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All Reporters → cal-app-lexis → Volume 1974

Opinions in cal-app-lexis Volume 1974

Opinion Appellant Roy P. Longfellow brought this action to recover damages for injuries allegedly sustained while working aboard a ship of Mexican registry, the Presidente Miguel Aleman. The complaint set out two causes of action: a negligence claim, and a claim under the admiralty doctrine of unseaworthiness. Named as defendants were the vessel, her owner Petróleos Mexicanos, ...
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*521 Opinion Appellants Josephine Belmont and Glenda Pawsey were civil service “psychiatric social workers” employed by the state’s Department of Social Welfare (hereafter the “Department”). They worked with mentally and emotionally disturbed persons who in one form or another were receiving aid or assistance under division 9 (§§ 10000-18909, inclusive, entitled “Public Social Se...
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*548 Opinion Defendant, Frank Hamilton Metcalf, appeals from a judgment declaring that the Governing Board of the Mountain View School District had sufficient cause to place him on compulsory leave of absence and thereafter to dismiss him on the grounds of immoral conduct and evident unfitness for service. Metcalfy a sixth gradé* probationary teacher, was convicted of engagi...
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Opinion In 1971, plaintiff, who was a superior court judge in Imperial County since 1963, sought to retire at the age of 70 with optimum retirement benefits under Government Code section 75076. He claimed 20 years of service credit: eight on the bench, seven (plus) as City Attorney of Calexico, and the balance from over five years as assistant legal counsel for the Imperial Irrigation District. On...
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Opinion Geneva Henderling sought from the superior court a writ of mandate to compel Robert B. Carleson, Director of the State Department of Social Welfare, to set aside his order denying welfare assistance to appellant. The writ was denied, and the present appeal followed. We hold that the writ should have been granted. On November 21, 1969, appellant applied for assistance under on...
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Opinion In this petition for habeas corpus, petitioner William T. Farr seeks further review of an adjudication of contempt ordered by the *580 Los Angeles Superior Court. The matter has previously been before us on writ of review from the contempt adjudication. In that proceeding, we affirmed the trial court’s order. (Farr v. Superior Court, 22 Cal.App.3d 60 [99 Cal.Rptr. 342].) A petitio...
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Opinion The real party in interest proposes to construct a multilane freeway across the Lompoc Valley, by-passing the City of Lompoc. Petitioners brought suit in respondent court, seeking, on environmental and ecological - grounds, to prevent the proposed construction. 1 After a trial, the respondent court issued and filed its memorandum of intended decision, which indicated an intention to d...
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Opinion In the light of People v. Beamon (1973) 8 Cal.3d 625 [105 Cal.Rptr. 681, 504 P.2d 905], it is clear that this court misconstrued section 1157 of the Penal Code when we treated defendant’s conviction for robbery as being in the first degree (People v. Doran (1972) 24 Cal.App.3d 316, 321-322 [100 Cal.Rptr. 886]). Applying the tests set forth by the Supreme Court in People v. Be...
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Opinion Defendant Alcee Foster was charged with selling restricted dangerous drugs in violation of Health and Safety Code section *596 11912 (now § 11379). A jury thereafter found him guilty of that offense. He appeals from the judgment which was entered on the verdict. About one and one-half years before the charged offense Foster had possessed restricted dangerous drugs for sale in viol...
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Opinion Appellants Turell, and others, appeal an order quashing a writ of execution and vacating a levy on property of respondent Basic Investments, Inc. On 20 August 1970 appellants leased to respondent for one year a building and lot at 915 W. 5th Street, Azusa, at a rental of $3,450 a month payable in advance. Respondent deposited $6,900 as security for performance of the terms of the lease.1 R...
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Opinion We issued an order to show cause in response to an application by petitioner Albert C. Oglesby for a writ of habeas corpus wherein he contends the revocation of his parole by the Adult Authority on November 2, 1972, did not conform to the requirements set forth in Morrissey v. Brewer (1972) 408 U.S. 471 [33 L.Ed.2d 484, 92 S.Ct. 2593]. The sole issue before us is whether or not pe...
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Opinion We issued an order to show cause in response to an application by petitioner Terry Lee Spence for a writ of habeas corpus wherein he contends the rescission of his parole date by the Adult Authority on October 10, 1972, did not conform to the due process requirements set forth in Morrissey v. Brewer (1972) 408 U.S. 471 [33 L.Ed.2d 484, 92 S.Ct. 2593] and In re Prewitt (1972) 8 Cal...
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*645 Opinion On August 6, 1973, petitioner Herbert Bell, Jr., filed a petition for a writ of habeas corpus alleging that the rescission of his parole date did not conform to the requirements set forth in Morrissey v. Brewer (1972) 408 U.S. 471 [33 L.Ed.2d 484, 92 S.Ct. 2593], We issued an order to show cause. Petitioner is currently serving sentence at Folsom Prison after conviction of ...
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Opinion In this application for a writ of habeas corpus, petitioner Bobby Williams alleges the revocation of his parole did not conform to the requirements set forth in Morrissey v. Brewer (1972) 408 U.S. 471 [33 L.Ed.2d 484, 92 S.Ct. 2593], and Gagnon v. Scarpelli (1973) 411 U.S. 778 [36 L.Ed.2d 656, 93 S.Ct. 1756]. Petitioner was released on parole April 2, 1973, and 22 days thereaf...
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Opinion Appellants (four in number) filed this tort action against respondents, the City and County of Imperial, and others to recover damages for injury to their property and loss of business profits resulting from a fire which occurred at the Imperial County Airport on June 24, 1971. Appellants alleged they leased and occupied premises and conducted business on the airport, which was ow...
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Opinion North Beach Bonding Company has appealed from orders of the trial court which refused to set aside a forfeiture of bail. 1 The record fails to contain a copy of the bail bond or of any judgment entered against the bail bond agent or a surety insurer, 2 so the interest of appellant is ob *666 scure. Nor does the record contain any written motion i...
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Opinion Defendants were jointly charged with murder. After a trial by jury they were found guilty of murder in the first degree and sentenced to state prison for the term prescribed by law. They have appealed; we affirm the judgments. It is not denied that the victim was shot and killed, in aid of a robbery, while he was driving into his garage between 12:45 and 12:50 a.m., the night of Septe...
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36 Cal.App.3d 688 (1974) 111 Cal. Rptr. 750 VETERANS OF FOREIGN WARS OF THE UNITED STATES et al., Plaintiffs and Appellants, v. THE STATE OF CALIFORNIA et al., Defendants and Respondents. Docket No. 13851. Court of Appeals of California, Third District. January 11, 1974. *690 COUNSEL Floyd V. Gibbert for Plaintiffs and Appellants. Evelle J. Younger, Attorney General, Iver E. Skjeie, Assistant Att...
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Opinion A writ was granted in this proceeding to review an opinion and decision after reconsideration of the respondent Workmen’s Compensation Appeals Board, which set aside, on the ground petitioner’s application was barred by the statute of limitations, so much of a referee’s award in his favor as awarded him further medical treatment, temporary disability indemnity at the maximum rate ...
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Opinion Appellant Jennings was a licensed real estate salesman. His license, and all right to renew or reinstate it, were ordered revoked by the state’s Real Estate Commissioner under the authority of Business and Professions Code section 10177, subdivison (b). Section 10177, subdivision (b), authorizes such a revocation when a licensee has entered a plea of guilty to “a felony or a ...
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Opinion For 24 years Juan Vargas lived a double life as husband and father to two separate families, neither of which knew of the other’s existence. This terrestial paradise came to an end in 1969 when Juan died intestate in an automobile accident. In subsequent. heirship proceedings the probate court divided his estate equally between the two wives, Juan’s first wife Mildred appeals, co...
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*730 Opinion By petition for writ of certiorari or prohibition or mandate the People of the State of California, acting by and through the State Lands Commission, seek review of an order of the trial court which, in response to a motion for summary judgment interposed by real party in interest Albany Land Fill Corporation, as an intervening plaintiff in a action for declaratory r...
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Opinion In this case we issued an alternative writ of prohibition directing respondent court to show cause why it should not be permanently restrained from taking any further action or proceeding in an action brought by real party against petitioners. The subject action was filed on March 18, 1965. Petitioners demurred to the complaint on May 17, 1965, and answered the complaint on J...
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Opinion Petitioner (hereinafter Applicant) seeks review of an order of the Workmen’s Compensation Appeals Board (hereinafter Board) dated July 18, 1973, denying reconsideration of a referee’s order awarding Applicant industrial accident benefits, including a permanent disability award of 13 percent. Applicant contends that the award of permanent disability benefits is insufficient, not supporte...
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36 Cal.App.3d 774 (1974) 112 Cal. Rptr. 66 HILBERTO FERDIN, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. 33474. Court of Appeals of California, First District, Division Four. January 9, 1974. *777 COUNSEL Mintz, Giller, Himmelman & Mintz and James Giller for Petitioner. No appearance for Respondent. Evelle J. Younger, Attorney...
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Opinion This prohibition proceeding grows out of an ongoing property settlement dispute between Martin F. Bain (“husband”), petitioner in a marriage dissolution action and Elizabeth D. Bain (“wife”). We issued the alternative writ on the husband’s application. The trial court awarded the wife temporary spousal support, pending the husband’s partial appeal from an interlocutory judgment of dis...
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36 Cal. App. 3d 811 (1974) 112 Cal. Rptr. 157 ROLAND W. WOOD, as Superintendent, etc., Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; DOW J. BYERS et al., Real Parties in Interest. Docket No. 12881. Court of Appeals of California, Fourth District, Division One. January 11, 1974. *812 COUNSEL Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney Gen...
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Opinion County of Fresno employees are covered by the provisions of the 1937 County Employees Retirement Law (Gov. Code, § 31450 et seq.), including, as of January 1, 1970, safety membership by certain persons employed by the sheriff’s office. Set forth in the margin are three sections of the Government Code germane to the determination of persons who fall in the category of safety members. 1 ...
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Opinion The County of Alameda (County) and City of Oakland (City) appeal from a judgment concluding that the taxpayer, respondent, Sea-Land Service, Inc. (Sea-Land), did not acquire a taxable possessory interest under its “Preferential Assignment Agreement,” and directing the refund of 1967-68 personal property taxes levied and collected by the City for the County. As we have concluded that the...
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Opinion Appellant, California Unemployment Insurance Appeals Board (Board) appeals from a judgment granting respondent, Madeleine De Somov, a writ of mandamus. *847Interpretation of the terms of “sole” and “major” in section 1264 of the Unemployment Insurance Code is the sole issue. Respondent at the time of her marriage in June of 1970 to her current husband had two children, a 15-year-old boy an...
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Opinion An information charged defendant with three violations of former Health and Safety Code section 11910, all felonies, in that, on 24 July 1972, he illegally possessed nembutal, amytol and benzedrine. After a nonjury trial, submitted on the transcript of the preliminary hearing, defendant was found guilty as charged. Proceedings were suspended and he was placed on probation under certain ...
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Opinion Robert Balassi, Lena Balassi Paolinelli and Peter Balassi (hereinafter referred to by their given names) appeal from a judgment upon a jury verdict denying probate of an instrument dated June 15, 1966, and asserted to be the last will and testament of Rosa Balassi Gelonese (hereinafter referred to as the “decedent”). Robert, Lena and Peter are children of decedent. The subject instrument p...
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Opinion History The chronology of events which led up to and precipitated the litigation at bench is as follows: On June 5, 1945, Laura A. Jones (hereinafter Jones), a resident of Los Angeles, who had previously (in 1936) opened a savings account with defendant-respondent State Mutual Savings and Loan Association (hereinafter Savings and Loan Assoc.), received, along with her new passbook, a docu...
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*893Opinion By information No. 98094 filed December 29, 1972, defendant, Gary Dean Sinclair, was charged in count I with a violation of Penal Code section 459 (burglary) in that on November 29, 1972, he did feloniously enter the residence of Charles C. Butler, located at 261 Pebble Hill Drive, Santa Barbara County, with intent to inflict great bodily injury, and that he did inflict great bodily i...
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Opinion Petitioners, the Pasadena City Fire Fighters Association and the Pasadena Police Officers Association, sought a peremptory writ of mandate to compel the respondents, the Board of Directors of the City of Pasadena, and the Pasadena City Manager, to establish a personnel system based upon merit for city employees and further, to enjoin the respondents from conducting a particular examinat...
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Opinion This is an inheritance tax case. The appellant is the State Controller, Houston I. Flournoy (Controller). The respondent is the Security Pacific National Bank as the trustee of the Kruse estate (Trustee). Controller appeals from a judgment (order) of the trial court modifying an earlier order fixing the inheritance tax and directing payment of a tax refund to the trustee. We affirm. *912F...
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Opinion Acting in propria persona, defendant Tom Kozden filed a notice of appeal from the trial court’s memorandum decision which required him to pay the County of San Diego a part of the cost of his court-appointed attorney under Penal Code section 987.8. The decision is signed by the judge and filed in the action; its final paragraph is couched in terms of an order. We treat the appeal as bei...
