, possession of heroin for sale. He appeals from the judgment of conviction. *385 On November 30, "■ 1966, Melvin Cozzalio, an agent of the State Bureau of Narcotics, obtained a warrant permitting him to search the person of defendant and defendant’s premises at 3649 Second ...
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Plaintiff, a wholesale grower of ornamental nursery trees brought this action for damages for crop loss allegedly sustained by him by reason of defendants’ destruction of a concrete irrigation pipeline. The complaint was in two counts—one based on intentional trespass and one on negligence. Following a nonjury trial the court found that defendants unlawfully and intentionally, though not malici...
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The plaintiffs are copartners and licensed real estate brokers who entered into a 90-day written “exclusive right to sell” agreement with the defendants on January 17, 1965. The agreement contained the following provisions: that the plaintiffs had the exclusive and irrevocable right to sell a 15-acre parcel of unimproved land owned by the defendants until the expiration date of April 17, 1965, fo...
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Plaintiff corporation, National Automobile *406 and Casualty Insurance Company (hereafter National), filed its complaint for breach of contract, fraud and constructive fraud against defendant corporation, Eldorado Management Company (hereafter Eldorado), and its officers and directors, the individual defendants, J. Martin Payne, W. S. Kiel, Charles McCarty, Harold Dobbs and William...
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Real party in interest, William Muller, is plaintiff in an action based upon the alleged malicious prosecution of a prior civil action brought against him in respondent court by petitioners herein. Muller’s complaint alleges: (1) that the prior suit was instituted without probable cause; (2) that the suit was maliciously instituted; and (3) that the case was tried and judgment was entered in favo...
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Plaintiff sued in the court below on three causes of action: rescission on the grounds of fraud; money damages on the grounds of fraud; and money had and received. The trial court gave judgment on behalf of plaintiff on her first cause of action only. Defendant appealed on the judgment roll. As such the evidence is conclusively presumed to support the findings, and the only questions presented...
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This is an appeal from order denying appellant’s motion for a writ of execution. The purpose of the writ was to recover certain periodic payments due under a *426 1956 divorce decree incorporating the provisions of a property settlement agreement between appellant and respondent. The court denied the writ on the ground that respondent’s obligation to make the periodic payments had ...
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Defendant was charged with possession of marijuana (§11530, Health & Saf. Code). Under section 995, Penal Code, he moved to dismiss the information. The People appeal from order granting defendant’s motion and setting aside the information. The following is a summary of the testimony taken at the *433 preliminary hearing and considered by the superior court in making the order...
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Appellant Bland, a steel worker employed by Southwest Steel Rolling Mills was injured on November 6, 1962 in the course of his employment for which he was awarded $8,683.10 by the Industrial Accident Commission. He was a member of the United Steelworkers of America, AFL-CIO, District 33. one of the respondents. James H. Reed, the other respondent, was an employee of the union. Bland sued both resp...
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Defendant was convicted of possession of marijuana in violation of section 11530 of the Health and Safety Code. She contends on appeal that the prosecution did not sustain its burden of proving that her arrest was legal because it did not, after objection, offer the best evidence of the arrest warrants upon which the legality of the arrest depended. Defendant was stopped by the police at 10 :30...
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In 1944 a jury convicted defendant Wells, a prisoner in Folsom State Prison, of possessing a knife in violation of Penal Code section 4502. He was sentenced to the term of not less than five years then fixed by that statute. 1 He had discharged his attorney during the trial and conducted his appeal without counsel. His brief was prepared by -a fellow inmate. This court affirmed the conviction...
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The plaintiff Peter A. Draus, individually, and as guardian ad litem of his 20-year-old daughter, Eileen May Draus, filed an action to recover damages as a result of an auto-tractor collision which occurred in April 1965 in.the County of Orange. The complaint stated: that the plaintiff-minor was driving a model 1963 Buick owned by the plaintiff-father; that the collision occurred as a result of...
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Following a jury trial defendants Lynam, Offley and Dunham were found guilty of conspiracy to commit grand theft and three counts of grand theft. Imposition of sentence was suspended and defendants were placed on probation subject to conditions.* 1 Defendants Lynam and Offley appeal from the orders granting probation. The indictment arose out of alleged misrepresentations made b...
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This action was initially brought in the Superior Court of Sacramento County by Grace E. Cudlipp to enforce a child support order of the Court of Oyer and Terminer and Quarter Sessions of the Peace of Lancaster County, Pennsylvania. However, Mrs. Cudlipp died during the pendency of the action, and the executors of her last will and testament were substituted in her place. Subsequently, the cause ...
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The plaintiff, E. A. Robey and Company, Inc. (hereafter referred to as Robey) brought this action against the defendants City Title Insurance Company, Inc. and Lakeport Title Guaranty Company (hereafter referred to as City and Lakeport, respectively) alleging breach of a policy of title insurance issued by the defendants. In a second cause of action plaintiff demanded damages against the defend...
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—This is an appeal from a judgment in the amount of $17,085.49 which was rendered against defendant Surety Title & Guaranty Company for negligent reconveyance of property which had been subject to a deed of trust. Thomas L. Doyle and his wife owned a ranch which they conveyed to Jacke Construction Co., which later conveyed to Frederick Clark, a sub divider. Jacke Construction Co. exe*527euted a de...
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This is an appeal from a judgment in a declaratory relief action declaring that the defendant-employer is not obligated to pay the plaintiff-employee $20,000. The ease is concerned with the meaning of paragraph 7 in a letter contract of employment drawn by the employer and accepted in writing by the employee which letter confirmed a previous oral agreement between the parties. This paragraph re...
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This appeal arises out of a double rear-end accident that occurred on the southbound portion of the Harbor Freeway. For convenience in this opinion, Wallace Jobe will be referred to as defendant Jobe or Jobe, and Alfred E. Lauder will be referred to as plaintiff Lauder or Lauder, although, as will become apparent below, we are actually dealing with consolidated cross-actions. Plaintiff Lauder’s 19...
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Herein we review an order of respondent Workmen’s Compensation Appeals Board denying petitioner relief under the workmen’s compensation provisions of the Labor Code for injuries suffered. Denial of relief was based upon the ground that at the time of the claimed injuries he was not an “employee” as that word is defined in Labor Code, section 3351. 1 Nonemployee status was found upon the fact th...
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The evidence on which defendant was found guilty of robbery was as follows d1 *556On December 2, 1965, defendant, at gun point, forced his way into the home of John Menard who had just- finished dinner with his family. The time was about 7 p.m: He demanded Mrs. Menard’s jewelry. Although she was terrified, Mrs. Menard tried to lead defendant to believe that she did not have any, but eventually he ...
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Defendant had been a passenger in an automobile which struck another car. A state highway patrolman found him seated in the vehicle, exhibiting signs of intoxication. After administering roadside sobriety tests, the officer placed him under arrest1 and took him to a public emergency hospital with a view toward additional intoxication tests, including a blood alcohol analysis. In the hospital a str...
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Defendant appeals from a judgment imposing sentence after he had been found guilty in a non jury trial of theft from the person and of having suffered a previous felony conviction. A codefendant, Flores, also found guilty of theft from the person, has not appealed. At about 10 :30 a.m. on Sunday, March 5, 1967, one Fowler, already suffering from having looked too long upon the wine when it was ...
Views: 11
This is a proceeding for a writ of mandate to respondent, the director of the Department of Alcoholic Beverage Control, “to extend the period of time for cancellation of the liquor license of petitioner for a reasonable period of time after such time as the pending accusations against the license are ultimately determined, or until such time as the Department consents to the transfer of said li...
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Plaintiff and appellant, Alfred M. Hutton, seeks a declaration that the defendants and *588 respondents, Pasadena Unified School District, sued herein as Pasadena City Schools, the members of its Board of Education, and the superintendent of its schools, hereinafter referred to as respondent, have authority to voluntarily pay appellant for a period of time during which he was suspe...
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Plaintiff H. L. Whitmire (hereinafter referred to as Whitmire) appeals from two summary judgments, pursuant to section 437c, Code of Civil Procedure, entered against him and in favor of H. K. Ferguson Company (hereinafter referred to as Ferguson). Oswald Nelsen, an employee of Whitmire, was injured on the premises of Kimberly-Clark Corporation. Whitmire, as subcontractor, had executed a wr...
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This ease involves a fiercely contested domestic battle between Evangelos Polakis, a Modesto surgeon, and his wife, Matina. In some of its aspects the judgment of divorce that is questioned on this appeal must be affirmed, but, because of irreconcilable contradictions in the findings concerning the property problems of the parties, those issues will have to be redetermined. The ancestry of each of...
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The State of California by an action in declaratory relief seeks an adjudication that wages of seamen earned on Pacific Far East Line vessels unclaimed for seven years constitute abandoned property and are subject to the provisions of the Uniform Disposition of Unclaimed Property Act (California Act). (Code Civ. Proc., §§ 1500-1527.) The trial court granted defendant Pacific Far East Line’s motio...
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Plaintiffs, appellants, filed this action for unlawful detainer. The three-day notice required by statute declares noncompliance by defendant to have been failure to pay the sum of $13,500 which was due to appellants on or *616 before November 15, 1966, and failure to pay certain taxes and assessments which defendant was obliged to pay under his agreement with plaintiffs. General demurrer was s...
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Defendant, an independent oil field repair contractor, was employed by plaintiffs to repair an oil well belonging to the latter and known as “Childs No. 1.” While so engaged, an accident occurred which resulted in injury to one Parmer, an employee of defendant. A subsequent suit by Parmer against plaintiffs having been eventually settled for $50,000, the present action by plaintiffs sought inde...
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A jury found defendant guilty of a violation of section 12420, Penal Code (possession, offering for sale and sale of tear gas). He appeals from the judgment. About November 20, 1966, there came to the attention of Officer Egger, Beverly Hills Police Department, an advertisement in the Home Section, Los Angeles Times, Sunday Edition, entitled “Defender of Women—It Works.” Under the title' were c...
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We see no escape from reversing the interlocutory judgment entered by default in this divorce action, and doing so on a ground not touched upon by the appealing party. We gather our facts not only from the record on appeal, but those facts are augmented by some taken from the original court file. The defendant wife was personally served with summons and complaint in Placer County, on April 16, 196...
Views: 0
The City of Stockton leased land adjacent to a redevelopment area to appellant, by which the lessee agreed, subject to certain conditions, to construct improvements upon the leased land, including a convention center and a motor-hotel. For many months following execution of the lease, appellant was unsuccessful in obtaining financing necessary to carry out the terms of the lease. The city ...
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Miguel Eugene Lares, the defendant, familiarly known as “Mike,” has been sentenced to the California Youth Authority after conviction of felony driving while intoxicated (Veh. Code, §23101), and two counts of resisting a public officer; he came to grief when he unsuccessfully tried to mix whiskey drinking with automobile driving in Yolo County. Immediately after school on the day of the inciden...
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This action for declaratory and injunctive relief seeks to compel location of the Lafayette station of defendant San Francisco Bay Area Rapid Transit District (BART) at the point specified in the ‘ ‘composite report” which preceded submission of a bond issue to the electorate, rather than at the point one and one half miles distant therefrom determined upon by the district after the bonds were ...
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Plaintiff appeals from a judgment of dismissal entered when the court sustained a demurrer to her complaint for quasi-speeifie performance of an alleged oral agreement to devise real property. The following narrative takes at face value the material allegations of the amended complaint. Appellant was the daughter-in-law of John Porporato, decedent; respondent was the residuary beneficiary of deced...
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Plaintiff appeals from the order granting defendant’s motion for a new trial following the entry of judgment úpón a verdict awarding her damages for personal *682 injuries.. Primarily appellant contends that the order must be reversed because of the trial court’s failure to comply with the mandatory provision of Code of Civil Procedure section 657, as amended in 1965, which requires that the co...
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The People filed a petition for writ of mandate pursuant to the provisions of subdivision (o) of Penal Code section 1538.5 seeking appellate review of the order of the superior court granting the motion of the real parties in interest to suppress evidence in a criminal ease. We granted the alternative writ and after hearing we have concluded that the peremptory writ should be granted. The evide...
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This is an appeal following a jury- trial'from a- judgment of- conviction of the felonies of. burglary -of the first degree, forcible rape and robbery of the first - degree (2 counts). The sole issue is whether appellant, who desired private counsel, was denied his constitutional right to counsel and to due process of law by his being forced to trial and judgment without counsel because of...
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Defendant Andrew Franklin was charged by information with violation of section 11530 of the Health and Safety Code (possession of marijuana). Charged in the same information was one Willie James Stephens. Franklin entered a plea of not guilty, waived right to trial by jury, and submitted upon the preliminary hearing transcript, subject to the production of further evidence by either side. The pro...
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Appellant was charged with violation of Penal Code section 4530 (escape from a prison camp). He was found guilty by a jury. On appeal he questions certain instructions given to the jury, challenges the sufficiency of the evidence to show intent to escape, and claims error in the trial court’s admission of his prior felony convictions to impeach his testimony when he became a witness in his own be...
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Henry J. Rethorst appeals from that portion of the interlocutory judgment which awards him a divorce and his wife a decree of separate maintenance and which further provides that appellant shall pay $400 per month for respondent's support and maintenance. Appellant contends that the evidence was insufficient to support the decree of separate maintenance or the alimony award; that respondent’s a...
Views: 3
This is an appeal from a- judgment of-conviction- of-robbery in the first degree. In an: information- filed in Los Angeles on October 3, 1966, defendant and - codefendant James Kinnard were charged with robbing a representative of the Western Union of .certain personal property- on September 5, 1966. Defendant pleaded not guilty. The cause was submitted upon the testimony contained in the transcri...
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Defendant appeals from judgment, after jury verdict, of conviction of armed robbery of Ken’s Pharmacy and from judgment, after jury trial, of armed robbery of Handy Pantry Market. This court appointed counsel to representhim ;on this appeal. *726 Questions Presented 1. Defendant’s right to counsel was not abridged because of counsel also representing codefendant Smith. 2. No error in cons...
Views: 9
The petitioner, Neil Lewis, is an attorney at law. On March 23, 1965, he sued Clifford Smith and International Evangelistic Association in the superior court for damages for allegedly inducing Paul H. and Kathryn Nickel to breach their agreement with petitioner, hereafter sometimes referred to as the plaintiff. The agreement was for the construction of an apartment house complex and for the lea...
Views: 6
The appeal arises out of one judgment entered with respect to two separate actions brought by Mildred Didier, as administratrix of the estate of her husband, Michael E. Didier, deceased, who, at the time of death on February 22, 1961, was licensed as a general construction contractor, doing business under the name of M. E. Didier Company. In one case (SWC 4090) American Casualty Company of Reading...
Views: 2
Plaintiff appeals from an adverse summary judgment in a declaratory relief action to determine defendant insurer’s liability under a motor vehicle liability insurance policy. Defendant issued the policy to plaintiff, describing a 1956 Chevrolet automobile and a 1957 Plymouth automobile owned by him. Plaintiff’s minor son, Herman, was not mentioned in the policy, nor, for that matter, were any of ...
Views: 3
This is an appeal by the People from an order setting aside an information following a motion by defendants under the provisions of section 995, Penal Code. The information charged Oliver Massengale, Jr., Charles Arthur Massengale and William Theodore Lindo with extortion (Myra Teed) (§ 518, Pen. Code), 1 extortion, attempted extortion and kidnaping Olive Fetherolf (§§522, 524,* 2 207, Pen. C...
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Nathan Cohen and Rose Brooker obtained judgments of about $11,000 each against James A. Bower and Melba L. Bower (to be referred to in the singular). Unable to collect the judgments Cohen and Brooker sued Francis G. Heavey and others alleging that one day after they had obtained their judgments Bower conveyed to Nye, Inc., a corporation, the alter ego of Bower, certain real property and that Nye, ...
Views: 0
Stuyvesant Insurance Company (hereinafter, "Stuyvesant”) appeals from an order denying its motion to set aside an order declaring forfeiture of the bail which it had posted on behalf of defendant Louis Stern in the principal criminal action. Raised for the first time, insofar as we are aware, is the question whether a trial court under the *776 guise of taking a motion to vacate a ...
Views: 3
Plaintiffs, as trustees of Reading Reform Foundation, a nonprofit trust declared and existing under the laws of the State of New York, appeal from a judgment of dismissal entered upon an order sustaining without leave to amend a demurrer to their second amended complaint. The action brought on behalf of Reading Reform Foundation (RRF) sought damages for an alleged libel. The alleged l...
Views: 3
Allan LeRoy Nelson appeals from that order of the court denying modification of the child custody provisions of the interlocutory judgment of divorce which he obtained in 1965 from Laura June Nelson. Allan and June Nelson were married in 1958 and separated in 1964. Their minor child, Scott Allan Nelson, was born June 30, 1962, and his custody was awarded to his mother in the subsequent divorce ...
Views: 8
This is an appeal from a judgment of conviction of selling marijuana. In an information filed in Los Angeles on June 2, 1966, Ferguson was charged in count I with selling marijuana on February 28, 1966, in count II with selling marijuana on March 9, 1966, in count III with selling marijuana on April 15, 1966, and in count IV he was charged with codefendant Joan Reeves with possessing marijuana ...
Views: 13
This is an appeal from a probate court order refusing to confirm a sale of real estate and rejecting an application for commission by real estate brokers. The administrator of the estate published a notice of pri*828vate sale of real estate, inviting written bids and declaring: “The highest net bid will• be returned to the court for confirmation at which time such bid or the highest net bid in cou...
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The Charter of the City of Riverside was prepared by a Board of Freeholders, adopted by the electors, approved by the Legislature, and became effective in April 1953. The charter provision relating to eouncilmen’s expenses reads as follows: “Sec. 402. Compensation; reimbursement for expenses. The members of the city council shall receive no compensation for their services ...
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Petitioners appeal from the following orders of the superior court: (1) denial of their motion for a directed verdict, (2) granting respondent’s motion for a general mistrial, and (3) order setting aside and declaring void the special verdicts of the jury. These orders arise out of a contest of a will before probate. Charles A. Bartholomae died testate on November 22, 1964; he was a resident of...
Views: 12
Petitioners, the widow and minor children of John D. Bingham, seek review and annulment of a decision by the Workmen’s Compensation Appeals Board that Bingham’s death was not the result of injuries arising out of and occurring in the course of his dual employment with respondents California Inspection Rating Bureau and Macy’s of California. Decedent had been employed by the California Insp...
Views: 3
—Jesse Resendez appeals his conviction for a lewd, and lascivious act committed upon a child under the age of 14. (Pen. Code,-§ 288.) Appellant was charged by information with a violation of Penal Code, section 288 and a prior felony conviction for rape. He admitted the prior conviction. The first jury was unable to reach a verdict and a mistrial was declared, but at his second trial the j...
Views: 2
—Defendant was convicted of furnishing dangerous drugs (§ 11912, Health & Saf. Code); he appeals from the judgment. Appellant’s first contention is that the evidence is insufficient to support the conviction in that the evidence “was not only confusing, in conflict and doubtful but wholly circumstantial.” He presents a lengthy factual argument that has no place in a reviewing court; and le...
Views: 9
pro tem. * —Harry and Betty Bonner, husband and wife, filed a petition to adopt Laura Ann Bonner, a minor. They alleged that Madeline Zellman was the natural mother of the child, that she had abandoned the child, and that her whereabouts were unknown. Pursuant to section 226.6 of the Civil Code, the Los Angeles County Bureau of Adoptions made an investigation and submitted its report and recomm...
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pro tem. * —In this personal injury action, originally filed in the municipal court, plaintiffs Ross Leo and Mary Leo appeal from a judgment of the superior court entered upon jury verdicts finding against each of them and in favor of defendant Nina Dunlap, and from an order (of the municipal court) granting defendant’s motion to set aside the ‘ ‘ default judgment. ’ ’ In limine the attempt...
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—This is an action against the State of California for diversion of surface waters. The complaint alleges that plaintiffs own a trailer park on Soledad Canyon Bo ad in Los Angeles County. In April 1963, the defendant state resurfaced and widened the road near plaintiffs’ property. “As a result’ ’of said resurfacing and widening, the road surface to the center and edge thereof was raised and a p...
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—A jury convicted defendant on all counts of a five-count information. 1 With respect to each count the information alleged that defendant was armed with an automatic pistol and the jury found said allegations to be true. Later, a motion for a new trial was denied and defendant was sentenced to state prison. The sentences on counts I, II, III, IV and V were ordered to run concurrently, but exec...
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—The issue posed on this appeal involves the question of the liability of the defendant-owner of a cement truck for injuries sustained by a plaintiff, not the defendant-owner’s employee, when the truck backed over the plaintiff’s foot as he was getting off the fender of the truck where he had been riding. Although defendants’ contentions on this appeal are numerous, the nub of the appeal concer...
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—Convicted by a jury of the charge of selling heroin (Health & Saf. Code, § 11501) and sentenced to state prison, defendant appeals. On March 1, 1966, an undercover agent of the Riverside County Sheriff's Department purchased four bindles--of heroin from the defendant for the sum of $12. Shortly after the sale, the officer observed the defendant inject a powder substance and fluid into his...
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—Charged by indictment with possession of heroin for sale (§ 11500.5, Health & Saf. Code) and possession of marijuana for sale (§ 11530.5, Health & Saf. Code), defendant was found guilty and sentenced to the state prison. He appeals from the judgment and order denying motion for a new trial. The appeal from the order is dismissed. On April 3, 1966, Lapriel Alyett, the manager of an apartment house...
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—Plaintiff Adeline Di Lorenzo commenced an action seeking to enjoin the enforcement of an ordinance of defendant City of Pacific Grove. From a judgment for defendant city, entered after an order sustaining a demurrer without leave to amend, plaintiff appeals. The question before us is whether the publisher of a newspaper has a constitutional right, by virtue of the First and Fourteenth Amendmen...
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—Once again, divorced parents resort to the courts to determine the surname of their child. The minor was born in 1960. Final divorce decree of the parents, entered in 1962, awarded custody to the mother. Each parent remarried, and each has a child by the later marriage. The surname of the mother’s present husband is Dash. In 1965, Mrs. Dash, on behalf of her daughter, sought an order changing th...
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—This is an appeal from a judgment of conviction of murder. In an information filed in Los Angeles on March 29, 1965, defendant was charged with murdering Susan Melody Payne on February 28, 1965. On April 1. 1965, defendant pleaded not guilty. On defendant’s motion he was examined pursuant to section 1871, Code of Civil Procedure, as to his mental status, alcoholic and nonalcoholic induced EEG,...
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—By information defendant was charged with possession of marijuana in violation of section 11530, Health and Safety Code; a jury found him guilty. His motion for a new trial was denied and he was sentenced to the state prison for the term prescribed by law. Defendant appeals from the judgment and order denying motion for a new trial. The appeal from the order is dismissed. (§ 1237, Pen. Code; Pe...
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—This is an appeal from a judgment of conviction of possession of marijuana. In an information filed in Los Angeles on November 16, 1966, defendant was charged in count 1 with possessing marijuana on October 16, 1966, and in count 2 with possessing marijuana on October 16, 1966, while in the Los Angeles County jail. Defendant was found guilty in a jury trial as charged in count 1 and not guilty...
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—This is an appeal from a judgment of conviction of robbery and assault with intent to commit robbery. *96 In an information filed in Los Angeles on September 29, 1966, Henderson, with Ralph Davxs as a eodefendant, was charged in count 1 with robbing Donald Reid of certain personal property on August 8, 1966, in count 2 with robbing Oscar Bright of certain personal property on August 8, 196...
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—Declaratory relief plaintiffs Scott-Memorial Baptist Church and College Avenue Baptist Church appeal from a judgment deciding, under Penal Code, *101 section 172h, that Penal Code, sections 172 through 172g dc not prohibit defendant Department of Alcoholic Beverage Control from issuing liquor licenses to premises within one and one-half miles of San Diego State College. San Diego State Colle...
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—James Deck Hamilton’s appeal from an order revoking probation will be treated as an appeal from the judgment of conviction to state prison entered following revocation of probation. In the fall of 1965, the superior court convicted Hamilton of selling marijuana; suspended sentencing; and granted him five years probation on condition, in part, he be confined in the sheriff’s custody for o...
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—Farmers Insurance Exchange (Farmers) appeals from a judgment confirming an arbitration award made under an uninsured motorist clause of an automobile liability policy. Respondents Kirby Campbell and Myrtle Campbell are husband and wife. Myrtle suffered bodily injuries as a result of a two ear collision with an uninsured motorist. Kirby was not in or near the vehicle. At the time of the ac...
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—A transfer was ordered in this case because this appeal raises several basic and fundamental questions relating to the jurisdiction of a municipal court to set aside a default and default judgment taken and entered in that court which to our knowledge has never been considered by an appellate court of this state. However, after careful consideration we adopt the opinion prepared by Judge Joseph ...
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—Wells Fargo Bank, as trustee of an inter vivos trust, has commenced this action for declaratory relief and for instructions. Defendants are Helen H. Kincaid (and Wachovia Bank and Trust Company, her assignee of part of whatever interest she may have) and Estelle Latta. Defendant Latta cross-complained against plaintiff and Helen Kincaid. Helen Kincaid is the beneficiary under a...
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—In this eminent domain proceeding, plaintiff County of Los Angeles seeks to acquire, as a site for a municipal court building in San Pedro, 78,000 square feet of unimproved real property owned by defendant Union Distributing Company, a partnership. The jury found that the fair market value of the property on September 25, 1964 (date of filing complaint), was $156,000. Defendants (partnership and...
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—Defendant has appealed from a judgment sentencing him to state prison following a jury verdict which found him guilty of possession of marijuana in violation of section 11530 of the Health and Safety Code. He asserts as error-. (1) that there was a prejudicial use of evidence obtained through an illegal arrest, search and seizure because there was no probable cause for his arrest; (2) that the...
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—Tony Olvera and Gloria De Leon were convicted by a jury of possession of heroin for sale (§11500.5, Health & Saf. Code) and Maria Christina Guerrero, charged with them, of possession of heroin, a lesser necessarily included offense; Olvera was also convicted of furnishing Arthur Guerrero, a minor, with heroin (§ 11502, Health & Saf. Code), possession of an altered weapon less than 26 inches lo...
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pro tem. * —The defendants Litton Industries, Inc., Charles B. Thornton, Roy L. Ash, Hugh W. Jamie-son and Electro Dynamics Stock Trust Fund, a partnership, have appealed from the judgment and, by means of a second notice of appeal, from the order denying their respective motions for judgment notwithstanding the verdict. It was alleged in each of the first six counts of the complaint of the p...
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—Defendant appeals from a judgment imposing liability under an automobile insurance policy issued to plaintiffs by defendant and awarding plaintiffs damages. The court found that a 1960 Kenworth tractor acquired by plaintiffs and damaged in an accident was a replacement for a 1955 Ken-worth tractor described in the policy and was therefore covered by the policy. The sole issue on appeal is the su...
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—This action pursuant to Revenue and Taxation Code section 26102 was brought by plaintiff in the superior court for a refund of California franchise taxes allegedly overpaid for the income year of 1953. Judgment was rendered for plaintiff and defendant has appealed from that judgment. The case was tried by the court without a jury on a written stipulation of facts and the testimony of one ...
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—Defendant was charged with a violation of Penal Code, section 459 (burglary); a prior burglary conviction was alleged against defendant. A plea of “not guilty” was entered. Defendant’s petition for writ of habeas corpus was denied. Jury trial was waived, and by stipulation of all counsel the case was submitted on the preliminary hearing, subject to an offer of additional evidence by eithe...
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—Defendant was convicted of the offense of lewd and lascivious conduct upon the body of a child under the age of 14 years, a violation of Penal Code, section 288. 1 *192 Imposition of sentence was suspended and proceedings were commenced iinder the statute providing for the commitment, care and treatment of mentally disordered sex offenders, viz., Welfare and Institutions Co...
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—Defendant appeals from an order made April 18, 1967, recommitting him, after a trial under section 5519, Welfare and Institutions Code, as a mentally disordered sex offender not amenable to hospital treatment who is still a danger to the health and safety of others. On September 21, 1960, defendant was found guilty by a jury of three violations of section 288, Penal Code, involving three differen...
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—Robert L. Baker appeals from the interlocutory judgment of divorce granted to his wife upon his default and from the court’s order denying his motion to set aside that judgment. Anna G. and Robert L. Baker were married in 1963 and on June 3, 1966, Anna filed a complaint'for divorce alleging, among other things, extreme cruelty on the part of Robert, and that there were no children. She requested ...
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—In February 1966, a complaint was filed in the Municipal Court of Los Angeles Judicial District charging Charrot with a misdemeanor under Business and Professions Code, sections 7430.5 and 7416, in that he “was a person who did wilfully and unlawfully represent and permit a representation to be made on behalf of a cosmetologies! establishment and school of cosmetology that its place of business ...
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—Defendant James Davis appeals from a judgment convicting him of first degree robbery and assault with intent to commit murder. Defendant raises but one argument on appeal: that the trial court, while instructing the jury, made a comment 1 of the character which was held erroneous and prejudicial in People v. Brock (1967) 66 Cal.2d 645 [58 Cal.Rptr. 321, 426 P.2d 889], Since the trial *212...
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—In a previous appeal in the same action {Henderson v. Fisher (1965) 236 Cal.App.2d 468 [46 Cal. Rptr. 173]) it was determined that a piece of real property which had been owned by defendant administratrix ’ decedent was subject to a constructive trust for “quasi-specific performance” of a contract. Under the contract plaintiffs undertook to care for decedent for the rest of his life in consi...
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—The principal question on this appeal requires an examination, in the light of recent decisions by our Supreme Court, of “reasonable and good faith belief’’ on the part of police officers which will justify their entering premises without demanding admittance and explaining their purpose as required by Penal Code section 844. Appellants Welch and Ebersold were jointly charged by informati...
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—A jury found appellant guilty of false imprisonment (violation of Pen. Code, § 236) and employment of a minor in the preparation of obscene matter (violation of Pen. Code, § 311.4). Appellant admitted a prior conviction under section 311.4; this makes the second offense a felony (Pen. Code, § 311.9, subd. (b)). The appeal is from a *230 judgment sentencing the defendant to concurrent terms in ...
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Defendant appeals from the judgment entered following a nonjury trial that resulted in his conviction of the crime of murder of the second degree. The victim of the homicide was Rhonda Jane Smith, the nine-year-old child of appellant's wife by a former marriage. Appellant makes but one contention which he expresses as follows: "Appellant was deprived of his constitutional rights under the Fifth, ...
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—Plaintiff, Diodes, Incorporated (“Diodes”), appeals from a judgment in favor of defendants Franzen, Stump, Semtech Corporation (“Semtech”) and Continental Device Corporation (“Continental”), entered after defendants’ general and special demurrers to the third amended complaint were sustained without leave to amend. On appeal plaintiff contends that the third amended complaint pleaded facts suf...
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—Defendant Bruce leased a tract of 12 parcels of unimproved property in the City of Orange. He obtained a construction loan from plaintiff in the amount of approximately $405,000 ($33,800 per parcel) for the purpose of constructing apartment buildings on the leased property. Bruce executed trust deeds in favor of plaintiff as beneficiary, securing a promissory note on each parcel. The trust dee...
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—Plaintiff appeals from a summary judgment entered in favor of defendant. The trial court found Code of Civil Procedure, section 580b, prevented its rendering a deficiency judgment. The evidence reflects assets of a partnership, in which plaintiff and defendant were the sole members, consisted of a bank account, real property, furniture and fixtures, gardening equipment and rents due from tenan...
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—Plaintiff brought this action against the defendants charging all defendants with the publication of a *271 false and libelous article in the Valley Labor Citizen, a newspaper of general circulation, distributed in the San Joaquin Valley. Plaintiff sought to recover general and punitive damages. However, plaintiff did not allege or seek to recover special damages. After a seven-day jury tria...
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—This case involves a tort committed by a seven-year-old boy, Dean Flohr, against Dawn Weisbart, a five-year-old girl neighbor. The plaintiff sued the boy on two theories, alleging 1) that he was negligent, and 2) that he was guilty of a battery. The plaintiff also sued the parents, Lorraine Flohr and Robert Flohr, on the theory that they were negligently responsible for the wrong done by t...
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—Plaintiffs and respondents Ceehettini, Wexler, Anker, Abrams, Stark and Saltman, and two others, were the owners of the outstanding stock of defendant and appellant Consumer Associates, Ltd. (hereinafter called “Consumer”). Consumer was a lessee'of real property. To secure performance of the lease each of the plaintiffs had posted with the lessor cash or securities of the value of $6,000. ...
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—On this appeal from a judgment rendered on a jury verdict finding him guilty of two counts of first degree robbery, defendant contends that he was deprived of his right to a reasonable continuance for the purpose of preparing his defense; that the court should have denied his request to represent himself; and that the evidence was insufficient to support the judgment on the second count. As we h...
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—Defendant appeals following jury conviction of a violation of Penal Code, section 12021. (Possession of firearm by a felon.) The preliminary examination in this matter was held on March 18, 1964 and, at the conclusion thereof, defendant was held to answer. Defendant thereafter moved the superior court to set aside the information under the provisions of Penal Code, section 995. This motio...
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pro tem. * —This is a proceeding to review an order of the respondent court adjudging the defendant, petitioner here, in contempt of court for allegedly disobeying an order made in action number WE D 9070 entitled Little v. Little. In January 1966 plaintiff commenced an action against her husband, the defendant, for a divorce and for the custody of the minor child of the parties. By his cross...
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—A jury found defendant and Boss Thomas guilty of first degree robbery (Pen. Code, § 211) ; defendant admitted a prior felony conviction (escape from a state prison). Only defendant appeals from the judgment and order denying motion for new trial. The appeal from the order is dismissed. ■ William Cope was working as an attendant in a Mobil station on Sunset Boulevard on September 1,1966; around 11...
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pro tem. * —This is an appeal from a judgment reforming a written option to purchase corporate stock and decreeing specific performance of the contract as reformed. Plaintiff and defendant were among the original incorporators and stockholders of United Geophysical Corporation, a California corporation, (hereafter referred to as U.G.C.) and its Venezuelan subsidiary, United Geophysical Compan...
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—We have previously filed an unpublished opinion affirming a judgment convicting appellant of second degree murder and assault with a deadly weapon, Appellant’s petition for hearing in the Supreme Court was granted and its order retransferring the ease to this court requires consideration of appellant’s “contention that the prosecutor was guilty of improper conduct when, in three instances, he fa...
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—This is an action for declaratory and other relief with respect to the rights and obligations of the parties under a master lease of the Orpheum Building and a purchase money note and deed of trust on the leasehold estate. Plaintiff O’Donnell, as trustee of certain trusts, is the holder of the note and beneficiary of the trust deed. Weintraub was the trustor of the trust deed and the less...
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—Plaintiff appeals from an adverse judgment in his action for breach of warranty against an agricultural chemical dealer and an agricultural chemical distributor. In 1958 plaintiff, who had grown grapes for many years, planted grape cuttings for nursery stock. He used a liquid, identified in the agrochemical business as DD, to fumigate his land for protection against nematodes, and the res...
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—Defendant, after jury trial, was convicted of assault with a deadly weapon with intent to commit murder in violation of Penal Code, section 217. Defendant’s *370 application for probation was denied and he was sentenced to state prison for the term prescribed by law. Defendant appeals from the judgment of conviction. Defendant, a Caucasian, was in the “ G N M Club ’ ’ in the City of Sacramen...
Views: 0
—Defendants have appealed from an order granting plaintiffs a new trial, following entry of judgment on a verdict in favor of defendants, in an action in which plaintiffs sought damages for personal injuries on account of the alleged negligence of defendants. Defendants’ sole ground of appeal is the failure of the trial court.to specify the reason or reasons for granting the new trial as. requi...
Views: 9
—Plaintiff, a minor appearing by his guardian ad litem, filed a complaint purporting to allege four causes of action against the City of Oakland and other *381 defendants for damages for personal injuries incurred when a Santa Pe railroad train ran over plaintiff, severing both of his legs. The court sustained with leave to amend the City’s demurrer to all four causes of action on ...
Views: 9
—On this appeal from an order revoking probation, defendant contends there was no basis for the order and that she was deprived of procedural due process at the hearing. We have concluded that there is no merit in either of these contentions. The facts are not in dispute. On July 29, 1965, defendant was found guilty of petty theft, in violation of section 488 of the Penal Code (a misdemeanor) a...
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—Appeal by plaintiff from a summary judgment in favor of defendants in an action for a declaration of rights and duties of the parties under a lease and a separate contract for the purchase by plaintiff of prospective interests of defendant devisees in real property now in probate, which may be distributed to them. By the pleadings and the declarations which were before the court upon the heari...
Views: 1
—Donald S. Bond (Bond), executor of the Estate of Mima MacArthur (Mima), appeals from a portion of a judgment ordering proration of federal estate tax, California inheritance taxes and appraiser’s fees against Mima. Pacts Mima and Jane McDonald (Jane) were life-long friends. Until her death, Jane resided in a house owned by Mima in Solana Beach. On or about May 3, 1961, Jane transferr...
Views: 0
—The widow and four minor children, as sole heirs of Manuel Moreno, sued Willie Flores Herrera for damages caused by his death, allegedly due to the actions or omissions of the defendant as decedent was riding with him in his Chevrolet automobile in the late evening of May 14, 1965. The vehicle operated by the defendant made slight contact with another car, skidded into the concrete abutment of...
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—Involved in this appeal is the relationship between the First Amendment rights of free speech and free press, and a court’s power to punish as contempt the placing of a newspaper advertisement relating to a pending criminal trial by jury. The City of Eureka by ordinance had imposed a transient occupancy tax on motels and hotels. The tax was locally known as the “Bed Tax,” and it was the subjec...
Views: 7
pro tem. * —Defendant was charged by information with violation of section 288 Penal Code (lewd and lascivious act upon the body of a child under 14 years of age) in two counts. He was also charged with four prior convictions of felony and with having served a term of imprisonment in the state prison upon each of such convictions. The priors alleged were for burglary, a felony, in the State of ...
Views: 4
—Defendant was convicted of three counts of attempted grand theft from the person (Pen. Code, §§ 664; 487, subd. 2). By stipulation the trial was by the court; upon the preliminary transcript as the only evidence on the issue of guilt. The court also found true the allegation that defendant had previously been convicted of grand theft and attempted grand theft in San Francisco, and attempted gran...
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—This is a proceeding under section 1094.5 of the Code of Civil Procedure to review the decision of a retirement board denying the application of a member of the retirement system for a service connected disability retirement allowance. Willard A. Rigley, petitioner-respondent, was a safety member of the San Diego County Employees ’ Retirement System for more than five years, having served...
Views: 17
—Plaintiffs, who consist of Butchers Union, Local No. 120, its secretary-treasurer, and several members of the union, sought to recover, for all members similarly situated; wages allegedly due from the defendant meat processors under the provisions of a collective bargaining agreement which guaranteed the regular employees a five-day, forty-houy work week. The defendants, members of the Pacific...
Views: 7
—Count I of an information charged that appellant conspired with Paul Van de Bogart to violate Health and Safety Code, sections 11530 (possession of marijuana), 11500 (possession of peyote), 11500 (possession of demerol) and 11531 (sale of marijuana), and Business and Professions Code, sections 4227 and 4230 (sale and possession, respectively, of dangerous drugs). The conspiracy count set ...
Views: 6
—Defendant executrix appeals from a judgment for plaintiff in an action brought to recover the reasonable value of services rendered prior to decedent’s death. Charles Fowler died September 27, 1963. Defendant was appointed executrix of his estate valued at $27,000. Plaintiff was not named in the will. Neither plaintiff nor the legatees in the will were, as far as the record- discloses, re...
Views: 0
—In 1959 Jess S. Morgan, agent for plaintiff Debbie Reynolds, approached defendant H. G. Saperstein, an experienced “merchandiser of personalities,” in connection with the “merchandising” of Debbie Reynolds’ name. “Merchandising” of personalities consists of licensing manufacturers and retailers to attach the name of the personality to their product to promote their sales in exchange for a fee pa...
Views: 0
pro tem. * —Defendant Cheeseman appealed from the summary judgment entered against him upon plaintiff’s motion. We are reversing the judgment. The complaint alleged the making of a promissory note on April 20, 1959, whereby defendant Cheeseman and the two other defendants promised to pay Florence May $43,500 in monthly installments of $300. Default in a monthly payment *5...
Views: 1
—This consolidated appeal is from the judgments entered against defendant in two cases. Defendant was charged in case No. 314434 with two violations of Health and Safety Code, section 11911, for possessing for purpose of sale two restricted dangerous drugs, seeonal and benzedrine. The cause was submitted to the court upon the transcript of the preliminary examination proceedings with additional...
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—The factual background of this appeal is taken from the brief of the appellant, omitting transcript references : “This is an action for declaratory relief, forfeiture, and an accounting, which arises out of the Last Will and Testament of William S. Hart, Sr., who died in Los Angeles County on June 23, 1946, leaving a Will executed September 9, 1944, through which defendant County of Los A...
Views: 6
—The Union Central Life Insurance Company (“Union”) interpleaded the sum of $50,000, payable by it on the death of Raymond V. Pepe. The contesting claimants are Mavis C. Janssen, the former wife of the decedent, and Karla G. Pepe, his widow. After discharging Union from any further obligation under its policy upon deposit of the proceeds in court, the superior court granted Karla’s motion for s...
Views: 0
—Defendant appeals from a judgment of conviction for assault with a deadly weapon. (Pen. Code, § 245, subd. (a).) 1 Two prior felony convictions were charged in the information, one a 1960 Texas felony, the other a 1963 Mississippi conviction. The Texas felony was found to be true. There was no finding with respect to the Mississippi conviction. The matter was submitted to the trial court o...
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—Defendant appeals from the judgment of conviction entered following a nonjury trial that resulted in his conviction of the crime of assault with intent to commit rape. (Pen. Code, § 220.) Prior convictions for assault with intent to commit rape and violation of Vehicle Code, section 503, were alleged and found to be true, Relying on Miranda v. Arizona, 384 U.S. 436 [16 L.Ed.2d 694, 86 S.Ct. ...
Views: 0
Preliminary Statement The parties to this litigation are and will be hereinafter referred to as follows: Party Herbert Pratt, Plaintiff and Appellant Local 683, Film Technicians of the International Alliance of Theatrical Stage Employees, Defendant and Respondent General Film Laboratories, a division of DeLuxe Laboratories, Inc., Defendant and Respondent Donald Haggerty, Union Busin...
Views: 7
—Defendant Faust appeals from a judgment in favor of plaintiffs after a court trial. The action was brought to restrain Faust from carrying on a real estate business on a lot owned by him in claimed violation of certain *572 restrictions on the use of the lot for other than residential purposes. The plaintiff Arrowhead Mutual Service Company (hereinafter referred to as Mutual ...
Views: 4
— The plaintiff-appellant brouught this action to set aside a judgment of divorce on the ground of extrinsic fraud perpetrated upon her by her husband, the defendant in the original divorce proceeding and respondent here. The superior court sustained respondent’s general demurrer to appellant’s complaint and refused leave to amend, on the ground that the allegations contained in the complaint w...
Views: 0
—The question presented by this appeal is whether a handwritten letter is admissible to probate as its author’s holographic will. The letter, which is in a barely legible scrawl, reads as follows (strikeouts by the author shown, within brackets) : “Redwood City Calif July 29—1927 “R 1 Box 317 “Mr. Herman Wolfe “Dear Brother I will drop you a few lines this morn, this leaves me OK hope you all are ...
Views: 0
—Having been found guilty by a jury, defendant appeals from a judgment of conviction of murder in the first degree (Pen. Code, §187) with a penalty of life imprisonment. On Sunday, July 19, 1964, Virginia Mae Cothern was working as a barmaid at the Sidewinder Bar in El Monte. When Fred Baker, the owner of the Sidewinder, left at 7:30 p.m., several customers were drinking at the bar. He told Mis...
Views: 7
—Appellant was convicted of first degree murder for the killing on August 4, 1965, of his wife, Nancy Muszalski; and of attempted murder for the shooting of his father-in-law, Frank Paloutzian. Appellant’s wife had separated from him and was living with her parents. There was an interlocutory decree of divorce; a final decree would have been available in about a month. Appellant blamed his wife’s...
Views: 4
—Ida Simon appeals from an interlocutory judgment of the superior court in which she and her husband, Joseph Simon, each obtained a divorce from the other on grounds of extreme cruelty, which purported to divide the community property of the parties equally, and awarded appellant alimony of $250 per month for a period of four years. Appellant contends that (1) the evidence was insufficient to s...
Views: 1
—This is an appeal by plaintiff from an order “denying her motion for attorney’s fees and costs on appeal. ’ ’ Plaintiff herein brought an action for divorce. A decree was granted to each of the parties and plaintiff appealed from the judgment. This court on this date has disposed of that appeal in our ease numbered 31564. Therein we stated the facts and other pertinent matters and no useful pu...
Views: 1
—This is an appeal by defendant Bank of Downey (hereinafter sometimes referred to as the Bank) from a judgment in equity setting aside a default and default judgment taken by the Bank against respondent in a prior case. Respondent Glenna M. Higley, aged 48, was married for the second time in 1960 to Lorenzo S. Higley, Jr. The couple separated in July 1964, and respondent instituted an action fo...
Views: 5
—This is an appeal from a judgment of conviction of burglary. ■ In an information filed in Los Angeles on August 4, 1966, defendant was charged with a eodefendant with burglarizing a building on July 13, 1966. It was further charged that at the time of the commission of the offense, the defendants were armed with a deadly weapon, namely á .38 caliber revolver. By stipulation the cause was submi...
Views: 4
—Donald Paul Berry appeals from a judgment of conviction, pursuant to a jury verdict, of three counts of committing lewd and lascivious acts upon the body of a child (Pen. Code, § 288). Appellant was denied probation and sentenced to state prison on each count. The record reffects the testimony of two little girls as prosecution witnesses. Carrie Jorgenson, a six-year-old first grade pupil, was...
Views: 11
—This is an appeal from a judgment of conviction of burglary. Appellant was originally charged with burglary with explosives (Pen. Code, § 464) but following the preliminary hearing the information was amended to charge him in a second count with burglary. The case was submitted on the transcript of the preliminary hearing augmented by further testimony by stipulation. The court found appellant...
Views: 3
—A jury found defendant guilty of two sex offenses, committing lewd acts on the person of a child under 14 years of age, (Pen. Code, § 288) and attempted incest. (Pen. Code, §§664 and 285.) Following mentally disordered sex offender proceedings, he was denied probation and sentenced to consecutive prison sentences. This is an appeal from the judgment. Defendant challenges the sufficiency o...
Views: 0
—The appeal is by the State of California, plaintiff in a proceeding in eminent domain. The property condemned consisted of fractional lots improved by two old apartment houses located on “O” Street between 14th and 15th Streets in Sacramento. Condemnation was for use in connection with the Capitol Master Plan. The case was tried to a jury which awarded the condemnees $120,000. The state’s ...
Views: 0
—This is an appeal from the judgment in a divorce case by E. S. McKendry, the defendant and cross-complainant, against Pancho B. McKendry, his wife, more familiarly known in the history of air flights and desert land proprietorship- as Pancho Barnes. Mrs. McKendry was .almost completely successful in the trial of this domestic litigation; she obtained a divorce on the grounds of adultery and ex...
Views: 0
—Both sides appeal from a judgment which, in essence, declared plaintiffs to he the owners of certain real property, but awarded a money judgment in the net amount of $9,176.06 to defendants. *688 On December 20, 1956, defendants owned 160 acres of real property near Lancaster, California, legally described as the “South half of the North half of Section 9, Township 7 North, Range...
Views: 1
—This appeal is from the order granting defendant’s motion for summary judgment and dismissing the complaint. The ground of the decision was that the action alleged was barred by the statute of limitations, Code of Civil Procedure, section 340. 1 The original complaint was filed December 16, 1964, and alleged in substance that on December 20, 1963, the plaintiff Sehroeter was ...
Views: 0
Petitioner, lawfully confined in Folsom Prison pursuant to a judgment of conviction not here in issue,* 1 attacks as improper the failure of the trial court to credit him with time served, hy reason of an invalid commitment, as required by Penal Code, section 2900.1, which provides: “Where a defendant has served any portion of his sentence under commitment based upon a judgment which...
Views: 0
—Following a jury trial defendant was found guilty of first degree murder and the penalty was fixed at life imprisonment. Defendant appeals from the judgment of conviction, order denying new trial and order denying a motion for reduction of sentence. The latter two orders being nonappealable, the appeals therefrom must be dismissed. 1 The charge arose out of the disappearance on August 20, 19...
Views: 20
—Betty Sue Lockwood, a minor, by petition of her mother (who bears exactly the same name) seeks release from detention under an order of the juvenile court. When the petition was filed the minor was held by the Chief Probation Officer of the County of Santa Clara. Although she has been removed under court order and lives with relatives in Bar stow, this court retains jurisdiction because the juve...
Views: 0
—This is an appeal from a judgment of conviction of armed robbery. *729 In an information filed in Los Angeles on July 29, 1965, defendant was charged in count 1 with participating with James Arthur and Richard Brown in robbing Van Alexander of $85 on or about June 23, 1965, in count 2 with participating with James Arthur and Richard Brown in robbing Emanuel Stahl of certain clothing of the v...
Views: 7
—This is an appeal from “the judgment” “made on March 3, 1967.” Defendant was found guilty of possession of amidone. In an information filed in Los Angeles on August 21, 1961, defendant was charged with possessing amidone on July 31, *733 1961, in violation of the provisions of section 11500 of the Health and Safety Code. In a jury trial defendant was found guilty as charged. She made an appl...
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—This is an appeal from a judgment of possessing marijuana in superior court case No. 287,955 and from a judgment of possessing marijuana in superior court case No. 315,044. In an information filed in Los Angeles on May 7, 1964, defendant was charged with possessing marijuana on April 14, 1964. She pleaded not guilty and ultimately was found guilty. Proceedings were suspended and probation was ...
Views: 4
—This is an appeal from a judgment of conviction of robbery. In an information filed in Los Angeles on April 20, 1965, defendant was charged with robbing Walter McCoy and Langendorf Bakery of about $123 on or about March 8, 1965. Further it was charged that defendant at the time of the commission of the offense was armed with a deadly weapon namely, a gun. Defendant pleaded not guilty. In a jur...
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—Defendant appeals from the “judgment,” i.e., order granting probation (Pen. Code, §1237), entered on December 22, 1965, and based upon his June 17, 1963 plea of guilty to the crime of possessing heroin in violation of section 11500 of the Health and Safety Code. A certificate of probable cause for appeal (Pen. Code, §1237.5) has been filed although insofar as defendant “is not attempting to chal...
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—The amended complaint alleges that the front stairway to rented premises was defective by reason of variations in height of risers and absence of a central handrail. It asserts that this condition had for a long time been known to the owner; that defendant insurer, with “actual knowledge” of this condition, “negligently aided, abetted, encouraged and induced” the owner to maintain the conditio...
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—This action was brought under the Federal Employers’ Liability Act (FELA), 45 U.S.C.A., § 51 et seq., to recover damages for personal injuries sustained by plaintiff on November 2, 1962, while working as a machinist on a diesel-electric locomotive at the repair shop of the defendant, Southern Pacific Company, an interstate common carrier by rail subject to the FELA. On the date of the accident...
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—Appellant’s notice of appeal purports to be “from the order and judgment, on October 7,1966, known as Item 501 and Item 502 heard on October 6, 1966, . . . and noticed to Virginia Richmond on October 11, 1966, ...” The record shows that the matter of the executor’s first “Account Current and Report ...” was heard on October 6, 1966, that no hearing was had or order made on October 7, 1966; that a...
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—Plaintiff Ann Boykin, the wife of defendant Eugene Boykin, seeks to recover damages for personal injuries which she received while she was an occupant of an automobile which her husband was driving on the Ventura Freeway. The automobile collided with an object beside the freeway. No other automobile was involved in the accident. The first cause of action is predicated upon negligence, and the se...
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—Plaintiff Capell Associates, Inc. (Capell), an owner of land, sold part of it by contract of sale to S. J. *775 Torre for $221,400 with no down payment. Torre assigned the contract to Golf Club Estates, a corporation. The contract of sale contemplated a subdivision development with subordination of Capell’s purchase money deed of trust to deeds of trust for “construction” loans. D...
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—James Dabney was accused in the information of four felonies committed at or in the vicinity of South Dos Palos in Merced County; count I charged that the appellant and three other defendants, who are not involved in this appeal, namely, Ronnie Adams, Lawrence Anderson, Jr., and Daniel Oliver, Jr., were guilty of burglary by entering the building of Wood’s TV Store at Sixth and “N” Streets in So...
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—Plaintiff, a tire repairman, who was injured as a result of an explosion which occurred while he was mounting a new automobile tire on a rim, has appealed from a judgment *796 in favor of the manufacturer and the distributor of the tire, entered following the granting of their motion for judgment notwithstanding a verdict which had awarded plaintiff SSS.SOO. 1 The iss...
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—This is an appeal by the People, as real party in interest, from a writ of prohibition granted by the superior court to Harry Edward Schaeffer, ordering the municipal court “to absolutely and permanently desist and refrain from the trial” to determine whether Schaeffer was guilty of drunk driving. The People dispute the conclusion of the trial court that Schaeffer, earlier arrested and charged wi...
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—This is an appeal from a judgment of dismissal following an order sustaining a general demurrer without leave to amend in an action to set aside a deficiency judgment after foreclosure in Solano County Superior Court, action No. 41076, entitled Roberta B. Seltzer, et al., v. Richard M. Bussey, et al. The judgment in action No. 41076 involved foreclosure and deficiency proceedings arising ...
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—Plaintiff appeals from a summary judgment dismissing her personal injury action against respondent, the uninsured driver of an automobile which was involved in an accident with a city bus in which appellant was a passenger. The court entered summary judgment of dismissal upon the following showing made by respondent: (1) Appellant’s own automobile liability insurance policy included a provisio...
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—Defendant was accused of violating section 11530 of the Health and Safety Code (possession of marijuana). In a nonjury trial, he was found guilty of violating section 11556 of the Health and Safety Code (unlawfully being in place where narcotics are used), a lesser and included offense in the offense charged. He appeals from the judgment. Appellant contends that there was no reasonable ca...
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—Defendant was accused of armed robbery. He admitted allegations of the information that he had been convicted previously of two felonies (discharging firearm at inhabited dwelling; escape). In a jury trial, he was found guilty as charged. He appeals from the judgment and from the order denying his motion for a new trial. Appellant contends that it was prejudicial error to receive certain evide...
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—The trial court found defendant guilty of grand theft (§487, subd. 3, Pen. Code), escape (§4532, subd. (b), Pen. Code), kidnaping (§ 207, Pen. Code), and assault with intent to commit murder (§ 217, Pen. Code), and an alleged prior felony conviction (assault with a deadly weapon, July 21,1966), case No. 322281, to be true. He was sentenced to the state prison on counts I, II, III and IY for the ...
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—Gerald Albert Camerano and Henry Camerano appeal from the separate judgments by the court, sitting without a jury, convicting each of them of possession of heroin in violation of section 11500, Health and Safety Code. Appellants, who are brothers, were jointly tried and by stipulation the case was determined on the transcript of the joint preliminary hearing. The record establishes that each o...
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—This is an appeal from a judgment of conviction of burglary in the second degree. In an information filed in Los Angeles on March 3, 1967, defendant was charged with codefendant Morrison with burglarizing the apartment of Will Rainey on February 3, 1967, and in count 2 with receiving stolen property, a stereo- *871 television set, on February 4, 1967. It was further charged that Williams pre...
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—Merchant was convicted of a violation of Penal Code, section 12021, which prohibits felons from possessing eoncealable firearms. He contests the admissibility of evidence obtained from him before he had been properly advised of his constitutional rights. Officer Garrison of the Los Angeles Police Department was told by a woman informant that an ex-convict had a gun in his room at a certain addres...
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260 Cal.App.2d 882 (1968) THE PEOPLE, Plaintiff and Respondent, v. CHARLES REED, Defendant and Appellant. Crim. No. 13331. California Court of Appeals. Second Dist., Div. Two. Apr. 10, 1968. Ronald M. Sohigian, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, Raymond M. Momboisse and Stephen Cooper, Deputy Attorneys General, for Plaint...
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—Defendant was convicted of possession of marijuana in violation of Health and Safety Code section 11530. He was granted probation on condition that he pay a fine. The trial commenced on October 24, 1966, and, therefore, this case is controlled by the rules stated in Miranda v. Arizona, 384 U.S. 436 [16 L.Ed.2d 694, 86 S.Ct. 1602, 10 A.L.R.3d 974], (People v. Rollins, 65 Cal.2d 681 [56 Ca...
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—Defendant appeals from an order committing him to the California Rehabilitation Center at Corona, as a result of a determination by the trial court, pursuant to section 3106 of the Welfare and Institutions Code, that he is a narcotic addict. Defendant’s apprehension by the authorities came about as follows. Shortly after noon, on August 11, 1966, Officers Olson and Evans of the Los Angele...
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—In October 1956, petitioner Lewis Jones shot and killed his daughter. He was charged with murder in Fresno County. Incapable of cooperating in the preparation of a defense, he was committed to the Atascadero State Hospital, which is located in San Luis Obispo County. (Pen. Code, §1370.) In July 1958, he was found sufficiently sane to stand trial. On September 16, 1958, he was found not guilty by...
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—This somewhat complex litigation arises from a tort action by the widow and children of decedent Cleon North, consolidated with another suit by his former employer, The Western Union Telegraph Company, for the amount of compensation and expenses paid, under the workmen’s compensation law, for his death in an automobile collision. The North family was awarded moneys as against The Western Union...
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—Defendants appeal from a judgment declaring certain promissory notes to be usurious with no interest due thereon, and adjudging that they repay to plaintiffs such interest as had theretofore been paid. Plaintiff owned approximately 182 acres of land of which 120 acres had been developed into a golf course. The remaining 62 acres had a fair market value of $6,000 per acre and were being held fo...
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—This is an appeal by plaintiffs Tameo Development Company and Andrew Tell from a summary judgment which held to be invalid the 1964-1965 tax assessment of plaintiffs’ real property and directed the board of supervisors of defendant Del Norte County to reconvene as a board of equalization and equalize the assessment on plaintiffs’ property. The facts are substantially without dispute. On the ...
Views: 0
—This is an appeal from a judgment which in effect ordered a refund of franchise taxes paid by Federal Employees Distributing Company, a corporation (hereinafter called Fedco), in the amount of $67,213.71. In a complaint filed May 18, 1965, plaintiff sought to recover a judgment for $67,213.71 from the Franchise Tax Board for and because of illegally assessed and collected taxes. Fedc...
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The parties hereto being unable to consummate a property settlement during the pendency of their divorce action, entered into a stipulation approved by the court on September 7, 1960, for support of their children, respondent-wife, and otherwise affecting but not completing a disposition of their property rights. On July 11, 1961, an interlocutory decree of divorce was granted to respondent-wif...
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Petitioners, landowner-defendants in an eminent domain proceeding, seek a writ of prohibition to restrain respondent court from enforcing an order requiring petitioners to disclose, in answer to interrogatories, the following information about a real estate appraisal obtained by petitioners’ former attorney: (1) the appraiser’s name and address; (2) the date he was hired; (3) whether he rendered ...
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Application for reduction of bail pending appeal. Remanded. On May 25, 1967, defendant Remijio was found guilty of *13having violated section 11500 of the Health and Safety Code. He filed a notice of appeal on June 22. Thereafter an application for a stay of execution or for bail on appeal was denied as to the stay but granted with respect to bail which was set in the sum of $25,000. When the cour...
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Clarence Allison Reed, a resident of Los Angeles, died on June 7, 1937. His wife predeceased him, but he was survived by his two children Paul R. Reed and Bessie May Sheehan. Clarence’s will, dated June 14, 1935, was duly admitted to probate. It provided for the creation of a trust with Paul as trustee and executor of the estate. The trust provisions of the will provided that Bessie was to...
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This is a proceeding in mandamus to compel the Superior Court of the County of Ventura to *25 vacate and set aside its order denying a motion for change of venue and to order a change of venue to Los Angeles County. Petitioner is the defendant in an action filed in Ventura County by Ronald S. Rowe and Eileen V. Rowe in November 1966 based upon a “Hospital, Nurse, Medical and S...
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Defendant was charged in four counts with forgery of a check for $128 with intent to defraud (Pen. Code, § 470), forgery of a fictitious name on two cheeks, in the amount of $51 each, with intent to defraud (Pen. Code, § 470), issuing a check without sufficient funds with intent to defraud (Pen. Code, § 476). Defendant was also charged with a prior conviction of forgery, a felony, on September ...
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This proceeding arises out of an action now pending in the Superior Court for Ventura County, between Alpine Mutual Water Company and others, the petitioners here, as plaintiffs, against Susana Knolls Mutual Water Company, William M. Fisher and Frederick R. Schumacher as defendants. On June 27, 1967, the court made an order requiring plaintiffs to answer an interrogatory consisting of several par...
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We have determined the trial court ruled correctly in not allowing a statement regarding liability insurance to be admitted into evidence and in instructing the jury on the issue of contributory negligence. The plaintiff, Marvin Menefee, met the defendant, David Williams, while “sighting in” his rifle at the Orange Coast Gun Club preparatory to deer season sometime in late 1964. The two became ...
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Plaintiffs appeal from a judgment entered in favor of defendants in a quiet title action which established a boundary line between their respective properties. The facts, which are correctly stated in plaintiffs’ brief, appear as follows. In May of 1959, defendants purchased land which presently adjoins plaintiffs’ property. At that time plaintiffs’ land was owned by Onni Reinikainen. When...
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Defendant appeals from a judgment of conviction entered on a jury verdict finding him guilty of possession of a sharp instrument while confined at a state prison. (Pen. Code, § 4502.) 1 Defendant contends, first, that the court erred in excluding defendant’s testimony as to the reasons for his possession of the instrument; and second, that the judge was so biased as to deny defendant his right ...
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Appeal from a conviction for possession of a narcotic (Health & Saf. Code, § 11500). The sequence of events in the ease could serve as the scenario for a Mack Sennett comedy starring the Keystone Kops, entitled, To Foil the Fuzz, Stash the Stuff. On the afternoon of 30 November 1965, six policemen in two automobiles drove to Glamis Street to look for two prisoners who had escaped thei...
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Defendant was charged with possessing metal knuckles, in violation of section 12020 of the Penal Code. 1 After a trial by jury, he was found guilty as charged ; a motion for new trial was made and denied; he was sentenced to the county jail for six months, which sentence was suspended and he was placed on probation. He has appealed from “the judgment” 2 and from the order denying his motion f...
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This action was before the court on a prior occasion, Ryan v. Mike-Ron Corp., 226 Cal.App.2d 71 [37 Cal.Rptr. 794], The opinion therein was filed March 30, 1964, reversing judgment and returning the matter to the trial court for further action. Shortly thereafter (opinion filed May 24, 1964), the Supreme Court in Keene v. Harling, 61 Cal.2d 318 [38 Ca...
Views: 11
This is a judgment roll appeal and we are severely handicapped by a sketchy record. Moreover, the parties did not appear at oral argument to answer questions. Thus, we find it extremely difficult, if not impossible, to resolve their conflicting versions of crucial facts allegedly established by the evidence. However, we have carefully reviewed the limited record (the exhibits in particular) and...
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Defendants Adams and Clegg have severally appealed from judgments of conviction which sentenced each *112 to state prison following jury verdicts which found both guilty of burglary in the second degree. (Pen. Code, §§ 459-460.) Bach contends that the evidence is insufficient to sustain his conviction, and that the court prejudicially erred in permitting the prosecutor to impeach a witness call...
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This is an appeal by defendant from judgment, after court trial, in favor of plaintiff in the sum of $112,486.65, being refund of portions of franchise taxes for income years 1956 through 1959. Questions Presented 1. This court is not bound by the trial court’s conclusions on undisputed facts. 2. Plaintiff was conducting a single unitary operation as its Pacific division was not ...