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Opinion Upon petitioner’s application to this court for a writ of habeas corpus, we issued an order to show cause on September 17, 1973, and informed the parties that the petition had been treated by us as a motion for an order permitting petitioner to file a late notice of appeal. (See People v. Serrano (1973) 33 Cal.App.3d 331 [109 Cal.Rptr. 30].) Thereafter, in ...
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*949 Opinion In an indictment filed in the County of Sacramento, defendant was charged with the crime of murder. The jury found defendant guilty of murder in the first degree. He appeals from the judgment of conviction. On August 30, 1971, a Mr. Randle was hired by Folsom Prison as a laundry supervisor. After a week of orientation, he began his duties in the laundry and was working there on...
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Opinion Plaintiff Michael Lee Mahoney who was injured when struck by a motorcycle operated by defendant brought an action for personal injury. 1 Plaintiff appeals from a judgment for defendant entered following a trial by jury. Plaintiff’s Contentions Plaintiff’s attack on the judgment is grounded on the alleged error of the trial court in (1) refusing to instruct the...
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36 Cal. App. 3d 977 (1974) 111 Cal. Rptr. 797 DAVIS DUDLEY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. 42978. Court of Appeals of California, Second District, Division Four. January 24, 1974. *978 COUNSEL Richard S. Buckley, Public Defender, Harold E. Shabo, Dennis A. Fischer, Bernard J. Kamins and Michael Rothschild, Deputy...
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Opinion Plaintiff 1 and appellant Anne Press was injured when struck by a motorboat operated by defendant and respondent Reid Lyford. Plaintiff appeals from a judgment, after a jury verdict, in favor of defendant, and from the trial court’s order denying her motion for judgment n.o.v. Facts The accident occurred on Lake Arrowhead in August 1968. Defendant was operatin...
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*1007 Opinion This is an appeal by defendant and cross-complainant (hereinafter “defendant”) from a judgment in favor of plantiffs and cross-defendants (hereinafter “plaintiffs”) in a declaratory relief action determining the rights of plaintiffs who are lessees of certain real property which had been acquired by defendant for future highway use. 1 The real property ...
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Opinion This is an appeal by plaintiffs from an order granting the motions of several of the defendants to quash service of summons. On March 7, 1972, plaintiffs commenced a class action seeking damages, an accounting and injunctive relief, for unfair competition and unjust enrichment. Named as defendants were: Arthur Leeds, Daniel Gottlieb and Paul Locke, as individuals and as copar...
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*15Opinion The California State Automobile Association, Inter-Insurance Bureau (hereinafter “the Bureau”) claimed deductions in its 1964 California gross premium tax return for amounts credited as savings to the accounts of their subscribers (policy holders) whose insurance policies did not expire until 1965. In previous years the Bureau had claimed such deduction for the year in which the policy...
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Opinion Honeywell, Inc. and Honeywell Information Systems, Inc. *26 (hereinafter “appellant”) 1 appeal from the trial court’s judgment denying relief in their respective actions brought for refund of property taxes assessed and collected on certain leased property. The summarized facts reveal that under a three-year agreement appellant leased an electronic com...
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Opinion United California Bank (UCB), plaintiff and cross-defendant commenced this action to recover money alleged to be due under a contract, entered into as part of a loan transaction, entitled “Sponsors’ Loan Purchase Agreement.” The terms of this agreement required Elliott Maltzman, W. E. Robertson, Harold Pollack, Harriette Maltzman, Pearl Robertson and Joyce Pollack (sponsors) to pu...
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*59 Opinion This is an action by the government to enjoin a national meat processor from selling allegedly short-weight packages of bacon at the retail level. From a summary judgment granting the injunction, the packing company appeals. We hold the court erred in deciding the case summarily. Factual issues exist which can be resolved only by a trial on the merits. Backg...
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Opinion On November 2, 1968, Soliz was injured while in the employ of a company for which Home was the workmen’s compensation carrier. As a result of that accident, Home paid benefits to Soliz in the amount of $26,831.22. On November 6, 1968, Soliz retained defendants Spielman, Ghitterman and Steele (hereinafter “the attorneys”) to bring an action against third parties alleged to have been th...
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Opinion This is an original class action for extraordinary relief in the nature of mandamus, seeking an interpretation of Welfare and Institutions Code section 12053 favorable to petitioners and its enforcement as so interpreted. Statutory Background The Social Security Act of 1935 created several grant-in-aid programs *76to provide federal aid to states in partial reimbursement of state welfare ...
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Opinion Plaintiffs, Mabel Robinson (hereinafter referred to as Mabel) and Joseph Robinson (hereinafter referred to as Joseph), by his guardian ad litem, Mabel Robinson, appeal from a judgment dismissing their action against defendant Clerow Wilson for support and to establish paternity of Joseph. The suit as originally filed named only Mabel as plaintiff. Joseph was added as a plaintiff b...
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Opinion As the return of respondent superior court states: “The instant petition presents an issue of first impression in this state” respecting the availability of the remedy of attachment in actions against individual guarantors of the obligations of business corporations and accommodation makers of notes evidencing their business debts, under the provisions of Code of Civil Procedure section...
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Opinion Plaintiff appeals from an order granting defendant’s (respondent) motion for a new trial on all issues unless plaintiff (appellant) files a remission of judgment in the sum of $35,000. On June 8, 1970, appellant and respondent were involved in an automobile accident. The case was tried to a jury which returned a verdict for appellant and awarded damages in the amount of $50,0...
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Opinion Plaintiff Pauline Lacy (appellant) appeals from an order granting the City of Monrovia’s (respondent) motion for summary judgment. On January 4, 1973, Esse L. Lacy presented to respondent a claim for damages. In the claim Esse L. Lacy alleged that on October 1, 1972, at approximately 4 a.m., “Police Officers of the City of Monrovia broke into my home at the above address 1 in county...
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Opinion This case involves the applicability and construction of certain provisions of the California Environmental Quality Act of 1970 and the 1972 amendments thereto (“CEQA”). (Pub. Resources Code, §§21000-21174.) 1 On July 7, 1971, respondent and real party in interest, William C. Haas & Co., Inc. (“developer”) filed an application for a site permit with defendant San Fran...
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Opinion Appellant, Cora Walker, appeals from a judgment of nonsuit in a malpractice action against respondent, Herbert M. Porter. In the latter part of 1968 appellant lived in a rented house at 336 East 131st Street in the City of Los Angeles. The house was located on a small hill which sloped to the street. During this period considerable work was being done to install sidewalks on ...
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Opinion Appellant Tiffany on October 2, 1971, in the process of boarding an airplane bound for San Francisco, alerted a magnetometer through which he was required to pass. Accosted by a deputy marshal who inquired whether he had “any guns, knives, weapons or tear gas,” he was asked to “step over to the table immediately adjacent to the area for inspection of your carry on articles.” *181In reply ...
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Opinion In this proceeding, petitioner, an injured employee, seeks review of an opinion and order denying reconsideration issued by the *199 Workmen’s Compensation Appeals Board. The question presented is whether the board erred in giving retrospective effect to a 1973 amendment to section 5500.5 of the Labor Code. 1 At the time petitioner sustained his injury, s...
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Opinion We have before us in this extraordinary writ proceeding the question of whether respondent superior court erred in suppressing certain contraband which the People intended to use in a criminal prosecution. The suppression order was entered upon motion of the real party in interest, defendant Randall James Courie, who was charged in a multi-count information with possession of mari...
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Opinion By information appellant was charged in count I with possession of heroin, in violation of Health and Safety Code section 11350, and in count II with being under the influence of heroin, in violation of Health and Safety Code section 11550. A prior felony conviction was also alleged. After denial of his motion under Penal Code section 1538.5, appellant pleaded guilty to count I, count I...
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Opinion This is an appeal by the People (Pen. Code, § 1238, subd. (a)(1)) from an order setting aside counts I, XII, XIII, XIV, and XV of an information 1 following the granting of defendant’s motion under section 995 of the Penal Code. *224 The section 995 motion was directed to the validity of a search warrant. In ruling on the motion, the superior court was acting as a reviewing court....
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44 Cal.App.3d 232 (1974) 118 Cal. Rptr. 662 SAN JUAN TEACHERS ASSOCIATION et al., Plaintiffs and Respondents, v. SAN JUAN UNIFIED SCHOOL DISTRICT, Defendant and Appellant. YUBA CITY UNIFIED EDUCATION ASSOCIATION et al., Plaintiffs and Respondents, v. BOARD OF TRUSTEES OF THE YUBA CITY UNIFIED SCHOOL DISTRICT, Defendant and Appellant. Docket Nos. 14010, 13924. Court of Appeals of California, Third...
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Opinion Defendant, City of Los Angeles, appeals from a judgment, filed March 8, 1973, awarding to the owners of certain residential properties the sum of $224,370.77 in damages in inverse condemnation. The city also appeals from a minute order of March 27, 1973 denying its motion to strike plaintiffs’ cost bill and to tax costs. Both appeals lie. (Code Civ. Proc., § 904.1, subds. (a), (b)...
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Opinion The Case By information, William Russell Kingston, Jr. (hereinafter referred to as defendant) was charged with incest in violation of Penal Code section 285, with statutory rape in violation of Penal Code section 261.5, and with violating section 288 of the Penal Code—lewd and lascivious act against a child. Defendant pleaded not guilty. Defendant personally and by counsel waived ju...
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Opinion The issue presented to us by this appeal is whether each of the doctors, assignors of the plaintiff, is entitled to an expert witness fee in light of the provisions of section 68092.5 of the Government Code. This section provides as follows: “(a) A person who is not a party to the *Supp. 3action and who is required to testify before any court or tribunal, or in the taking of a deposition,...
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Opinion Plaintiff, Ronald P. Jenne, entered into a contract for the purchase of an automobile in his name. He did so at the request and for the benefit of defendants Nathan R. and Donna Mae Wheeler to enable them to obtain the. car on credit, as their own credit rating was unacceptable. Although plaintiff was listed as the registered owner, the automobile was in fact the property of defendants, w...
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*5 Opinion Appellant is the owner of a planned unit development in Sacramento County known as Campus Commons. A planed unit development is a subdivision project where all or some of the several owners of separate lots or parcels have the beneficial use and enjoyment of an improved area, referred to as the “common” area, consisting of recreational and similar facilities; the “comm...
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41 Cal. App. 3d 16 (1974) 115 Cal. Rptr. 723 LINCOLN NATIONAL LIFE INSURANCE COMPANY, Plaintiff and Respondent, v. WALTER A. MITCHELL et al., Defendants and Appellants. Docket No. 42109. Court of Appeals of California, Second District, Division Four. August 6, 1974. *17 COUNSEL Adams, Duque & Hazeltine, Thomas F. Call and James H. Fleming for Plaintiff and Respondent. William F. Kenney and Da...
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Opinion Plaintiff (C. R. Lever) brought an action seeking recovery on a promissory note of $7,500. The case was tried by the court and judgment was rendered in favor of defendant (Mike Garoogian). Plaintiff appeals. The superior court found the following facts to be true: Lever and Garoogian entered into a joint venture to purchase jewelry for resale. Lever was to contribute $7,500, ...
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41 Cal. App. 3d 42 (1974) 115 Cal. Rptr. 746 7978 CORPORATION, et al., Plaintiffs and Respondents, v. PETER PITCHESS, as Sheriff, etc., Defendant and Appellant. Docket No. 42897. Court of Appeals of California, Second District, Division Two. August 9, 1974. *44 COUNSEL John H. Larson, County Counsel, and Frederick R. Bennett, Deputy County Counsel, for Defendant and Appellant. Ronald E. Landers f...
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Opinion Michael Patrick Welch petitions for a writ of mandate to compel the superior court to grant his motion pursuant to Code of Civil Procedure section 170.6 to disqualify the judge assigned to hear a motion to suppress evidence and trial on the merits on charges against *52Welch and codefendants Mark Hubbard and David Sievers of possession of LSD, cocaine, and amphetamine, and possession of ma...
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41 Cal. App. 3d 55 (1974) 114 Cal. Rptr. 913 HUSTON ABRAMS et al., Plaintiffs and Appellants, v. CROCKER-CITIZENS NATIONAL BANK, Defendant and Respondent. Docket No. 32625. Court of Appeals of California, First District, Division Four. July 9, 1974. *57 COUNSEL Nathaniel S. Colley for Plaintiffs and Appellants. Morrison, Foerster, Holloway, Clinton & Clark, James J. Garrett, Charles R. Farrar...
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41 Cal. App. 3d 62 (1974) 115 Cal. Rptr. 726 THE PEOPLE, Plaintiff and Respondent, v. JOSEPH LOUIS MUNOZ, Defendant and Appellant. Docket No. 1631. Court of Appeals of California, Fifth District. August 9, 1974. *64 COUNSEL Alan M. Caplan, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., and Jack R. Winkler, Chief Ass...
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Opinion Plaintiffs U. S. Hertz, Inc. (herein “Hertz”) appeals from an order dissolving a temporary restraining order and denying its motion for a preliminary injunction. Such an order is appealable. (Code Civ. Proc., § 904.1, subd. (f).) Facts On July 1, 1971, plaintiff submitted to defendants an offer in writing entitled “Real Estate Purchase Contract and Receipt for Deposi...
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Opinion These two appeals are before the court on respondents’ motions to dismiss the appeals. Appellants were plaintiffs below in an *106 action for personal injuries against respondents and other defendants. After a four-day nonjury trial judgment was entered in favor of respondents on June 12, 1973. Notice of appeal from thé judgment was filed on June 20, 1973. This is the appeal involved ...
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Opinion This is a petition for writ of mandate to the Superior Court of Los Angeles County, seeking certain relief relating to petitioner’s appeal from a judgment entered July 27, 1973, which granted the petition of real parties in interest Richard and Harvine Peterson for the adoption of petitioner’s minor child, Douglas, and denied petitioner’s request under *111 Civil Code...
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*117 Opinion This is a petition for writ of mandate to compel the Superior Court of Los Angeles County to provide without cost to petitioners a clerk’s transcript and reporter’s transcript on appeal from a judgment of the .superior court. Petitioners Miriam Crespo and Rafael Gerena are the natural parents of two minor children, Rose Lynn Gerena and Angelica Gerena. Pursuant to Ci...
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41 Cal. App. 3d 129 (1974) 115 Cal. Rptr. 821 THE PEOPLE, Plaintiff and Respondent, v. FREDERICK CLAYTON MARSHALL, Defendant and Appellant. Docket No. 24163. Court of Appeals of California, Second District, Division One. August 14, 1974. *131 COUNSEL J. Anthony Kouba, under appointment by the Court of Appeal, and Arrigo & Kouba for Defendant and Appellant. Evelle J. Younger, Attorney General,...
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41 Cal. App. 3d 136 (1974) 115 Cal. Rptr. 758 THE PEOPLE, Plaintiff and Appellant, v. JOSEPH RONALD CINA, JR., Defendant and Respondent. THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; JOSEPH RONALD CINA, JR., Real Party in Interest. Docket Nos. 24812, 43854. Court of Appeals of California, Second District, Division Two. August 14, 1974. *137 COUNSEL Joseph P. Bus...
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41 Cal. App. 3d 146 (1974) 115 Cal. Rptr. 879 ANCORA-CITRONELLE CORPORATION, Plaintiff and Respondent, v. HAROLD GREEN et al., Defendants and Appellants. Docket No. 32224. Court of Appeals of California, First District, Division One. August 16, 1974. *147 COUNSEL Layman & Lempert and Arthur J. Lempert for Defendants and Appellants. Lillick, McHose, Wheat, Adams & Charles and H. Donald Har...
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Opinion This is an appeal from a judgment of the superior court which reviewed and reversed a decision of the Alameda County Assessment Appeals Board which in turn had denied the plaintiff taxpayer a reduction in its 1967 property tax assessment. 1 Plaintiff protested the assessment but paid the tax and filed suit to recover the taxes paid under protest pursuant to section 5103...
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Opinion Defendant appeals from the judgment upon a verdict finding him guilty of first degree robbery (Pen. Code, § 211). He makes several assignments of alleged prejudicial error which we find to be without merit. Accordingly, the judgment must be affirmed. We consider, first, defendant’s contention that a booking search conducted after he was placed under arrest was an unreasonable search. The ...
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41 Cal. App. 3d 196 (1974) 115 Cal. Rptr. 839 THE PEOPLE, Plaintiff and Respondent, v. JOE LEO ALLEN, Defendant and Appellant. Docket No. 11980. Court of Appeals of California, First District, Division Two. August 20, 1974. *198 COUNSEL Richard M. Sims III, under appointment by the Court of Appeal, Himelstein, Savinar & Sims, Himelstein & Savinar and Mark Himelstein for Defendant and Appe...
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41 Cal. App. 3d 206 (1974) 116 Cal. Rptr. 33 MABEL W. HINCKLEY, Individually and as Administratrix, etc., Plaintiff and Appellant, v. BECHTEL CORPORATION et al., Defendants and Respondents. Docket No. 31265. Court of Appeals of California, First District, Division Two. August 21, 1974. *209 COUNSEL Melbert B. Adams and Clayton O. Rost for Plaintiff and Appellant. Thelen, Marrin, Johnson & Bri...
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41 Cal.App.3d 217 (1974) 115 Cal. Rptr. 874 JOHN W. PETERSEN et al., Plaintiffs and Appellants, v. W.T. GRANT COMPANY et al., Defendants and Respondents. Docket No. 31606. Court of Appeals of California, First District, Division Two. August 21, 1974. *218 COUNSEL William G. Filice for Plaintiffs and Appellants. Barrett, Stearns, Collins & Gleason, Jack R. Stearns and Edward L. Lascher for Defenda...
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Opinion Several local unions of the Retail Clerks Union and of the Retail Store Employees Union appeal from a judgment which denied their petition to compel arbitration pursuant to collective bargaining agreements entered into by appellants and Purity Stores, Inc. (hereinafter “Purity”). An order to arbitrate was also sought in regard to Northern California Supermarkets, Inc. (hereinafter...
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41 Cal. App. 3d 234 (1974) 116 Cal. Rptr. 4 SOUTHERN CALIFORNIA FIRST NATIONAL BANK, Plaintiff and Appellant, v. HOWARD OLSEN et al., Defendants and Respondents. Docket No. 43004. Court of Appeals of California, Second District, Division Four. August 21, 1974. *236 COUNSEL Good, Potter & Bradish and William L. Kelley for Plaintiff and Appellant. Frederick J. Kling for Defendants and Responden...
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Opinion This is a motion to dismiss an appeal upon the ground that the appellant is a corporation whose powers were suspended on or before July 1, 1969, pursuant to Revenue and Taxation Code section 23301, by reason of its failure to pay franchise taxes. A certificate of the Secretary of State is attached to the notice of motion, constituting prima facie proof of the suspension. (Rev. & T...
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Opinion Plaintiff Paul McGirr sued defendant Gulf Oil and Ted Marks, a Gulf employee, alleging breach of an oral contract to lease a service station for five years. The jury returned a $30,000 verdict in favor of plaintiff. The trial court denied defendants’ motion for new trial, but granted their motion for judgment notwithstanding the verdict. 1 Plaintiff appeals; both defend...
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Opinion This is an appeal from the judgment following the sustaining of a demurrer without leave to amend. Appellant Continental Casualty Company filed its complaint on behalf of those who have paid to the state bail bond forfeitures in which a penalty assessment was included pursuant to Penal Code section 13521. Penal Code section 13521 provides inter alia for the levy of a penalty assessm...
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*265 Opinion A writ of review was issued upon the petition of University Casework Systems, Inc. to test the propriety of an order of respondent superior court reducing the amount of a surety bond posted by real party in interest, Jasper Construction, Inc., to obtain the release of funds payable to Jasper as the prime contractor on a public works project. * Having determined that there can b...
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41 Cal.App.3d 268 (1974) 115 Cal. Rptr. 854 GENARO M. ZAPATA et al., Plaintiffs and Appellants, v. MICHAEL WAYNE MEYERS, as Administrator, etc., Defendant and Respondent. Docket No. 42950. Court of Appeals of California, Second District, Division One. August 22, 1974. *269 COUNSEL Masry, David, Song & Cohen and Ronald M. Cohen for Plaintiffs and Appellants. Goldman, Goldman & Arnold, Sam Peck and...
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*275 Opinion Cheryl H., age 16, petitions through her guardian ad litem for a writ of prohibition to vacate a superior court order which restrains Cheryl from surrendering control of her to-be-bom child to an adoption agency. The controversy began when James R., age 17, filed a complaint through his guardian ad litem seeking to establish his paternity of, and for a declarati...
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*283 Opinion Petitioner seeks a writ, under the provisions of subdivision (i) of section 1538.5 of the Penal Code, commanding the trial court to grant his motion for the return of property and for the suppression of evidence seized under the authority of a purported search warrant which the magistrate admittedly forgot to sign but delivered to the levying officers after reviewing, approving a...
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*306 Opinion Israel Whittaker was convicted by a jury’s verdicts of three counts of first degree (armed) robbery. (Pen. Code, §§211, 211a.) As to each of the counts the jury found that in the commission of the offense he used a firearm. (See Pen. Code, § 12022.5.) Further, as to one of the counts, they found that he, “with the intent to inflict such injury, inflicted great bodily injury on th...
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*314 Opinion Defendant, following a plea of guilty, was convicted of second degree burglary. He was sentenced to the state prison for the term prescribed by law, execution of the sentence was suspended, and he was placed on probation for three years on condition he serve 12 months in the county jail. From the time of his arrest and until the date of sentencing defendant had remained in the co...
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Opinion The respondent board, reversing a referee’s award, found that petitioner, a cleaning lady, was an independent contractor at the time she sustained injuries while cleaning a rental apartment and denied an award except for litigation expenses. She seeks review. Petitioner did day work as a cleaning maid and charged $16 per day. She had worked as such in the home of the alleged' employer...
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Opinion Defendant (Dale Michael Piorkowski) was charged by information with violating Penal Code section 187 (murder), and a jury convicted him of involuntary manslaughter (Pen. Code, § 192, subd. 2). Motion for a new trial was denied, and criminal proceedings were adjourned for a diagnostic study pursuant to section 1203.03. Criminal pro *327 ceedings were reinstated, and de...
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*336 Opinion William Robinson, Jr., appeals from a summary judgment dismissing his complaint for false arrest. Adolph Pippus operated a limousine rental service. In June 1967, Pip-pus’ services were retained for three days by Harold Cunningham, who called himself “Smokey Robinson,” impersonating an entertainer who used that stage name. Because Cunningham did not pay Pippus f...
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*344 Opinion After trial by jury, defendant was convicted of two counts of unlawful sale of heroin (Health & Saf. Code, § 11352) and one count of unlawful possession of a controlled substance (heroin) for sale (Health & Saf. Code, § 11351). She appeals from the judgment of convictions. Defendant filed her opening brief on March 26, 1974. On that same date she also filed a pe...
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Opinion The People appeal from a judgment of the superior court granting a writ of prohibition barring respondent municipal court from proceeding with a misdemeanor prosecution of petitioner. For the reasons hereinafter set forth, we modify the judgment and affirm it as modified. Subdivision (b) of section 17 of the Penal Code sets forth, in separately numbered paragraphs, five situations in ...
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Opinion The case at bench involves an attempt by defendant Board of Behavioral Sciences to regulate certain persons who hold, or who may hereafter hold, licenses issued by it, under chapter 4, part 3, division 7 of the Business and Professions Code, 1 as marriage, family and *369 child counselors. We hold that, insofar as the persons involved in this case are concerned, the attempt herein i...
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41 Cal. App. 3d 387 (1974) 115 Cal. Rptr. 177 PATRICK JAMES TULLIS, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. 43614. Court of Appeals of California, Second District, Division Five. August 27, 1974. *389 COUNSEL Richard S. Buckley, Public Defender, Harold E. Shabo, Steven H. Allan and Martin Stein, Deputy Public Defenders, f...
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Opinion Petitioner and appellant, a property owner within the East Bay Municipal Utility District, has appealed from a judgment which denied him any relief on his petition for a writ of mandate, filed on behalf of himself and all property owners with the district, to secure a writ ordering the district, through its board of directors, to set water rates at levels which would eliminate the...
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Opinion Cross-complainant City of Los Angeles has appealed from that portion of a judgment which is in favor of the cross-defendant airlines. The controversy arose out of an action in inverse condemnation brought by the owners of three parcels of real property located in the vicinity of Los Angeles International Airport (hereinafter sometimes designated as LAX). Plaintiffs alleged th...
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Opinion County of Ventura appeals from a judgment in favor of Union Oil Company of California refunding to it $83,061.14 in property taxes it paid under protest (together with the appropriate interest) for the tax years 1970-1971 and 1971-1972 upon its mineral rights within the roughly 31,000-acre Rancho Ex Mission. The trial court found and concluded that the county assessor over-assesse...
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*441 Opinion Defendants, Fred Mendez Medina and Danny Wayne Townsend, were charged by information filed on June 28, 1972, with two counts of murder. (Pen. Code, § 187.) The information alleged that defendants, on or about April 8, 1972, with malice aforethought, murdered Dori Ann Haines (count I) and Cheryl Ann Monticello (count II). Both defendants pleaded not guilty. They were tried togethe...
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Opinion This case was treated at trial, and is largely argued here, as presenting the issue of individual liability of members of an unincorporated association. Some nine members of the Gethsemane Gospel Lighthouse Church had disagreements with the minister. They withdrew and associated themselves together as a “mission” or “little church” which held regular services in the home of one of...
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41 Cal.App.3d 475 (1974) 116 Cal. Rptr. 10 In re the Marriage of MARTA ANNA and REX JOHN CROOKSHANKS. MARTA ANNA CROOKSHANKS, Respondent, v. REX JOHN CROOKSHANKS, Appellant. Docket No. 43139. Court of Appeals of California, Second District, Division One. August 30, 1974. *477 COUNSEL E. Michael Kruse for Appellant. Downing & Martin and Charles Downing for Respondent. OPINION THOMPSON, J. In t...
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Opinion This appeal is taken from a declaratory judgment in which the superior court determined the respective obligations of two insurance companies by resolving what rights, liabilities, and responsibilities had been created by an insurance policy issued by appellant, Transit Casualty Company. Although there is no substantial disagreement regarding the basic facts of the present action, appel...