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William Harper Johnson appeals from “that portion of a judgment of the Superior Court of San Luis Obispo County granting respondent an interlocutory decree of divorce and awarding her alimony, and from an order after judgment awarding respondent attorney’s fees and costs on appeal. ’ ’ Appellant’s basic contention is that the trial court erred in failing to give full faith and credit to a decree o...
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This is a timely petition for review of a decision of the Workmen’s Compensation Appeals Board which denied death benefits to the minor sons of a school teacher who committed suicide about three weeks after his *148 petition for reconsideration of an award which he considered inadequate was denied. The decedent was employed as a school teacher by the Inglewood School District when he fell and...
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In March 1946, married woman Mattilee French Hayes recorded a purported declaration of homestead covering part of her separate property. Her husband died in 1961. She died in May 1963. In July 1963, plaintiff Dorwyn G. Turnbull’s assignor executed on a lien on the property. Plaintiff filed this action to quiet title to or to foreclose a lien on the property. Defendant Jack W. Hayes is the administ...
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Divorce defendant Myron Philip Anthony appeals from an order after final judgment awarding plaintiff Oletia Marie Anthony $53,000 for attorneys’ fees. The Anthony property settlement agreement requires defendant to pay plaintiff’s reasonable divorce and property settlement attorneys’ fees. In its interlocutory divorce decree, the trial court approved the property settlement agreement, and by st...
Views: 0
Defendant was charged with the offenses of forcible rape and assault with intent to commit rape; was *160found not guilty of the former and guilty of the latter; appealed from the judgment, which was affirmed by this court on July 8, 1965 (People v. Erb, 235 Cal.App.2d 650 [45 Cal.Rptr. 503]) ; and petitioned the Supreme Court of California for a hearing, which was denied September 2, 1965. The re...
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Petitioner City of Oakland seeks review, under authority of Labor Code section 5950, of a decision of respondent Workmen’s Compensation Appeals Board made in proceedings commenced by respondent Alice Reimers, individually and as administratrix of the estate of her deceased husband, Herbert Reimers. Herbert Reimers was a retired Oakland fireman. On October 31, 1951, at age 38, he suffered a...
Views: 4
Defendant appeals following jury conviction of auto theft (Veh. Code, § 10851). The prosecution’s ease in chief is based upon the testimony of three witnesses. Michael Burns testified that on July 30, 1965, about 7 p.m., he drove his 1954 Chevrolet out to a sawmill near Fortuna, where his brother Gene was at work; that he parked it in the mill’s parking lot and put the car keys on the sun visor...
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Seven misdemeanor parking violations (San Francisco Municipal Traffic Code, §§ 32(a), 32(b) and 32(c)) were charged against petitioner. He demanded jury trial, elected to represent himself, and consumed five days in trial. The jury convicted him on all counts. He filed notice of appeal. He made no attempt to secure a settled statement of the oral proceedings but moved in the trial court for a rep...
Views: 10
Stephanson was convicted of first degree murder and of two assaults with a deadly weapon with intent to murder. The conviction grew out of an early morning automobile foray into Watts by three men armed with a shotgun 1 ‘ to go get some niggers. ’ ’ On appeal Stephanson contends (1) there was insufficient evidence of murder in the first degree, (2) the instructions on manslaughter did not ...
Views: 8
This is an appeal from a judgment 1 of conviction of murder which the trial court, as the trier of fact, found to be of the first degree. Appellant was sentenced to life imprisonment. Appellant’s principal grounds of appeal are: (1) he was prevented from receiving a fair trial upon his defense of diminished capacity because pursuant to stipulation of counsel the guilt and insani...
Views: 13
This appeal, brought by defendant Harbor Insurance Company (Harbor), is from a declaratory judgment in favor of plaintiff Ohio Casualty Insurance Company (Ohio), determining the respective obligations of each party to indemnify and defend a third party claim for property damage lodged against their respective insureds. Judgment in favor of plaintiff Ohio was entered May 6, 1966, declaring defen...
Views: 3
The order granting the motion to strike portions of the answer to the complaint being non-appealable, the attempted appeal therefrom must be and is hereby ordered dismissed. The dispute grows out of the purported obligation of the defendant and cross-complainant New Amsterdam Casualty Company to complete certain improvements in a subdivision after the default of the developer of that subdi...
Views: 3
The facts of the original dispute between appellant county and the recipient of aid for needy children have no relevance on this appeal; that is to say, whether the recipient was entitled to aid and how much are not the crux of the appeal. The question is, did the recipient have a right to a hearing; if so, do procedural errors and omissions require a reversal? Charles Morris was granted a...
Views: 0
The basic issues to be settled on this appeal, considered separately, are few and simple enough • the final questions to be settled are whether the trial court should be upheld for granting a new trial in favor of the plaintiffs as against the defendants Sam Diaz, Kenneth Ellston and Pete Arizmendis, and whether a judgment notwithstanding the verdict in favor of the plaintiffs and against the s...
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This appeal concerns the uninsured motorist provisions of Insurance Code section 11580.2. The car of an admittedly negligent uninsured motorist collided with an automobile owned and driven by George Rehm. Appellants and cross-complainants John L. Wheatley and Malcolm Darrah were passengers in the Rehm automobile. Rehm died and Darrah and Wheatley suffered serious bodily injuries as a proxi...
Views: 8
This is an appeal from a judgment awarding Alfred Silva damages against Nathan J. McCoy, his employer, for wrongful termination of a written contract to employ Silva as a motel manager. McCoy contends on appeal that the written contract of employment by its terms contemplated that the ownership of the lease on the motel might be transferred or assigned and that Silva was entitled to compensation ...
Views: 4
Petitioners are the widow and minor children of George Hemingway, who died from a heart attack on May 16, 1963. Petitioners applied for death benefits under the workmen’s compensation law, naming two alleged employers as defendants. After hearings, respondent board’s referee ordered that petitioners take nothing as to either employer. Respondent board granted reconsideration but entered a decisio...
Views: 6
This is an appeal from an order admitting defendant to probation upon conviction of violation of Health and Safety Code, section 11530 (possession of marijuana) . The order must be reversed because the court erroneously sustained an objection to a question as to the identity of an informer who was a material witness; therefore we shall deal only with those of appellant’s further contentions which...
Views: 8
An information charging defendant with one count of forgery. (Pen. Code, § 470) consolidated for trial with an information charging his brother Reece Ray McKissaek with four counts of forgery, became count V of the consolidated information. A jury found defendant guilty of forgery as charged in count V; Reece Ray McKissack was found guilty on counts I, II, III and IV. Only defendant appeals from ...
Views: 4
Defendant was found guilty of possession of heroin (Health & Saf. Code, § 11500) • he appeals from the judgment. On the basis of his own personal knowledge that defendant had been engaged in the sale of narcotics (marijuana and heroin), acquired from his two prior arrests of defendant, one involving a large quantity of marijuana and the other, possession of heroin, and on inform...
Views: 11
Plaintiff Ruth M. Granville sued defendants Short, Parsons, Burris, Keddie and Ginter for the wrongful death of her husband and her own personal injuries. 1 When the case went to trial before a jury all defendants except *300 Parsons had been dismissed. The trial was on the issue of liability only. The verdict was in favor of Parsons and plaintiff appeals. The basic...
Views: 4
Petitioners seek a peremptory writ of mandamus from this court ordering the respondent superior court to set aside its order denying discovery and to issue an order compelling the real parties in interest to answer questions which petitioners have propounded by way of interrogatories and oral deposition. Petitioners seek this discovery in connection with their action in the respondent supe...
Views: 13
On December 22, 1960, plaintiff (hereinafter “Franco Western” † ) sued defendant Cameron, ** doing business as Cameron Oil Company. The controversy relates to the ownership of oil and gas leases in the Meridian area of Sutter County. Franco Western sought to establish ownership of a one-half interest in those leases, a concomitant of a joint venture between the parties. It...
Views: 2
On July 16, 1965, the- Orange Empire National Bank filed a cross-complaint for $50,000 against several parties, including the cross-defendant Lowell O. Kirk, M.D. The bank’s cross-action was predicated on a continuing -guaranty which was allegedly signed- by. several .cross-defendants, including Kirk. Th e. bank’s - cause .of. action arose 'as a result .of-a .lawsuit filed .by certain. ..plaint...
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This is an appeal from a judgment denying appellant’s petition for a writ of mandate, dissolving the alternative writ, and adjudging appellant indebted to the retirement fund of the City and County of San Francisco in the amount of $4,708.92. The facts are not in dispute. Appellant is a cable ear grip-man on the San Francisco Municipal Railway, a civil service position. For a long time pri...
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This is an action (Wat. Code, §§ 50440, 50979; Code Civ. Proc., §§ 860-870) to determine the validity of the proceedings for the organization of plaintiff district, the proceedings of its governing board authorizing execution of two contracts which are the subject of dispute, and the provisions of those contracts. The two contracts in issue are between the United States, on the one hand, and so...
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On December 13, 1963, defendant entered a plea of guilty to possession of marijuana (§ 11530, Health & Saf. Code) in ease 280040; on January 10, 1964, he was granted probation for three years. In a subsequent ease, 296630, defendant was charged with possession of marijuana and the cause was submitted on the transcript of the testimony taken at the preliminary hearing; on January 29, 1965, ...
Views: 6
Plaintiff, 1 The K. King and The G. Shuler Corporation, appeals from the judgment awarding it $300 on its first amended complaint against the defendant Theresa King. Consideration of plaintiff’s claims of error in light of the record and the applicable rules of law has led us to conclude that the judgment should be affirmed. The Factual Background Because insufficiency of the evidence to su...
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Shortly after midnight in the early hours of December 14, 1966, Officer Smith of the San Diego police, *400 in uniform and alone in a marked police car, saw defendant, who was then 19 years of age, standing on the sidewalk at the southeast corner of tile intersection of Lamont and Garnet Streets in the Pacific Beach area of San Diego; defendant appeared to be trying to hitch a ride. The area ...
Views: 0
Defendants were convicted of the offense of grand theft; applied for and were granted probation; and appeal from the conviction. Defendant Layman was an estimator and defendant Perusse was a licensed inspector *406 employed by Countywide Termite Control, Inc., which was engaged in the business of repairing damage caused by and controlling termite infestation. On November 9, 1966 defendants obta...
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The California Department of Employment and the California Unemployment Insurance Appeals Board appeal from a judgment of the superior court in administrative mandamus proceedings taken pursuant to Code of Civil Procedure section 1094.5. The judgment reversed decisions denying certain unemployment insurance benefits to respondents. The trial court took no testimony. The ease was tried on the re...
Views: 4
This is an appeal by plaintiff Keith O’Brien from an order awarding custody of his minor child, Tanya, to her maternal grandparents pending further order of the court. On June 27, 1966, plaintiff filed a complaint for divorce on the grounds of adultery and extreme cruelty. Plaintiff sought custody of the parties’ minor child, Tanya, then four years of age, and alleged that defendant Lucretia O’...
Views: 6
Defendant, John George, appeals from a judgment rendered on a jury verdict finding him and his codefendant Forester guilty of first degree robbery (Pen. Code, § 211) and the lesser-included offense of assault with a deadly weapon (Pen. Code, §245, subd. (a)). 1 He contends that: the evidence is insufficient to support the judgment; the court erroneously directed a verdict of guilty; the conflic...
Views: 16
The plaintiffs-appellants, Roger Jessup and Marguerite Rice Jessup, partners, and Marguerite Rice Jessup, trustee, doing business under the firm name of Roger Jessup Farms, sued the defendants, Bill W. Center, doing business as Center Livestock Company, and Cattle Center, Inc., for damages for fraud and conversion. The trial court entered judgment in favor of plaintiffs against the defendant Bi...
Views: 1
This appeal is from an order setting apart a homestead to the surviving widow. The decedent died September 30, 1962, leaving surviving his widow. Included in the property owned by the decedent were two pieces of real property. One was a multiple dwelling, consisting of four rental units in Huntington Park, California, which was held in joint tenancy with the surviving spouse, the income from wh...
Views: 0
In an information filed by the District Attorney of Los Angeles County, defendant was accused in three counts. In count 1, he was accused of violating Penal Code, section 459 (burglary); in count 2, with violating Penal Code, section 209 (kidnaping for the purpose of robbery) ; and in count 3, with violating Penal Code, section 261.3 (forcible rape). Defendant was arraigned and pleaded not guil...
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Following a jury trial defendant was found guilty of abortion, his motion for a new trial was denied, proceedings were suspended and he was granted probation. 1 *457 Defendant appeals front the order granting probation and also'purports'"to appeal from a “judgment of conviction’’ •and. an order denying new trial. A judgment of conviction not having been entered and an order denying a new tria...
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Defendants 1 (hereafter collectively Allans) appeal from a judgment quieting the title of plaintiffs 2 and cross-defendants 3 (hereafter collectively referred to as Nielsons) to a prescriptive easement, enjoining them from interferring with the use thereof, and denying relief on their cross-complaint. The Allans contend error because the Nielsons’ contemplated u...
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This case presents two quite separate questions of law: first, whether a half-sister of a testatrix may challenge a charitable devise or bequest under section 41 of the Probate Code; and second, whether an order setting aside an agreement by the testatrix’ surviving husband to settle a will contest and to assign to a charity all of his rights because of mistake and because of gross unreasonablenes...
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Plaintiff in this divorce action appeals from orders made upon her application for custody of the parties’ minor daughter. When the interlocutory decree of divorce was entered in October of 1961, the girl was about three and one-half years old; nevertheless, the court awarded custody to the father because the mother had quite recently been under commitment to a state hospital for the mentally ill...
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This is an appeal by the Department of Alcoholic Beverage Control of the State of California (hereinafter sometimes referred to as the Department) through its director, James 0. Reimel, from a judgment of the trial court denying a petition for a writ of mandate (and discharging an alternative writ of mandate), which would have required the Alcoholic Beverage Control Appeals Board (hereinafter s...
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Petitioner seeks review and annulment of that part of the award of the Workmen’s Compensation Appeals Board made after reconsideration which denies her reimbursement for self-procured medical expenses and for medical-legal expenses. Upon her claim for workmen’s compensation the referee found that the applicant sustained injury to her left arm, chest and hack arising out of and in the course of ...
Views: 0
Plaintiff appeals from a judgment for the defendant entered after defendant’s motion for nonsuit was granted upon completion of plaintiff’s opening statement to a jury. The appeal is presented on the clerk’s transcript and on a settled statement in lieu of a reporter’s transcript. Plaintiff’s complaint alleged a cause of action for damages for personal injuries he sustained in a waterskiin...
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For the third time, this court has been called upon in these consolidated appeals to pass upon issues of the litigation in the above estate. Reference is made to the two earlier opinions in Estate of Miller, 212 Cal.App.2d 284 [27 Cal.Rptr. 909] and Estate of Miller, 230 Cal.App.2d 888 [41 Cal.Rptr. 410]. No move for a hearing by the Supreme Court was made in the first case; but, in the latter ins...
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Pending questions in the present Miller estate appeals (see Estate of Miller, ante p. 536 [66 Cal.*556Rptr. 756]) involve the query why the costs awarded by this court in both of the preceding appeals (Estate of Miller, 212 Cal.App.2d 284 [27 Cal.Rptr. 909] and Estate of Miller, 230 Cal.App.2d 888 [41 Cal.Rptr. 410]) have not been realized by Miriam Miller Hartman, notwithstanding the direction in...
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Plaintiffs appeal from the judgment of dismissal in favor of defendants following special jury verdicts. Statement of the Case On September 7, 1960, plaintiffs Edward and Lily Hsu, husband and wife, filed the instant action against defendants *568 Mt. Zion hospital, Dr. Robert Reiss, Richard R. Angotti, and City and County of San Francisco. The complaint seeks damages...
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This is an appeal from an order granting the plaintiff’s motion for a new trial following judgment on a jury verdict in favor of the defendants in an action for medical malpractice. Appellant Pliney Adams is a physician, specializing in anesthesiology. In treating respondent, he injected a local anesthetic by needle into respondent’s back, lateral to the midline and adjacent to the lumbar 1-2 i...
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This is an appeal from a judgment of conviction after trial by jury on two counts of burglary and two prior felony convictions. The facts are not disputed. The evidence disclosed that the appellant was arrested after making purchases of clothing at the Dorca Sportswear Shop and the Kaldor Knit Shop in Berkeley. Bach purchase was under $50 and was made with a Bank of America credit card whi...
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Appellants Marquez and Valdivia, with two other persons, were jointly charged with possession of heroin for sale (Health & Saf. Code, § 11500.5) and possession of marijuana for sale (Health & Saf. Code, § 11530.5). A jury was waived and, by stipulation, the People’s case was submitted upon the transcript of the preliminary examination. The only witness at the trial was the arresting officer, ca...
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In ease number 327,876 Astor Dallas Whitfield and Reynaud Felton Cage were charged with a violation of section 187 of the Penal Code (murder). Trial by jury was had and defendants were found guilty of murder in the second degree. Motions for new trial were denied; motions for reductions pursuant to Penal Code, section 1181, subdivision 6, were denied; probation was denied. Defendants were sentenc...
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With the consent of the school authorities an adult, evening softball league used the ball field of an elementary school. Plaintiff, playing the left field position, was pursuing a fly ball when he ran into a nearby concrete incinerator, suffering severe skull injuries. His damage action against the school district went to trial before the court sitting without a jury. The court found the schoo...
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According to the -allegations of the complaint, this action arises from a fraudulent real estate transaction wherein, as a result of false representations made to plaintiffs by their real estate broker, their property was sold to the broker’s mother-in-law without their knowing her identity, and was immediately sold to others at a significantly higher price. The action was brought to recover se...
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This is an appeal from an order denying a motion to vacate a bail forfeiture. On January 19, 1965, 1 Robert P. Tucker was charged by complaint with the crime of robbery, a felony. (Pen. Code, § 211.) Bail was duly fixed at $7,500, plus $750 penalty assessment. Appellant, a corporate surety, posted its bail bond in the required amount of $8,250 on February 19, and Tucker was released. Upon arr...
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259 Cal.App.2d 637 (1968) THE PEOPLE, Plaintiff and Respondent, v. PHILLIP JOHN RUSSELL, Defendant and Appellant. Crim. No. 13613. California Court of Appeals. Second Dist., Div. Three. Feb. 29, 1968. Milan Moacanin for Defendant and Appellant. Thomas C. Lynch, Attorney General, Daniel J. Kremer and Marjory Winston Parker, Deputy Attorneys General, for Plaintiff and Respondent. COBEY, J. O...
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The trial court sustained the demurrer of the respondent Crown Coach Corporation (hereinafter Crown) to the second amended complaint upon the ground that the action was barred by the one-year limitation provided in Code of Civil Procedure section 340, subdivision 3. The single question presented here is whether plaintiff’s original complaint made Crown a party from the commencement of the ...
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Defendant was charged in one count with a violation of Penal Code, section 286, and in one count with a violation of section 288a of the Penal Code. It was charged that defendant was more than 10 years older than the victim and that the victim was under 14 years of age. Defendant was charged with priors for burglary in the State of Missouri, forgery of a United States Treasury cheek, burglary i...
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Defendants Charles M. Brown, Tony Catón, Cora Craddock, Charlie Fleming, John M. Fleming, Lorene Fleming, Hable C. Haley, John HeGuwan, Johnnie Price, Erenthia V. Woolfolk, Bessie H. Smith and Roy Young were each convicted by the court of two offenses, conspiracy to conduct a lottery (Pen. Code, §§320, 321, 322, 323) and to engage in bookmaking (Pen. Code, § 337a), in violation of Penal Code, sec...
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On November 10, 1965, appellant was sentenced to state prison following his plea of guilty of the offense of manslaughter (Pen. Code, § 192). There was no valid appeal from the judgment. On January 23, 1967, appellant filed in the superior court a petition for writ of error coram nobis. The judge who had heard the earlier proceedings considered the petition and, without formal hearing, made a...
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Defendant Towner and codefendant Watson were charged by information with violation of Health and Safety Code, section 11911 (possession of a dangerous drug for sale). Defendant pleaded not guilty and waived her right to trial by jury. The matter was submitted on the testimony contained in the transcript from the preliminary hearing, subject to the court's rulings, with each side reserving the rig...
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Matola was charged by information with violation of section 211 of the Penal Code (count I, robbery) and with violation of section 245 of the Penal Code (count II, assault by force). Upon the People’s motion, count II was dismissed. Matóla pleaded not guilty. On the date of trial Matóla’s counsel made a motion to sever his trial from that of his codefendant, Lotto. The motion was denied upon the ...
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After a jury trial defendant was convicted of robbery in the first degree. The information against him had alleged that he was armed at the time of the offense and the jury found that allegation to be true. The evidence was quite simple. On October 20, 1966, at 4p.m., Biviano Parada, the victim, cashed his pay cheek in a liquor store on Long Beach Boulevard. He obtained about $190 in cash. He ret...
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An information was filed charging the defendant with two counts of sex perversion in violation of section 288a, Penal Code, and a third count of the infamous crime against nature in violation of section 286, Penal Code. A codefendant, Robert Park Hall, was charged with one count of lewd and lascivious conduct with a child in violation of section 288, Penal Code. A public defender represent...
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In this action for declaratory relief, commenced by an insurer (California State Automobile Association Inter-Insurance Bureau, a reciprocal inter-insurance exchange), the named insured (Joyce E. Bearing), her minor son (Gary R. Bearing), who resided in her household, the victims (Muriel Brown Johansen and Hans Milton Johansen) of an accident in which an automobile operated by the minor son was i...
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The action below was commenced by plaintiff Leslie Kincaid against defendant Sears, Roebuck & *736 Company for damages for malicious prosecution. It was tried before a jury. Plaintiff appeals from an order of the superior court granting defendant’s motion for a new trial. Defendant appeals from an order denying its motion for judgment notwithstanding the verdict. The following...
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This is an appeal from a judgment in a condemnation action, and from an order denying appellants’ motion to vacate the judgment on grounds stated in Code of Civil Procedure, section 473. We affirm both judgment and order. The respondent brought this action to acquire appellants’ property for highway purposes. The land and buildings in question were used as a truck-stop restaurant. At a pre...
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Charged with murder, defendant was convicted of involuntary manslaughter (Pen. Code, §192.2). No instruction on self-defense was given. We reverse, holding that the evidence demanded such an instruction. The basic facts of the ease and those which, in our opinion, called for the omitted instruction are set forth herewith. In reciting the facts we must keep in mind the passage from People v. ...
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Plaintiffs, the surviving widow of Alma A. Petersen, who seeks to recover damages for her own injuries, for the wrongful death of her husband and for loss of her car, and the surviving adult daughter, who, individually and as administratrix, seeks to recover damages for the wrongful death of her father, have appealed from judgments entered in favor of the defendants City of Vallejo and State of...
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March 1967 the People filed a complaint in the Municipal Court for the Los Angeles Judicial District, charging defendant in count I with a violation of section 415 of the Penal Code (disturbing the peace), and in count II with a violation of section 602.7 of the Penal Code. Both offenses were allegedly committed on March 10, 1967. Defendant demurred to count II of the complaint on the ground th...
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Plaintiff (Zander) obtained a judgment, after a court trial, against defendant Casualty Insurance Company of California (Casualty) for $21,219.20 for damages from breach of an oral insurance “binder.” Casualty appeals. 1 We will discuss and answer Casualty’s contentions under appropriate captions below. The Facts On March 9, 1962, plaintiff, Zander, had recovered a personal...
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This appeal is from a judgment of the superior court which denied the petition for writ of mandate of Blood Service Plan Insurance Company (hereafter BSPIC) brought against the Insurance Commissioner of the State of California. The petition prayed that the insurance commissioner be commanded to issue BSPIC a certificate of *809 authority permitting it- to transact its disability in...
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Defendant Thomas Wayne Smith appeals from a judgment sentencing him to the state penitentiary on two first degree robberies (counts I and II) and one second degree robbery (count IV) in violation of sections 211 and 211a of the Penal Code. The judgment further recites that ‘1 defendant was armed as alleged” at the time of the first degree robberies and that the ‘ ‘ Sentences as to Co...
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259 Cal.App.2d 826 (1968) THE PEOPLE, Plaintiff and Respondent, v. JESS JOE VALENZUELA, Defendant and Appellant. Crim. No. 13312. California Court of Appeals. Second Dist., Div. Three. Mar. 7, 1968. James D. Loebl, under appointment by the Court of Appeal, and Loebl, Bringgold & Peck for Defendant and Appellant. *828 Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney...
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The City of Anaheim appeals from a judgment dismissing its eminent domain action wherein it sought to condemn a parcel of property owned by the defendants “for the construction, improvement and maintenance of a stadium complex, sports arena and associated parking. .-. .’’ The plaintiff built and developed the Anaheim Stadium on a site adjacent to defendants’ property. The City’s purpose in seek...
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Although juvenile court proceedings are before us, these appeals do not turn upon the rights or interests of the juveniles or their parents. Rather, the dispute is solely among counties seeking determination of which shall bear the administrative and financial burden of wardships. Mendocino County appeals from orders of the juvenile courts of Marin and Sonoma Counties transferring to it the Grimme...
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This is an appeal from a judgment of conviction of selling marijuana in violation of Health and Safety Code, section 11531. In an indictment filed in Los Angeles on August 8, 1962, defendant was charged with selling marijuana on July 25, 1962. Defendant pleaded not guilty. In a trial without a jury defendant was found guilty as charged and was sentenced to the state prison. A résumé of some of the...
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A jury convicted defendant of the offenses of kidnaping (Pen. Code, §207) and forcible rape (Pen. Code, §261, subd. 3). The trial court sentenced defendant to state prison on the rape count. Since the two offenses arose out of a single course of action, the execution of the sentence for kidn ping was suspended, to avoid the double punishment prohibited by Penal Code section 654. (See ...
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The sole question for our determination is whether the death on February 15, 1965, of defendant’s testator Nathaniel Cole, more popularly known as “Nat King Cole,” excused further performance of a written contract between Cole and the plaintiff Brian Farnon wherein Cole agreed to employ Farnon and Farnon agreed to render services to Cole ás a musical director for a period of one year commencing...
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This action arises from a contract entered into April 9, 1963, wherein plaintiff, James E. Den-ham, agreed to construct for the defendant, County of Los Angeles, a vivarium (animal housing and testing annex) at the Olive View Hospital for the sum of $170,486. By his third amended complaint (setting forth six counts), plaintiff seeks to recover a total of $31,655.40, together with interest ...
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Defendant Samuel Edward Smith and his two codefendants Ralph White and Willie Lee Wright were charged in count II of an information 1 with burglary (Pen. Code, § 459) in having entered the store and warehouse building occupied by Mutual Wholesale Liquor, [Inc.], 838 East Fifth Street, Los Angeles, on or about the 11th day of September 1966, with intent to commit a felony and a theft ...
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A jury found defendant guilty of second degree robbery. He appeals. Primary defense claim is absence of jury instructions dealing with intoxication and with the lesser included offense of grand theft. On appeal defendant argues that the trial court erred in not giving such instructions sua sponte, although they had not been requested by defendant’s trial counsel. Addington, the victim, testif...
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Naples Restaurant appeals a judgment for defendant Coberly Ford in an action for fraud and breach of contract in the sale of a motor vehicle. Plaintiff bought a 1962 Ford Thunderbird automobile from defendant in December 1961 for $4,728, plus sales tax. The automobile was described in the contract of sale as a new one, and nothing was said to plaintiff to indicate that it had been driven m...
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Defendant was adjudged guilty after trial to the court of indecent exposure with a prior conviction of the same offense, a felony under section 314, subdivision 1 of the Penal Code. Criminal proceedings were suspended and defendant was committed to Atascadero State Hospital for observation and diagnosis as a probable mentally disordered sex offender. Upon his return from the hospital he was sente...
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Defendant husband has appealed (1 Civil 23481) from an interlocutory judgment of divorce, awarded to his wife on the grounds of his extreme cruelty, and from all of the orders set forth therein other than that awarding him custody of his minor daughter. He also has purported to appeal from an order denying his motion for a new trial, from an order denying his motion to vacate the judgment, and ...
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Petitioner seeks a writ of mandate *929 pursuant to section 416.3, Code of Civil Procedure, requiring the Superior Court for Los Angeles County to enter its order quashing service of summons upon petitioner, a foreign corporation, in an action brought by plaintiff, the real party in interest in this proceeding. The action was brought against petitioner and other defendants (not her...
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This is an appeal by the defendant from an order of the Municipal Court for the Oakland-Piedmont Judicial District denying defendant’s motion to vacate an attachment. The agreed statement on appeal shows that .on March 30, 1967, plaintiff mailed to defendant by regular mail a notice that a writ of attachment on his earnings would issue after eight days from the date of the notice. On May 26, 1967,...
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Petitioner seeks a writ prohibiting his prosecution on a grand theft charge in El Dorado County, the *3 ground being infringement of Ms constitutional right to a speedy trial. Petitioner and two others were arrested on March 2, 1966, on a charge of stealing a reel of telephone cable. A complaint was filed the next day. He was certified to the juvenile court and released on recognizance. The j...
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Two brothers, Henry Garibaldi and Clarence Garibaldi, and their sister, Elvira Levaggi, each owned an undivided one-third interest in common in approximately 1,500 acres of contiguous mountain land containing trees suitable for lumbering. Clarence Garibaldi wished to avail himself of the value of his share of the products from the property, and, without notifying his brother and sister, he made...
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By information defendant was charged with violation of section 11530.5 of the Health and Safety Code (possession of marijuana for sale) (count 1). He pleaded not guilty and waived trial by jury. After the trial, he was found guilty as charged. His motions for a new trial and probation were denied. Defendant was sentenced to state prison for the term prescribed by law. Appeal is from the judgment a...
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—The plaintiff, Ralph Burke, filed a complaint to quiet title to lots 22, 23, 24, 25, 26, and 27 of Moxley and Potter’s Subdivision No. 1 in Tulare County. It alleges that B. L. Stevens and James F. Stevens, sons of his deceased wife by an earlier marriage, claim an interest in the land without right. One of the defendants, James F. Stevens, alleges in his answer that he has succeeded to the inte...
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Famous Builders, Inc. initiated this action to foreclose a mechanic’s lien on a house constructed for defendants pursuant to a written contract; the appellant requested payment in the sum of $9,109, and interest from August 29, 1963. The gross amount above mentioned included the fifth installment of the contract going to make up the total consideration of $22,636 (four installments having been pa...
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—Appellants were convicted of attempted grand theft and of forgery (three counts), and given misdemeanor sentences. They contend they have been twice put in jeopardy. In May 1966 a complaint charged Stoker with attempted grand theft and forgery, and Clark with attempted grand theft, grand theft, and forgery. Prior to appellants’ arraignment in municipal court the district attorney told defense ...
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—Appellant was, by the court, found guilty of robbery in the first degree and sentenced to imprisonment in the state prison for the term prescribed by law. This appeal is from the judgment and sentence. The transcript of the preliminary hearing by proper stipulation together with additional testimony of appellant and his partner in crime, was the basis of the trial. Ollie Barksdale was host a...
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Appellant Department of Motor Vehicles (DMV) appeals from a judgment ordering a peremptory writ of mandate to issue that DMV set aside its order suspending a driver’s license. On November 11, 1966, San Diego Police Officer Warren filed a sworn statement, an arrest report, and a supplemental arrest report with DMV pursuant to section 13353, Vehicle Code. 1 The statement alleged t...
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—The seven plaintiffs were occupants of a 1965 Chrysler automobile which was stopped in the nighttime at a red traffic light on 24th Street in Bakersfield. A 1959 Ford Thunderbird driven by Jimmie Leon Huff, an intoxicated minor of the age of 19 years, struck the Chrysler and injured the occupants. The complaint alleges that Huff was an employee of Kitchen Boyd Motor Company, the defendant copa...
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—The trial court found for respondents-lessees in this action to enforce a rescission of'lease on the ground of fraud and misrepresentation on the part of appellant-lessor. In 1958 appellant and Carolyn Latz moved a house owned by appellant upon a vacant lot owned by Mrs. Latz, and converted it to an office building. When remodeled, it did not conform to the building code ordinances of the...
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General Electric Company appeals from a judgment in the amount of $35,000 entered in favor of plaintiff and respondent, Elma C. Swails, after a jury trial. The action was brought by plaintiff for damages for the wrongful death of her son. Defendant, as permitted by rule 4(b), Rules on Appeal, takes this appeal on a partial transcript of the oral proceedings below. However, there has been n...
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264 Cal. App. 2d 87 (1968) ANDOVER LAND COMPANY, Plaintiff, Cross-defendant and Appellant, v. WALTER W. HOFFMAN et al., Defendants, Cross-defendants and Appellants; EDWARD HARUO YOSHIKAWA et al., Defendants, Cross-complainants and Appellants. Civ. No. 31353. California Court of Appeals. Second Dist., Div. Three. July 17, 1968. Richards, Watson & Hemmerling and Robert L. Hitchcock for Plai...
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—This proceeding in eminent domain was commenced by the Department of Public Works for the State of California on July 20, 1964, to acquire for freeway purposes a portion of defendant’s real property located in the City of Irwindale. The property taken is a part of a larger parcel being used by defendant for the mining and processing of rock, sand and gravel. The trial commenced on August ...
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—Defendant was charged in count I with a violation of section 664 of the Penal Code (attempted murder) and it was alleged that at the time of the offense, defendant was armed with a deadly weapon. Defendant was charged with two .prior.felony convictions, Penal .Code, section..459..in_ 1961, and a .Conviction of burglary in 1963: In .count; IT *109 defendant was charged with violating section 12...
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This appeal poses the following questions: (1) Does a payee of a cheek whose indorsement has been forged have a cause of action for conversion, as well as for money had and received, 1 under former section 3104 of the Civil Code 2 against a collecting bank which has collected the amount of the check from the drawee bank, credited the proceeds to the account of the forger, ...
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—The appeal is from an order in proceedings to determine heirship in the estate of the above-named decedent who died intestate. The order determined that *120 respondent Bernice Schwartz, stepdaughter of decedent, only-daughter and sole heir of his predeceased wife Mabel, was entitled to distribution of the entire estate of . said decedent under the provisions of Probate Code section 228. 1 T...
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264 Cal. App. 2d 126 (1968) ROBERT E. HUTCHERSON et al., Plaintiffs, Cross-defendants and Respondents, v. D. OWEN ALEXANDER, Defendant, Cross-complainant and Appellant. Civ. No. 779. California Court of Appeals. Fifth Dist. July 17, 1968. Neiman & Sieroty and Allen I. Neiman for Defendant, Cross-complainant and Appellant. Robert P. Stringham for Plaintiffs, Cross-defendants and Responden...
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Appellant Odette A. Pichignau brought this action against respondent City of Paris to recover damages for the alleged breach of an employment contract. Respondent’s answer alleged that appellant had been discharged for good cause; that its repudiation of the contract had been withdrawn by an offer to rehire appellant, and that after her discharge, appellant had breached the contract by failure ...
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Appellant A vina, although charged jointly with two other defendants on a number of counts, was separately tried and was convicted by jury of kidnaping for the purpose of robbery in violation of Penal Code, section 109 on one Louis Burrows, same offense in respect of one Harry Jameson, and armed robbery in respect of Harry Jameson. He was sentenced for the term prescribed by law on count II, ...
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Appellant was found guilty by a jury of first degree robbery and was found to be armed. Prior convictions charged were found to be true. Upon the court’s own motion the finding that appellant was personally armed was stricken. Probation was denied, the appellant was sentenced to state prison for the term prescribed by law. *151 This appeal is from the judgment of conviction. Mrs. Frances Te...
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264 Cal. App. 2d 153 (1968) CLARK C. AKIN, Plaintiff and Respondent, v. BUSINESS TITLE CORPORATION, Defendant and Appellant. Civ. No. 31768. California Court of Appeals. Second Dist., Div. Four. July 18, 1968. Mack, Nast & Boss and Leo Mack, Jr., for Defendant and Appellant. Christopher Hall for Plaintiff and Respondent. KINGSLEY, J. Plaintiff, Clark C. Akin, was the seller of a bar an...
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264 Cal. App. 2d 160 (1968) JAMES W. LEE et al., Plaintiffs and Appellants, v. TITLE INSURANCE AND TRUST CO. et al., Defendants and Respondents. Civ. No. 947. California Court of Appeals. Fifth Dist. July 18, 1968. Lee & Hertzer and Theodore B. Lee for Plaintiffs and Appellants. Greig A. Gowdy and Landels, Ripley, Gregory & Diamond for Defendants and Respondents. GARGANO, J. Appell...
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—This petition for a writ of prohibition and mandate, pursuant to the provisions of section 1538.5, subdivision (o), of the Penal Code, seeks to set aside an order of the Superior Court of Merced County suppressing evidence relative to counts I and II of an information charging breach of the law concerning the possession of marijuana and of marijuana plants. The trial court made such an order of ...
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264 Cal. App. 2d 173 (1968) JAMES O. REIMEL, as Director, etc., Plaintiff and Appellant, v. LEVERETTE D. HOUSE, as Chairman, etc., et al., Defendants and Respondents. Civ. No. 31775. California Court of Appeals. Second Dist., Div. Four. July 19, 1968. Thomas C. Lynch, Attorney General, and Stephen H. Silver, Deputy Attorney General, for Plaintiff and Appellant. Leo K. Gallant for Defendants ...
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264 Cal. App. 2d 176 (1968) THE PEOPLE, Plaintiff and Respondent, v. SHARI D. KORTOPATES et al., Defendants and Appellants. Crim. No. 13106. California Court of Appeals. Second Dist., Div. Five. July 19, 1968. Howard E. Beckler, Dahlstrum, Walton & Butts and Richard A. Walton for Defendants and Appellants. Thomas C. Lynch, Attorney General, Robert R. Granucci and John P. Oakes, Deputy At...
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Defendant, the insurer under a liability indemnity policy issued to plaintiff, a psychiatrist, appeals from a judgment declaring its obligation under that policy to defend an action for slander against plaintiff. The policy in question was denominated “Psychiatrist’s Professional Liability.” Defendant, by this policy, agreed to indemnify plaintiff on account of loss from “such damages as m...
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Appellant, Richard Barrick, appeals from an order declaring Sherry Aleen Barrick, his minor daughter, free from his custody. Respondent Alyce Larkins, mother of the minor by her previous marriage to appellant, was the petitioner, By stipulation of the parties the sole issue *187presented to the trial court was whether the minor was a person whose father was deprived of his civil rights due to the ...
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Lionel Arthur Slade and Vannoy Leo Black, convicted of possessing marijuana (Health & Saf. Code, § 11530), appeal from probation orders deemed final judgments (Pen. Code, § 1237). At 4:55a.m., April 15, 1967, San Diego Police Officer Jacobson very slowly drove his police vehicle on Main Street watching a slowly moving, erratically driven 1955 Chevrolet traveling behind him; slowed down; sa...
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Defendant Carol Anita Horton appeals from an order denying her motion made purportedly under Penal Code, section 1168, requesting that the court order that a diagnostic study be made pursuant to Penal Code, section 5079, to enable the court to consider recalling her sentence and ordering probation. Facts On April 21, 1967, defendant was sentenced to state prison after pleading guilty to a c...
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In this proceeding a purported appeal from an order of the superior court, in probate, denying a petition for instruction in certain trusts, solely upon the ground of lack of jurisdiction, and a petition for a writ of mandate are consolidated for hearing and disposition. It appears that the last will and testament of Margaret S. Bullock was admitted to probate in the Superior Court of the State of...
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A jury found defendant guilty of receiving stolen property (§496, Pen. Code), and two prior felony convictions, as alleged, to be true. He appeals from the judgment. Around 7 p.m. on March 3, 1967, Albert A. Acosta and Robert Longway, partners in a construction business, each drove his pickup truck to the Red Ox Bar; on the open bed of Longway’s truck was a generator worth approximately $400. In t...
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Defendant was charged by information with the offense of possession of marijuana in violation of Health and Safety Code section 11530. Defendant personally and his *214 attorney stipulated with the district attorney to submit the case to the trial court on the transcript of the preliminary examination. The court found defendant guilty as charged, and he is appealing from the judgment. The notic...
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By information, defendant Daniel Raymond Schroeder was charged with illegal possession of opium and morphine derivatives (counts I through IX) in violation of section 11500 of the Health and Safety Code, with receiving stolen property (count X) in violation of section 496 of the Penal Code, and burglary (count XI) in violation of section 459 of the Penal Code. A jury found him not guilty of bur...
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—Plaintiff appeals from a judgment in a declaratory relief action that stemmed from prior litigation in which plaintiff’s husband filed an action against Southern Pacific Company, defendant herein, for personal injuries. He lost the suit, and Southern Pacific was awarded' costs in the sum óf $1,671.06. Anderson appealed from the judgment and Southern Pacific caused an abstract of the judgment for...
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—This proceeding was instituted by Boyd L. Roberts in an attempt to secure a waiver of the necessity of filing an undertaking on appeal in his effort to perfect an appeal from the Turlock Justice Court to the Superior Court of Stanislaus County when proceeding in forma pauperis. The petition for a writ of mandate shows that on April 18, 1966, Credit Bureau Services secured a default ...
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264 Cal. App. 2d 242 (1968) THE PEOPLE, Plaintiff and Respondent, v. RONALD HOUSTON McBROOM, Defendant and Appellant. Crim. No. 451. California Court of Appeals. Fifth Dist. July 22, 1968. Peter G. Fetros, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, Raymond M. Momboisse and Frank O. Bell, Jr., Deputy Attorneys General, for Plainti...
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The will of Russell H. Varían, deceased, provides certain specific bequests and disposes of the residue, *250 in excess of six million dollars, by use of a trust. The trustees are directed to pay $100 a month to testator’s father-in-law, and should his wife survive the 'father-in-law, to her for ¡life; and $50 a month to testator’s aunt, for the rest of their lives. The rest of the trust income...
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This appeal is before us for the second time. "Contrary to our previous disposition, we reverse the judgment of defendant’s conviction upon the ground that the admission of evidence at his trial, involving his identification by an eyewitness in the courtroom and at a previous police lineup, denied.him due process of law. Defendant was charged by information with burglary (Pen. Code, • § 459)., ...
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Defendant was charged with possession of marijuana, in violation of section 11530 of the *264 Health and Safety Code. Under section 995 of the Penal Code, he moved to dismiss the information. The. People appealed from the order granting defendant ’s' motion and setting'aside the information. ; Los Angeles Police Officer Barton was on duty "on April 21, 1967, in a business area at about 10:30 ...
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264 Cal. App. 2d 268 (1968) HAROLD DOUGLAS GOSS, Plaintiff and Appellant, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Respondent. Civ. No. 8827. California Court of Appeals. Fourth Dist., Div. One. July 23, 1968. Benjamin Weissmann for Plaintiff and Appellant. Thomas C. Lynch, Attorney General, and Stephen H. Silver, Deputy Attorney General, for Defendant and Respondent. BROWN (Gerald), ...
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264 Cal. App. 2d 271 (1968) THE PEOPLE, Plaintiff and Respondent, v. ANDREW BENJAMIN ANDERSON, Defendant and Appellant. Crim. No. 477. California Court of Appeals. Fifth Dist. July 23, 1968. Halley, Head & LaForce and Ronald L. LaForce for Defendant and Appellant. Thomas C. Lynch, Attorney General, Daniel J. Kremer and David L. Wasserman, Deputy Attorneys General, for Plaintiff and Respo...
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This is an action wherein both plaintiff James F. Landini and defendant-cross-complainant C. M. Day seek to quiet title to a parcel of real property located in Sonoma County, California. The plaintiff is the successor in interest to Louis Párente, and the defendant is the successor in interest to Joseph Párente, the brother of Louis Párente. Louis for many years owned certain real pro...
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Plaintiff sought to enjoin alleged dredging and filling of tidelands. Defendants are the City of Alameda, the board of trustees of Bay Farm Island Reclamation District No. 2105, Shore Line Properties, Inc., and the State of California. Plaintiff alleged that the lands in issue were granted to defendant city by a 1913 act of the California Legislature (Stats. 1913, ch. 348, p. 707, as amended by...
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264 Cal. App. 2d 290 (1968) HENRY HOFACKER et al., Plaintiffs and Respondents, v. BOARD OF SUPERVISORS et al., Defendants and Appellants. Civ. No. 24890. California Court of Appeals. First Dist., Div. Three. July 24, 1968. David L. Luce, District Attorney, and Burt W. Busch, Deputy District Attorney, for Defendants and Appellants. W. J. Harpham for Plaintiffs and Respondents. SALSMAN, J. R...
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This is a petition for review and annulment of an award of the Workmen’s Compensation Appeals Board. Petitioner Robert D. Sweeney sustained an injury to his low back, arising out of and occurring in the course of his employment; and about a year later, by reason of his physical condition due to the back injury, his right knee buckled as he was attempting to walk and he fell and injured his...
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264 Cal.App.2d 306 (1968) REYNOLD LOFBERG, Plaintiff and Appellant, v. AETNA CASUALTY AND SURETY COMPANY, Defendant and Respondent. California Court of Appeals. July 25, 1968. Fred F. Cooper for Plaintiff and Appellant. Berry, Davis & McInerney and Phillip S. Berry for Defendant and Respondent. ELKINGTON, J. This appeal from a judgment in a declaratory relief action principally concerns Insu...
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—After a jury trial and verdict for plaintiff in his action for damages for personal injuries, the trial *312 court entered an order conditionally granting defendant’s motion for new trial. On plaintiff’s appeal from the order, the question is whether it complies with the requirement of Code of Civil Procedure section 657, 1 as amended in 1965, that the trial court speci...
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In a holographic will, Ronald Kennedy left half the residue of his estate to his widow, Alice; the other half was left in trust for his daughter, Kathleen, upon the following terms: 1. The corpus was not to be delivered to Kathleen until 10 years after testator’s death; 2. During the 10-year period the income of the trust was to be paid to Kathleen; 3. In the event of Kat...
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This is an appeal from a judgment of conviction of selling marijuana. In an information filed in Los Angeles on November 29, 1966, defendant was charged in count I with a violation of section 11531, Health and Safety Code, in that he did on *325 August 19, Í966, furnish marijuana; in count II he was charged with a similar violation on August 25, 1966. It was further alleged th...
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264 Cal. App. 2d 335 (1968) Estate of ELEANOR DONNELLEY ERDMAN, Deceased. HOUSTON I. FLOURNOY, as State Controller, Petitioner and Respondent, v. CALVIN PARDEE ERDMAN, Individually and as Co-executor, etc., et al., Objectors and Appellants. Civ. No. 31724. California Court of Appeals. Second Dist., Div. Three. July 25, 1968. Latham & Watkins, Goux & Romasanta, A. R. Kimbrough, J. F. G...
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This is a petition for a writ of habeas corpus. Petitioner contends that his confinement by the Sheriff of Los Angeles County is unlawful in that the two charges against him of which he was found guilty arose out of a course of conduct constituting a single criminal transaction, and that he can be punished for only one offense. We agree. The material facts are admitted. On December 4, 1967, pet...
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Shortly before midnight on September 20, 1966, defendant and Betty Jo Hales were in the living room of defendant’s apartment. Betty Jo was not wearing clothes. Defendant was holding a bolt action Enfield rifle, which discharged two bullets within a space of about three seconds. They entered Betty Jo’s body, one below her right breast and the other to the right of her navel. Both wounds were fatal...
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Plaintiff Christel LaBorde, a cocktail waitress employed by Zim’s Taraval, suffered a work-induced injury. The employer’s compensation carrier, Eldorado Insurance Exchange (intervener-carrier, hereinafter referred to as “carrier”) paid workmen’s compensation benefits. The injury occurred under circumstances involving alleged third party tortfeasors, McKesson & Bobbins, Inc., and Munson G. Shaw ...
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Appeal from a judgment ordering that a peremptory writ of mandate issue commanding the Department of Motor Vehicles (DMV) to set aside its order suspending a driver’s license under Vehicle Code, section 13353. There was filed with DMV a sworn statement under section *376 13353 setting forth that Willis Fallís (licensee) had refused to take any of the three types of test provided for and that ...
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George John Buss (Buss), a licensee of the California Beal Estate Commission, was named respondent in *387 a proceeding to revoke two broker’s licenses issued to him. One of the licenses was in the name of George John Buss doing business as Geo. J. Buss Bealty; the other in the name of George John Buss doing business as Green Valley Estates Bealty. On May 25, 1967, a hearing w...
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Defendant was convicted of violating Health and Safety Code, section 11530 (possession of marijuana) and appeals from a probation order deemed a final judgment (Pen. Code, §1237). By stipulation, joined in by the defendant, the cause was submitted to the trial court without a jury on the transcript of the testimony given at the preliminary hearing. Facts On September 24, 1966, in the City of ...
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The People appeal from an order granting defendant's motion to dismiss under Penal Code, section 995. Defendant had made also a motion to suppress evidence under section 1538.5, Penal Code in support of which his counsel stated he wished to have defendant testify. Without hearing defendant testify, the court heard and ruled on the motion under section 995, Penal Code; did not pass on the other ...
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264 Cal. App. 2d 404 (1968) SUNNY G. READ, Plaintiff and Appellant, v. SAFEWAY STORES, INC., Defendant and Respondent. Civ. No. 23781. California Court of Appeals. First Dist., Div. Three. July 26, 1968. John A. Bohn and John J. Carniato for Plaintiff and Appellant. Burnhill, Rode, Moffitt & Moore and Cyril Viadro for Defendant and Respondent. BROWN (H. C.), J. Plaintiff filed a compla...
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Defendant was charged with petty theft with a prior conviction of petty theft (§ 666, Pen. Code). The information alleged that on April 20, 1954, defendant was convicted of petty theft in the Municipal Court, Los Cerritos Judicial District, for which she served a term in the county jail. At the beginning of the trial, out of the presence of the jury, the allegation of the prior was amended simply...
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The trial court found Gant guilty of grand theft (§ 487, subd. 3, Pen. Code) and Gant and Reed guilty of second degree burglary (§459, Pen. Code) and carrying a concealed weapon (§12025, Pen. Code). Gant appeals from the judgment and order denying his motion for a new trial; Reed appeals from the judgment. Appeal from the order is dismissed. On April 19, 1967, a 1965 Chevrolet, license MJV 152,...
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This is an appeal from an order granting probation. *428 In an information filed in Los Angeles on August 25, 1966, numbered 327606, defendant was charged in count I with grand theft, in that he did on April 18, 1966, take an automobile, the property of Laney Jackson contrary to the provisions of section 487, subdivision 3, of the Penal Code; in count II he was charged with receiving stolen p...
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Helyn M. Treu and Charles O. Morris, individually and doing business as Williamsgrip Company, *433 a limited partnership, instituted the present action against The Garrett Corporation, Eli Barlow and Bruce L. Parish seeking to recover the amount of royalties claimed to be due from defendant Garrett under an agreement between certain members of the partnership and Garrett by which t...
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Statement of the Case Defendant was charged by information with violation of section 11911 of the Health and Safety Code in that he unlawfully possessed for sale a restricted dangerous drug, to wit, amphetamine sulphate, commonly known as benzedrine. Two prior felony convictions of violation of section 11500 of the Health and Safety Code were also charged. Defendant’s motion to set aside the ...
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A jury convicted defendant on three counts of kidnaping for the purpose of robbery. (Pen. Code, § 209.) The jury also found that each victim suffered bodily injury. On the penalty phase of the case the jury fixed the penalty at life imprisonment without possibility of parole. On motion for new trial the court struck the findings of bodily harm and sentenced defendant to three concurrent terms in ...
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Alice Azevedo, employee in a retail dress shop,'was injured when Abel, her angry employer, lmeed her in the sacrocoeeyx area. Occurrence of the injury in the course of her employment is undisputed. She first filed a claim for workmen’s compensation benefits, then commenced a lawsuit in the superior court seeking compensatory and punitive damages. Later the employer died. His compensation carrie...
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Plaintiff, the City of Berkeley, appeals from a judgment denying it a mandatory injunction sought *463 by it against defendants to compel removal, at defendants' expense, of a portion of a basement that extends under a public street and that interferes with a proposed reconstruction and beautification project under way in that street. The Record The facts are undisput...
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Steven Pfeiffer, a state prison inmate, has petitioned this court for a writ of habeas corpus. Pfeiffer reached his 17th birthday July 11, 1958. Three weeks later he, with Howard Reagan, also 17 years old, and Edward Murphy, 18 years of age, eommited an armed robbery of a motel in Merced County. They were thereafter arrested for that crime. At the time of the robbery and arrest Pfeiffer an...
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Plaintiff bank secured an order for defendant’s appearance for examination as a judgment debtor (Code Civ. Proc., §714); thereafter, upon defendant’s motion, the order was quashed upon the ground that she had not been personally served therewith and that her counsel, in urging such motion, was making a special, and not a general, appearance in her behalf. From the order granting the motion plai...
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This is an appeal from a judgment on the guarantee in the sum of $7,000 for plaintiff-respondent by appellant-defendant Cameron. *490 Plaintiff filed a complaint naming Jack C. Cameron, Pier-man Sneskin, Henry Davis and Jack C. Cameron, Inc., 1 as defendants. The complaint alleged that on November 1, 1963, defendant Sneskin, doing business as Lee Electric Company, was i...
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Appeal from a summary judgment for defendant. Plaintiff’s fourth amended complaint for breach of contract charges: *496 First Count: In 1962 plaintiff California American Insurance (California American) and defendant Midland National Life Insurance of South Dakota (Midland) entered a contract under which California American became Midland’s general agent in Los Angeles. California American, a...
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This is an action for personal injuries suffered by the 5-year-old plaintiff when she was struck by an automobile while crossing the street to make a purchase from defendant’s ice cream truck. 1 Upon the conclusion of plaintiff’s case, the trial court, sitting with a jury, granted a judgment of nonsuit in favor of defendant. Plaintiff appeals from this judgment. The facts of the...
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A complaint for separate maintenance was filed on July 28, 1966, by Marie Helen Meridith; it stated that the plaintiff and defendant had been married for over 23 years • that they had three children, two girls and a boy, born of their marriage; and that the parties owned community property as follows: two duplexes, membership in the Merced Golf and Country Club, a 1964 Dodge Four-Door Automobile, ...
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264 Cal. App. 2d 512 (1968) MILLBROOK FARM, Plaintiff and Appellant, v. PHILLIP E. WATSON, as County Assesor, etc., Defendant and Respondent. Civ. No. 32152. California Court of Appeals. Second Dist., Div. One. July 30, 1968. Neil Dillon McCarthy for Plaintiff and Appellant. John D. Maharg, County Counsel, and Alfred Charles DeFlon, Deputy County Counsel, for Defendant and Respondent. LILLI...
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On January 31, 1964, there was a collision between a truck owned by General Brewing Corporation (“General”) and an automobile occupied by Mr. and Mrs. Andrew G. Krumm. On January 5,1965, the Krumms filed an action for personal injuries and property damage against General. General answered on February 4,1965. In December 1965 General learned that Mrs. Krumm claimed that certain of her injur...
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Two consolidated cases are here on appeal by the defendants from final judgments of the Superior Court of Butte County. The judgments awarded compensation for property taben in eminent domain proceedings and decreed further that defendants were not the owners of additional property claimed by defendants and which also was devoted to public use by the plaintiff State of California. The defendant...
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Plaintiffs Dulien Steel Products, Inc., and Railwater Terminal Co. seek damages for breach of contract by defendant A. J. Industries, Inc. (referred to as A. J.) .wherein plaintiffs had agreed to pay $50,000 in order to acquire (for resale) certain machinery, structures, and supplies which A. J. had at its gold mine in Juneau, Alaska. In a nonjury trial, judgment was in favor of plai...
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In an information filed in Los Angeles on March 16, 1967, Hiruko was charged in count I thereof with burglarizing a George’s Music Supply store on December 29, 1966, in count II Hiruko and Sutton were charged with burglarizing Penny Owsley Music Company on January 19, 1967, in count III Sutton was charged with burglarizing the Herweg and Sutter Company establishment on January 30, *5551967, in cou...
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264 Cal. App. 2d 557 (1968) THE PEOPLE, Plaintiff and Respondent, v. ROY EDRIC MATTHEWS, Defendant and Appellant. Crim. No. 13010. California Court of Appeals. Second Dist., Div. Three. July 31, 1968. Frank G. King, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Edward M. Belasco, Dep...
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This is an appeal from a judgment following the granting of a motion for summary judgment to the United States as intervener in the San Francisco Superior Court action entitled “Calvin & Company, a California corporation, plaintiff v. Joseph Slavin, et al, defendant. ’ ’ The only question presented by this appeal is whether there was a triable issue of fact concerning Joseph Slavin’s ...
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Plaintiffs appeal from judgments on the pleadings rendered in favor of defendant and cross-complainant Budget Financial Corporation (“Budget”). In this opinion we consider whether a loan made by a personal property broker to a home builder is void as usurious because the security upon which the lender relied consists of notes secured by deeds of trust which represent a portion of the purchase p...
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Our first task will be to unscramble the proceedings brought before us by plaintiff’s notice that it appealed “from that certain judgment entered on or about October 13, 1966, . . . which judgment dismisses the plaintiff’s complaint for injunction, plaintiff’s complaint for declaratory relief and plaintiff’s petition for writ of mandate, and further, which judgment purports to enter a summary jud...
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264 Cal. App. 2d 597 (1968) MARY GRASSO, Plaintiff and Appellant, v. McDONOUGH POWER EQUIPMENT, INC., Defendant and Respondent. Civ. No. 24212. California Court of Appeals. First Dist., Div. Four. August 2, 1968. Magana, Olney, Levy, Cathcart & Gelfand, Ellis J. Horvitz and Jerry D. Whatley for Plaintiff and Appellant. Dryden, Harrington & Swartz and Vernon G. Foster for Defendant an...
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264 Cal. App. 2d 603 (1968) 70 Cal. Rptr. 640 BEVERLY HILLS OIL COMPANY, Plaintiff and Appellant, v. BEVERLY HILLS UNIFIED SCHOOL DISTRICT, Defendant and Respondent. Docket No. 24238. Court of Appeals of California, First District, Division Four. August 2, 1968. *604 Clifford E. Enger for Plaintiff and Appellant. John O. Maharg, County Counsel, and James W. Briggs, Deputy County Counsel, for Defe...
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Counts I and III of an information charged defendant with having committed two separate burg *616 laries (Pen. Code, §459), counts II and IV with having received (id., §496) property stolen in each of the respective burglaries. After a jury trial, defendant was acquitted of burglary but found guilty of receiving as charged in both counts II and IV. He appeals from the judgment of conviction, ...
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A jury found appellant guilty of the burglary (Pen. Code, § 459) of the Old Clock Restaurant in Monterey. He appeals from the judgment of conviction. The restaurant was burglarized during the night of January 1-2, 1967, between the hours of 11:30 p.m. and 3:30 a.m. Three days previously, at 3 :30 a.m. on December 29, Officer Gregg of the Salinas Police Department saw a 1957 Cadillac being drive...
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This is an appeal from an order of commitment as an alleged narcotics addict. Defendant came to the Los Angeles Police Department and said, “I want to commit myself to the narcotic hospital. Yesterday I called Deputy D. A. Thale and he suggested that I turn myself in to the LAPD. I’ve been using heroin since 1944. I had my last fix yesterday. I fixed about a % a cap. I have been fixing here in my ...
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This is an appeal from a judgment of conviction of possessing marijuana. In an information filed in Los Angeles on August 21, 1967, defendant was charged with having possessed marijuana on July 28, 1967, in violation of the provisions of section 11530 Health and Safety Code. Defendant pleaded not guilty. By stipulation the cause was submitted upon the testimony in the transcript of the proceedi...
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264 Cal.App.2d 642 (1968) THE PEOPLE, Plaintiff and Respondent, v. LOUIS ESPINOZA MENCHACA, Defendant and Appellant. Crim. No. 13766, California Court of Appeals. Aug. 2, 1968. Grayson, Green & Vodnoy for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Rose-Marie Gruenwald and Mark A. Ivener, Deputy Attorneys General, for Plaintiff ...
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On this appeal from a judgment of conviction for grand theft (Pen. Code, § 487) and forgery (Pen. Code, § 470), defendant makes six separate contentions which we shall discuss separately with the relevant details of the record after setting forth the facts surrounding the alleged criminal conduct. Facts In July 1965, defendant, accompanied by his attorney William Berger, approached Miss Cha...
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Plaintiffs sued defendants for fraud arising out of the purchase of an apartment house. The cause was heard by the court sitting without a jury. Judgment in the sum of $10,000 was entered for plaintiffs against defendants Charles Finkelstein, Swan Imojean Finkelstein, Dale L. Becker and Vivian M. Becker, and against plaintiffs in favor of defendant B & F Development, Inc. Defendants Finkelstein...
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Defendant was found guilty of possession of heroin (§11500, Health & Saf. Code) and sentenced to the state prison. He appeals from the judgment. *680 On August 12, 1965, Officer Barbarick received from the parole office, Department of Corrections, a teletype notice advising that defendant was wanted for a violation of parole (§ 3056, Pen. Code) and giving his description. Officer ...
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In November 1965 the City of Whittier filed a condemnation suit to acquire properties for use as public parking lots. When in July 1966 defendants filed a memorandum to set the cause for trial, Whittier requested the clerk to dismiss the suit. Defendants then moved for costs and attorneys’ fees, as in an abandoned condemnation proceeding. Ultimately, Whittier’s motion to dismiss the suit was gran...
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David V. Gale sued the State Board of Equalization for refund of motor vehicle transportation license taxes paid to defendant. After appearance by the defendant each party made a motion for summary judgment. The court granted plaintiff’s motion, reconsidered its ruling upon motion of defendant, again granted the motion of plaintiff and denied the motion of defendant. Defendant appealed. Plainti...
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264 Cal. App. 2d 694 (1968) THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SHASTA COUNTY, Respondent; FRANK. A. SIMMONS, Real Party in Interest. Civ. No. 11991. California Court of Appeals. Third Dist. August 5, 1968. Robert W. Baker, District Attorney, for Petitioner. No appearance for Respondent. Jere E. Hurley, Jr., for Real Party in Interest. BRAY, J. [fn. *] Petitioner, District A...
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Defendant Julia Macintosh and a non-appealing co-defendant, Joyce Mills, were convicted of viola *703 tion of Health and Safety Code section 11530 (possession of marijuana). Julia appeals from the order granting her probation. The two defendants were occupants of the same five-room apartment. The apartment was so arranged that entry into Joyce’s bedroom was through Julia’s bedroom. Julia has ...
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Defendant appeals from a conviction of possession of marijuana upon the sole ground the package of marijuana introduced in evidence over his objection was taken from his person by an illegal search and seizure. *712 At 2 a.m. on December 31, 1966, Deputy Sheriffs Mitchell and Koozin were patrolling in the area of -the Jumbo Mart, Florin Street and Power Inn Road, Sacramento County, paying par...
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264 Cal. App. 2d 718 (1968) THE PEOPLE, Plaintiff and Respondent, v. HENRY E. R. SMITH, Defendant and Appellant. Crim. No. 467. California Court of Appeals. Fifth Dist. Aug. 5, 1968. Robert T. Matsui, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, Daniel J. Kremer and James T. McNally, Deputy Attorneys General, for Plaintiff and Resp...
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Applicant seeks review and annulment of an order of the Workmen’s Compensation Appeals Board denying the assessment of a penalty pursuant to Labor Code, section 5814, for unreasonable delay in payment of compensation previously awarded. Applicant sustained an industrial injury on July 23, 1965. Defendants paid temporary disability compensation in the sum of $5,160 at the rate of $70 per week fr...
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This is an appeal from an interlocutory judgment in a partnership dissolution action. Prior to July 19, 1950, Valley Peed & Fuel Company did business as a corporation. It then changed to a partnership, former shareholders taking an interest in the ratio to their ownership of corporate shares. The partnership business that emerged was composed of three husbands and wives: plaintiff, Anna Busick,...