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Opinion Mattie E. Rowe, petitioner below (hereinafter petitioner), appeals from a judgment of the superior court denying her petition for writ of mandate to compel the California Unemployment Insurance Appeals Board (board) to set aside its decision denying unemployment compensation benefits and to declare her eligible therefor. Petitioner was employed from May 26, 1968, to March 8, 1971, by ...
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41 Cal. App. 3d 524 (1974) 116 Cal. Rptr. 122 STEPHANIE AGNONE, Plaintiff and Appellant, v. SIGURD HANSEN, as Director, etc., et al., Defendants and Respondents. Docket No. 14246. Court of Appeals of California, Third District. August 13, 1974. *525 COUNSEL Lawrence L. Curtice, David C. Moon and Katrina Weber for Plaintiff and Appellant. Evelle J. Younger, Attorney General, Elizabeth Palmer, Assi...
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Opinion The sole question we are called upon to decide on this appeal is whether an action brought under section 3342 of the Civil Code, the “dog bite statute,” is governed by the one-year statute of limitations of subdivision 3 of section 340 of the Code of Civil Procedure, or the three-year statute of limitations of subdivision 1 of section 338 of the Code of Civil Procedure. Secti...
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41 Cal.App.3d 532 (1974) 116 Cal. Rptr. 120 THE PEOPLE, Plaintiff and Respondent, v. MARK MICHAEL OTTOVICH, Defendant and Appellant. Docket No. 13209. Court of Appeals of California, First District, Division Four. September 3, 1974. *533 COUNSEL Jack Benoun for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, and W...
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41 Cal. App. 3d 536 (1974) LAWRENCE R. SPIRA et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; GILBERT PERSON, Real Party in Interest. Docket No. 44305. Court of Appeals of California, Second District, Division Two. September 3, 1974. *537 COUNSEL Scheinman & Bell and Terry Kinigstein for Petitioners. No appearance for Respondent. Meyer Berkowitz for Real Party in ...
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*560 Opinion This is an appeal by the People under the provisions of subdivision (a)(5) of section 1238 of the Penal Code from an order of the San Mateo County Superior Court reinstating respondent Rodney G. Rafter on probation after a hearing on a motion to revoke probation. The theory of this appeal is that the trial court committed prejudicial error in refusing to admit and consider releva...
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Opinion Appellant Zimmerman, a licensed pharmacist, and appellant Z. M. Pharmacy, Inc., a closed corporation doing business as Medical Service Pharmacy, appeal from a judgment in a mandamus proceeding which, in substance, affirms the decision of respondent, the Director of the Department of Health Care Services, suspending appellants’ participation in the Medi-Cal program for three months...
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Opinion In this appeal from a judgment pursuant to Code of Civil Procedure section 1094.5 setting aside an administrative determination approving the dismissal of respondents probationary teachers by appellant board of education, appellant contends: (1) respondents’ petition for writ of mandate was not filed within the statutory period; (2) the trial court erred in determining that the findings...
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Opinion This cause was originally decided by this court on June 13, 1974. On August 7, 1974, the California Supreme Court granted appellants’ petition for hearing and transferred the cause to this court for reconsideration in the light of Strumsky v. San Diego County Employees Retirement Assn., 11 Cal.3d 28 [112 Cal.Rptr. 805, 520 P.2d 29], as modified. As will hereinafter appear, this cour...
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Opinion Petitioner Elizabeth K. Peterson and respondent Roy Otto Peterson both appeal from those portions of an interlocutory judgment of dissolution of marriage concerning spousal support and community property. The only issue argued on appeal is the disposition of Roy’s pension rights as a federal civil service employee. Facts The parties were married in 1941, and since July 1942 Roy has ...
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41 Cal. App. 3d 658 (1974) 116 Cal. Rptr. 455 THE PEOPLE, Plaintiff and Respondent, v. GEORGE ANTHONY ROBINSON, Defendant and Appellant. Docket No. 11434. Court of Appeals of California, First District, Division One. September 10, 1974. *662 COUNSEL Warren E. George, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney General, Edward A. Hinz, Jr...
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Opinion Sandra R., the mother of two minor children, appeals from an order declaring them free from the custody and control of their parents and available for adoption. Her appeal is taken upon an agreed statement; therefore, we shall discuss only those facts which are pertinent to the issues raised on appeal. The trial court’s findings and conclusions of law reveal that the order which is the su...
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*715 Opinion Lee Anthony Crosier was charged in a two-count information with the crime of murder (Pen. Code, § 187) and assault with intent to commit murder (Pen. Code, § 217). It was also alleged that the defendant had suffered a prior felony conviction (Health & Saf. Code, § 11530). Dual pleas of not guilty and not guilty by reason of insanity were entered and the truth of the ...
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41 Cal. App. 3d 729 (1974) 116 Cal. Rptr. 390 In re the Marriage of BERTHA B. and WILLIAM B. MILLET. WILLIAM B. MILLET, Appellant, v. BERTHA B. MILLET, Respondent. Docket No. 42892. Court of Appeals of California, Second District, Division Five. September 12, 1974. *730 COUNSEL Raymond N. Baker for Appellant. Ogle & Gallo, Ogle, Gallo & Merzon and James B. Merzon for Respondent. OPINION KAUS, P.J...
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Opinion Appellant Western Title Guaranty Company, filed a complaint in the Superior Court of Stanislaus County to recover taxes paid under protest. The court denied appellant relief and this appeal followed. Appellant is a title company engaged in business in the City of Modesto in the County of Stanislaus. The company gives opinions concerning the title to a particular parcel of rea...
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41 Cal. App. 3d 744 (1974) 116 Cal. Rptr. 283 THE PEOPLE, Plaintiff and Respondent, v. MICHAEL WAYNE OBIE, Defendant and Appellant. Docket No. 11955. Court of Appeals of California, First District, Division Two. September 13, 1974. *748 COUNSEL Edmund A. Duggan, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assis...
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Opinion These three petitions for mandamus and/or prohibition have been consolidated for argument and decision because they have a common factual base and the solution to each, aside from some minor peripheral considerations, depends upon the resolution of one central question: whether, under the facts, Herrniriió Felix Felix (hereinafter “Felix”) has made an election of remedies to proce...
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Opinion Appellant appeals from order of the Marin County Superior Court granting respondent’s application for writ of habeas corpus and ordering the Adult Authority to strike from its records respondent’s sentence *769 for violation of section 209 of the Penal Code (kidnaping for the purpose of robbery). Question Presented Is the trial court’s determination that respondent’s conduct fell ...
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Opinion The Unemployment Insurance Appeals Board appeals from a judgment mandating the payment of unemployment insurance benefits to respondent Ruth Delgado. The question on appeal is whether the evidence sustained the trial court’s determination that respondent had not been discharged for misconduct and was therefore eligible to receive benefits. Respondent was employed as a grocery...
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Opinion Plaintiff Connie P. Dugar, an assignee, initiated this action against defendant Happy Tiger Records, alleging both common counts and fraudulent misrepresentation. Upon plaintiff’s motion for summary judgment, the trial court rendered judgment in plaintiff’s favor. Defendant appeals. In her complaint, plaintiff alleged that defendant was indebted to her in the sum of $21,762.0...
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41 Cal. App. 3d 821 (1974) 116 Cal. Rptr. 493 THE PEOPLE, Plaintiff and Appellant, v. DAVID LEE ALLEN, Defendant and Respondent. Docket No. 24507. Court of Appeals of California, Second District, Division Five. September 17, 1974. *822 COUNSEL Joseph P. Busch, District Attorney, Harry B. Sondheim and Eugene D. Tavris, Deputy District Attorneys, for Plaintiff and Appellant. Hollopeter & Terry ...
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Opinion Bernard Gilford appeals from a judgment in favor of his employer, the State of California, after the court sustained a demurrer to his complaint. Appellant alleges that he was employed by the Department of Motor Vehicles as a driver’s license examiner. While appellant was administering *831 a driving test, he was injured in an accident allegedly caused by neglige...
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Opinion The People of the State of California appeal, and in a related proceeding seek a writ of prohibition, to test several actions of the superior court in regard to a proposed seaside development in Sonoma County. The litigation commenced with Transcentury Properties, Inc. (owner and developer of the “Bodega Harbour” development on Bodega Bay), the Bodega Harbour Homeowners’ Associati...
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I concur in the result, but for a different reason than stated by the majority. The record does not support the acting medical director’s conclusion that defendant was sane enough to stand trial. The summary of the staff finding (quoted in the majority opinion) said, “he [defendant] will not be able to offer much or cooperate meaningfully with counsel in his own defense.” One test of “sanity” that...
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Opinion This case arises out of a divorce action 1 filed on October 21, 1969, and a dispute between Winnie Ann Severdia and John C. Alaimo, the attorney who represented her in said action. Pursuant to a stipulation of all parties involved in the action a trust fund consisting of the proceeds of the sale of the residence of the spouses was distributed to the parties. A check for...
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Opinion Petitioners' tentative subdivision map was disapproved by the Riverside County Board of Supervisors. Petitioners sought a writ of mandate to compel approval and certification of the map. The writ was denied, and petitioners appeal. The sole contention on appeal is that the map was automatically deemed approved by the failure of the Riverside Board of Supervisors to act within the ...
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Opinion Petitioner Randall G. Weissbuch was licensed to practipe medicine in California in 1968. On January 15, 1971, petitioner pleaded guilty to possession of marijuana in violation of Health and Safety Code section 11530 (now Health & Saf. Code, § 11357). He was given a suspended misdemeanor sentence and was placed on probation. In July of 1971 disciplinary proceedings were commenced before th...
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Opinion Petitioner (applicant) seeks review and annulment of a decision and order of the Workmen’s Compensation Appeals Board vacating a referee’s finding and award that injuries sustained by applicant *939 in an automobile accident were incurred in the course and scope of his employment. The material facts were as follows; Applicant, a 21 year old University of Cal...
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41 Cal.App.3d 944 (1974) 116 Cal. Rptr. 592 THE PEOPLE, Plaintiff and Respondent, v. CHARLES THOMAS MALLOY, Defendant and Appellant. Docket No. 5871. Court of Appeals of California, Fourth District, Division Two. September 20, 1974. *947 COUNSEL Charles Thomas Malloy, in pro. per., and K. Dale Bush, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney...
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Opinion Beneficiaries of deceased insured appeal from a judgment in favor of the insurer after the trial court held that as to the accidental death benefit, the intoxication and felony exclusions of the policy were valid. The main question on appeal is whether the insurer was entitled to deny coverage on the basis of these two exclusions that had never been communicated to the decedent. W...
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41 Cal.App.3d 997 (1974) 116 Cal. Rptr. 503 In re LAURA GARCIA on Habeas Corpus. Docket No. 12673. Court of Appeals of California, First District, Division Four. September 24, 1974. *998 COUNSEL William R. Higham, Public Defender, Frances C. Schreiberg and Charles P. Kuntz, Deputy Public Defenders, and Jeff Gorelick for Petitioner. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assis...
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Opinion Petitioner Louise Long was denied a writ of mandate by the trial court and appeals from the ensuing judgment in favor of respondent California State Personnel Board. She is an ordained Methodist minister and was employed as a Protestant chaplain at the Modesto State Hospital until it was closed in July 1970. Thereafter she worked as a chaplain at DeWitt State Hospital and later, a...
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Opinion This case has been transferred to this court pursuant to rules 62 and 63, California Rules of Court, following certification by the appellate department of the superior court in Alameda County that review of its decision, which affirmed the action of a municipal court in dismissing a felony criminal complaint, was necessary to secure uniformity of decision and to settle an important questi...
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Opinion This is a multiple-count action arising out of a series of home repair and remodeling agreements entered into between Archie S. Roam, plaintiff, and R. M. Koop, Countywide Termite Control, and Countywide Construction Company, defendants. The original complaint stated four causes of action based on unlawful misappropriation of funds, fraud, breach of contract and money had and rece...
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41 Cal.App.3d 1046 (1974) 116 Cal. Rptr. 624 In re CHARLES T. MILLER on Habeas Corpus. Docket No. 12851. Court of Appeals of California, First District, Division One. September 26, 1974. *1047 COUNSEL Benjamin R. Winslow, under appointment by the Court of Appeal, for Petitioner. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant At...
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*4 Opinion At the age of 18, on July 1, 1971, defendant, a minor under California laws then in force, was apprehended at Lake Tahoe. He was in his car with another youth and two girls. He was in possession of a plastic baggie containing six grams of marijuana. He was charged with a misdemeanor under the option granted to district attorneys in Penal Code section 17, subdivision (b...
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Opinion Warren Wells and Charles Bursey, with several co-defendants, were indicted by the Grand Jury of Alameda County in April 1968 on two counts of attempted murder (Pen. Code, § 187) and two counts of assault with a deadly weapon upon a police officer (Pen. Code, § 245, subd. (b)). A jury, found Bursey guilty of all four counts. In a separate trial Wells was found guilty of the two assault coun...
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Opinion Maritime personal injury case. Plaintiff Garland Bell brought an action based on theories of negligence under the Jones Act (46 U.S.C. § 688; 45 U.S.C. § 51) and unseaworthiness under general maritime law, against defendant Seatrain Lines, Incorporated. The trial *19court directed a verdict in favor of defendant on the Jones Act count;1 the jury brought in a verdict in favor of defendant ...