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—Plaintiff, through his present attorney, Ralph Robinson, brought this equity action in the Superior Court of Fresno County to set aside a prior final judgment of *744 that court dissolving a partnership and ordering an accounting. 1 He appeals from the judgment of dismissal which the court entered after sustaining defendant’s demurrer without leave to amend. Plaintiff’s complaint inter aUa ...
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Following a trial by jury, defendants Irvin and Portoian were each found guilty of burglary of the first degree in violation of section 459 of the Penal Code, and the latter was further found guilty of possession of marijuana in violation of section 11530 of the Health and Safety Code. Portoian, who had admitted prior convictions for burglary of the second degree and for possession of marijuana, w...
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This is a proceeding for a writ of mandate requiring the Superior Court for the County of Los Angeles to vacate and set aside its order of December 4, 1967, in the ease of Peters, a minor, et al. v. City of Los Angeles number 907287, granting plaintiffs’ motion for an order changing the date of filing of the complaint and overruling defendant’s demurrer, and to restrain the respondent court fro...
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Greene was charged in municipal court with the misdemeanor of failing to correct an existing excavation and fill on his property, in violation of Los Angeles Municipal Code, section 91.0103 (n). That ordinance reads: “Whenever the Department [of Building and Safety] determines by inspection that any land or any existing excavation or fill has, from any cause, become a menace to life or limb, or...
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This is an action commenced in 1962 by J. D. Phillis, a former fireman of the City of Santa Barbara, and Justin J. O ’Brien, a former policeman of that city, to recover retirement benefits. In a separate cause of action O’Brien seeks a return of the money deducted from his salary for the pension fund. The defendants will be referred to collectively as the city. After the trial court sustained a...
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264 Cal. App. 2d 788 (1968) 71 Cal. Rptr. 123 ARTHUR CURTIS ANTRIM BUSH, Plaintiff and Respondent, v. TOM BRIGHT, as Director of the Department of Motor Vehicles, etc., et al., Defendants and Appellants. Docket No. 24819. Court of Appeals of California, First District, Division One. August 8, 1968. *789 Thomas C. Lynch, Attorney General, and Victor D. Sonenberg, Deputy Attorney General, for Defen...
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The fruits of one burglary were discovered when police searched an automobile involved in another such crime. Defendant Hampton moved to suppress this evidence (Pen. Code, § 1538.5, subd. (a)(1)). His motion was granted, and the People sought mandate (Pen. Code, § 1538.5, subd. (o)). We issued alternative writ. Mrs. Jones was a baby-sitter at the Hill home in a residential area of Richmond. At ...
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—• Southern California Vending Corporation (hereinafter sometimes referred to as Southern California Vending) appeals from a judgment determining that the corporation is bound as lessee under a 10-year lease for building premises owned by Mrs. Marie Theresa Monteleone. Mrs. Monteleone as owner of property at 2201 North Figueroa Street in Los Angeles instituted the subject action for “Decla...
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Defendant with one Black was charged with burglary (§459, Pen. Code) and it was alleged that he suffered a prior felony conviction (entering without breaking) for which he served a term in the state prison. The cause was submitted to the trial court on the transcript of the testimony taken at the preliminary hearing and upon further testimony of three witnesses. Defendant was found guilty of seco...
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264 Cal. App. 2d 816 (1968) In re TOM LEE TETERS, a Person Coming Under the Juvenile Court Law. JAMES D. MERCER, as Chief Probation Officer, etc., Plaintiff and Respondent, v. TOM LEE TETERS, Defendant and Appellant. Civ. No. 11754. California Court of Appeals. Third Dist. Aug. 8, 1968. Richard M. Grossberg, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas C. Lyn...
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In a court trial defendant was convicted of forcible rape (§ 261, subd. 3, Pen. Code); probation having been denied, he was sentenced to the state prison. Appeal is from the judgment of conviction and order denying motion for new trial. The appeal from the order is dismissed. The contention is made that defendant was inadequately represented at the trial, more specifically, that his then counse...
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This is an appeal from a judgment of conviction of possessing marijuana for sale. Defendant Walters, and his codefendants Valdivia, Marquez, and Gonzales, were charged with possession of narcotics in two counts. Count I of the information filed in Los Angeles on January 4, 1966, and numbered 315940, charged them with the crime of possession of heroin for sale on December 15, 1965, and coun...
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Appellant was convicted, after jury trial, of grand theft in violation of section 476a of the Penal Code. Appellant’s application for probation was denied, and he was sentenced to state prison for the term prescribed by law. He appeals from the judgment of conviction. Appellant was employed by Colusa County as a collector to collect delinquent hospital accounts. These accounts were handled as f...
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—Cross-complainant Corina Jones (Gorina) sought in the court below to rescind and cancel a property settlement agreement entered into in 1961 with her then husband Samuel Kauffmann (Samuel) which had been merged in a Nevada divorce decree. From a judgment entered in favor of Samuel she appeals. Her sole claim of error is that in material respects the trial court’s findings are not in accordance wi...
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This appeal is from a judgment denying a writ of mandate to prevent the Director of Motor Vehicles from suspending appellant’s driver’s license for refusal to submit to a blood alcohol test as required by Vehicle Code, section 13353. On November 6, 1966 at approximately 2:30 a.m., Officer Ruddick of the Milpitas Police Department observed a car being driven erratically. He turned on his red lig...
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This appeal requires interpretation and application of laws, decisions and principles anent negotiable instruments 1 to a set of facts which are not compli *872 eated and respecting which the litigants are substantially in agreement. The pertinent facts are as follows: During the year 1960 Theodore Wm. and Juanita E. Doll had a joint checking account at the El Monte...
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Plaintiff alleging that he is a taxpayer and interested person within the meaning of section 21708 of the Education Code and section 863 of the Code of Civil Procedure brought this action in the superior court to test the validity of bonds issued pursuant to a school bond election. Defendant district filed a motion for summary judgment, filed affidavits in support thereof and plaintiff filed hi...
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Defendant was charged as follows: count I—grand theft auto; count II—violation of section 10851 of the Vehicle Code; count III—battery on Officer Alderson; count IV—-battery on Officer Pallas; count V—battery on Officer Sands; and count VI—battery on Officer Mize. 1 Defendant pleaded not guilty but admitted two prior convictions of automobile theft. A jury found defendant guilty on counts II,...
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Narrative of Events The two parties to this case were married in Virginia in October of 1933. Years later they entered into a separation agreement in Cincinnati, Ohio, bearing the date of June 29, 1961. From the recitals in this agreement we learn that: the parties were already living apart; the husband (as we shall refer to our defendant throughout this opinion) had filed an action for a div...
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264 Cal. App. 2d 896 (1968) CAROLINE Z. GREENBERG, Plaintiff and Appellant, v. CLARICE KAUFMAN GREENBERG et al., Defendants and Respondents. Civ. No. 31868. California Court of Appeals. Second Dist., Div. Five. Aug. 13, 1968. Hill, Farrer & Burrill, Kurilich, Slack & Ballard and Cecil E. Ricks, Jr., for Plaintiff and Appellant. Hillel Chodos for Defendants and Respondents. KAUS, P. ...
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264 Cal. App. 2d 901 (1968) 71 Cal. Rptr. 117 THE PEOPLE, Plaintiff and Respondent, v. CHARLES BERNARD BRYANT, Defendant and Appellant. Docket No. 11738. Court of Appeals of California, Second District, Division Five. August 13, 1968. *902 Velma E. Williams, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorn...
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Defendant was found guilty by a jury of two counts of robbery and one count of attempted murder. Imprisonment for the first robbery count and the attempted murder count were ordered to run consecutively. Imprisonment under the second robbery count was ordered to be concurrent with the terms under the other two. He appeals from the judgment of conviction. Count I After dark on September 1, 196...
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The appeal is from an order denying a motion of defendant Bookasta for discharge of an attachment. The ground of the motion was that the attachment had been irregularly and improperly issued. Appellant has advanced no sound reason for questioning the order denying his motion. We believe the court ruled correctly and that we must affirm the order. In the hearing on the motion appellant contended...
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By information defendant was charged with possessing marijuana in violation of Health and Safety Code, section 11530. His motion to set aside the information was granted on the ground that the marijuana was found on defendant’s person as the result of an illegal search and seizure. Where evidence before the committing magistrate on the issue of the legality of a search and seizure is susceptibl...
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Plaintiff, a minor, brought this action through his guardians ad litem, to recover damages for personal injuries sustained in an automobile collision. Prior to the trial defendant admitted responsibility for the collision, and the cause proceeded to trial on the issue of damages only. During the trial after both sides rested, the court accurately and completely instructed the jury on each element...
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A jury found defendant guilty of robbing Esther Harris, a cashier at the Giant Food Market in Fresno, at gunpoint, on October 14, 1964, approximately 9 a.m. He and his accomplice, Vincent Lowrie, obtained about $2,000. They arrived at the scene of the robbery in a 1955 Mercury automobile which they parked at the curb. After the robbery they ran to their car; it would not start; they ran to the pa...
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Petitioner, an applicant for workmen’s compensation insurance benefits, seeks review and annulment of the order of the Workmen’s Compensation Appeals Board dated January 2, 1968, denying reconsideration and affirming an order of a referee that applicant take *949nothing on her claim against “Douglas S. Mater, doing business as Domestic Sanitation Attendant Council. ’ ’ The applicant, born 1921, wa...
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This is a proceeding for a writ of mandate to require the Superior Court for Los Angeles County to hear and determine on the merits petitioners’ motions under section 834 of the Corporations Code in action number 839957 now pending in that court. In June 1964 a complaint was filed in the respondent court entitled “Constance A. Gamier, Trustee, and Gamier Enterprises, Inc., a corporation, co-par...
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Defendant was convicted of the unlawful sale of Lysergic Acid (LSD); was granted probation; and appeals, contending (1) the evidence establishes entrapment as a matter of law; and (2) a condition of probation that he submit to search and seizure at any time by any law enforcement officer is unreasonable. The sale occurred on July 19, 1967; was arranged by a “confidential informant” named McNern...
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This case comes to us after a retrial that followed a reversal by the Supreme Court (Muktarian v. Barmby, 63 Cal.2d 558 [47 Cal.Rptr. 483, 407 P.2d 659]). In the first trial judgment was entered pursuant to a motion under Code of Civil Procedure section 631.8, at the conclusion of plaintiff’s case, 1 upon the ground the action was barred by the statute of limita...
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The People of the-State-of California appeal from a judgment of the" Municipal Court for the Central Judicial District, County of Sonoma, State of California, dismissing a complaint issued on a traffic citation for violation of section 22350 of the California- Vehicle Code. This judgment was reversed by the Appellate Department of the Superior Court for Sonoma County. We accepted certification ...
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The will of Fred M. Niquette named his brother George (respondent herein) executor and bequeathed him all of his estate except $500 to the Shriners’ Hospital for Crippled Children. Contest was filed by a sister Prances Grin-nan (appellant herein) and two nieces. The main ground of contest set up by Prances, on information and belief, is that the will was executed as a “direct result of the undue i...
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The People have appealed from an order reinstating bail after forfeiture. The real party in interest here is respondent United Bonding Insurance Company. The issue presented concerns the trial court’s authority to forfeit an alleged misdemeanant’s bail where, without explanation, the defendant failed to appear for trial, either personally or by counsel. The resolution of that question raises a sub...
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This appeal is from a conviction of murder, second degree, upon a retrial after defendant’s successful appeal to this court (People v. Salcido, 246 Cal.App.2d 450 [54 Cal.Rptr. 820]) from a judgment of conviction of murder, first degree. The thrust of the appeal is that defendant was not retried within 60 days after the filing of the remittitur in *3 the trial court, as required by Penal Co...
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Defendant was charged with burglary (§ 459, Pen. Code) and two prior felony convictions (sale of heroin and robbery) for which he served terms of imprisonment. A jury returned a verdict of guilty of second degree burglary and found the alleged priors to be true. Defendant appeals from the judgment. Around midnight on March 9, 1967, a clerk locked the premises of a liquor store and set a silent bur...
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This is a proceeding for a writ of prohibition restraining the Superior Court for Los Angeles County from enforcing an order requiring petitioners to answer four interrogatories. We have concluded that the writ should issue with respect to three of the interrogatories and should be denied as to the fourth. There is pending in the respondent court an action brought by Hilda Rolfe against petitio...
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The action is by Harry Larkin and Grace Larkin against C. E. Cowert and June Cowert. The complaint alleges that the defendants are indebted to the plaintiffs in the sum of $11,322.85 for carpets and drapes sold and delivered by plaintiffs to defendants. The answer is a denial. The court found that plaintiffs did not sell or deliver carpets and drapes to the defendants; there was no contract betwe...
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Appellant appeals from the judgment of the Superior Court of Sacramento County denying petition for a writ of mandate to compel the State Personnel Board to set aside its decision dismissing him from his position as a State Traffic Officer. Questions Presented 1. To sustain a cause for discipline under section 19572, subdivision (t), Government Code, must there be affirmative evidence that ap...
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At the behest of plaintiff Newspaper Guild the trial court issued a preliminary injunction restraining the Sacramento County board of supervisors and its committees from holding any closed meeting at which three or more members were present except under the statutory exceptions for personnel and national security matters. The lawsuit was premised upon asserted violations of California’s public ...
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Must a physician conducting an examination for the purpose of civil commitment inform the person examined of the privilege against incrimination? This is the principal question in the appeal of Ralph Theodore Lipscomb from his commitment to the Director of Corrections for narcotic treatment at the Rehabilitation Center in Corona. On 27 November 1966, Lipscomb, who appeared to be under the ...
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This is an appeal by plaintiff from the order dismissing its action, because of the lapse of five years without a trial. We are affirming the order. The action was commenced July 12, 1961. Defendants’ notice of motion to dismiss was filed just five years later, on July 12, 1966. A demurrer had been interposed by the defendants on September 5, 1961. It was sustained, with leave to amend, as to two ...
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Plaintiffs Carolyn Z. Coleman and Patricia L. Coleman, a minor, by her guardian ad litem, appeal from a judgment entered upon a nonsuit granted in favor of defendant Silverberg Plumbing Company, a corporation, upon plaintiffs ’ written opening statement. The Background Plaintiffs Carolyn Z. Coleman, the widow, and Patricia L. Coleman, the minor child of Lowell Duane Coleman, deceased,...
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Defendant was convicted of possession of marijuana. (Health & Saf. Code § 11530.) He appeals. In 1965 defendant had been convicted of possession of narcotics. Criminal proceedings in that ease were suspended and he was sent to the California Rehabilitation Center at Corona. Later he was placed in outpatient status subject to the supervision of a parole agent. One of the conditions of defendant’...
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Defendant was charged with the murder of his baby stepson Ronald. He pleaded not guilty and not guilty by reason of insanity. After a court trial he was found guilty of murder in the second degree. The court found that he had been sane at the time of the murder. On appeal the sufficiency of the evidence to support the finding of guilt and the determination that defendant had been sane is conceded....
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All parties 1 appeal from a judgment in favor of plaintiffs Home Indemnity Company and Wilkins Draying Company against Transport Indemnity Company, Lathrop Construction Company and The Travelers Insurance Company in a declaratory relief action determining respective rights and liabilities under certain insurance policies. *102 Questions Presented: A. Tran...
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Plaintiff appeals from an order granting defendants’ motion under Penal Code section 995, to set *112 aside an information charging them with the offense of possession of marijuana. The motion was based on the ground the only evidence at the preliminary hearing supporting the charge was the product of an unlawful search and seizure. The search was made without a warrant. Defendants assume it wa...
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Plaintiff is a concrete supplier who furnished materials to 146 lots in two Riverside County tracts owned and developed by the defendant as a residential subdivision. Defendant’s general con/traetor retained Harvey Concrete, a corporation, for the purpose of installing rough concrete in the units. Between May 10 and July 17, 1964, plaintiff supplied Harvey with materials'for-the project. Harvey...
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This is a judgment roll appeal. Appellants are former creditors of Leland F. Dempsey who was adjudicated a bankrupt under the federal Bankruptcy Act. Respondent is Dempsey’s trustee in bankruptcy. The undisputed facts as stated in the respective briefs and as gathered from the court’s finding of fact are substantially as follows. 1 Leland F. Dempsey was an income beneficiary of a testamentary...
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This is an appeal from a judgment of conviction in which defendant, after court trial, was found guilty of three counts of purveying narcotics in violation of section 11501 of the Plealth and Safety Code. The only question presented is whether he was deprived of his Sixth and Fourteenth Amendment right to be confronted with the witnesses against him at his trial. Appellant was charged with the ...
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The crucial question at the beginning of this ease was: Does the defendant have plaintiff’s consent for him to keep a dog on the leased premises ? By the time the judgment, from which defendant has appealed, was rendered, that question had lost all significance. Instead, the crucial question had become: Is defendant’s failure to pay rent from July 15, 1963, to February 1, 1964, excused by the fact...
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Plaintiff, a real estate and business opportunities broker, appeals from a judgment based on written findings of fact denying him recovery for commissions. Plaintiff designated as the record on appeal only the judgment roll, and in ordering the clerk’s transcript did not designate for inclusion any of the exhibits; however, plaintiff has had brought up the exhibits received in evidence, includi...
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Jose Valdez De Leon, convicted of possessing marijuana (Health & Saf. Code, § 11530), appeals from a probation order deemed a final judgment (Pen. Code, § 1237) imposing a $100 fine plus $10 penalty assessment and other conditions of probation. ■ About 4 a.m., December 25, 1966, in nearby Otay, Chula Vista Police Patrolman Haskins saw 19-year-old De Leon with three 16-year-olds in a parked...
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Plaintiffs Silas Rambo and Sylvia J. Rambo (husband and wife) brought this action in the Superior Court of Tulare County for rescission of an assignment of a deed of trust, for declaration of a constructive trust on real property and for damages for fraud and conspiracy. However, after discovery proceedings were completed all defendants moved for a summary judgment, and their motion was granted...
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This litigation tests the implementation and effect of section 580b of the Code of Civil Procedure relative to the protection from deficiency judgment of a *167 person who gives a deed of trust as security for a loan as part of the purchase price. On March 8, 1963, the Currans, husband and wife, executed to the Paramount Savings and Loan Association for a loan of $10,100, a promissory note an...
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This is an appeal from the judgment of the trial court denying a writ of mandate to compel the board of trustees of Hanford Elementary School District to restore in salary to each of two school teachers the sum of $200 per annum in addition to the pay already provided by contract for the school year 1964-65. These teachers are Billie Bartlow and Mary McNeel Brown (wife of Alex Edward Brown); whil...
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Defendant, personally, and his trial counsel, on his behalf, have each filed a notice of appeal from a judgment of conviction sentencing defendant to state prison following a jury verdict that found him guilty of a conspiracy (Pen. Code, § 182, subd. 1) to manufacture without a permit and possess amphetamine, a dangerous drug (Bus. & Prof. Code, § 4211, subd. (c)) in violation of sections 4084 ...
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Pursuant to subdivision (i) of Penal Code section 1538.5, petitioner seeks review of the validity of a seizure whereby a certain quantity of heroin was obtained by the police. The heroin, which was admitted-in evidence at petitioner’s preliminary examination upon a charge-of its possession (Health & Saf. Code, § 11500), was seized when a police officer forcibly entered petitioner’s hotel room, Pe...
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Defendant was charged with two counts of burglary (§ 459, Pen. Code), two counts of receiving stolen property (§ 496, Pen. Code) and one prior felony conviction (§ 666, subd. 3, Pen. Code). He and all counsel waived trial by jury of the cause and the prior; the judge found defendant guilty on. the two burglary counts and acquitted him of receiving stolen property. Defendant’s motion for new trial ...
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The question is whether the workmen’s compensation claimant effectively instituted supplementary proceedings for an increased disability award within the five-year period of limitations fixed by the Labor Code. He suffered a compensable back injury on December 14, 1961. On September 11, 1964, he was awarded 25% percent permanent disability with further medical care. He had an attorney of record i...
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Convicted by jury of receiving stolen goods (Pen. Code, § 496), grand theft (Pen. Code, § § 484-487), and second degree burglary (Pen. Code, § 459), and sentenced to state prison on each count, with the sentences ordered to run concurrently, defendant appeals. *213 Boys’ clothing, having a retail value of $250, was stolen from a children’s store in Buena Park on February 22, 1967. Shortly the...
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After a preliminary hearing, defendant was charged by information with violating section 12021 of the Penal Code (a convicted felon possessing a revolver). At the preliminary hearing defendant was represented by a deputy public defender. The preliminary hearing took place January 27, 1967. On February 10, 1967, defendant appeared in Department 100 of the Superior Court of Los Angeles County. He w...
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The appellant, Salvador Phillip Hernandez, was jointly tried with one Felix Ochoa Lerma, Jr.; the charges were all related to the sale or possession of marijuana. After a lengthy trial, the appellant was convicted on count I of a violation of the Health and Safety Code section 11532, to "wit, sale of marijuana to a minor, alleged to have occurred on or about September 5, 1966; on count II of th...
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Plaintiff, a minor who seeks to recover damages for personal injuries allegedly suffered in 1950, has appealed from a judgment of dismissal entered upon an order sustaining without leave to amend the demurrer of defendant, County of Santa Clara, upon the ground that plaintiff failed to file her claim within the time provided by statutes in effect at and after her alleged injury. Submission of t...
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This is an appeal from the judgment of the superior court denying a petition for a writ of mandate seeking to compel the municipal court to quash service of summons on petitioner. The real party in interest, Robert Ward, brought the original action in the municipal court against Rod Carbeth Enterprises, Inc. and petitioner, Lotus Car Ltd. (hereafter referred to as “Lotus”), alleging negligent manu...
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Defendant City of Fremont appeals from a judgment holding it liable for the cost of certain medical services furnished to an individual who had been arrested by a Fremont police officer on a homicide charge but who had not yet been arraigned on said charge. The facts are without conflict: on July 24, 1962, Macario Cero was arrested by a Fremont police officer at the scene of an apparent crimina...
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The People have appealed from the order of the trial court setting aside an information charging defendant and respondent with possession of marijuana. The order presented for review was entered upon the granting of defendant’s motion made under Penal Code section 995 which authorizes such order upon a showing (1) that “the defendant had not been legally committed by a magistrate;” or (2) that “t...
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A jury found defendant Walberg guilty of 10 counts of selling securities without a permit of the Commissioner of Corporations, in violation of Corporations Code section 26104, subdivision (a). 1 Defendant Davidson was found guilty of nine of these offenses. Proceedings were suspended and each defendant was placed on probation. Each appeals from the order granting probation, which is ...
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Certain electors (constituting, we will hold, a majority) of Rio Vista Joint Union High School District (High School District) petitioned to annex the district to petitioner-appellant San Joaquin Delta Junior College District (Delta District). The statutory method selected was that set forth in division 18.5, chapter 2, article 8 of the Education Code as then in effect. (Stats. 1963, ch. 100.) Art...
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The defendant, LaMont Walther, was convicted by a jury of grand theft in that he stole personal property of a value in excess of $200 from John Andrew Erickson; the record indicates that, through elaborate trickery, the defendant gained $180,000 by his crime. The evidence, incidentally, also shows that three legitimate businessmen of southern California, who were accustomed to handling large su...
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Plaintiff, an insurance agent, entered into a “Contingent Commission Agency Agreement” with defendant insurance company in June of 1961 whereby plaintiff was authorized to accept applications for a type of insurance to be issued by defendant known as “Special 1000 Automobile Accident Policy.” 1 Attached to the complaint, as amended, is a copy of the agreement and an “Addendum” thereto where-und...
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Defendant appeals from the judgment entered against him following a nonjury trial that resulted in his conviction for the crime of possessing heroin in *332violation of section 11500 of the Health and Safety Code. Appellant contends that the contraband found in his possession should not have been received in evidence against him since it was the result of an illegal search and seizure. We find thi...
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Plaintiff J. Wayne Higson appeals from an order granting defendant Montgomery Ward & Co., Inc. (herein called "Ward”) a new trial. Ward cross-appeals from a judgment for $10,000 which was entered in favor of plaintiff after a court trial. We shall first consider plaintiff’s appeal. The trial court specified that the new trial was *337 granted on the ground of insufficienc...
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This is a proceeding involving the voluntary dissolution of Mercantile Guaranty Company (hereinafter referred to as “Mercantile”), a Delaware corporation doing business in California. This court in a former opinion in this case held that the State of California (hereinafter referred to as “State”) could intervene in the case and that the superior court had jurisdiction over the dissolution proc...
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Plaintiff Pacific Ready-Mix, Inc. appeals from a judgment refusing to enjoin defendants City of Palo Alto, its city manager, mayor, chief of police and city council, from enforcing against plaintiff an amended truck ordinance barring the use of the Oregon Avenue Expressway to vehicles exceeding a maximum gross weight of 7 tons. Plaintiff asserts that a municipal ordinance which closes certain stre...
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This action arises out of a dispute between owners of property abutting an abandoned county road respecting their rights in and to the strip of land formerly constituting the road. Plaintiffs (husband and wife) brought this action to enjoin defendants (the Adams, Degenharts and Jacquarts) from building upon and fencing off portions of the road, for a decree adjudging plaintiffs to be the owners...
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Morales and Velasquez were indicted for the sale of marijuana (Health & Saf. Code, § 11531). Count I charged both Morales and Velasquez with a sale on April 8, 1966, and count II charged Velasquez only with a sale on April 7, 1966. Each defendant was charged with and admitted priors involving narcotics—Morales had three priors and Velasquez two. Defendants moved for separate trials on Ara...
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These cross-appeals follow the second full trial of the matter after the opinion of this court (Division One) in Distefano v. Hall, 218 Cal.App.2d 657 [32 Cal.Rptr. 770]. Defendants, 1 Charles W. Hall and Dorothea Fabian, appeal 2 from that portion of a judgment entered on a jury *382 verdict in favor of plaintiff, P. Distefano, awarding him $5,000 attorneys’ fees and from two subsequen...
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This is an appeal by plaintiffs in a shareholders’ derivative action from judgments of dismissal entered in favor of defendants Eugene Selvage and General Brewing Corporation upon plaintiffs’ failure to comply with orders requiring them to post security, under section 834 of the Corporations Code, in the total amount of $160,000. 1 Although plaintiffs’ primary contention on appeal ...
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This petition seeks a writ of prohibition restraining the trial court from proceeding to trial in a personal injury action after the court’s denial of petitioner’s motion for summary judgment. The depositions in support of the motion for summary judgment disclosed the following uncontradicted facts: plaintiff, a two and one-half-year-old minor, had accompanied his mother and others to San ...
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This case involves a judgment in a nonjury trial, for respondent, an abrasive wheel manufacturer, in appellant’s action for negligence and breach of implied warranty for personal injuries sustained when a grinding wheel used by appellant in the course of his employment shattered, striking him and causing the loss of an eye and other injuries. Appellant secured the wheel from a tool crib located...
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Defendant was charged with a violation of Vehicle Code, section 23105 1 in that he had driven a vehicle upon a highway while under the influence of narcotic drugs. The case was tried upon the transcript of the preliminary hearing. Defendant offered no evidence. He appeals from the judgment on the grounds that the evidence was insufficient to support the conviction and that certain admissions wh...
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On this appeal from the trial court’s order denying his petition for a writ of error coram nobis defendant contends that the trial court erred in summarily denying his petition since his allegations as to an induced plea of guilty and as to insanity at the time of trial were sufficient to merit relief. *425 On'November 30/1966, defendant withdrew his plea of not guilty to violating section ...
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This litigation arose out of an alleged breach of an oral agreement between Bowman and Kozak to form a corporation for the operation of a used car business by Bowman and Kozak at three used ear lots in the Crenshaw-Jefferson area of Los Angeles. Kozak was a used auto sales manager who had options but not the money to purchase leaseholds on property involving three used ear lots and the ears whi...
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In a trifurcated trial a jury found defendant guilty of murder in the first degree (Pen. Code, §§ 187, 189) and sane, and fixed the penalty as life imprisonment. This is defendant’s appeal from the judgment. It is necessary to reverse the judgment because defendant’s extrajudicial statements were obtained in violation of the rules announced in People v. Dorado (1965) 62 Cal.2d 338 [42 Cal.Rptr. 16...
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Defendant was convicted of second degree burglary. Two prior felonies charged against him in the information were found to be true. He appeals. The premises burglarized were the second floor apartment of Mr. Calloway at 2500 South Hobart Boulevard. Calloway had left the apartment at about 7:45 in the morning. He returned at 4:30 the same day and noticed that the place had been ransacked. Two bottl...
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Defendant Booker, convicted in a jury trial of burglary and grand theft based upon a single incident, appeals from a judgment imposing sentence. Alvin Hardy was tried jointly with defendant and convicted of grand theft and burglary. The Evidence The direct testimony, physical evidence, and inferences reasonably to be drawn therefrom, stated most favorably in support of the judgment, are as follows...
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Defendant appeals from a judgment sentencing him to prison for the term prescribed by law following his conviction of murder in the first degree of Jean Marie Moungey in a nonjury trial in which the trial court found defendant to have been sane at the time of the offense. The trial was upon the issues raised by pleas of not guilty and not guilty by reason of insanity. By stipulation, the e...
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The appellant, Gary Raymond Parks, was convicted by a jury of the crime of murder in the second degree. The evidence, if properly admitted, was amply sufficient to justify the verdict. The appellant objects to the admission of a number of items of evidence and contends that the record indicates that there was no showing of malice on *493 the part of the defendant and that, therefore, his convic...
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After closing hours, in their Mariposa bar called the Capitol Club, Juanita Joy Stansbury killed her husband, Phillip Stansbury; she shot him twice with a .22 caliber pistol and when he was stretched out on the floor, incapacitated and quite possibly already dead, she shot him seven times more. When the deputy sheriff came to arrest her, she said, “Scotty, I have done something bad. ... I shot hi...
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Plaintiff minor, by her guardian ad litem, appeals from an order modifying child support payments. In 1964, the superior court entered a judgment establishing that plaintiff is the illegitimate daughter of Brenda Joyce Hyde and defendant, Wilver Stargell, and ordered him to pay $75 a month for child support plus certain medical expenses. In December 1966 plaintiff sought to modify the judgment ...
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This is an appeal by plaintiff, Walnut Creek Electric, from that portion of a judgment denying recovery of $4,528.18 for the “extra” work of “wrapping” certain electrical conduits. Plaintiff was the electrical subcontractor for the additions to the Del Valle High School in Contra Costa County built by the general contractor, respondent, Reynolds Construction Co., for the owner, Acalanes Union H...
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These consolidated appeals involve the actions of two licensed real estate brokers, plaintiff, Theodore M. Barcelon, and E. S. Merriman & Sons, a corporation, to recover commissions on alleged agreements for their respective services to the buyer, defendant, Boss W. Córtese, president and agent of defendant, Bossmoor Corporation. Barcelon and Merriman stipulated that each would be entitled...
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Effective April 1, 1959, plaintiff insurance company and defendant corporation, an insurance general agent and surplus line broker, entered into a written agency contract which, in paragraph (8) thereof, provided for a profit-and-loss sharing formula. Five years later, in March of 1964, plaintiff instituted the present action, asserting that there was a loss on the business written for it by defen...
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Defendant was accused of murder. He admitted allegations of the information that he had been convicted previously of two felonies (assault with deadly weapon and robbery). In a jury trial he was found guilty as charged. He was sentenced to imprisonment for life. His notice of appeal will be regarded as an appeal from the judgment. Appellant contends that the court erred in receiving evidence of hi...
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In this personal injury action, defendant Calabrese Supply Company appeals from an order granting plaintiff’s motion for a new trial, which order specifies that it is made solely upon the ground of the “insufficiency of the evidence to justify the verdict” against plaintiff. (Code Civ. Proc. § 657, subd. 6.) Plaintiff was struck on the back of his head by a steel chute extending from the r...
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Defendant was charged with the unlawful use of force and violence on a peace officer (§ 242, Pen. Code) and *556attempting by means of threats and violence to prevent R. H. Studdard, who was an executive officer, from performing duties imposed upon him by law and, by the use of force and violence, resisting him in the performance of his duties (§ 69, Pen. Code). The cause was submitted to the tria...
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Statement of the Case The defendant was charged by information number 329831 with the crime of attempted murder in violation of sections 187 and 664 of the Penal Code in count I, and with the crime of assault with intent to commit murder in violation of section 217 of the Penal Code in count II. By information number 317915 the defendant was charged with violation of section 10851 of the Vehi...
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In a personal injury action, Western Greyhound Lines, corporation, appeals from an order granting a new trial against Greyhound alone, after a jury had found in favor of all the defendants. Question Presented Should plaintiff’s prof erred instruction on last clear chance have been given t Record On a dark October night, a vehicle driven by Joseph Aiello struck plaintiff who ...
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Defendant appeals from a judgment of imprisonment in the state prison entered upon a jury verdict finding him guilty of violating Penal Code section 12021. This section provides that one previously convicted of a felony who possesses a eoneealable firearm is guilty of a felony. We state the facts in the light most favorable to the People as we are required to do following a guilty verdict. (Pe...
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This is an appeal from a judgment of conviction of possessing marijuana. In an information filed in Los Angeles on June 24, 1965, defendant was charged with having possessed marijuana on May 13, 1965. It was further charged that defendant previously, in August 1957, had been convicted of a violation of *583section 11500 of the Health and Safety Code and that in July 1964 he again had been charged ...
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This is an appeal from a judgment of conviction of possessing marijuana. In an information filed in Los Angeles on February 6, 1967, defendant was charged with possessing marijuana on January 17, 1967. It was further charged that defendant previously had been convicted of a violation of section 11531 of the Health and Safety Code (selling marijuana) on or about January 1964. Defendant pleaded not ...
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This is an appeal from a judgment of comviction of burglary. In an information filed in Los Angeles on March 3, 1967, defendant was charged with codefendant George Figueroa with burglarizing the residence of George Gramata in the City of Bell on February 7, 1967. It was further charged that Figueroa previously had been convicted of two felonies and had served a term in prison on each of them an...
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Husband and wife, owners (herein sellers) of an unimproved parcel of hillside residential property (two lots) contracted by way of an executed realtor’s deposit receipt and executed escrow instructions to sell it to appellants husband and wife (herein buyers). Buyers refused to and did not purchase. Sellers assigned their claim for damages to respondent who sued thereon and recovered $20,000, the ...
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This is a timely proceeding to review a decision of the Alcoholic Beverage Control Appeals Board affirming a decision of the Department of Alcoholic Beverage Control suspending petitioners' on-sale beer and wine license. (Bus. & Prof. Code, § 23090 et seq.) On January 26, 1967, an accusation was filed with the department against petitioners, charging that on December 22, 1966, they, as lic...
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Plaintiff appeals from an order made November 2, 1966 vacating an order for issuance of a writ of execution dated July 29, 1966 quashing and recalling the writ, vacating levies of execution and staying sales under execution. Lillian E. Simonet and Edward C. Simonet were married in 1933 and separated in 1942. Lillian obtained an interlocutory decree of divorce on May 13, 1948 after Edward had at...
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Defendant was charged with selling heroin (§ 11501, Health & Saf. Code), and five prior felony convictions—grand larceny, selling and distributing opium, obtaining money by false pretenses, robbery and forgery. The case was heard by the court sitting without a jury; defendant was found guilty of possession of heroin, a lesser and necessarily included offense; no finding was made on the first, seco...
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This is a consolidated appeal from judgments of conviction of possessing marijuana. In an information filed in Santa Barbara County on February 24, 1966, defendants were jointly charged with the possession of marijuana on or about February 9, 1966, in violation of the provisions of section 11530 of the Health and Safety Code. Each of the defendants pleaded not guilty. Pursuant to proper motions se...
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John Alexander Smith appeals from the judgment by the court, sitting without a jury, finding him guilty of four counts of kidnaping and forcible rape. In an amended information filed by the District Attorney of Los Angeles County, appellant was charged in four counte with kidnaping and forcible rape. It was therein alleged as follows; count I, that on or about February 1, 1967, Smith did wilful...
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A jury found defendant guilty of attempted robbery, first degree (§ 664, Pen. Code); he appeals from the judgment. Around 8 p.m. on December 17, 1966, Gilbert Murray, manager, Ralph’s Grocery, saw Isaac Green enter the store. A few minutes later he was called from his office by Yoshia Sakamoto, a cashier, to the cheekstand booth for customer service; she told him that a man (Marshand) wanted to se...
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Two agreements, one referred to as “Basie Agreement” and the other as “Secrecy Agreement,” dated January 8, 1960, were executed by respondent and appellant (collectively referred to herein as Basic Agreement). Under the terms of the Basic Agreement, appellant issued a purchase order calling for the manufacture by respondent of 2,500 pneumatic nailers or guns in accordance with appellant’s prints a...
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In an action on a contingent fee contract for legal services in a divorce, attorney N. E. Youngblood’s assignee obtained judgment for $7,500 against Maria Anna Kary, the client for whom Youngblood secured the divorce. The background of the contract and its relationship to Mrs. Kary’s divorce are shown in the following chronology: November 1959—Mrs. Kary separated from her husband, and, advised ...
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This is an action for wrongful death against the City of Los Angeles, a municipal corporation, brought by the widow of Alejandro Dátil, on behalf of herself and as guardian ad litem for the six minor children of Alejandro and herself. The facts are these: On March 30, 1964, Alejandro Dátil, while celebrating his birthday consumed too much liquor, became intoxicated and unable to care ...
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Nancy Yost Cummings, widow of John Elwin Cummings, sometimes hereinafter referred to as the testator, appeals in her capacity as administratrix and individually from a judgment rendered pursuant to her petition for a decree determining interests in the Cummings estate. Ronald Lynn Cummings, adult son of the testator by a prior marriage and the other principal beneficiary of the estate, has also...
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This ease presents a novel question concerning the rights of a beneficiary under a subordinate deed of trust. Respondents purchased a parcel of real property from appellants by assuming a first deed of trust securing a note payable to Guarantee Savings & Loan Association in the sum of $15,900, and executing a second deed of trust to secure the balance of the purchase price, in the sum of $2,750. T...
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Plaintiff appeals from a judgment for the defendant in an action for personal injuries, brought under the provisions of the Federal Employers’ Liability Act (45 U.S.C.A., § 51 et seq.). Plaintiff sustained injury to his knee on two different occasions: December 13, 1962, and October 3, 1963, during his employment by defendant as a railroad yardman. On appeal plaintiff contends that the tri...
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Elizabeth Ann Serenko appeals from a judgment of the superior court denying her application for a writ of mandamus 1 and prohibition against the taking of her California driver’s license by respondent. Appellant, who disputes herein the effect and application of the “implied consent law” (Veh. Code, § 13353), was the holder of a California driver’s license in September 1966 when...
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This is an appeal from a judgment of conviction of murder in the second degree. In an information filed in Los Angeles on January 20, 1967, defendant with Edward Arnold Normant as a eodefendant was charged in count I with the attempted robbery of Joe Virgil Long and Nancy Long on December 21, 1966, and in count II with murdering Joe Virgil Long on December 21, 1966. Both defendants were represente...
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Information No. 329891 charged defendant with possession for sale of marijuana on September 20, 1966 (§ 11530.5, Health & Saf. Code) and a prior felony conviction (§ 11500, Health & Saf. Code); information No. 330167 charged him in count I with possession of marijuana (§ 11530, Health & Saf. Code) and in count II with possession of a restricted and dangerous drug in the nature of amphetamine (§...
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On November 8, 1965, Safeway Stores, Inc., filed with the Department of Alcoholic Beverage Control, hereinafter referred to as the “Department,” an application for the issuance of an off-sale general license. Four protestants filed a protest with the Department on December 6, 1965. On December 13, 1965, pursuant to section 24013 1 of the Business and Professions Code, the Department ...
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Appellant brought an action wherein he sought recovery of the sum of $8,025 claimed to be due and owing by respondents for legal services rendered to them by appellant’s assignor, Hy Schwartz, an attorney at law. The cause came on for trial on April 16, 1964, before Judge Ben Koenig. At this time counsel for respondents stated to the court that the action was upon an account that covered a...
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Defendant appeals from a judgment of conviction stemming from jury verdicts finding him guilty as charged of a violation of Health and Safety Code section 11530 (unlawful possession of marijuana) and five counts of first degree robbery. Defendant contends as follows: first, that the trial court committed reversible error in giving an instruction stating that drunkenness is not a defense per se ...
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Marion A. Nelson and her husband seek recovery from American Airlines for her injuries, and resulting loss of services, incurred when she was thrown about by a sudden and unexpected maneuver of an American Airlines airplane in which she was a passenger. According to the evidence received in a non jury trial, Mrs. Nelson’s flight proceeded normally on March 13, 1961, from Los Angeles, until just...
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This is an appeal from a judgment in favor of plaintiff in a personal injury action. A résumé of some of the facts supporting the judgment is as follows: In the early evening hours of December 1, 1961, on the eastbound Ventura Freeway there was a series of collisions of automobiles. Plaintiff was driving a 1961 Corvair Monza (Chevrolet) equipped with bucket seats, easterly on the freeway. As sh...
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After a jury trial appellant was convicted of three counts of armed robbery and one count of attempted robbery. Three of these crimes were committed on *757the night of July 31, 1966, and the fourth on the night of August 4, 1966, and all occurred in the same vicinity in the City of Los Angeles. All four victims of this predatory criminal identified him. His guilt was established beyond the fainte...
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The action is for libel and slander, invasion of the right of privacy, interference with the right of contract and unfair competition conspiracy. Defendants were Royal Industries, Inc., and Edward C. Reed. In a jury trial the court granted a motion of defendants for a nonsuit upon the cause of action for invasion of privacy and denied motions of both parties for directed verdicts as to the othe...
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A summary judgment, entered upon defendant’s motion, was brought to us by plaintiff’s appeal. We find the support required for this “drastic” method of obtaining a judgment quite lacking, and we are reversing the judgment. It appears that plaintiff and some companions were visiting Griffith Observatory in Los Angeles, on the evening of June 24, 1965, when, about 10 o’clock, they were advised that...
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Plaintiff City of Downey, a municipal corporation, brought this eminent domain proceeding to condemn certain parcels of land located within said city to acquire a municipal hospital building site. Plaintiff obtained an interlocutory judgment in condemnation covering parcels 39, 40, 41 and 42 described in its second amended complaint. Payments were ordered to be allocated: “to defendants Antonio...
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On August 31, 1965, plaintiff-respondent Board of Trustees of the Plaeerville Union School District (School District Board) suspended defendant-appellant Lillian Porini on charges that she was incompetent due to a mental disability. Mrs. Porini was then a teacher with many years’ tenure. The suspension was preceded (in sequence) by charges (under § 13408 1 ), by a notice (under § 13410), by psy...
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Houston I. Flournoy, Controller of the State of California, appeals from an order fixing inheritance tax adverse to the determination of tax set by the state inheritance tax appraiser. It is the controller’s contention that Revenue and Taxation Code section 13441 applies to the estate in question to “pickup ’ ’ for the benefit of the state the difference between the tax actually paid by th...
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This is an appeal from judgments of conviction of selling narcotics. In an indictment filed in Santa Barbara County on February 21, 1967, defendants were jointly charged in counts I, II and III with having sold marijuana in violation of section 11531 of the Health and Safety Code on December 30, 1966, January 7, 1967, and January 13, 1967, respectively. Wolfe was individually charged in count IV w...
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Defendant and one Brand were charged with two counts of burglary (§ 459, Pen. Code) and grand theft (§ 487, subd. 3, Pen. Code); defendant was charged with unlawful use of force and violence on a peace officer (§ 242, Pen. Code); and Brand was charged with receiving stolen property (§ 496, Pen. Code). Brand pleaded guilty to the last count and the disposition of the others against him was conti...
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This is an appeal from a judgment of conviction of burglary. In an amended information filed in Los Angeles on March 29, 1967, defendant with Alvin Nairn, Ezel Wilson, Jr., and George Wilson were charged in count I with burglarizing the building occupied by National Outfitting Company and Leo Birnstein on April 13, 1966; in count II George Wilson was charged with receiving stolen property. It was ...
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Appellant, Frederick Richard Jones, appeals from orders revoking probation entered in two separate criminal proceedings (Marin County Superior Court Nos. 2297 and 2428) in which state prison sentences had been imposed, execution thereof suspended, and probation granted. In case No. 2297, Jones was convicted of automobile theft (Veh. Code, § 10851). In case No. 2428 he was convicted of assault (Pe...
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The holographic will1 of Alta C. Gundelach was admitted to probate and R. R. Moreland appointed administrator with the will annexed. Sale of the real property, the main asset of the estate, was approved. Filed against the estate by the Department of Charities, County of Los Angeles, was its claim in the amount of $1,259.37 “For [medical] care and aid advanced [to decedent and her husband] under He...
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In a jury trial, defendant was found guilty on two counts of violating section 288 of the Penal Code (lewd acts). Criminal proceedings were adjourned, proceedings were instituted pursuant to section 5501 of the Welfare and Institutions Code (mentally disordered sex offender), defendant’s motion for a new trial was denied, and on January 25, 1966, he was committed to a state hospital for observa...
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This case involves consolidated appeals from certain orders involving a conservatorship and a receivership and a judgment holding that extensive ranch holdings, real and personal property of respondent Hillman in San Luis Obispo County were held in trust for him by his sister, Genie Hillman Stults. The dispute resulted from an effort by Hillman who had been convicted of murdering his wife ...
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This is an appeal from a judgment granting a peremptory writ of mandamus to compel the Board of Zoning Adjustment of the City of Los Angeles (hereafter sometimes referred to as “Board”) and the City of Los Angeles (hereafter referred to as “City”) to execute, file and distribute the findings prepared by a secretary for the Board, in an appeal from a determination made by a zoning administrator....
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In this case there exists a question of jurisdiction which, although not raised or decided in the court below, demands our attention at the threshold of appellate review. 1 The facts bearing on this jurisdiction are these: On December 29, 1964, plaintiff commenced an action in the Municipal *13 Court of Moorp'ark-Camárílló'. Judicial District, Ventura County, California, 2 to recover a ba...
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This is an appeal from an order of dismissal under Code of Civil Procedure section 581, subdivision 3 as to defendants City of Whittier and Whittier Uptown Parking District No. 2. The order of dismissal was based upon sustaining of demurrers to each of plaintiff’s six causes of action as set forth in its first amended complaint upon representation of counsel for plaintiff that no facts could be...
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Plaintiffs appeal from the judgment entered upon unanimous jury verdict in favor of defendant in this personal injury action. The sole error asserted is *24the trial court’s refusal to give an instruction (former BAJI 135-B) on the presumption of due care. This case was tried in December 1965. Hence it was governed by the rules in effect before the operating date of the Evidence Code (Evid. Code, ...
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Appellant brought this action against respondent to recover damages for personal injuries suffered by him when he slipped and fell on grease which was covered with sawdust while he was working as a longshoreman on the deck of respondent’s ship, the S. S. Hawaiian Packer. At trial he dismissed his claim based on negligence, and the action then proceeded on the theory that, at the time of injury, th...
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Appellant Evelyn Haug is a surviving daughter of testators Fred G. Robinson and May N. Robinson. Appellants Lola M. Robinson Padgett and Dor ene Robinson Hoyt are the children of testators’ deceased son, Fred G. Robinson, Jr., and the grandchildren of the testators. Appellants all appeal from a judgment of the Superior Court of Merced County determining interests in the testators’ estates. However...
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Defendant has appealed from an order denying his application for a writ of coram nobis. 1 On December 15, *46 1964, the defendant, with counsel, entered his plea of guilty to two counts of a seven-count amended complaint which had charged him with violations of the provisions of subdivision 1 of section 261 and of sections 285, 288 and 288a of the Penal Code...
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Defendant was tried by a jury and found guilty of two counts of receiving stolen property (Pen. Code, §496). 1 The subject of count I is a Packard Bell television receiver which was stolen on August 1, 1963. Count II involves a stereo set and an R.C.A. color television receiver which were stolen February 24,1965. It is necessary to reverse the judgment because of the absence of substantial ev...
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Defendant, convicted of forgery, was granted probation. He appeals from the order granting probation. The order is appealable. (Pen. Code, § 1237.) The only contention possessing merit is that the trial court of its own motion gave the following unexplained and undefined instruction: ‘1 Evidence of an oral admission or statement by the defendant ought to be viewed by [sic] caution. ’11 In the...
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Petition for writ of habeas corpus challenging judgment adjudging petitioner to he an habitual criminal. Questions Presented 1. May petitioner challenge a judgment obtained approximately 30 years before on ground of alleged coercion by district attorney ? 2. Did petitioner by admitting in 1965 his prior conviction waive his right to challenge the prior judgment because of alleged lack of counsel? ...
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This appeal is from an order which restrained a garnishment of funds in the possession of a receiver where the levy was attempted without the permission *81of the trial court, and which enjoined appellant from selling, or causing ■ to he sold, homestead property awarded to respondent by a decree of divorce. On September 25, 1961, respondent recorded a declaration of homestead under Civil Code sect...
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Appellant, the beneficiary of a policy issued by respondent company (herein severally referred to as respondent) insuring the life of her husband, seeks declaratory relief against respondent and one Gormley to establish her right to the proceeds of the policy. Respondent asserted the policy had lapsed prior to the date of death due to nonpayment of premium. Appellant appeals from a judgment in fav...
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Petitioner is defendant in a criminal action, number A229289, now pending in the Superior Court for Los Angeles County, in which he is charged with posses *101 sion of marijuana in violation of section 11530 of the Health and Safety Code. The information was filed February 15, 1968. On March 4, according to the minutes for that day, “Defendant’s motion for dismissal under Section 995 Penal Code...
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Defendant, plaintiff’s former husband, appeals from a judgment in a declaratory relief action which determined that under a property settlement agreement and a supplement thereto, executed by the parties in connection with their divorce proceedings, he was obligated to continue support payments to plaintiff for a period of ten years and thirty days ending on January 21, 1972, notwithstanding her ...
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The complaint seeks a declaration that a statute enacted by the Legislature in 1964 relating to contribution among tortfeasors responsible for the Baldwin Hill Reservoir disaster in December 1963 1 is constitutional. Although several oil companies and other persons are named as defendants in the complaint, only respondent Standard Oil Company of California appeared in the action. The...
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— Plaintiffs, civil service employees of the State of California, sought declaratory relief and a writ of mandate directing the defendant State Personnel Board (“board”) to proceed to adjust plaintiffs’ salaries in accordance with the plaintiffs’ interpretation of section 123 of the Labor Code. Section 123 of the Labor Code reads, in pertinent part: “The salaries of the referees shall be fixed ...
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On March 1, 1966, defendant Virginia Catherine Beckett pleaded guilty to three counts of forgery. (Pen. Code, § 470.) On June 20 her motion to withdraw the plea of guilty and her motion for a new trial1 were denied. On June *14630, criminal proceedings were adjourned and she was committed to the Director of Corrections for observation and diagnosis pursuant to section 1203.03 of the Penal Code. Sh...
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In 1957 and 1958 certain residents of San Bernardino County in the Daggett, Newberry and Yermo desert areas formed the Elephant Mountain T.V. Club to rebroadcast television signals by use of a television translator station. The club charged the members for the rebroadeasting service. In 1965 the club encountered financial difficulties because certain residents of the area found it desirabl...
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Petitioners are mother and son. During the summer months of 1965, the 15-year-old minor, hereafter designated as “petitioner,” grew a beard which was neat in appearance and trimmed regularly. On September 8 he enrolled at Polytechnic High School in Riverside, one of the secondary schools within the respondent-board’s jurisdiction. He was suspended shortly thereafter solely for the reason that h...
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A jury found appellant Alex Paul Soto guilty of possession of marijuana, in violation of Health and Safety Code section 11530. His codefendants, Goodwin and Kramer, were found guilty of the sale of marijuana (Health & Saf. Code, § 11531). Since this is the appeal of Soto alone from the judgment against him, it will not he necessary to describe the entire record of the trial. In passing upon th...
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On this appeal the respondents were apparently so confident of their position that they did not see fit to aid the court even by filing a brief or arguing their side of the litigation. Notice was given to the parties pursuant to rule 17(b) of the California Rules of Court, and the respondents still saw fit to do nothing. The appellant notified the clerk that he did not wish to argue the case. C...
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262 Cal.App.2d 195 (1968) THE PEOPLE, Plaintiff and Respondent, v. CARROLL ELTON MAYES, Defendant and Appellant. Crim. No. 377. California Court of Appeals. Fifth Dist. May 15, 1968. LaCoste, Keller, Reid & Azevedo and Ernest LaCoste for Defendant and Appellant. Thomas C. Lynch, Attorney General, and Nelson P. Kempsky, Deputy Attorney General, for Plaintiff and Respondent. GARGANO, J. ...
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Plaintiffs, appearing in propria persona,' appeal 1 from an order dismissing their action against respondents after the court sustained respondents’ general and special demurrers to the second amended complaint without leave to amend. Plaintiffs’ pleadings are difficult to interpret within the established legal framework, and their brief fails to enlighten us as to the nature of...
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This is an appeal from a judgment of dismissal entered after defendants’ demurrer to plaintiffs’ third amended complaint was sustained without leave to amend. In a third amended complaint plaintiffs allege among other things that they are, and were, individually members of the Burbank Board of Realtors (hereafter referred to as Board), that they were doing business as brokers and salesmen,...
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The sole question presented in this appeal is whether, under the admitted facts, plaintiff’s title, based upon the enforcement of a judgment lien, has priority over defendants ’ purchase money trust deed. The action commenced with a complaint to quiet title to real property. Defendants answered and cross-complained for declaratory relief. Each side then moved for a summary judgment in its favor. T...
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Plaintiffs 1 and interveners 2 appeal from a judgment validating certain zoning ordinances and a “Project General Plan” applicable to interveners’ property but invalidating the “Project Precise Plan” submitted for interveners’ proposed real estate development. 3 In conjunction with the appeal we are called upon to decide certain motions which have heretofore bee...
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By an interlocutory decree of divorce entered in January of 1958, defendant was ordered to pay stated sums for child support, alimony and fees for services rendered by *250 plaintiff’s attorney. On December 11, 1958, a writ of execution was issued in favor of plaintiff’s counsel, defendant being in arrears in the payment of attorney’s fees. Pursuant thereto, the appropriate officer levied upon ...
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Petitioner, who is the defendant in an action, number SW D 8174 entitled De Luca v. De Luca, now pending in the Superior Court for Los Angeles County, seeks a writ of prohibition restraining the respondent court from enforcing an order made December 19, 1967, ordering him to pay certain sums to the real party in interest, the plaintiff in said action, for her support. We issued an alternative wri...
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This is a proceeding for a writ of prohibition commanding the Superior Court for Los Angeles County to desist from enforcing a bench warrant and from taking any further proceedings to adjudge petitioner guilty of contempt of court. The writ is sought on the ground that the respondent court lacks jurisdiction. The ease before us arises out of an action pending in the respondent court entitl...
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This is a proceeding to review an order of -thé Superior Court for Los Angeles County adjudging petitioner guilty of contémpt of court for his refusal to answer - a question propounded to him in supplemental proceedings- after judgment in the case of Ransom v. Ransom, number WED 9652, now pending in said court, in which action he is the defendant. In February 1967, the respondent court entered ...
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Appellant sought a writ of mandate in the superior court of Ventura County to compel the board of supervisors to annul a use permit granted by the county’s board of zoning adjustment. The permit authorized respond *280 ent Jade Oil & Gas Company (hereafter “Jade Oil”) to engage in the exploration for, and production of,. oil and gas under its mineral rights lease on land the surfac...
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The People petition for a writ of mandate or prohibition under Penal Code, section 1538.5, subdivision (o), to contest a superior court decision (1) concluding an arrest warrant was invalid, and (2) suppressing evidence because of the warrant’s invalidity. About midnight, June 28, 1967, Sheriff Deputies Wigginton and Olmstead, while patrolling a high intensity narcotics area near Palm City...
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Angel Bernardo Gonzales appeals from a marijuana possession judgment of conviction (Health & Saf. Code, § 11530). At 11:15 p.m., August 19, 1966, in Kate Sessions Park in the hills above Pacific Beach, where it is unlawful to camp overnight, San Diego Police Officers Hartman and Grigsby came upon a camper vehicle and a 1953 Chevrolet parked side by side about 10 feet apart; watched three t...
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The City of Taft, Taft Heights Sanitation District, and Ford City Sanitation District brought this suit against West Kern County Water District for declaratory relief alleging that they jointly own, operate and maintain facilities for the collection, treatment and disposal of sewage éffiuent in or near the City of Taft in Kern County; that they desire to sell or lease the substance to private pers...
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This is a declaratory relief action to determine the rights and duties of plaintiff American Insurance Company and defendants Alice and Sandra Gernand under the uninsured-motorist provisions of a policy of liability insurance issued by plaintiff to defendant Alice Gernand and her husband. Defendants claim that the policy provisions cover damages which they received in an automobile accident where...
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Defendant was charged with violating Penal Code section 217, assault with intent to commit murder. A deputy public defender was appointed, defendant was arraigned, defendant pled not guilty, a jury trial was held, and defendant was found guilty as charged. Motion for new trial was denied, probation was denied, and defendant was sentenced to state prison for the term prescribed by law. Defendant h...
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Defendant appeals from a judgment convicting him of two counts of armed robbery (Pen. Code, § 211). He contends that the court erred in rejecting his defenses of prior conviction and double jeopardy in respect of count I and that his conviction on count III violated Ms constitutional rights to a speedy trial and denied him due process. The evidence of defendant’s guilt upon the counts of which he...
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Plaintiffs appeal from a judgment denying a peremptory writ in a mandamus proceeding to review the decision of the Registrar of Contractors revoking their licenses. The license issued to plaintiff McNeil’s Inc., hereinafter referred to as the Corporation, was revoked upon a finding of cause for disciplinary action under sections 7109, 7110 and 7116 of the Business and Professions Code; and the lic...
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Plaintiffs Howe, his wife and adult daughter, who with a minor son occupied the premises of defendant Bennett, under a lease, have appealed 1 from summary judgments entered in favor of their landlord and the manufacturer who allegedly fabricated and installed the gas furnace in the premises. Plaintiffs’ claims for damages for personal injuries based on defendants’ negligence and brea...
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Frederick Rupert Chandler, defendant below, appeals from a judgment of conviction of armed robbery (Pen. Code, § 211) entered upon a jury verdict. Insisting that his arrest and an ensuing search were without probable cause he contends error: (1) on the admission in evidence of a knife found in the search, (2) in the use of a tape recording of a conversation between defendant and an accomplice w...
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This is an appeal from a purported denial of a motion under section 473 of the Code of Civil Procedure to vacate a judgment of dismissal rendered for failure of plaintiffs’ attorney to effect service of summons on defendant within three years (Code Civ. Proc., § 581a). Plaintiffs are the driver and two passengers in an automobile who suffered personal injuries as a result of a multi-car accident ...
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In January of 1967 petitioner was a candidate for city councilman in the 14th district and requested defendant to provide him with an appropriate form on which to set forth a statement of his qualifications as provided by section 10012.5, Elections Code. 1 Defendant refused to comply, asserting that the provisions of the statute do not apply to the City of Los Angeles as a chartered city (art. ...
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This is an action in eminent domain brought by plaintiff to acquire a 10-foot-wide strip from the frontage of defendant’s property 408.51 feet in length for the widening of Devonshire Street. There was a pretrial hearing at which the court was called upon to decide certain questions of law. At that hearing it was represented to the court that the property was zoned Al, but that the highest and bes...
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A jury found defendant guilty of incest (Pen. Code, § 285) and lie has appealed from the judgment. The People’s evidence consists solely of the testimony of the victim, defendant’s 17-year-old daughter Buthie, and of defendant’s wife, who is Buthie’s stepmother. The defense consists only of the testimony of defendant. Buthie’s testimony includes the following: On Sunday night, Septemb...
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Plaintiffs, Mr. and Mrs. Morrison, appeal from that part of a judgment denying recovery from defend *388 ants M. E. Frazier and F. & S. Management & Investment Corp., of the sum of $5,000 allegedly received by the latter for the use and benefit of the former. Plaintiffs claim they paid the $5,000 to defendants as a deposit on the purchase price of propert...
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Frank J. Ragen appeals from a judgment of conviction entered after a jury found him guilty of raping a female under the age of 18 years (Pen. Code, §261, subd. 1), raping a female prevented from resisting by his having administered an intoxicating narcotic or anesthetic substance (Pen. Code, § 261, subd. 4), and two counts of sex perversion (Pen. Code, § 288a). As of May 26, 1966, Ragen, a gene...
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Defendant is surety upon a bond filed by the principal, Creamerest Dairy Products Company, to secure its license as a milk distributor for portions of the calendar years 1960 and 1961, in the sum of $5,000 for each period. Creamerest has been adjudged a bankrupt. Plaintiff brought this action on behalf of milk producers who were not paid by Creamerest during these periods, and recovered judgment ...
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On November 12, 1965, the District Attorney of Los Angeles County charged defendant with kidnapping and three violations of section 288a of the Penal Code. With respect to each of the latter charges it was also alleged that the act was done “by force, violence, duress, menace and threats of great bodily harm.” Two prior felonies—escape and burglary—were also charged. After pleading not guilty a...
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Defendant appeals from a conviction of robbery (Pen. Code, § 211) which the jury found to be in the first degree. On October 10, 1966, at about 5:30 p.m., Sheldon Podwall the general manager of the Paramount Ice Cream Company in Burbank and Ruth Perez, his secretary, were in the office of the company when two men entered. One carried a shotgun, the other what “looked like a .45.” Both wore stoc...
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Defendant Chavez was convicted of violating Penal Code, section 207 (kidnaping) and Penal Code, section 261, subdivision 3 (rape). His trial was severed from defendant Chastain. The jury found him not guilty of the charge of rape but guilty of the charge of kidnaping. Probation was denied and he was sentenced to state prison. From this judgment, he appeals. The evidence can be summarized as fol...
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Defendant Chastain was convicted of violating Penal Code, section 207 (kidnaping) and Penal Code, section 261, subdivision 3 (rape). A new trial was granted as to the kidnaping conviction whereupon it was dismissed. The appeal is from the judgment of conviction of Penal Code, section 261, subdivision 3 (rape). Codefendant Chavez was granted a separate trial and he was convicted of violating Penal ...
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Convicted of the unlawful possession of heroin (Health & Saf. Code, § 11500) and sentenced to state prison, defendant appeals: *441 Garden Grove Police Officer Nonrse had been working the narcotics detail for nearly five years. State Parole Officer Ryan informed Nourse that George Sianez, a parolee residing in Garden Grove, was armed, dealing in narcotics, and wanted for violation...
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Plaintiff appeals from a judgment entered on a jury verdict in favor of defendants in an action for damages for personal injuries arising when plaintiff’s truck, while making a left turn, was struck in the rear by a tractor and trailer driven by defendant Jiminez. Plaintiff’s *450sole contention is that the trial court erred in giving an instruction based on Vehicle Code section 225041 and given s...
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The Urban Renewal Agency of the City of Monterey instituted this action in eminent domain against Terry Cooper Hackney, Martha Cooper Votaw, and Alicia Orcutt (owners), the owners of an unimproved point of land in Monterey. Joined as defendants in the action were the Travelodge Corporation, J. Dustin Smith and Elizabeth M. Smith, who claimed a leasehold interest in the property. The trial proceedi...
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This is an appeal from a judgment denying appellant’s petition for a writ of mandate to compel the respondent school district to reinstate her as a school teacher., and to pay damages. We modify the judgment but affirm denial of the writ. Appellant was employed by the respondent district'-as a probationary second grade teacher for the school year 1964-1965. On April 14, 1965, at the request of ...
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This action began life in the Los Angeles Municipal Court with its prayer for a declaratory judgment to the effect that the rights of the defendant in dividends paid to it out of an estate in bankruptcy are subordinate to the rights of the plaintiffs and should be held by the *469defendant in trust for them. In its answer the defendant challenged the jurisdiction of the municipal court to entertai...