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*33 Opinion Respondent Elmer Dell Timmons (Timmons) filed a second amended complaint against appellant Assembly of God Church of Van Nuys, No. 212, a non-profit corporation (hereafter Church) and others, for damages for personal injuries proximately caused by appellant’s negligence. After jury trial a verdict was rendered in favor of respondent against appellant Church for $65,00...
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Opinion Defendant Cottrell John Henry Moore (Moore) was charged in count I with the crime of grand theft in violation of Penal Code section 487, subdivision 1 on November 13, 1972, in that he feloniously took property of a value in excess of $200 from Rita M. Zimmer. Count II charged the identical offense on the same date the victim being De Loss Delbert Eaton. He was also charged with a prior ...
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Opinion Appellant, E. D. Law, was convicted by a jury of one count of making a false bomb report to a police officer in violation of Penal Code section 148.1, subdivision (a), a felony (count one), and of two counts of making telephone calls with intent to annoy in violation of Penal Code section 653m, subdivision (a), misdemeanors (counts three and four). The conviction of the false...
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Opinion In July of 1968, in connection with the annulment of their marriage, Marlon and Movita Brando executed a written agreement purporting to settle certain financial matters and child custody rights. As a part of that agreement Marlon undertook to make monthly payments of $600 for the support of the minor children and monthly payments of $1,400 for the support of Movita. Only the latter p...
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Opinion Cross-complainant, Argo Construction Co., Inc. (Argo), appeals from a judgment (Code Civ. Proc., § 58Id) dismissing, pursuant to Code of Civil Procedure section 581, subdivision 3, Argo’s cross-action against cross-defendants, City of Inglewood-Los Angeles County Civic Center Authority (Authority), City of Inglewood (City), County of Los Angeles (County), and Swinerton & Walberg C...
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*116 Opinion Appellants were convicted in separate trials of first degree murder. Appellant Gregory Ulas Powell was sentenced to death and appellant Jimmy Lee Smith was sentenced to imprisonment for life. Each conviction has come to this court by way of a separate appeal. However, prior to the trial on the merits appellants were jointly prosecuted and almost all of the pretrial p...
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*177Opinion The defendant, George Dewberry, was charged with burglary (Pen. Code, § 459.) Dewberry’s motion to suppress the in-court identification of Gordon Stevenson, a witness, was granted on the basis that certain photographs shown to Stevenson by the policé were unavailable for trial, and the cause was dismissed pursuant to section 1385 of the Penal Code. The People now appeal pursuant to Pen...
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40 Cal.App.3d 191 (1974) 114 Cal. Rptr. 897 O'DELL WEBB et al., Plaintiffs and Respondents, v. DAVID B. SWOAP, as Director, etc., Defendant and Appellant. DAVID B. SWOAP, as Director, etc., Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; O'DELL WEBB et al., Real Parties in Interest. Docket Nos. 14182, 14333. Court of Appeals of California, Third District. June 26, 1974. *192 C...
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Opinion This is a wrongful death action by the heirs of a victim of a stabbing which occurred at the Golden Gloves Tavern in Yucaipa. The original complaint named as defendants the owners of the Golden Gloves and Does I to V. After the one-year statute of limitations had run, defendants Theodore and Phyllis Noyd, owners of the Copper Door Tavern, were substituted for Does II and III. The ...
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*230 Opinion In this appeal from a judgment of conviction of second degree burglary after a court trial, appellant contends that the trial court erred in receiving evidence of his confession arguing that it was obtained in violation of the principles enunciated in People v. Fioritto, 68 Cal.2d 714, 718-719 [68 Cal.Rptr. 817, 441 P.2d 625], and was coerced. We conclude that the record supp...
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Opinion Five 1 individual plaintiffs filed a complaint on May 1, 1969, suing on behalf of themselves and all other members of a class of persons employed in the motion picture and television industry described therein as “employee-producers,” joining as defendants the Producers Guild of America, Inc. (PGA), its then officers, the Association of Motion Picture and *236 ...
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Opinion In this appeal from “post judgment orders” of the trial court, we consider the power of that court to award counsel fees to attorneys discharged by a guardian ad litem after they had negotiated a settlement, the propriety of trial court action allocating among a surviving husband and children an agreed amount of damages for the wrongful death of a wife and mother, and the power of the t...
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Opinion On this writ of review we consider the action of the Superior Court of Los Angeles County (Respondent) in adjudicating that petitioner, counsel for plaintiffs in a personal injury action, was guilty of five acts of contempt of court. Viewing the matter in light of In re Buckley, 10 Cal.3d 237 [110 Cal.Rptr. 121, 514 P.2d 1201], as directed by our Supreme Court, we conclude that the ju...
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40 Cal.App.3d 317 (1974) 114 Cal. Rptr. 874 THE PEOPLE, Plaintiff and Respondent, v. TERRY LEE RANSON, Defendant and Appellant. Docket No. 24778. Court of Appeals of California, Second District, Division Two. June 28, 1974. *318 COUNSEL William E. Brugman for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant ...
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*325 Opinion Plaintiff, a former motion picture actress known as Mary Miles Minter, brought this action to recover damages for invasion of her privacy by television broadcasts of a program relating in part to the involvement of women in crimes of murder. The defendants are the broadcasting company, the individual who narrated the program, and the commercial advertisers who sponsored the telec...
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Opinion Plaintiff, David Barber (Barber) filed an action against Floyd J. LeRoy and Violet M. LeRoy (LeRoy) for a deficiency judgment on a promissory note originally in the principal sum of $18,500 which was secured by a security agreement on certain chattels (fixtures used in a cafe business known as the “Hidden Village”) and which security agreement had been foreclosed and the chattels ...
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Opinion Defendant Raymond M. Ramirez was convicted, after a jury trial, of two counts of selling heroin. (Former Health & Saf. Code, § 11501.) He was sentenced to concurrent prison terms. Facts The only defense was entrapment. The facts are stated accordingly: Claire Cain, defendant’s friend, was a heroin user, who bought “from the man next up the ladder . . . and tries to ...
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Opinion The San Bernardino Superior Court granted petitioner a writ of habeas corpus. The People appeal. (Pen. Code, § 1506.) On January 2, 1970, petitioner was convicted of robbery and sentenced to state prison. On December 8, 1972, petitioner was released on parole. Eleven days later, on December 19, 1972, petitioner was arrested by the Los Angeles police and charged with the violation of P...
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Opinion The single issue is whether petitioner’s injury arose out of and occurred in the course of his employment. The referee found that it did and awarded medical and continuing temporary disability benefits; the appeals board held that it did not and vacated the award. His subsequent petition for reconsideration was denied by the board. On his petition for review we' issued a writ in d...
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40 Cal.App.3d 372 (1974) 114 Cal. Rptr. 856 THE PEOPLE, Plaintiff and Appellant, v. NORMAN ALLEN TOPP, Defendant and Respondent. Docket No. 24527. Court of Appeals of California, Second District, Division Two. June 20, 1974. *374 COUNSEL Joseph P. Busch, District Attorney, Donald J. Kaplan and Jay J. Becker, Deputy District Attorneys, for Plaintiff and Appellant. Frederick M. Zax for Defendant an...
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Opinion This appeal from a summary judgment dismissing plaintiff’s complaint is concerned with a contest between the mother, plaintiff, and the wife, defendant, of a deceased employee of the State of California for death benefits. John A. Ruster, decedent, a bank examiner working with the Department of Savings and Loan of the State of California, was killed in an automobile accident on Novemb...
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Opinion At pertinent times prior to the controversy involved herein, respondents Francis Brown and Mary Rose Brown were the named insureds in an automobile liability insurance policy issued them by appellant State Farm Mutual Automobile Insurance Company. The vehicle, identified in the policy as the “described automobile,” was a 1965 Chevrolet owned by the Browns. On January 11, 1971,' while re...
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Opinion Petitioner Pearce was convicted as a person who having previously been convicted of a felony, was found to have been in possession of a concealable firearm. (Pen. Code, § 12021.) He was sentenced to state prison for that offense, May 8, 1964. He escaped from prison on August 23, 1965 (in violation of Pen. Code, § 4530, subd. (b)) and was apprehended February 19, 1966. He was thereafter ...
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Opinion The Subsequent Injuries Fund seeks review and annulment of an award of the Workmen’s Compensation Appeals Board which found real party in interest (Wilbur D. Royster, hereinafter “applicant”) to be 100 percent permanently disabled, attributing 69V2 percent to an industrial injury during the period September 1, 1967 through March 30, 1971 and 301A percent to a preexisting injury to the...
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40 Cal.App.3d 412 (1974) 115 Cal. Rptr. 210 WILBUR D. ROYSTER, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, CONSOLIDATED FIRE PROTECTION DISTRICT, COUNTY OF LOS ANGELES et al., Respondents. Docket No. 43318. Court of Appeals of California, Second District, Division Five. July 2, 1974. *413 COUNSEL Louis R. Stein for Petitioner. Charles Lawrence Swezey, Sheldon C. St. Clair, John H. Larson...
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*434 Opinion Appellant Santa Clara-San Benito Chapter of the National Electrical Contractors’ Association, Inc. sought a judgment construing and enforcing a collective bargaining agreement with Local Union No. 332 of the International Brotherhood of Electrical Workers. The local union responded with a request for confirmation of an arbitration award. The court confirmed the arbit...
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Opinion Defendants and appellants Larry Singleton and Vonda Singleton appeal from the orders of the Alameda County Superior Court hereinafter described. Question Presented A prior judicial determination that plaintiff was liable to Colwell Company was not required before the court could order settlement with it from receivership assets. *441 Record Thi...
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Opinion Petitioner (below) Georgie A. Coulter has been employed as a teacher by the Temple City Unified School District since September 1959. In April 1971, after she had acquired tenure, her husband was elected to serve as a member of respondent (below) Board of Education of said district. Thereafter, she received and accepted a notice of employment from the district for the 1971-1972 school yea...
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40 Cal.App.3d 456 (1974) 114 Cal. Rptr. 47 INDUSCO MANAGEMENT CORPORATION, Plaintiff and Appellant, v. GEORGE D. ROBERTSON III et al., Defendants and Respondents. Docket No. 41987. Court of Appeals of California, Second District, Division Three. February 26, 1974. *457 COUNSEL Martin S. Stolzoff and Albert M. Goldberg for Plaintiff and Appellant. Newlin, Tackabury & Johnston and Stuart W. Lapp fo...
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Opinion Defendant appeals from a judgment in inverse condemnation in favor of numerous individual plaintiffs following a trial by the court. The issue in this appeal is whether the City of Los Angeles (City), as owner and operator of Los Angeles International Airport (LAX), is liable in inverse condemnation to owners of residential property in the neighborhood of the airport which is dama...
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40 Cal.App.3d 494 (1974) 114 Cal. Rptr. 77 NATIONWIDE INVESTMENT CORPORATION, Plaintiff, Cross-defendant and Appellant, v. CALIFORNIA FUNERAL SERVICE, INC., Defendant, Cross-complainant and Respondent. Docket No. 41979. Court of Appeals of California, Second District, Division Five. May 21, 1974. *496 COUNSEL Frazier, Dame & Doherty for Plaintiff, Cross-defendant and Appellant. Heily, Blase, Elli...
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*508Opinion Mary Frances Audisio, plaintiff, petitioner, cross-defendant, and appellant (hereinafter “wife"), and Anthony Audisio, defendant, cross-complainant, and respondent (hereinafter “husband”), were married on June 14, 1969. On November 14, 1969, wife filed a complaint for annulment based on alleged fraud of husband. On December 9, 1969, husband filed an answer denying fraud and cross-compl...
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Opinion Defendant, a land developer, appeals from an order imposing a preliminary injunction requested by plaintiff, an environmental organization, restraining defendant from proceeding with a development project on its land, which is located in the coastal zone, because defendant had not obtained a permit to develop such, as allegedly required by the Coastal Zone Conservation Act (Pub. R...
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Opinion In an indictment defendant Leary was accused of violating section 4530, subdivision (b), of the Penal Code in that on September 12, 1970, he unlawfully escaped from a state prison (California Men’s Colony) in the County of San Luis Obispo. Prior to entering his plea, he made a motion “to dismiss and set aside custody,” on the ground that the trial court did not have jurisdiction to try ...
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Opinion Appellants brought this action in the court below against Western Title Insurance Company and Madera County Title Company to recover damages caused by an alleged defect in the title to the land they purchased in 1964 from Johnny and Mary Dell Jones; their complaint, in *540 six causes of action, was based on breach of contract and negligence. After jury tri...
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Opinion — In this proceeding petitioner and appellant Valenzuela sought a peremptory writ of mandate pursuant to section 1094.5 of the Code of Civil Procedure to compel respondent Board of Civil Service Commissioners (hereinafter designated as “the board”) to vacate its decision that petitioner was not coerced to resign, and did not resign under duress, his position as an employee of the ...
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Opinion David B. Swoap, Director of Benefit Payments, sited in one of these two consolidated appeals under the name of his immediate predecessor, Robert B. Carleson, and in the other as director of the predecessor Department, Social Welfare, 1 appeals from superior court *569 judgments directing the issuance of peremptory writs of mandate that would command him to ...