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Defendants Elaine Rose Fodor (Fodor) and Steven Arthur Clark (Clark) respectively appeal from an order placing Fodor on probation following her conviction of the offense of being present in a place where to her knowledge marijuana was being used (Health & Saf. Code, § 11556), and a judgment imposing sentence on Clark for the crime of possession of marijuana (Health & Saf. Code, § 11530). T...
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This action for personal injuries sustained hy the minor plaintiff, Steven M. Crain (hereafter Steven), was brought by his father, John E. Crain, as guardian ad litem, and also on his own behalf for medical expenses against defendant, Arthur M. Sestak, and his employees., Steven, at the age of 12 years and 7 months, fell from a loose plank in a scaffold in a house being constructed by defendant...
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The record herein discloses that on October 21, 1966, American Machine and Foundry Co., hereinafter referred to as respondent, filed separate actions in the Superior Court for the County of Los Angeles seeking the recovery or the value of personal property. One of the actions bearing civil number 896163 named Late Corporation and Mango Corporation, appellants here, as defendants. The other .actio...
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J. — Defendant and codefendant, Samuel Wooten, were accused of possession of heroin in violation of Health and Safety Code section 11500. Defendant Guidry pled not guilty. Both defendants waived jury trial; both were found guilty; defendant Guidry’s prior convictions were found not true; a probation report was ordered; motion for new trial was made and denied. Criminal proceedings were adjourned ...
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The matter before us is by appeal and cross-appeal from a judgment in favor of .plaintiff on the complaint and for defendant on the cross-complaint. . ' The facts are as follows: In 1957, F. Kenneth Millhollen and James V. 0 ’Kane became the owners of U. S. Paving Co., a corporation. Millhollen and O’Kane were, at all times pertinent to this action, the sole stockholders and the principal ...
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Defendant appeals from that portion of a judgment in condemnation denying prejudgment interest on the award. Plaintiff (District) brought an action in eminent domain to acquire a flowage easement over portions of defendant’s land in connection with the construction of a flood control levee along a segment of the San Jacinto River, including its tributary, Bautista Creek, in Riverside Count...
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On September 17, 1959 building contractor Albert R. Muth and Sons borrowed a total of $176,450 from Richmond Savings and Loan Association. The loan was evidenced by 17 promissory notes, ranging in amounts from $9,750 to $10,900, and each note was secured by a separate deed of trust on one of 17 adjoining lots on 5th Street, in Vallejo. Single family dwellings were to he built by Muth on each óf t...
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The niece of the testator appeals from a portion of the judgment of preliminary distribution decreeing that certain securities be distributed to respondent trustee, Wells Fargo Bank (hereafter bank), to be given ultimately, after the lifetime support of the testator’s sister and one Dorothea Young, to respondent residuary legatee, Leland Stanford Junior University, rather than to the niece as requ...
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Defendant appeals from a judgment of conviction entered on a jury verdict finding him guilty of burglary (Pen. Code, §459). He contends that: his arrest was unlawful, certain evidence was improperly admitted, and he was not properly advised of his rights under the Fourth and Sixth Amendments of the Constitution of the United States. We have concluded that there is no merit in any of these content...
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The City of Glendale is party to a contract with the State Employees’ Retirement System under which retirement, death and disability benefits are provided for the employees of the city. The contract was executed pursuant to Article XXV of the city charter which was adopted as an amendment in 1945. The article, in material part, reads as follows: “The City shall participate in the State Employees’ ...
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This is an appeal by defendant from a verdict for plaintiff following a jury trial. The action is one for personal injuries, including medical expenses. The defendant urges the following contentions on appeal; “A. The Trial Court Committed Prejudicial Error in Refusing to Give an Instruction Embodying the Doctrine of Assumption of Risk. “B. Defendant’s Duty as a Stable Keeper Was to Exercis...
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262 Cal.App.2d 563 (1968) CITY OF DOWNEY, Plaintiff and Respondent, v. JOSEV GONZALES et al., Defendants and Appellants. Civ. No. 31295. California Court of Appeals. Second Dist., Div. Five. May 28, 1968. Phill Silver and Manuel Ruiz for Defendants and Appellants. Royal M. Sorensen, City Attorney, Burke, Williams & Sorensen and Carl K. Newton for Plaintiff and Respondent. STEPHENS, J. ...
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This accident occurred on March 12, 1964, on Pairview Road immediately north of Newport Boulevard in Costa Mesa. The plaintiff Ada Hooper was riding in the front seat of an automobile being driven by her husband. They were proceeding north on Pairview Road, and the accident occurred at a point northerly of where Newport Boulevard intersects with Pairview Road. Newport Boulevard runs in a northe...
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Plaintiff-respondent Dallman Company (Dallman) filed an action against defendant-appellant Southern Heater Company (Southern) for damages for loss of business profits and good will as a result of a breach of contract. From a judgment for $262,870.43 Southern appeals. 1 By stipulation the issue of liability was first tried by the court which made an oral determination thereon in favor...
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A jury found defendants Edward Sparks and Leonard Sparks, who are brothers, guilty of second degree robbery. The trial court denied probation and sentenced both defendants to state prison. On appeal from the judgment of conviction each defendant contends, first, that since the record is silent as to whether or not the court considered referring him to Youth Authority, we must presume that the cou...
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Plaintiffs appeal from a judgment of dismissal following the granting of a summary judgment in favor of the City and County of San Francisco (hereinafter referred to as City) in an action for personal injuries suffered by the plaintiff, Diana Curreri. This appeal does not apply to Dominico Basili, the other named defendant who was not a party to the motion for summary judgment and against whom ...
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This is an appeal by Ian Myers from a judgment in favor of respondents John and Joseph Carini after trial by jury of appellant’s action to recover damages for personal injuries. The record supports the following statement of facts: Appellant, a pedestrian, was standing on the north side of Market Street at Sixth in San Francisco. At this intersection, Sixth Street enters Market Street from...
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A left-hand turn accident in which the host driver of one vehicle was a minor, Kirk O. Salisbury, produced: (1) an action by a guest against the driver; (2) an action by the guest against Warren Salisbury, the driver’s father; (3) an action against the driver of the other vehicle. The jury found in favor of the driver of the other vehicle, and there is no appeal from the judgment based on the ver...
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262 Cal.App.2d 626 (1968) THE PEOPLE, Plaintiff and Respondent, v. STEVEN TERRY SUMMERFIELD, Defendant and Appellant. Crim. No. 13633. California Court of Appeals. Second Dist., Div. Three. May 29, 1968. Norman Soibelman, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Robert H. Franci...
Views: 11
Defendant property owners appeal from a judgment in condemnation insofar as the judgment denied any severance damages. Statement of Pacts Defendants’ property before the taking was an irregularly shaped parcel containing 1.52 acres. The property fronted on Interstate Highway 8, sometimes known as Highway 80. The property was improved with a service station and its auxiliary improvements plus a one...
Views: 3
This appeal is from a judgment entered upon a jury verdict in respondents’ favor in their wrongful *646 death action against appellant. 1 The principal question presented is whether the trial court properly disposed of issues raised at the trial by the facts (1) that respondent had remarried before the trial and (2) that she had been pregnant ■with the child before she m...
Views: 2
Petitioner Finley appeals from a judgment denying his petition for a writ of mandate compelling the respondent Director of the Department of Motor Vehicles to set aside the department’s decision suspending petitioner’s driving privilege for six months. Appellant contends that (1) his privilege against self-incrimination was violated, at the department hearing, by receiving evidence of his refus...
Views: 17
This is an appeal from that part of an interlocutory judgment of divorce which awarded to the wife as her separate property certain real property previously occupied by the parties as their home. Plaintiff and respondent, hereafter referred to as the wife, brought an action for divorce, custody of children and their support and maintenance, attorneys’ fees and costs and an award of such of the ...
Views: 1
This is an appeal from a judgment of conviction of robbery in the first degree. In an information filed in Los Angeles on October 21, 1965, appellant herein and Charles Doescher were jointly charged with robbing Robert Pearce on September 24, 1965, of about $1,700 in money. It was further charged that at the time of the commission of the offense defendants were armed with a deadly weapon and fu...
Views: 10
This is an appeal from a judgment of conviction of burglary in the second degree (Pen. Code, § 459) and of receiving stolen property (Pen. Code, § 496). *683In an information filed in Los Angeles on October 31, 1966, defendant was charged in count 1 with burglary in that he did on August 30, 1966, enter the Broadway Department Store, in West Covina, with the intent then to commit a felony, namely,...
Views: 10
This is an appeal from a judgment of conviction of arson. In an information filed in Los Angeles on June 7, 1967, defendant was charged with setting fire to a building on May 2, 1967, in violation of the provisions of section 447a, Penal Code. It was further charged that defendant had six times previously been convicted of felonies, namely forgery in August 1953, narcotics violation in April ...
Views: 5
Defendant corporation, which succeeded to the investment banking and stock brokerage business of a partnership of similar name, and the individual defendant, the manager of a local office of the firm, have appealed from a *695 judgment in favor of a customer which is predicated upon the alleged misfeasance of the defendants and the predecessor partnership. In 13 points they ha...
Views: 13
A jury found defendant guilty of second degree burglary (§459, Pen. Code) and grand theft (§ 487, subd. 1, Pen. Code) ; he admitted three prior convictions of burglary. Defendant appeals from the judgment. O’Keefe Medical Service and Eureka X-Ray Tube Company occupy the same premises at 841 South Grandview. At 7:30 a.m. on April 14, 1967, Mr. McKee, an employee of Eureka had trouble opening the...
Views: 19
Appellant, a resident of Nevada, brought this action seeking to recover damages for personal injuries sustained by him in the course of performing his work as a welder on a construction project in the State of Nevada. Defendants and respondents are California corporations and were the general contractors on this project. The work in which appellant was engaged at the time of his injury was being ...
Views: 11
Defendants were charged by-indictment in two counts returned by the Grand Jury with violating section 8603 [11703] of the Elections Code, and in count II, with violating section 8604 [11704] of the Elections Code. 1 It was alleged that they posted, or caused to he posted, cani *752 paign literature showing an endorsement by an unofficial political group bearing as part of its name the name of...
Views: 3
This case is before us on a petition for writ of review of the “Opinion and Order Denying Reconsideration” of the Workmen’s Compensation Appeals Board (hereinafter called W.C.A.B.). Just two witnesses testified at the' hearing before the referee, petitioner, the widow of Jimmy Wayne Alexander, and her brother, Robert L. Harper, the decedent’s employer and one of the respondents herein. Jim...
Views: 7
This appeal is from an order of the superior court denying a petition for a writ of mandate upon a review of an administrative proceeding pursuant to Code of Civil Procedure section 1094.5. The administrative proceeding followed respondent school board’s refusal to renew appellant's contract as a probationary teacher. On December 6, 1966, respondent board adopted the following resolution: 1 ‘ C...
Views: 9
A jury found defendant guilty of a sale of marijuana in violation of Health and Safety Code section 11531, and of possession of marijuana in violation of Health and Safety Code section 11530. David Fuentes, a senior narcotic agent with the State Bureau of Narcotic Enforcement, accompanied by a “contact” by the name of Alfonso Cintora, also known as “Chi *768 eo,” drove to the ...
Views: 7
Appellant, Agricultural Insurance Company appeals from a judgment in favor of respondents, Melvin J. Smith, et al., in an insurance subrogation action brought by the appellant against the respondents to recover payments it claims to have made on behalf of its insureds, the lessors of a building leased to respondents, on account of damages to the building caused by fire. In its amended complaint...
Views: 6
By information defendant William Thaddeus Hale was charged with possession of marijuana for purposes of sale (Health & Saf. Code, § 11530.5) and defendant Anthony Brian Roller with possession of marijuana (Health & Saf. Code, § 11530). Their motions to set aside the information (Pen. Code, § 995) were denied. On August 8, 1966, the ease was submitted upon the reporter’s transcri...
Views: 13
Defendant Arnold Franklin Rowland was convicted of an assault with a deadly weapon (Pen. Code, § 245) by a court, sitting without a jury. Sentenced to state prison, he appeals from the judgment of conviction. Appellant’s Contentions The crux of the defendant’s contentions of error is that by erroneous exclusion of relevant evidence, the trial court thwarted his counsel’s attempt to put on an ...
Views: 22
This appeal tests the question whether the time spent by a defendant in a diagnostic facility of the Department of Corrections prior to judgment must he credited to the defendant on his sentence. Frank Hale Bennett *800 petitioned the Superior Court of Kern County for a writ of mandate ordering the prison officials to give credit on the sentence of the defendant for the 90 days spent by him pur...
Views: 7
This is an appeal from judgments of robbery. In an information filed in Los Angeles on October 28, 1966, in count I each of the defendants was charged with robbing Douglas Parker on September 29, 1966, of certain personal property. It was also charged that defendants were armed with deadly weapons at the time of the commission of the offense. In count II each of defendants was charged with kidnap...
Views: 19
The issue: timeliness of commencing suit against a public entity. The chronology: 17 June 1963—a car containing appellants collided with a car containing respondent Nybakken, an employee of respondent County. 12 September 1963—appellants filed with the County a claim for damages caused by the collision. Other than to acknowledge receipt of the claim, respondent Coun...
Views: 9
This is an appeal by defendant Baker from a judgment entered in favor of plaintiff Smalley ordering restitution of a $10,000 deposit, together with all accumulated interest, and decreeing rescission of an agreement between Baker, on the one hand, and plaintiffs Smalley and Bratton, on the other, whereby Baker, for the sum of $10,000, licensed Smalley and Bratton to market an axle puller. The ease...
Views: 3
John M. Schaefer appeals the determination of the trial court that he did not properly receive a permanent waiver of life insurance policy premiums and that the issuer, California-Western States Life Insurance Company (hereinafter sometimes referred to as Cal-Western) is entitled to reformation of the policy on grounds of mutual mistake. Appellant contends that the incontestability clause of th...
Views: 8
Plaintiff Lucyle Moss, the vendor under a contract for the purchase and sale of certain real property, appeals from the judgment of the trial court denying her specific performance or damages from the purchaser, Minor Properties, Inc. Appellant contends (1) that respondent was not entitled to terminate as it did the escrow for the transfer of the real property when it failed to close on Ma...
Views: 1
In a declaratory relief action, the trial court entered a judgment in favor of plaintiff Allstate Insurance Company, a corporation, and against defendant Valerie Orlando declaring that she had no right to recover under the uninsured motorist clause of her father’s automobile insurance policy because of her failure to file a timely demand for arbitration under section 11580.2, subdivision (h), o...
Views: 9
Defendants appeal from an order granting plaintiffs a new trial in their action for the alleged wrongful death of Corda E. Funderburk. The accident out of which the action arose occurred on January 9, 1965, when a van owned by the defendant General Telephone Company of California and driven by its employee, the defendant Green, hit the decedent in a marked crosswalk. The case went to ...
Views: 5
Defendant appeals from conviction, after a jury trial, of kidnaping for the purpose of robbery and of robbery by force and violence and sentence of life imprisonment without possibility of parole on the kidnaping charge alone after penalty trial by the court, jury having been waived. Contentions 1. Evidence sufficient to show that the kidnaping was for the purpose of robbery and that defendan...
Views: 7
—Plaintiff, Paramount Television Productions, Inc., licensee and operator of KTLA television *3 station, appeals from a judgment rendered in favor of defendants Bill Derman and Bill Derman Productions, a corporation. The litigation arises out of a letter form of agreement between the parties dated February 1, 1962, as amended July 19, 1962, and July 31, 1962. The text of the a...
Views: 1
Defendants Ward are landowners who appeal from a judgment fixing damages in an eminent domain action. The suit was brought by the State Department of Public Works to acquire a triangular-shaped parcel of about six acres, leaving the Wards with 46.5 acres; to extinguish a permanent easement of access between the Wards' remaining land and the neighboring freeway (Interstate 5), which had been cre...
Views: 1
Following a jury trial, defendant was sentenced to state prison as a result of a judgment convicting him of the crime of assault with intent to commit murder (Pen. Code, § 217). The victim, a young, married, pregnant girl in her early twenties, lived with her mother and 14-year-old sister in Palm Springs. During the mother’s absence from the home on Sunday, April 3, 1966, the victim retired ear...
Views: 10
This action for declaratory relief was dismissed after the sustaining of demurrer to the complaint without leave to amend. Plaintiffs appeal. Plaintiffs own real property in the Diamond Heights section of San Francisco. Believing the improvements on their lands to be assessed at too high a figure for the 1965-1966 tax year, they applied to the supervisors, sitting as a board of equali...
Views: 7
This cause arises by way of petition for writ of-review to inquire into and determine the lawfulness of an opinion and order denying reconsideration of order awarding workmen’s compensation payment, under., an insurance policy issued by Pacific Indemnity Insurance Company (here *37 inaftér called Pacific). Labor Code section 5950 provides for such review. Facts In Mar...
Views: 0
In March 1965 the Department of Alcoholic Beverage Control ordered a 10-day suspension of the on-sale general license of AVilbur and Katherine Mumford doing business as The Safari Room, Tustin, California, based upon a finding the Mumfords had bought beer for resale from an unlicensed vendor (Bus. & Prof. Code, § 23402). The Alcoholic Beverage Control Appeals Board affirmed. A superior court ju...
Views: 1
Defendant Legg (defendant) and a eodefendant, Stowe, were convicted in a nonjury trial of posses *53 sion of marijuana. Defendant appeals-from an order granting; him probation. ■ The sole attack on the conviction is a concentration of numerous shafts directed against the search that discovered the contraband received in evidence. We have concluded that the search and seizure were not illegal....
Views: 1
Appellant, a real estate salesman, and respondent broker, her employer, were members of the Bakersfield Board of Realtors, a voluntary association. Salesmen held associate, nonvoting memberships, while brokers were classified as active, voting members. Appellant agreed to abide by the “Realtor’s Code of Ethics” and the bylaws of the association, which at that time recommended that controversies...
Views: 7
Ted Avram filed an action in the Superior Court of Tuolumne County (No. 11065) against Sequoia Pine Mills, Inc., Fritz Hutcheson, Norman J. Winsor and Walter M. Stuermer for the dissolution of a partnership consisting of Messrs. Hutcheson, Winsor, Stuermer and himself; his allegation was that the individuals were actually doing business as a copartnership in the manufacture of lumber with a pri...
Views: 6
On these appeals from judgments awarding third party claims, the sole question presented is whether the evidence establishes that title to the funds in question had passed to respondent prior to the attachments of appellants. The facts are not in dispute. In March 1966, Pateo, Inc. (hereafter Pateo) sold its supermarket in Crescent City to Lehman Co., Inc. for about $52,000. This amount was deposi...
Views: 0
Defendants appeal from several judgments rendered against them. In case No. 320492 Morrison alone was charged with receiving stolen property (Pen. Code, § 496). After waiving a jury trial and submitting the case upon the transcript of the preliminary hearing, he was found guilty by the court. By separate informations consolidated for trial by stipulation, in case No. 315531-316182 Morrison and ...
Views: 7
Defendant appeals from a conviction of robbery in the second degree contending, (1) he was denied the right to represent himself at the trial; and (2) the court erred in sustaining an objection to expert opinion evidence he did not have an intent to steal at the time of the offense. On March 24, 1966, defendant’s automobile was involved in a rear-end collision with an automobile driven by a man...
Views: 13
The City of Oakland (hereafter Oakland) and its auditor-controller (hereafter controller) appeal from a judgment declaring that respondent Marie Belle Barnett (hereafter Mrs. Barnett), the widow of a retired fireman, was entitled to a retirement allowance without the deduction of the amount of the workmen’s compensation death benefits award made to her minor child, respondent, Ronald Barnett (her...
Views: 3
Jury verdict and judgment were for defendant in this personal injury action. Plaintiff’s motion for new trial was denied. Her notice of appeal was filed within 60 days of notice of entry of judgment. But it recites that she appeals “from the order denying new trial.” On the ground that the order specified in the notice is not appealable, defendant moves to dismiss the appeal. Since the 1915 ame...
Views: 7
After a trial by jury, defendant appeals from a judgment of conviction of two counts of felony: possession of heroin (Health & Saf. Code, § 11500) and possession of a concealable weapon by a felon (Pen. Code, § 12021). It is contended on appeal that the conviction rests upon illegally obtained evidence, that the evidence was insufficient as to the narcotic count, and that the judge erred in res...
Views: 10
Plaintiff, as owner of an employment agency, commenced this action for declaratory relief on behalf of himself and employment agencies similarly situated with respect to the issues herein. Plaintiff sought a declaration that certain regulations issued by the defendant Labor Commissioner are invalid. The regulations so referred to are to the effect that the contract receipt which is given to an app...
Views: 0
Defendant was charged by information with violation of Health and Safety Code, section 11503 (sale or furnishing substance falsely represented to be a narcotic and delivering a non-narcotic in lieu thereof). Prior to the commencement of trial, on motion of the People and over objection of defendant, the information was amended to allege one prior felony conviction. Defendant admitted the prior, bu...
Views: 3
In this action for damages for defendant’s alleged bad faith and negligence- in the performance of his duties as an attorney at law, plaintiffs appeal from the judgment entered upon a jury verdict in favor of defendant and from the order of the trial court denying plaintiffs’ motion for judgment notwithstanding the verdict. Plaintiffs’ contentions on appeal are that (1) the evidence is insuffic...
Views: 13
By the verdict of the jury in this case, appellant was found guilty of first degree murder. On this appeal from the judgment, appellant states his basic contentions as follows: (1) “The defendant was denied due process of law because the conviction against him was based upon evidence so unreliable that it was illegal as a matter of law; ’ ’ and (2) “The judgment should be reversed or a new trial g...
Views: 0
The information contains two counts of issuing checks without sufficient funds (Pen. Code, § 476a) : count I, a check for $113.75 dated June 16, 1964; count II, four checks, for $66, $39, $10 and $20, and dated June 12, 4, 14 and 23, 1964, respectively. A jury found defendant guilty as charged. On June 16, 1965, proceedings were suspended and he was placed on probation for three years, the first ...
Views: 3
This is an appeal from an order granting a new trial to plaintiff after a jury verdict in favor of defendant. The trial court specifically based the order upon the ground that the evidence was-insufficient to justify the verdict and, as will appear, specified its reasons. The action is for battery. The harmful touching of plaintiff was admitted by defendant on the stand. The only real issue —ap...
Views: 6
This is an appeal from a verdict for defendant in a wrongful death action. Decedent was a minor child of plaintiffs. The evidence, as disclosed through the testimony of five percipient witnesses and an investigating officer, contains some conflicts. This is not to be unexpected in a ease involving a traffic accident. Decedent lost his life beneath the dual rear wheels of defendant’s 2%-ton...
Views: 4
Defendant appeals from a judgment entered after a trial by the court awarding plaintiffs $9,925.46 plus costs 1 in an action for rescission of a land sale contract, praying for damages in the alternative. The award of damages was predicated upon the theories of negligence and strict liability. We have concluded that the judgment is supportable on the former but not on the latter theo...
Views: 9
Applicant, a truck driver, born August 5, 1935, seeks review’ and annulment of an order of the Workmen’s Compensation Appeals Board denying his claim for reimbursement for self-procured medical treatment and for temporary disability prior to 1966 on the ground that it is barred by the statute of limitations. He contends it is a claim for new and further disability and timely filed as required b...
Views: 6
The question is whether an agreement made between respondents, partners in the restaurant business, and the City of Concord relating to the use of property and the operation of refreshment services at the clubhouse at the municipal golf course creates a taxable possessory interest in respondents. Respondents sued to recover taxes paid under protest to the County of Contra Costa and recovered ju...
Views: 2
This appeal, number 27639, stems from the litigation in 28842, concurrently decided. Pending the appeal of the judgment resulting from the mandamus proceeding in the superior court which we heard and determined in Western Air Lines, Inc. v. Sobieski, 191 Cal.App.2d 399 [12 Cal.Rptr. 719], referred to in 28842 and herein as Sobieski, which resulted in the Sobieski remand, Western held an...
Views: 1
The subject matter of this appeal was before this court in Western Airlines, Inc. v. Sobieski, (hearing denied) 191 Cal.App.2d 399 [12 Cal.Rptr. 719] (Sobieski) and the detailed factual statement therein made is pertinent here in all respects. Additional facts will be recited as the context may require. Western Airlines, Inc. (Western), having determined to...
Views: 7
October 13, 1966, a petition was signed by the probation officer, and filed in the Superior Court of Los Angeles County, wherein it was alleged that James Christopher Bradley, the appellant herein, came within the provisions of section 602 of the Welfare and Institutions Code, 1 in that “Said minor, James Christopher Bradley, did on 9-16-66, at approximately 3:00 p.m., in the 1800 bl...
Views: 6
The Controller of the State of California appeals from an order sustaining the objection of the children of the decedent to the report of the inheritance tax appraiser and fixing the inheritance taxes payable upon the interests passing from the decedent to his children. The question presented by this appeal is whether Horace M. Dobbins, the decedent herein, “exercised” the power of appointment beq...
Views: 0
Theses are three appeals from a decree in an heirship proceeding prorating the federal estate tax in accordance with the statutory plan found in the Probate Code, sections 970-977. As to subject matter, these appeals lie. (Prob. Code, § 1240.) This litigation is primarily a controversy between the widow of the testator, Diana C. Wakefield, and his two adult children by an earlier marriage,...
Views: 2
Petitioner, Board of Trustees of Calaveras Unified School District, seeks a writ of mandate to compel respondent Russell W. Leach, Sheriff of Calaveras County, to return certain personnel records of the Calaveras Unified School District. The real parties in interest, Calaveras County Grand Jury and Charles H. Evans, Sr., its foreman, have filed their return and answer to the petition, and a motio...
Views: 6
Defendant appeals from a judgment of conviction after a jury verdict of murder in the second degree. *291Defendant is a 59-year old Mexican National who entered the United States in 1928 and has lived here ever since. Around 10 o’clock in the morning of August 25, 1966, he entered Dr. Shah’s reception room to see the doctor; defendant, Dr. Shah’s patient, had previously visited the doctor’s office...
Views: 0
Defendant appeals from a judgment quieting plaintiffs' title to the “Clifford Crawford Ranch” in Mendocino County as against his leasehold interest therein. This parcel is only a portion of the property covered by the lease. The lease to defendant was executed on December 4, 1957 and, through exercise of the right to extensions as provided in said lease, the term thereof expires on April 3...
Views: 1
In this appeal by plaintiffs from summary judgment in favor of defendant Daniel W. Baker, the only question presented is whether, on the motion for summary judgment which was granted on the sole ground that plaintiffs’ alleged cause of action was barred by the statute of limitations, any triable issues of fact were raised. We hold that there were not. Record The action is one for malp...
Views: 18
San Carlos School- District sought an injunction -and a writ of mandate against respondent State Board of Education. The superior court sustained a *319 general demurrer to the complaint, refused leave to amend, and entered its judgment dismissing the action. We affirm. Appellant’s complaint, as amended, contained two counts. In the first count it sought (1) to enjoin a school district reorga...
Views: 2
The applicant seeks review and annulment of an order of the Workmen’s Compensation Appeals Board. We annul the order. Upon Ms claim for workmen’s compensation the referee issued findings and award. He found that on December 28, 1965, while employed as a rubber cutter by the Goodyear Tire & Rubber Company, applicant sustained industrial injury to his back which caused temporary partial disability f...
Views: 1
Defendant was charged with the offenses of possession of marijuana, a violation of Health and Safety Code, section 11530, and the unlawful possession of a firearm, a violation of Penal Code, section 12560;-was convicted of the former and acquitted" of the latter; was granted - summary probation; and appeals, asserting asgrounds for reversal: (1) Insufficiency of the evidence to'support' the convic...
Views: 0
Defendant Juarez (32 years of age), a Mexiean-Ameriean farm laborer, killed his paramour, Barbara DeJaeger (30 years of age) after, and apparently because, she had left him because of his cruelty. He also killed another young man, Arlo Ellingson (32 years of age) who happened to be present among others at the Woodland, Yolo County, home of the woman to which the first victim had gone earlier on t...
Views: 4
Defendants appeal from an order granting a new trial to plaintiffs in their action for damages for personal injuries sustained in an intersection collision between an automobile driven by plaintiff Leferink and a truck owned by defendant Farmers Mercantile Co. (hereafter Farmers) and driven by their employee, defendant Harry A. Moranda. There was no plea of contributory negligence. Farmers admi...
Views: 2
Appellant Irving Kohn and his assistant Peter Baird were jointly indicted by the grand jury on charges of conspiracy and extortion. (Pen. Code, §§ 182, 518.) The indictment contained six counts. They were acquitted on one count of conspiracy, but convicted on all remaining counts. Appellant was sentenced to the Department of Corrections for the term prescribed by law, with the express provision i...
Views: 12
Defendant was tried before a jury and convicted of the armed robbery of a service station. (Violation of Pen. Code, § 211.) Defendant was also charged with and admitted three prior felonies. * In each prior felony conviction, defendant was represented by counsel. Defendant contends on appeal that the trial court erred in admitting testimony identifying him as the person who committed another ...
Views: 1
Pearl Dennis and defendant were charged with selling marijuana (§ 11531, Health & Saf. Code); the information also alleged that defendant had suffered four prior felony convictions. The cause was submitted to the trial judge on the transcript of the testimony taken at the preliminary hearing. Defendant was convicted of possession of marijuana (§ 11530, Health & Saf. Code), a lesser but necessarily...
Views: 5
This is an appeal by the County of Los Angeles and the Board of Supervisors of the County of Los Angeles (hereinafter referred to as County and Board) stemming from a judgment in a representative action brought by certain named petitioners (hereafter referred to as Bailiffs) for themselves and on behalf of 137 other County employees. The judgment granted a peremptory writ of mandate ordering th...
Views: 4
Petitioner seeks review and annulment of an award of the Workmen’s Compensation Appeals Board assessing a penalty, pursuant to Labor Code, section 5814, against the insurance carrier for unreasonable delay in the payment of compensation. Petitioner, the applicant, contends that the board has not computed the penalty as required by the statute. The statute provides: “When payment of compens...
Views: 7
Plaintiff wife and defendant husband were divorced in 1955. On April 22, 1964, the court ordered defendant to show cause why defendant should not be adjudged guilty of contempt for non-compliance with the alimony and child support provisions of the interlocutory decree and final judgment of divorce. 1 The court declined to hold defendant in contempt, but ordered him to pay plaintiff an arrearag...
Views: 6
This matter is before this court following decision of the Supreme Court of the United States (386 U.S. 272 [18 L.Ed.2d 41, 87 S.Ct. 1033]) which granted the defendant’s petition for certiorari and ordered that the judgment predicated on the decision of this court (234 Cal.App.2d 212) be vacated. The case was remanded for further consideration “not inconsistent with the opinion’’ of that court, wh...
Views: 6
The Civil Service Commission of the County of Los Angeles appeals from a judgment mandating it to certify respondent Hofberg’s eligibility for appointment as a social worker in the county service. Hofberg had been discharged from county employment in 1957 because the previous year, in an appearance before the House of Representatives Committee on Un-American Activities, he asserted Fifth Amendm...
Views: 10
Petitoner suffered a heart attack while on duty as a police officer in the employ of respondent City. Claiming industrial injury, he applied for benefits under the workmen’s compensation law. (Lab. Code, div. 4 [commencing with § 3201].) 1 After a hearing and examination of medical evidence in the form of written reports, respondent Board’s referee ordered that petitioner take n...
Views: 6
In an information defendant was accused of violating section 11530.5 of the Health and Safety Code (possession of marijuana for sale). His motion to set aside the information was granted. The People appeal from the order setting aside the information. (Pen. Code, § 1238, subd. 1.) In a complaint filed in the municipal court the defendant was charged, in count 1, with violating the provisions of...
Views: 9
A jury convicted defendant of second degree murder; he admitted a prior felony conviction. Defendant appeals from the judgment. Shortly before midnight on August 29, 1966, James Landi, a bartender at the Gay 90's, asked Patrick McCall to watch the bar while he threw out two men (defendant and James Perry) seated at the end of the bar. McCall saw Landi and defendant standing close to each other ...
Views: 9
Bank of America, as administrator and former conservator of the estate of Kate Moore, appeals an order directing it to pay respondents specified compensation *460for services rendered the conservatee. The order to pay came about as follows: In October 1965 Dr. Eugene P. Mathias as friend and personal physician of Kate Moore petitioned for his appointment as guardian of her person and for the appoi...
Views: 0
Appeal from judgment of dismissal after sustaining of demurrer without leave to amend, and from order denying motion to vacate order sustaining such demurrer. The Facts The defendants Beatrice J. Lilly and Clarke N. Lilly are husband and wife. On January 29, 1965, they filed their complaint in the Superior Court for the County of Los Angeles, wherein they sought damages for person...
Views: 2
The defendant Howard was the owner of lots 1 through 16 of Industrial Underpass Tract of Ventura County. The combined area of these lots was approximately nine and one-half acres. For convenience these lots will be referred to as the Howard parcel. On or about January 21, 1960, the defendant Howard leased lots 12 and 13 of the above parcel to the plaintiff Erwin P. Marón. For convenience t...
Views: 5
Applicant, a spot welder, born 1908, seeks review and annulment of orders of the Workmen’s Compensation Appeals Board on three of four claims which were consolidated for hearing. On April 27, 1966, the applicant filed a claim alleging industrial injury to his hip and back in December 1956 (No. 5161). On April 27, 1966, the applicant also filed a second claim (No. 5162) alleging industrial ...
Views: 8
People appeal from a judgment granting a writ of prohibition which forbids the Municipal Court of the Modesto Judicial District to prosecute Benny Max Parrish any further for the alleged violation of section *499 602, subdivision (o), of the Penal Code. * That provision of law was enacted by the Legislature to protect public buildings from trespass during closing hours and, incidentally, to p...
Views: 7
The administratrix of the estate of Rose Marie Gilbert sued for damages on behalf of the heirs of the decedent, resulting from her death; the little girl was only 6 years old; she was a pupil at the Washington Elementary School in the Sacramento Unified School District. She was killed on her way home from school when she crossed the track of the Western Pacific Railroad on “I” Street between 19...
Views: 5
This court heretofore filed an opinion affirming the judgment as to the third count (statutory rape) and reversing it as to the first and second counts charging felonious assault; the reversal was due to the fact that on the basis, of the record and the briefs as they were originally presented it appeared to us that the trial judge had committed incurable error by gratuituously stating in the pre...
Views: 9
The defendants, Ronald Bruce Tittle and George Richard Ellsworth III were convicted by a jury of the crime of burglary. They appealed from the convictions on the ground, as they claim, that the evidence was insufficient. No argument is made that the trial court erred in any ruling on the evidence or in giving instructions. As so frequently happens in proof of a crime of stealth like burglary, t...
Views: 2
Plaintiff had judgment on jury verdict in this action for breach of an employment contract. Defendant •appeals. Plaintiff had been employed for some four years by Crum & Forster Group, Inc. In September 1962, one Maas, defendant’s vice-president in San Francisco, asked whether plaintiff was interested in working for defendant. After negotiations with Maas, plaintiff went to defendant’s hom...
Views: 0
Defendant appeals from an order admitting him to probation upon his conviction of violation of Health and Safety Code, section 11530 (possession of marijuana). The judgment depends substantially upon evidence produced by an unlawful search; it must therefore be reversed. Two sheriff’s deputies in a patrol ear were dispatched one evening to an address on Alpine Road in Menlo Park. When they arri...
Views: 13
Defendant Dan Ellingsen, a 16-year-old boy was remanded by the juvenile court for criminal proceed *538 ings on a charge that he murdered Kimie Turner. Informations against Ellingsen have twice been set aside by the superior court upon motion under Penal Code, section 995. On each occasion the court's ruling was based upon a determination that the defendant’s confession was inadmissible under ...
Views: 8
This appeal is from an order of dismissal which followed the sustaining of a demurrer to the third amended complaint. The ground of the decision was that the statute of limitations barred the action as to the demurring defendant. Although the order does not specify the code section, it is assumed that the trial court applied the three-year limitation of Code of Civil Procedure section 338, subd...
Views: 5
This appeal is a companion appeal to that considered in Contract Engineers, Inc. v. California-Doran Heat Treating Co., 2d Civ. No. 30833, ante, page 546 [65 Cal. Rptr. 776], in which we file our opinion concurrently herewith. Both arise out of the same action in the trial court, but the two appeals involve different defendants and different issues. Consequently, although we permitted a partial co...
Views: 0
Defendant was charged by information with violation of Health and Safety Code, section 11530 (possession of marijuana) after a preliminary hearing. Her motion pursuant to section 995 of the Penal Code to set aside the information was granted on the ground that the marijuana had been illegally seized. The appeal is from this ruling. The facts surrounding the arrest are as follows. At 2 :30 ...
Views: 12
The sole issue posed by this appeal is the question of whether the defendants were estopped to assert the applicable statute of limitations, Government Code, sections 945.6 and 950.6, in bar of plaintiff’s cause of action. The trial court determined that the defendants were so estopped. We agree. On January 24, 1964, the plaintiff while riding a motorcycle was struck and injured by a vehic...
Views: 3
Defendant was convicted by a jury of possession of marijuana, two counts of manslaughter, and of driving while intoxicated. The jury found against defendant on his plea of not guilty by reason of insanity. Upon this appeal defendant relies primarily upon the contention the court abused its discretion in denying his request to dismiss counsel the second day of the trial and to proceed in propria pe...
Views: 0
Appellant was convicted in the municipal court of disturbing the peace, a misdemeanor. The judge received information that appellant had been a user of narcotics; therefore an order was entered reciting that it appeared that “by reason of repeated use of narcotics [defendant] may be in imminent danger of becoming addicted to narcotics, . . .” Thereupon, pursuant to Welfare and Institutions ...
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Defendant a 19-year-old boy, was convicted of oral copulation in violation of Penal Code section 288a. The jury, by a special verdict, also found that the crime was accomplished by means of force and violence, thereby invoking the mandatory three-year prison sentence prescribed *588 by section 288a. The court denied defendant’s application for probation and committed him to the Cal...
Views: 13
Plaintiff, who seeks to recover damages from the retailer and the manufacturer of a skin tone cream for the burning, irritation, darkening and scarring of the skin on her face and neck, allegedly caused by the use of that cream, has appealed from a judgment entered on a verdict for the defendants. She contends that the trial court erred in failing to give three instructions offered by her ...
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On May 15, 1966, Locke, a resident of Los Angeles County, died intestate leaving property therein. S. I. Bacon, a stranger to the estate, but the nominee of Jesse S. Locke, decedent’s resident brother, filed petition for letters of administration; thereafter the Public Administrator of the County of Los Angeles filed his petition for letters alleging that the heirs at law are the two nonresident c...
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Defendant Berger and codefendant Ruggiero were convicted by a jury of first degree robbery (Pen. Code, § 211); defendant was also found guilty of kidnaping for the purpose of robbery (Pen. Code, § 209). Previously he had admitted four prior felony convictions alleged in the information. Probation having been denied, he was sentenced to the state prison. Only defendant Berger appeals from the judg...
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A jury convicted defendant of attempted robbery while armed with a deadly weapon (§§211, 664, Pen. Code) and found to be true the allegation of a prior felony conviction. He appeals from the judgment and order denying motion for new trial. The appeal from the order is dismissed. Around 5 p.m. on May 10, 1966, David Bell, working in his store, saw defendant enter: defendant asked Bell for some e...
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Following an accident, Irene Altman filed an action against Charles and Ann Richards for damages allegedly caused by the negligence of defendants in the operation of an automobile. The defendants in the action, *636 who are the petitioners here, seek a writ of mandate requiring the respondent court to vacate an order quashing a subpoena commanding a Dr. Thomas Clancy to appear for ...
Views: 5
This sis an action by a business invitee against a building maintenance operator to recover for personal injuries suffered as the result of a fall. Plaintiff appeals from a summary judgment in favor of defendant. In this opinion we sustain plaintiff’s contention that a triable issue of fact has been raised in the declarations in opposition to the motion. By her complaint plaintiff seeks to recover...
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This is an appeal from a judgment of conviction, on several counts, of violation of the provisions of the Health and Safety Code. In an information (No. 315196) filed in the Superior Court in Los Angeles County on December 16, 1965, Dennis Longanecker and Ruth Longanecker were charged with selling marijuana on October 10,1965, in violation of the provisions of section 11531, Health and Safety Code...
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This is an appeal from a judgment of conviction of two counts of selling a dangerous drug (amphetamine sulphate) and of violating the Dangerous Weapons’ Control Law (possession of metal knuckles) and with possession of amphetamine sulphate for sale. In an information (No. 315,775) filed in Los Angeles on January 4, 1966, defendant and James Rollins were charged in count I with selling amphetamine ...
Views: 0
Walter Ellis Cole appeals from a judgment of conviction of arson .(Pen. Code, § 447a) in a non jury trial. *658A résumé of some of the facts is as follows: Defendant resided with his wife and three children in the lower apartment of a two-story stucco duplex located at 1219 East 33d Street in Los Angeles. The apartment was rented from Shedriek Johnson, who lived in a single family residence at the...
Views: 14
Melvyn Tyrone Tyler appeals from a judgment of conviction of burglary (Pen. Code, § 459) pursuant to a jury verdict. Tyler and three codefendants, Robert Earl Blakely, Alex Anderson and Artie Pullam, were jointly charged with burglary and the court appointed a public defender to represent all four codefendants at their trial. Following two days of trial, the jury found Tyler and each of his thr...
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Plaintiff was the record owner of reserved oil, gas and other hydrocarbon rights which had been assessed by the assessor of Tehama County. It paid the taxes under protest and commenced this action to recover the sums so paid, and appeals from the judgment for defendant. By stipulation of counsel, this cause was submitted to the trial court on the record, which includes the transcript of th...
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Plaintiff appeals from judgment quieting title to a promissory note as being held by her and her deceased husband in tenancy in common rather than in joint tenancy. *684 Question Presented Where a promissory note is issued to husband and wife for money loaned, which money was obtained from the security of joint tenancy real property, is that note held in joint tenancy or in t...
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This is an appeal from a judgment of conviction of violating the provisions of sections 242 and 243, Penal Code (§ 242, battery; § 243, a battery against a known peace officer on duty). In an information filed in Los Angeles on August 4, 1966, defendant was charged with using force and violence upon the person of Deputy Sheriff Carrel, “a peace officer then and *690there engaged in the performance...
Views: 0
Plaintiffs, Michael Casas, a minor, *695 and his father, Stanley Casas, appeal from a judgment in favor of defendants, Oscar Rodriguez and Maulhardt Buick, Inc. (“Maulhardt”), entered after a jury verdict for the defendants. Michael, through his guardian ad litem, sought damages for personal injuries he sustained when he was run over by a car driven by Rodriguez, an employee of Maulhardt acting...
Views: 1
Defendant appeals from a conviction of the felonious offense of failure to provide for his minor children and remaining out of the State of California for a period in excess of 30 days during such failure, a violation of Penal Code, section 270. The grounds for appeal are set forth in briefs filed by defendant in propria persona; are many and varied; and, in most part, are ridiculous and f...
Views: 14
Defendants in a medical malpractice action appeal from judgment, after jury verdict, in favor of plaintiff in the sum of $155,000.. *714 Questions Presented 1. The conditional res ipsa loquitur instruction needed to be given. 2. Absent the doctrine of res ipsa loquitur, there was evidence of negligence. 3. Defendants did not waive their rights to question the giving of the res ipsa loqu...
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Leonard M. Sperry, domiciled in California, died on September 11, 1963, leaving surviving his spouse, Rose Sperry. At time of death, Mr. Sperry held in joint tenancy with Mrs. Sperry certain real and personal property having an appraised value of $186,850.40. All of this joint tenancy property had derived from Mr. Sperry’s personal earnings during the marriage and during a period that the coupl...
Views: 2
258 Cal.App.2d 732 (1968) 66 Cal. Rptr. 58 AUBURN LUMBER COMPANY, Plaintiff and Appellant, v. CITY OF AUBURN et al., Defendants and Respondents. Docket No. 11562. Court of Appeals of California, Third District. February 8, 1968. *733 James K. Norman for Plaintiff and Appellant. *734 Sturgis, Den-Dulk, Douglass & Anderson, and Edwin N. Ness for Defendants and Respondents. FRIEDMAN, J. The City...
Views: 0
This is an appeal from an order granting a preliminary injunction restraining Rudolph Erda, a resident of New York and temporary administrator of the estate of Arthur Rothschild, from prosecuting all suits or claims in an estate matter pending in New York. Appellant appeared specially at the San Francisco hearing for the limited purpose of contesting the jurisdiction of the superior court to hear ...
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Defendant was convicted of three counts of selling heroin (§ 11501, Health & Saf. Code); allegations of two prior felony convictions were found to be true. He appeals from the judgment. *758 To assist him in an extensive “buy” program in Los Angeles being conducted by the Los Angeles Police Department from July through December 1965, undercover Officer Limas used an inf...
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Charged with two counts of assault with intent to commit murder (§ 217, Pen. Code) and one count of burglary (§459, Pen. Code), defendant was convicted by a jury of two counts of assault with a deadly weapon (§ 245, Pen. Code), a lesser included offense, and first degree burglary. He appeals from the judgment. In the morning of March 25, 1966, defendant went to the residence of his divorced wif...
Views: 13
Appellants Andrew F. Ariey and Jean C. I jams, are the nephew and niece of the decedent, Linus A. Goyette, and residual beneficiaries under his last will and testament. Respondents are charitable or benevolent societies and corporations also named as beneficiaries in the will. Appellants appeal from an order settling first account and for preliminary distribution. There is no dispute as to the ess...
Views: 0
After a jury trial, defendant. Katzman was convicted of one count of conspiracy, four counts of grand theft, and seven • counts of ‘ftirgéry;-'and'defendant Sahati was convicted of one count of conspiracy, one count of *781 grand theft, and four counts of forgery. Both defendants appeal. Katzman claims that there was a material variance between the indictment, which alleges a singl...
Views: 6
Plaintiff appeals from interlocutory decree of divorce and seeks review of order denying her motion for a new trial. (Diemer v. Eric F. Anderson, Inc., 242 Cal.App.2d 503, 508 [51 Cal.Rptr. 657].) The parties were married August 5, 1958, and separated May 18,1964; they have two minor children. Plaintiff has a 16-year-old son by a former marriage and receives from his father $75 per month ch...
Views: 3
A jury convicted defendant of three counts of first degree burglary, three counts of assault with intent to commit rape, and three counts of assault with a deadly weapon. Probation was denied, and defendant was sentenced to the state prison—-the terms imposed on two of the burglary counts were ordered to be served consecutively, and the terms on the remaining counts, concurrently. He appeals fr...
Views: 4
Defendants Baldwin and Angelí were convicted of first degree robbery (§ 211, Pen. Code) and first degree murder (§ 187, Pen. Code) ; they appeal from the judgments. Around 9:20 p.m. on February 24, 1965, Russell Poto, a clerk in the Silverlake Liquor Store, was found lying unconscious with a gunshot wound in his head behind the counter near the cash register by Sergeant Gorence, off duty, who had ...
Views: 0
This proceeding arises out of an action filed in February 1967 in the Superior Court for Santa Barbara County entitled Los Padres Aviation, Inc. v. Arthur E. Johnson, et al., number SM 3684. One of the named defendants is the Santa Maria Public Airport District, a public entity created pursuant to the Public Utilities Code, hereafter referred to as the District. Plaintiff’s original compla...
Views: 6
Defendant was charged with the crime of murder of the second degree and, in a separate count, with manslaughter. A prior conviction of murder of the second degree was charged and was admitted by defendant. Defendant was found guilty by a jury of voluntary manslaughter. He appeals from the judgment of conviction. Defendant and the decedent, Nick Derania, had known each other for many years. Sinc...
Views: 7
Defendants Charles C. Stone (Stone) and Mrs. Charles C. Stone (Mrs. Stone) have appealed from a judgment taken against them by default after their failure to *852 answer an amended complaint. In the court below no motion was made for relief from default, which was entered more than six months before the judgment. The Stones engaged new counsel on appeal. The chief contention o...
Views: 0
—An award of death benefits and medical-legal costs issued in favor of the widow and minor children of George W. Thompson against Liberty Mutual Insurance Company, Transport Indemnity Company, Reliance Insurance Company, and Industrial Indemnity Company, the insurance carriers of Thompson’s employers during periods from April 30, 1951, through May 22, 1964. The award was based on a finding that...
Views: 4
—Petitioner seeks a writ of prohibition to restrain the respondent court from taking further proceedings upon an information which charges him with possession of marijuana (Health & Saf. Code, § 11530). Petitioner was arraigned upon a verified complaint filed in the municipal court and a preliminary examination was set. The People were not ready to proceed with the preliminary hearing at t...
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—Petitioner is an inmate of Folsom State Prison. His last felony conviction took place in Los Angeles County in 1963. He was at that time adjudicated a habitual criminal with six prior felony convictions. His conviction and the habitual criminality adjudication were affirmed on appeal (People v. Williams, No. 9329, Dist. Court of Appeal, 2d Dist., Div. 1, unpublished opinion dated May 25, 196...
Views: 0
—Defendant, on his appeal from a judgment of conviction for possession of marijuana in violation of section 11530 of the Health and Safety Code, 1 makes the sole *600 contention that said section is unconstitutional under the equal protection clause of the Fourteenth Amendment of the United States Constitution. The bulk of defendant’s argument, as set out in his bri...
Views: 24
—Defendant Fielden Lyle Gentry, Jr., was convicted by the court, sitting without a jury, on three counts of violating Penal Code, section 476a (feloniously issuing checks without sufficient funds) and appeals from the ensuing judgment. Defendant was represented at trial by private counsel. Upon appeal, this court acting upon his request appointed appellate counsel for him. Appellant conten...
Views: 13
—Petitioner James Stocker, without counsel, was convicted August 17, 1967, on his guilty plea of violation of Vehicle Code, section 14601 (driving while privilege to do so had been refused, suspended or revoked). The plea was entered in the Justice Court of the El Dorado Judicial District, County of El Dorado. The docket sheet of the justice court shows no waiver of the right to counsel. Stocker ...
Views: 8
Vincent DeLucia, the owner of 155 acres of farm land in Merced County, being dissatisfied with the assessed valuation of his property, filed an application before the Merced County Board of Supervisors sitting as a board of equalization to reduce the assessment to what he considered to be a fair and equalized valuation as compared with similar neighboring territory. There was no court reporter ...
Views: 0
The plaintiff brought this action against defendants Drewes and Belaich for injuries sustained when she slipped and fell while stepping over a raised curb in front of residential property owned by defendant Drewes, after walking around a car parked across the sidewalk by defendant Belaich. After refusing to admit certain evidence, the court granted a defense motion for a nonsuit as to defendant Dr...
Views: 0
The question is whether the probation officer of Alameda County shall be appointed, pursuant to the county’s charter, by the judge of the juvenile court on nomination of the juvenile justice commission or by civil service procedure. The superior court, by petition signed by all of its judges, seeks a writ of mandate in its prohibitory form and writ of prohibition to prevent the civil service commi...
Views: 0
On December 29, 1966, the District Attorney of Ventura County filed a complaint against respondent charging him with violations of sections 11500, 11500.5, 11530 and 11530.5 of the Health and Safety Code. We take our summary of the facts which were adduced at the preliminary hearing from defendant’s brief: “At 5:00 p.m. on December 6, 1966, five officers went to defendant Adolph Castro’s r...
Views: 17
After a preliminary hearing, defendant was charged by information with violation of section 459 of the Penal Code (burglary). A prior violation of section 470 of the Penal Code (forgery) was also alleged. Defendant denied the prior and pleaded not guilty. Trial by jury was waived, and the matter was submitted on the testimony in the first 33 pages of the transcript of the preliminary hearing, subj...
Views: 0
Defendants were found guilty by a jury of two counts of perjury (Pen. Code, § 118). They appeal from the judgments of conviction. Defendants are husband and wife. Bruce Grinnell is an attorney at law specializing in estate work, and Pandora Grinnell is his office secretary and bookkeeper. Bruce instituted a will contest action at the behest of one Effie Parish, sister of decedent, in the matter...
Views: 5
Defendant appeals from a judgment, convicting him of manslaughter in violation of section 192 of the Penal Code, and sentencing him to state prison following denial of probation. Judgment was pronounced and rendered after a finding of guilt in a court trial on an amended indictment 1 which charged that on July 2, 1966 defendant unlawfully killed his wife upon a sudden quarrel, and that in the c...
Views: 7
The People appeal from an order setting aside the information charging defendant with possession of marijuana and possession for sale of marijuana (Health & Saf. Code, §§ 11530, 11530.5), following a motion by defendant under Penal Code section 995. The questions presented are, first, whether the marijuana found in the trunk of the automobile that defendant was driving was the product of an illega...
Views: 0
The executrix of the will and codicil of William C. Talbot, deceased, appeals from an order for reimbursement of state inheritance tax paid by executrix and apportioning federal estate tax. William C. Talbot died on March 15, 1961, in Riverside County, survived by a widow and three minor children of an earlier marriage. His will, dated May 8, 1959, disposed of his estate of some $340,...
Views: 0
Plaintiff appeals from orders setting aside an information upon motion by defendants under Penal Code, section 995. The controversy arises out of a general contract for the construction of a public highway; a subcontract for hauling dirt; the employment of truck drivers by the subcontractor; and the alleged violation of tariff regulations, illegal employment practices and failure to comply...
Views: 0
The appeal in this case is taken from a summary judgment in favor of defendants County of Santa Clara and City of Sunnyvale. The action was brought by plaintiffs to recover damages for the alleged wrongful death of their minor son. In the proceedings for summary judgment, plaintiffs made the following showing. In the City of Sunnyvale in Santa Clara County, public highways known as El Cami...
Views: 2
Appellants brought this action against the respondents to recover the sum of $7,975 due them for services rendered and materials furnished in the preparation of the grounds of respondents ’ ‘ ‘ California Baseball School. ’ ’ During cross-examination of appellants’ first witness, the court granted respondents’ motion to dismiss the action on the ground that appellants were barred from recoverin...
Views: 5
Charlotte Cramer appeals an order dismissing her action against Evelyn Biddison and Harold Angerhofer, executors of the estate of Glen Hummer. The order followed appellant’s refusal to amend her second amended complaint after demurrers had been sustained to her pleading. In 1959 appellant divorced Hummer. The judgment of divorce incorporated a stipulation of the parties stating in relevant part: “...
Views: 0
Defendant was originally charged with five counts of violation of section 288 of the Penal Code. Trial by jury was duly waived and the matter was submitted on the transcript of the preliminary examination. On motion of the People, the information was amended, by interlineation, so as *733 to include language charging a violation of section 647a of the Penal Code. Thereafter, the fo...
Views: 2
After a court trial defendant was convicted of murder in the second degree. On appeal, as below, he argues that uncontradicted evidence of diminished capacity due to mental illness shows him to be guilty of manslaughter only. These are the facts: Defendant was born in 1931. He quit school at the age of 17. After doing various odd jobs he entered the army. He was assigned to a military fire depa...
Views: 14
On July 14, 1964, the District Attorney of Los Angeles County filed a four-count information against petitioner. He was charged with assault with a deadly weapon (Pen. Code, § 245), assault with intent to commit murder (Pen. Code, § 217), robbery (Pen. Code, § 211) and kidnaping for the purpose of robbery (Pen. Code, §209). With respect to the violation of section 209 of the Penal Code it was cha...
Views: 10
Defendant was found guilty by a jury of violating section 288a, Penal Code, and section 288, Penal Code. The victim of both offenses was a boy more than 10 years younger than defendant. Defendant was sentenced to prison for the offenses. However, execution of the sentence for violation of section 288a was suspended during the period of the section 288 commitment, the stay to become absolute if th...
Views: 5
Plaintiffs appeal from an order setting aside a default and default judgment. The action, filed in the Superior Court of Siskiyou County, sought recovery of $37,-614.33 for money lent. Defendants were served with process on January 25, 1966. Plaintiffs’ counsel then received successive communications from several attorneys, each of whom stated at first that he would represent defendants, then t...
Views: 3
This is an action on a promissory note against the maker and the guarantors. The court found that plaintiffs granted the maker an extension of time without the knowledge or consent of the guarantors and concluded that the latter were thereby exonerated. Judgment was entered accordingly and plaintiffs appeal. The issues are (1) whether the evidence supports the finding that plaintiffs grant...
Views: 5
This is a judgment roll appeal by defendants California Dual Homes, Inc. and Standard Financial Corporation from an adverse judgment in favor of plaintiffs Harold Hughes and Eloise L. Hughes, and cross-defendant Nashua Manufacturing Company. The facts, as gleaned from the limited record, are essentially as follows. In June 1963 plaintiffs purchased a house trailer manufactured by the Nashua Manuf...
Views: 1
Defendant filed a timely notice of appeal from a judgment pronounced May 24, 1966 which sentenced him to prison following his conviction of possession of heroin in violation of section 11500 of the Health and Safety Code, with an admitted prior conviction in 1954 for the same offense. On July 2, 1965, defendant had entered a plea of guilty to the offense of possession (§ 11500), reduced fr...
Views: 8
Defendants Edward George and T. S. Dameron were convicted after a trial by jury of (count one) conspiracy “to cheat and defraud persons of property by criminal means and to obtain money and property by false pretenses and to obtain money and property by false promises with fraudulent intent not to perform such promises,” in violation of Penal Code, section 182, subdivision 4, (count two) conspi...
Views: 2
On this appeal by defendant from a judgment of conviction of assault with a deadly weapon (Pen. Code, § 245), the sole contention is that the evidence did not warrant the giving of an instruction on flight. 1 The pertinent facts follow. At about 1 a.m. Karen May Lasseter who had had several drinks at several bars, was walking to her home after leaving the Pix Patio Bar in Concord. The driver ...
Views: 6
Appellant brought this action to set aside a default judgment entered against him on the ground that the judgment was obtained because of his inadvertence and by means of extrinsic fraud and mistake. After hearing the evidence the trial court found no excusable mistake or neglect on the part of appellant, and no fraud on the part of respondent. Accordingly the court entered a “take nothing” judgm...
Views: 0
Plaintiff appeals from an order granting defendant a reduction in alimony payments. We reverse the order. Plaintiff and defendant were married on December 21, 1933, and were separated on May 5, 1962—approximately twenty-eight and one-half years. On June 11, 1964, 1 plaintiff was granted an interlocutory decree of divorce which, after a division of the property assets and making provision for ...
Views: 11
This is a proceeding for a writ of prohibition restraining the Superior Court for Los Angeles County from enforcing an order requiring petitioner to answer certain interrogatories. The order was made in an action now pending in that court entitled Dobiesz v. Doak, number SO C 13976, in which plaintiffs seek to recover general damages for the wrongful death of their son, allegedly caused by want...
Views: 7
Roger Edward Brim, on probation, appeals from a judgment entered in a nonjury trial in which the court (1) convicted him of being in a place where narcotics were being unlawfully smoked or used with knowledge of such activity (Health & Saf. Code, § 11556), and (2) acquitted him of possessing marijuana (Health & Saf. Code, § 11530). With Brim’s consent, the case was submitted on the preliminary ...
Views: 5
Defendant was tried by a jury and found guilty of two narcotics offenses, selling heroin (Health & Saf. Code, § 11501) and possessing it for purpose of sale (Health & Saf. Code, §11500.5). The court denied a motion for new trial but reduced each offense to the lesser included offense of simple possession of narcotics (Health & Saf. Code, § 11500). Probation was denied and defendant was sentence...
Views: 6
Defendant was charged with three counts of indecent exposure, in violation of subdivision 1, of section 314 of the Penal Code. A prior conviction of violation of the same section was also charged. Defendant admitted the prior, but pled not guilty to the three offenses herein involved. After a trial by jury, he was found guilty as charged. The criminal proceedings were suspended and, after the ...
Views: 2
Respondent San Diego Hospital Association, is a legatee under a codicil to the will of Thomas E. Sharp, deceased. Appellant, Continental Illinois National Bank and Trust Co. of Chicago, as trustee, is a residuary legatee under that will. Pursuant to a petition by the executor for determination of entitlement to distribution of estate the court decreed the amount of the legacy to respondent bears i...
Views: 0
Plaintiffs Thomas and Joanne Gates (hereafter Gates) brought this action against defendants Croeker-Anglo National Bank (now Croeker-Citizens National *858 Bank), The Anglo Safe Deposit Company and Peter and Patricia Abell (hereafter Abell) to obtain a judicial declartion that plaintiffs were the owners of and entitled to immediate possession of certain funds obtained through the s...
Views: 2
Defendant appeals from a judgment of conviction of conspiracy to commit violations of the narcotics laws. Appellant was jointly charged with a number of codefendants. He was found guilty, in a nonjury trial, on a single count of the information which charged conspiracy to violate Health and Safety Code, section 11501 (sale or furnishing of narcotics), and Health and Safety Code, section 11912 (...
Views: 0
December 28,1964, Lester A. Chilcott brought suit for divorce against Katie E. Chilcott, alleging they were married to each other April 11, 1950, and separated April 20, 1964; they had a daughter, aged 9, and a son, aged 6; the property of the parties had been divided; it was in the best interests of the children that their custody be awarded to Katie. The ground of the divorce was that Katie had...
Views: 5
The People appeal from an order granting defendant’s motion under Penal Code section 9951 to set aside the indictment charging him with possession of forged *62cheeks. (Pen. Code, § 475a.) The Attorney General contends that the evidence adduced before the grand jury was sufficient to hold defendant to answer. Defendant contends that because the only evidence before the grand jury was the direct pr...
Views: 0
The question presented on this appeal is whether the respondent superior court abused its discretion by denying petitioner leave to file a cross-complaint in an action for damages for personal injuries and property damage. We have concluded that the court did abuse its discretion under the circumstances hereinafter set forth, and that a peremptory writ of mandate should issue to compel the fili...
Views: 6
This appeal is from an order made June 8, 1967, under Code of Civil Procedure, section 473, setting aside a default, an interlocutory judgment of divorce entered upon that default, and a previous order of another department denying defendant’s motion under Code of Civil Procedure, section 473. Facts Plaintiff Eivind Vigge Rambush (Rambush), a retired officer in the British army, filed...
Views: 5
The cross-appeals in this products liability litigation arose from an accident that occurred after the left rear tire of a station wagon blew out and the car went out of control, over an embankment and turned over. The husband (Theodore H. Barth) and minor children (William Henry and Julie Lynne Barth, by their father and guardian ad litem) of the deceased driver (Mrs. Shirley Sue Barth), and t...
Views: 16
Plaintiff commenced an action for divorce on October 6, 1964. There then followed a period of approximately eight months until a property settlement agreement was made between the parties with the aid of their counsel. The property settlement agreement made provisions for the division of the community property whereby plaintiff was awarded $3,000 in cash plus a half interest in the family home fr...
Views: 2
There is pending in the respondent court an action number SO C 13735, entitled Craine v. Carlton, wherein plaintiff seeks to recover damages for personal injuries sustained by him in an automobile accident on October 3, 1965. Plaintiff alleges among other things that he was a guest in defendant’s automobile, that at the time of the accident defendant was “under the influence of intoxicants” and th...
Views: 0
—Appellant was charged with forcible rape (Pen. Code, § 261, subd. 3); statutory rape (Pen. Code, § 261, subd. 1), and lewd and lascivious conduct (Pen. Code, § 288). The latter charge was dismissed before trial. A jury found him guilty of contributing to the delinquency of a minor, a lesser offense included within the charge of statutory rape. He appeals. We need not detail the evidence. Appel...
Views: 7
Appellant appeals from a judgment convicting him of violating section 591 of the Penal Code. The information charged appellant with maliciously obstructing and tampering with the telephone and telephone apparatus connected with the telephone lines of General Telephone Company on August 13, 1966, and with the conviction of three prior felonies. On the People’s motion the words of the information...
Views: 9
The plaintiff is engaged in the business of offering ambulances for hire to the general public in the desert community of Barstow, California. Although not pleaded, the parties concede that on March 17, 1966, the plaintiff advised the officials of the City of Barstow that his labor costs would be increased by reason of a rule of the U. S. Department of Labor involving the payment of premium wag...
Views: 13

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