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Opinion A developer, not joined in this action, acquired a size-able tract of land. By substantial cutting and filling performed in 1963 *575 and 1964, it was prepared for subdivision into more than 200 lots, a number of which developer sold, although it does not appear whether homes were built thereon before or after sale. In March 1967, plaintiffs bought a home built on one...
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Opinion Appellant was charged with murder (Pen. Code, § 187) on May 18, 1971. The criminal proceedings were suspended on June 17, 1971, on the court’s own motion and proceedings under Penal Code section 1368 were instituted for a determination of appellant’s sanity. On November 1, 1971, the court found appellant to be insane and committed him to the Atascadero State Hospital. On April 18, 1973,...
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40 Cal.App.3d 582 (1974) 115 Cal. Rptr. 304 THE PEOPLE, Plaintiff and Respondent, v. WILLIAM DALE EVANS, Defendant and Appellant. Docket No. 7244. Court of Appeals of California, Third District. July 10, 1974. *583 COUNSEL Harold C. Wright, under appointment by the Court of Appeal, Brown, Wright & Kucera and Jeffrey A. Kaufman for Defendant and Appellant. Evelle J. Younger, Attorney General, ...
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40 Cal.App.3d 599 (1974) 115 Cal. Rptr. 195 GERRY ANN TILGHMAN, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; WALTER W. TILGHMAN, Real Party in Interest. Docket No. 43575. Court of Appeals of California, Second District, Division Five. July 11, 1974. *601 COUNSEL Dryden, Harrington & Swartz, Miles J. Rubin and Peter Abrahams for Petitioner. No appearance for Respondent....
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Opinion Evereardo Castro (defendant) was sentenced to prison in Santa Barbara County on January 5, 1972. He petitions us for “an out-of-time and/ or belated appeal.” His application is accompanied by a declaration to the effect that at the time he was sentenced the court did not advise him of his right to appeal as mandated by California Rules of Court, rule 250, which had been in effect for ab...
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40 Cal.App.3d 623 (1974) 115 Cal. Rptr. 317 LAURENCE E. MATCHETT, Petitioner, v. THE SUPERIOR COURT OF YUBA COUNTY, Respondent; MALCOLM L. PETWAY et al., Real Parties in Interest. Docket No. 14362. Court of Appeals of California, Third District. July 11, 1974. *625 COUNSEL Freitas, Allen, McCarthy, Bettini & MacMahon and Richard Bettini for Petitioner. No appearance for Respondent. *626 Lawrence ...
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Opinion Appellant, mother of the minors involved in the instant juvenile court proceeding, appeals from the jurisdictional and dis-positional orders of said court pursuant to which orders and the provisions of subdivision (a) of section 600 of the Welfare and Institutions Code,1 said minors were adjudged to be dependent children of the court. She makes four contentions: (1) That subdivision (a) of...
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Opinion Contra Costa County Social Service Department, respondent herein, petitioned below for an order (Civ. Code, § 232 et seq.) declaring a four-year-old minor free of the custody and control of her father, appellant here. Following the death of his wife, appellant had requested that their child be placed in a foster home. She was made a ward of the juvenile court as a dependent child, and plac...
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Opinion The People appeal from an order dismissing 66 counts of an information which charged respondents with bookmaking (Pen. Code, § 337a). The order was made on the court’s own motion after wiretap evidence upon which the prosecution was founded had been suppressed on a defense motion made under Penal Code section 1538.5. The disputed evidence had been obtained by federal officers...
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Opinion Defendant was charged with assault on a police officer by means of force likely to produce great bodily injury, in violation of subdivision (b) of section 245 of the Penal Code. After a trial by jury, he was found guilty of assault by means of force likely to produce great bodily injury, in violation of subdivision (a) of section 245, a lesser and included offense. Defendant was sentenc...
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Opinion Petitioners are registered voters and residents of an unincorporated area in Marin County known as Country Club Estates. They petition, as a class, to hold that sections 35121 and 35121.1 of the Government Code 1 are unconstitutional and to compel respondent City of San Rafael to resume proceedings for the annexation of said unincorporated area to the city. *658 The facts are not ...
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Opinion This is an appeal from a judgment of conviction, after trial by jury, of violation of Health and Safety Code section 11351 (possession of heroin for sale); Health and Safety Code section 11350 (possession of cocaine); Health and Safety Code section 11910 (possession of Secobarbital); and Health and Safety Code section 11530 (possession of marijuana). These counts had been severed from c...
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Opinion This is an appeal by defendant Labor Commissioner of the State of California, 1 and by defendant Division of Labor Law Enforcement, Department of Industrial Relations of the State of California, from the granting of a motion for summary judgment declaring section 2805 of the Labor Code of the' State of California unconstitutional, and permanently enjoining the Labor Com...
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Opinion Louis F. Domenghini, as trustee, under the will of Angelo Domenghini, deceased (Taxpayer) filed a “Complaint for Recovery of Taxes paid under Protest Pursuant to Revenue and Taxation Code Section 5138” against the County of San Luis Obispo (County) to recover $2,690.91 which Taxpayer paid as the result of “escaped assessment” for each of the taxable years 1966-1970. Taxpayer alleg...
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Opinion Plaintiff appeals from the judgment of dismissal with prejudice after defendants’ demurrers to the second amended complaint were sustained without leave to amend on the ground that the second amended complaint did not state facts sufficient to constitute a cause of action. Plaintiff, a non-profit corporation representing doctors of chiropractic in the State of California, fil...
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40 Cal.App.3d 709 (1974) 115 Cal. Rptr. 423 ALFREDA KIPP, Plaintiff and Appellant, v. ROBERT C. COZENS, as Director, etc., et al., Defendants and Respondents. Docket No. 32492. Court of Appeals of California, First District, Division Three. July 18, 1974. *711 COUNSEL Cecil L. McGriff and Eugene T. Moriguchi for Plaintiff and Appellant. Evelle J. Younger, Attorney General, Victor D. Sonenberg, De...
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Opinion Nature of the case Petitioners below are a class consisting of the sworn members of the Los Angeles Police and Fire departments. By consolidated petitions for writs of mandate * 1 they sought to compel the City of Los Angeles and its officials to pay to them salary increases for the 1971-1972 fiscal year of 7.837 percent above the wages being paid on June 30, 1971. Specificall...
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40 Cal.App.3d 733 (1974) 115 Cal. Rptr. 479 EDWARD SILVA, Petitioner, v. THE MUNICIPAL COURT FOR THE OAKLAND-PIEDMONT JUDICIAL DISTRICT OF ALAMEDA COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. 34674. Court of Appeals of California, First District, Division One. July 19, 1974. *735 COUNSEL Hodge & Zweig, Joseph L. Matthews, Richard A. Hodge, Stokes, Clayton & McKenzie,...
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40 Cal. App. 3d 743 (1974) 115 Cal. Rptr. 485 CLEMENT F. VANONI et al., Plaintiffs and Appellants, v. COUNTY OF SONOMA et al., Defendants and Respondents. Docket No. 33623. Court of Appeals of California, First District, Division Four. July 19, 1974. *745 COUNSEL Brobeck, Phleger & Harrison, Gregory A. Harrison, Bailey Lang and Eric W. Jorgensen for Plaintiffs and Appellants. James P. Botz, C...
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*754 Opinion This is an appeal from an action originally filed in the small claims court. The Case Thomas P. Burley (hereinafter plaintiff) filed a small claims action against one Dr. Howard M. Stein (hereinafter defendant), a dentist, in the Los Cerritos Judicial District in 1973. The plaintiff was a patient of the defendant and sued for $499 in damages allegedly resul...
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Opinion A defendant in the instant case, Mr. Beck, was a plaintiff in an inverse condemnation action entitled “Greater Westchester Homeowners Ass’n., et al. v. City of Los Angeles,” LASC No. 931989 (hereinafter referred to as the GWHA case, filed on May 9, 1968). That action was brought to have the court declare that property of plaintiffs in GWHA was taken by the City of Los Angeles by reason of...
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Opinion Statement of the Case This appeal arises from a judgment of the superior court denying a writ of mandate brought to review administrative proceedings which resulted in respondent, Governing Board of the Oxnard School District (Board), electing not to reemploy appellant, Gladys Young (Young), a probationary school teacher for a succeeding school year. An administrative hearing...
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Opinion Plaintiffs Herbert A. Cook and Joan D. Cook (hereafter collectively Cooks) entered into a written contract with defendant King Manor and Convalescent Hospital, a California corporation (King Manor) to purchase from King Manor a fee title interest, and a leasehold interest in certain real property and a convalescent hospital constructed thereon (hereafter Hospital) at Santa Ana, Ca...
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Opinion Defendants Perez and Valverde were tried jointly by jury on charges of burglary (Pen. Code, § 459), count I, and receiving stolen property (Pen. Code, § 496), count II. On a defense motion at the close of the People’s case, Perez was acquitted of the burglary charge by the court for insufficient evidence. The jury found defendant Perez guilty of receiving stolen property and found defen...
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Opinion In this appeal from a judgment of dismissal after a demurrer was sustained to appellants’ complaint without leave to amend, we consider the issue of state court subject matter jurisdiction to enforce the rights of a union member against his union created by a contract negotiated by the union on his behalf with an employer and created by a union’s “duty of fair representation.” We ...
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40 Cal. App. 3d 819 (1974) 115 Cal. Rptr. 685 MARJORIE B. GREEN et al., Plaintiffs and Respondents, v. CITY OF LOS ANGELES et al., Defendants, Cross-complainants and Appellants; LOUIS DREYFUS & COMPANY, LTD., Defendant, Cross-complainant and Appellant; LINK-BELT DIVISION OF FMC CORPORATION, Defendant, Cross-defendant and Appellant. Docket No. 41113. Court of Appeals of California, Second Dist...
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Opinion Plaintiff (Helen J. Deaile) brought suit against defendant (General Telephone Company) for defamation, intentional infliction of emotional distress, and wrongful discharge from employment. Plaintiff appeals from a judgment entered by the trial court which ordered that plaintiff take nothing by her complaint and that defendant be awarded costs. Plaintiff began working for defe...
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Opinion By information, defendant and codefendant (not a party to this appeal) were charged in count I with offering to sell'and having sold a restricted dangerous drug (sodium secobarbital), in violation of Health and Safety Code section 11912 (now § 11379), and in count II, with unlawful possession of marijuana, in violation of Health and Safety Code section 11530 (now § 11357). The jury foun...
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Opinion Defendant was convicted of felony violation of section 529 of the Penal Code 1 (false personation) by plea of guilty entered January 8, 1971. On January 26, 1971, the imposition of judgment and sentence was suspended for a period of three years during which period defendant was placed on probation subject to- the condition among others that he not violate any laws, state, federal or l...
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Opinion Petitioner pleaded guilty to a misdemeanor in the municipal court. He filed an application in the appellate department of the superior court for relief from default for not filing a notice of appeal within the time prescribed by rule 182(a) of the California Rules of Court (hereinafter “the Rules of Court”). In this habeas corpus proceeding we issued an order to show cause why petitione...
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40 Cal.App.3d 897 (1974) 115 Cal. Rptr. 464 VENTURA COUNTY HUMANE SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN AND ANIMALS, INC., Plaintiff and Appellant, v. WILLIAM L. HOLLOWAY et al., Defendants and Respondents. Docket No. 31873. Court of Appeals of California, First District, Division Two. July 23, 1974. *899 COUNSEL Thomas McGinn Smith, James P. Sullivan, Jr., and Ropers, Majeski, Kohn, ...
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40 Cal.App.3d 908 (1974) 115 Cal. Rptr. 566 BARNEY BERMAN, Plaintiff and Appellant, v. AETNA CASUALTY AND SURETY COMPANY et al., Defendants and Respondents. Docket No. 42090. Court of Appeals of California, Second District, Division Two. July 23, 1974. *910 COUNSEL LaFollette, Johnson, Horgan & Robinson, Jon A. Shoengerger, Mark P. Robinson and Robert A. Brunette for Plaintiff and Appellant. Burt...
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Opinion Appellant was convicted of forgery (Pen. Code, § 470) following trial by jury. He appeals from the judgment, contending “Appellant was denied his constitutional right to a speedy trial.” *915 The charge arises out of alleged forgery of two endorsements to a Los Angeles County Welfare check and the uttering of the instrument as genuine. Appellant raises no issue as to the facts. An...
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Opinion Manuchehr Rabie (hereafter Manuchehr) appeals from a judgment declaring his marriage to Judith Ellen Turner Rabie (hereafter Judith) to be a nullity. (Civ. Code, § 4425, subd. (d).) 1 The appeal lies. (Code Civ. Proc., § 904.1, subd. (a).) Facts 2 On February 12, 1970, Manuchehr, an Iranian citizen, met and pro- • posed that day to one Delia Lopez. A friend of Manuchehr asked Ms...
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Opinion Robert D. Carrow, lawyer, was found guilty of contempt of court committed during the trial in which he represented Ruchel Magee. Two incidents of contempt were charged. On each petitioner was fined $500 and sentenced to five days in the county jail, the sentences to run consecutively. He seeks annulment by petition for habeas corpus. The Supreme Court has issued an order to show cause w...
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Opinion The People appeal, pursuant to paragraph (7) of subdivision (a) of section 1238 of the Penal Code, from an order of dismissal made under section 1385 of the Penal Code after defendant’s motion under section 1538.5 of that code to suppress certain evidence had been granted. The sole issue on this appeal is the correctness of the 1538.5 order. For the reasons hereinafter set forth, we con...
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*943 Opinion Defendant who was admitted to probation for a period of three years following his conviction by plea of guilty of possession of cocaine in violation of section 11500 (now § 11350) of the Health and Safety Code, has appealed from that order. 1 He seeks review of an order of the trial court which denied his motion to suppress evidence (Pen. Code, § 1538.5, s...
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*964 Opinion Appellants Richard Berkeley and Myra Wolch appeal from an order denying their petition for writ of mandate and dismissing their complaint for declaratory relief. Petitioners Richard Berkeley and Myra Wolch were recipients of general assistance in Alameda County. During the months of February through May of 1972, petitioners Berkeley and Wolch shared a house in B...
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Opinion Plaintiffs appeal from a judgment of dismissal entered upon the sustaining of a demurrer without leave to amend their complaint for damages and injunctive relief. *978 The complaint in essence alleges that plaintiffs are farm workers who have been discharged from employment and have not been rehired because defendants, farm labor contractors, contend that they have a...
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Opinion J.—Appellant, Rosemarie Simeth, having appealed from an order after an adjudicatory disposition held in the juvenile court, finding and declaring her minor daughter a dependent child, pursuant to section 600, subdivision (a) of the Welfare and Institutions Code, now moves that counsel be appointed to represent her on appeal. The order appealed from removes the child from the mother’s cust...
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Opinion — Petition for writ of supersedeas. Insurance Company of North America seeks to stay during the pendency of its appeal the enforcement of a superior court judgment under which, (1) an automobile liability insurance policy for $100,000 issued by INA to Arsenault was declared to have been in full force and effect at the time of a particular accident, and (2) damages of $100,000 for wrongful ...
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Opinion J. Haywood Dabney and Faith Dabney appeal from an order striking the cross-complaint by which they sought to intervene in this action. We affirm the order. Four of the five former shareholders in Siesta Recreation Vehicles, Inc. (hereinafter “plaintiffs”) commenced an action against Di Giorgio Corporation and some of its subsidiaries and executives (hereinafter jointly “respo...
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Opinion In this appeal from an order of the superior court denying as untimely a petition for writ of review challenging a municipal court judgment of contempt, appellant contends that the superior court abused its discretion. We conclude that the action of the superior court finds support in appellant’s delay of approximately six months in seeking a writ of review. Accordingly, we affirm the o...
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Opinion Defendant Alvin Glover was charged with attempted grand theft (Count I) and attempted grand theft of a motor vehicle (Count II). A pretrial motion to dismiss the case for lack of a speedy trial was denied and the matter set for trial. Before trial, a plea bargain was arranged with the court’s approval. Defendant pleaded guilty to count I and the court imposed a one-year jail sentence,...
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40 Cal.App.3d 1014 (1974) 115 Cal. Rptr. 653 COMMON WEALTH INSURANCE SYSTEMS, INC., Plaintiff; THOMAS J. CRIBBS et al., Plaintiffs, Cross-defendants and Appellants, v. PAUL J. KERSTEN, Defendant, Cross-complainant and Respondent. CARL E. DONAHUE et al., Plaintiffs and Appellants, v. PEARSON, SCOTT AND COMPANY et al., Defendants and Respondents. Docket No. 13390. Court of Appeals of California, Fo...
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Opinion In case No. A183482 an information in two counts charged all defendants with (count I) burglary, a felony occurring January 15, 1973, in violation of Penal Code section 459, it being also alleged that, in committing the crime, defendants were armed with and used pistols *1038 and, when arrested, they were armed with concealed deadly weapons, to wit, pistols. Count II, against defendan...
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*1048 Opinion Defendant Stewart Mortimer Sobel was charged by information in one count with violating Government Code section 1090 and section 1097, provisions prohibiting conflict of interest by public officials and employees. 1 It was charged that defendant, “being at all times, during the period alleged, a County employee, to wit, a deputy purchasing agent, on or about and between July 1...
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Opinion Appellant was tried before a jury and found guilty of voluntary manslaughter (Pen. Code, § 192). The jury also found that he was armed with a deadly weapon at the time of the commission of the offense. Appellant was sentenced to prison for the term prescribed by law. On this appeal from the judgment it is contended that conclusive evidence of appellant’s intoxication would have shown ...
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Opinion Petitioners (respondents here), Atlantic Richfield Company and Sibarco Stations, Inc., instituted this proceeding against the Board of Supervisors of Sacramento County (Board), the members thereof, and the Director of the Department of Public Works of Sacramento County to obtain a peremptory writ of mandate compelling issuance of a building permit to construct a service station. T...
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Opinion Plaintiff in a personal injury action appeals from a judgment of dismissal entered pursuant to Code of Civil Procedure section 583, subdivision (b) for failure to bring the case to trial within five years of the filing of the complaint. Plaintiff also noticed an appeal from two previous orders of the superior court dated January 18, 1973, and March 1, 1973. These two orders which ...
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*1075 Opinion This is a proceeding in mandamus to vacate the trial court’s order staying the action on the ground of inconvenient forum pending the filing of suit in Texas. The sole issue is whether petitioners will be deprived of their remedy of double damages under Labor Code sections 970 and 972 if the action is tried in Texas. If so, the trial court abused its discretion in s...
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*1081 Opinion Dissolution of the marriage of Jack and Sara Pashley. Jack appeals that portion of the interlocutory judgment which determines that the family residence, furniture, and furnishings are the separate property of Sara. Facts The Pashleys married in 1946 and two years later purchased a home at 15844 Valley Vista Blvd. in Encino. On 22 April 1972 Jack moved out...
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40 Cal.App.3d 1085 (1974) 115 Cal. Rptr. 528 THE PEOPLE, Plaintiff and Appellant, v. HOWARD ZEIHM et al., Defendants and Respondents. Docket No. 24014. Court of Appeals of California, Second District, Division Two. August 2, 1974. *1087 COUNSEL Joseph P. Busch, District Attorney, Harry B. Sondheim and Eugene D. Tavris, Deputy District Attorneys, for Plaintiff and Appellant. Richard S. Buckley, Pu...
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Opinion This appeal presents two questions: Which statute of limitation applies and when does it start running on a county retirement board’s cause of action under Government Code section 31820 against a third party tortfeasor to recover retirement benefits paid to an injured county employee? Applying the cases interpreting the subrogation provisions of the workmen’s compensation law, the trial c...
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Opinion Defendant appeals from a judgment of conviction for deliveries of nursery items within Manhattan Beach without payment of a license tax imposed by the city on each vehicle (Mun. Code, § 6-2.30(v)). The defendant has 1 customer in Manhattan Beach and delivers products to him by use of defendant’s pool of 11 trucks stationed at its Torrance holding yard. In the course of 5 months (Jan. 1, 19...
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Opinion This is an appeal from a judgment in favor of respondents in an action arising out of the death of appellants’ two children. On Saturday, November 30, 1968, the bodies of Linda and Joseph Atchan were discovered in the bottom of the swimming pool owned by respondent Americania Motor Lodge in downtown San Francisco. Linda Atchan, age 11, and her brother Joseph Atchan, age 10, w...
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39 Cal. App. 3d 12 (1974) 113 Cal. Rptr. 890 LAWRENCE JACKSON, Plaintiff and Appellant, v. ROBERT B. CARLESON, as Director, etc., et al., Defendants and Respondents. Docket No. 14117. Court of Appeals of California, Third District. May 3, 1974. *13 COUNSEL Eugene M. Swann, Carmen L. Massey and Gary J. Solberg for Plaintiff and Appellant. Evelle J. Younger, Attorney General, Elizabeth Palmer, Assi...
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Opinion Prior to April 15, 1969, W. J. and Paul Smith (“the Smiths”) had leased and purchased on a time basis various pieces of earth-moving equipment from the respondent, Davies Machinery Co. (“Davies”). They had dealt with each other off and on over a period of some 25 years. *21 On April 15, 1969, the parties entered into a security agreement for the purchase of 12 pieces ...
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Opinion We issued an alternative writ of mandate in order to consider the legality of a warrantless search of a motor vehicle for contraband. It was based upon an untested “citizen informer’s” untrue report of his observations which the superior court found was reasonably and in good faith believed by sheriff’s officers to constitute probable cause for the search. Substantial evidence established...
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Opinion Appellant pleaded guilty to possession of heroin (formerly Health & Saf. Code, § 11500, now, § 11350). The court found appellant to be a narcotics addict, and committed him to custody of the Department of Corrections for confinement in a narcotics rehabilitation facility under provisions of Welfare and Institutions Code section 3051. The director of the rehabilitation program ther...
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Opinion This is an app eal by the natural mother ofthesubj ect four-year-old minor from an order and judgment of the superior court granting the respondent’s petition that the minor be freed from custody and control of appellant in order that the minor might be adopted. The foster family with which he now lives, and has lived since two months of age, seeks to adopt him. The judgment of the superio...
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Opinion Petitioner and defendant David Grime seeks a writ of mandate to compel respondent superior court to dismiss an action brought by real party in interest and plaintiff Charles J. Spake. We granted an alternative writ on order of our Supreme Court.1 Facts The facts are undisputed. Plaintiff filed a personal injury action against defendant in the Los Angeles superior court. On November 17, 197...
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Opinion Defendant Albert E. Barrowclough, also known as Tracy Rollin Ammerman, was charged by information with perjury in violation of Penal Code section 118 1 as follows: “That on or about the 1st day of June, 1971, at the Department of Motor Vehicles Office in Van Nuys, California, in the County of Los Angeles, he was making application for a driver’s license and was called u...
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Opinion The County of San Luis Obispo appeals the judgment of the superior court which, (1) set aside an assessment by the county board of equalization of property commonly known as the Madonna Inn owned and operated by respondent Alex Madonna, (2) awarded Madonna $1,000 attorneys’ fees, and (3) remanded the cause to the board for further proceedings. Facts For the fiscal year 1...
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*66 Opinion Defendant appeals a judgment of conviction for possession of heroin. By stipulation the case was submitted to the superior court upon the transcript of the preliminary hearing. Defendant made a motion to suppress evidence under Penal Code section 1538.5. Facts A confidential reliable informant told Police Officer Neie that informant had bought heroin from appellant. Informant ...
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*85 Opinion Defendant County of San Joaquin (hereinafter referred to as “County”) appeals following the granting of judgment on the pleadings in favor of plaintiff San Joaquin County Employees’ Association, Inc. (hereinafter referred to as “Association”). This action had its genesis in the filing of a complaint for declaratory relief by the Association seeking a determination by the court t...
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*103 Opinion This action for declaratory relief results from a dispute between the previous owner and the present owners of a motel near Lake Gregory in San Bernardino County as to which of them is entitled to $45,000 paid to their joint account by Lake Gregory Land and Water Co., whose negligence resulted in mudslide damage to the motel property. The trial court divided the disp...
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Opinion Defendant has appealed from a judgment of conviction entered following a court trial in which he was found guilty of four out of five offenses with which he was charged as a result of his participation in an armed robbery. 1 He was sentenced to prison for the term provided by law for armed robbery of the first degree (Pen. Code, §§ 211, 211a) 2 aggravated under the provisions of sec...
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*124 Opinion This is a malpractice action by a Garden Grove patient against a Garden Grove dentist. During the course of a jury trial, the patient’s attorney called two Beverly Hills dentists: one a specialist; the other a general practitioner. The trial court ruled that neither was competent to express an opinion on the ultimate issue as to whether the defendant was negligent in...
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Opinion In accordance with the advisory verdict of a jury, the trial court rendered judgment for specific performance of an alleged contract to purchase real property in favor of plaintiff Florence H. Scott (hereinafter plaintiff) and against defendants Dana B. Horn and Fidelity Development Company (hereinafter defendants). *133 Essential Facts Eliminating unnecessa...
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Opinion Plaintiffs appeal from an order (“judgment,” Code Civ. Proc., § 581d) dismissing their complaint following the sustaining of the demurrer of defendant, The Boeing Company, which asserted the court had no jurisdiction of the subject matter of the action. (Code Civ. Proc., § 430.10, subd. (a).) Plaintiffs are the minor children of Earl Raymond Cairl, deceased, who sue through a...
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Opinion People’s motion to dismiss an appeal from a conviction based on a guilty plea to first degree robbery. On February 20, 1973, after defendant, who was represented by counsel, was sentenced to prison, the trial court informed him of his right to appeal. (Cal. Rules of Court, rule 250.) No notice of appeal was filed within the 60-day period provided by rule 31(a). Sometime in July 1973 def...
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Opinion On December 7, 1973, the Los Angeles Superior Court Appellate Department certified the instant case to this court. The important issue of law is specified as: “When a defendant in the municipal court is represented by counsel and enters into a plea bargain, may a commissioner of that court accept a plea and impose sentence in accordance with the plea bargain without an express stipulati...
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*170Opinion Petitioner Evelyn F. Miller appeals from a denial of her petition for writ of mandate by which she sought to compel the California Department of Human Resources Development and specifically the California Unemployment Insurance Appeals Board to declare her eligible for benefits under the California Unemployment Compensation Law. We affirm the judgment denying the petition. The facts a...
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*176 Opinion On November 15, 1968, Elizabeth DeMeo, individually 1 and as administratrix of the estate of her husband Anthony DeMeo, brought an action against St. Francis Hospital and several doctors alleging wrongful death due to medical malpractice. On November 12, 1969, appellant Continental Casualty Company, workmen’s compensation carrier for the deceased’s em...
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Opinion In August 1969, appellants petitioned the Kings County Board of Supervisors for a reduction of the assessments made by the county assessor for the tax year 1969-1970 on 40 separate parcels of land located in the Tulare Lake Basin of Kings County; 1 one parcel was owned by Westlake Grain and Cotton, Inc., four parcels belonged to the Priest Valley Cattle Company, and 35 ...
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*196 Opinion Facts On June 11, 1969, after 15 years of marriage, respondent husband filed an action for divorce against his wife, the appellant. On June 18, 1969, the parties entered into a marital settlement agreement. The essential provisions of the agreement were that respondent husband would receive custody of the minor children and receive as his share of the marital property a 1968 au...
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*207Opinion In this habeas corpus proceeding we issued an order to show cause directed to the medical director of Napa State Hospital the purpose of which was to inquire into the detention and confinement of petitioner, L. L., a minor, at said hospital. We have been advised that subsequent to the hearing of the order to show cause in these proceedings the minor was released from Napa State Hospita...
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Opinion The State Personnel Board and the Director of the Department of Human Resources Development have appealed from a judgment directing issuance of a writ of mandate to vacate an order of the board which dismissed respondent Claude Wilson from his position as a civil service employee of the department. The facts are not in dispute. Respondent, who was then unemployed, collected unemployment co...
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Opinion Plaintiff appeals from a judgment denying recovery of sales taxes paid under protest. The facts are established by stipulation. Plaintiff is a California corporation incorporated in 1959; its place of business is El Monte. It is a wholly owned subsidiary of Sunshine Art Studios, Inc., (parent corporation), a Massachusetts corporation. A third corporation the activities of whi...
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Opinion This is an appeal by plaintiff from a summary judgment entered against him and in favor of defendant Jere Erie Brown, as executrix of the will of Bert M. Lewy, deceased. On April 6, 1971, plaintiff commenced an action to recover sums of money on various theories including common counts, a promissory note, continuing guarantees, fraudulent transfers, and conversion. One of the defendan...
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Opinion Defendant appeals from a $1,670,792 judgment for plaintiffs in a personal injury action tried by the court without a jury. In its findings and conclusions, the court determined that defendant was guilty of willful misconduct. Defendant attacks the judgment on two grounds: (1) The finding of willful misconduct was beyond the scope of the pleadings and (2) references by plaintiffs’ counse...
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Opinion Appellant, Barbara Cacciaguidi (Barbara), appeals from a judgment of nonsuit in favor of respondents Elliott Janitorial Service, Inc. (Elliott) and Theodore Van Alen, individually and doing business as Cleansweep Co. (Cleansweep). On December 20, 1969, Barbara, an employee of Calmar, Inc. (Calmar), suffered personal injuries as a consequence of a slip and fall on a substance ...
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Opinion Petitioners are respondents in a will contest now pending in the Superior Court of Merced County, and they seek to prevent real parties, the contestants in that action, from taking the deposition of David Black, a renowned handwriting expert. Petitioners’ motion to restrain real parties from taking Black’s deposition was denied by the superior court, and petitioners have applied for a w...
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*281Opinion Disposition of this habeas corpus proceeding is controlled by In re Yurko, 10 Cal.3d 857 [112 Cal.Rptr. 513, 519 P.2d 561]. (See also, In re Foss, 10 Cal.3d 910, 930 [112 Cal.Rptr. 649, 519 P.2d 1073]; In re Stewart, 10 Cal.3d 902 [112 Cal.Rptr. 520, 519 P.2d 568].) That decision holds that in arraignments taking place after the date of the decision’s filing (March 7, 1974) a defendant...
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Opinion Plaintiff brought suit against defendants on two alleged causes of action—one for conversion of two pieces of jewelry and one for damages based on a course of conduct toward her by defendants. Defendants pled, by way of answer, 1 that plaintiff was not a proper party plaintiff in that she had been adjudicated a bankrupt, 2 had not scheduled the alleged causes...
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Opinion This is an action to recover for wrongful deaths and personal injuries arising out of an airplane accident which occurred October 16, 1968, near Las Cruces, New Mexico. The plane was a Beech-craft model S-35, manufactured by respondent Beech Aircraft Corporation (Beech). The pilot, Hampson, and one passenger, Baker, were killed. The second passenger, Pribble, one of the appellants...
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Opinion Western Contracting Corporation (Western), an Iowa corporation, was the successful low bidder and was awarded a lump sum fixed price contract with the State of California, Department of Water Resources, for the construction of the Castaic Dam in Los Angeles *344 County. Subsequent thereto, effective August 1, 1967, our state Legislature increased the sales and use tax...
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Opinion This is an appeal by the Board of Education of the Lawn-dale- School District and its secretary, Kenneth E. Ricketts, from a judgment of the superior court granting a peremptory writ of mandamus commanding the board to set aside its decision in an administrative proceeding and to reconsider its action in the light of the court’s findings of fact and conclusions of law. The board, ...
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*369 Opinion Defendant, Gourgen Mkrtich Yanikian, an Armenian by birth, was found guilty by a jury of the first degree murders (Pen. Code, §§ 187, 189) of two Turkish consular officials, which occurred on January 27, 1973, at the Santa Barbara Biltmore Hotel. He appeals from the judgment of conviction on each of two counts of first degree murder committed while “armed with and using a deadl...
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Opinion The parties were divorced in 1969 and the husband was ordered to pay child support until further order of the court. In 1971 a minute order increased the amount of child support. In 1971 Civil Code section 25 was ámended by chapter 1748 to read *385 “Minors are all persons under 18 years of age.” Chapter 38 of Statutes 1972, which is still in effect, refers to the effective date of ...
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Opinion Defendants Roberts, White, Washington, Slaughter and Richard, hereafter sometimes the “defendants,” have appealed from a judgment for $5,237.31, founded on a promissory note held by plaintiff Russell. Two other defendants, Verlin Mattox and Hester Mattox, hereafter “Mattox,” who were also adjudged liable on the note, have not appealed. The superior court found the following basic fact...
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Opinion Defendant, W. J. Moran, appeals from a judgment of conviction entered on a jury verdict finding him guilty of first degree murder of C. Baker and not guilty of the murder of T. Shull. He raises a question of first impression as to the propriety of the trial court’s admission of a video tape of the preliminary hearing testimony of the main prosecution witness. He also asserts that ...
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*420 Opinion Charged with maliciously maiming, wounding and killing animals which were the property of another (Pen. Code, § 597, subd. (a)), appellant was found guilty by a jury and was admitted to probation on condition he serve six months in county jail and make restitution. He appeals. Appellant lived on 23 acres of land in a large tract over which animals, belonging to one Cabezut, had...
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Opinion This case involves a dispute between real property owners residing in a residential area over the use of a portion of a nondedicated alleyway at the rear of their properties. The Facts The real property at issue is located in what is known as “Reilly’s Spring Tract” in the Highland Park area of the City of Los Angeles. The parties to this action, as reflected in the sket...
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Opinion Debra Kessler appeals the order of dismissal of her action against the estate of her former husband, Bernard Kessler, deceased, in which she sought to set aside a property settlement agreement and judgment of dissolution of marriage, reinstate an interlocutory judgment of dissolution, enforce an oral promise, impose a trust, and recover damages for fraud. The trial court sustained a dem...
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Opinion This application or motion for a “stipulated reversal” of a trial court judgment was filed by appellant Martha Shapiro and by the Union Bank, respondent and executor of the will of Saul Shapiro. In August 1972 an interlocutory judgment was entered dissolving the marriage of Martha and Saul Shapiro, determining separate and community property, approving as valid a 1962 property settlement ...
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Opinion In 1962, plaintiff was arrested and charged with assault with a deadly weapon (Pen. Code, § 245, subd. (a)). Through a relative, he secured the services of defendant attorney to represent him. On December 4, plaintiff signed a retainer agreement obligating himself to pay defendant a fee of $10,000. He also executed and delivered to defendant a deed of his home; the deed was recorded. In...
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Opinion In this petition for writ of mandate, we consider: (1) the power of the trial court to require that issues arising in postjudgment proceedings in marital dissolution matters be submitted upon affidavits or declarations, 1 excluding testimonial evidence; and (2) the validity of an unwritten trial court “policy” requiring that such a procedure be employed. We conclude tha...
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*489 Opinion The petition for writ of mandate which is here before us raises the validity of a trial court order deferring discovery in the form of interrogatories by the plaintiffs in a class action until after a hearing by the trial court to determine class worthiness, i.e., the constitution of the class; common, similar, and unique questions of fact and law; superiority of the class action...
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Introduction Defendant-appellant William Kenneth Taylor, following a denial of his motion to suppress evidence, pursuant to section 1538.5 Penal Code, waived a jury and submitted the matter on the transcript of the testimony taken at the preliminary hearing. The trial court found defendant guilty as charged in the two-count information of violation of sections 11530.1 (count I, planting and cul...
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*500Opinion The trial court refused to mandate Geduldig, the Director of the State Department of Health Care Services (respondent), to supply Molly Piontkowski (appellant), a recipient of aid under the California Medical Assistance Program (Medi-Cal), with an orthopedic mattress and box springs. Appellant concedes that her request in respect of box springs was appropriately denied. The sole issue...
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Opinion After pleading nolo contendere before a magistrate to one count of grand theft and one count of receiving stolen property, defendant was certified to the superior court for sentencing pursuant to Penal Code section 859a. The latter court imposed a one-year sentence and placed defendant on three years’ probation on various terms and conditions, one of which was that he serve 60 days in t...
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Opinion Armando Mejias Gallegos, defendant, has appealed from a judgment committing him to prison after a jury found him guilty of at *515 tempted escape in violation of Penal Code section 4532, subdivision (b), and that he had used force and violence in the attempt. Because of the omission of certain required instructions, the judgment must be reversed. The evidence was sufficient to sup...
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Opinion The sole issue presented here is whether the trial court erred in holding that appellant’s action for compensation as an electrical subcontractor in the construction of a highrise apartment house is barred by the provisions of section 7031 of the Business and Professions Code.* The issue was presented to the court on a stipulated statement of facts. It was also stipulated by the parties “t...
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Opinion Defendant appeals from judgment of the San Francisco Superior Court in favor of plaintiff. *534 Questions Presented 1. The Board of Equalization may retain funds voluntarily deposited with it where it failed within the statutory period of limitations to issue notice of deficiency determination stating additional tax due. 2. Any error in the findings is ...
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Opinion After a nonjury trial, Billy M. Clem and Walter Mengel appeal from a judgment which fined each of them $50 for each of six counts of selling securities without first qualifying the securities with the Commissioner of Corporations (Corp. Code, §§ 25110, 25540). Appellants formed three limited partnerships for the purpose of raising money to develop silver mines in Nevada. With...
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Opinion Edward B. Cantor appeals a judgment of the probate court determining that by reason of an antenuptial agreement he had no interest in the estate of his deceased wife, Betti Moss Cantor. Betti died testate on 22 January 1972, survived by her spouse, Edward, and by Steffani Turman, her daughter from a previous marriage. Betti’s will and codicil, executed prior to her marriage to Edward,...
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Opinion Charles E. Baker, a licensed medical doctor, appeals the judgment of conviction for prescribing narcotics to persons not under his treatment for a pathology. (Former Health & Saf. Code, § 11163, 1 two counts.) On 3 August 1971 Undercover Agents Charles Stowell and Sandra Davis visited Dr. Baker’s office in Long Beach. Stowell told Dr. Baker he had “gotten loaded on...
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39 Cal.App.3d 561 (1974) 114 Cal. Rptr. 509 In re JOHN WESLEY CLUTCHETTE on Habeas Corpus. Docket No. 24068. Court of Appeals of California, Second District, Division Two. May 28, 1974. *562 COUNSEL Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, and William E. James, Assistant Attorney General, Frederick R. Millar, Jr., Russell Iungerich, Deputy Attorn...
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Opinion Appellant University Casework Systems, Inc. entered into a subcontract (worth $751,331.25 after several change orders) on a project to build a science laboratory at San Jose State University. Respondent Jasper Construction, Inc., the prime contractor, undertook to *584 remit monthly to appellant 90 percent of the sums received from the state for labor and material fur...
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Opinion Plaintiff-appellant, Antique Arts Corp., dba Star of Siam (Siam) appeals from a judgment of dismissal entered after the general demurrer of respondent, City of Torrance, to Siam’s second amended complaint was sustained without leave to amend. On August 10, 1971, in the City of Torrance, a silent burglar alarm installed on the premises of Siam was, during the course of a robbery by two...
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Opinion Plaintiff Ramona Nash brought this action to recover $50,000 in benefits payable by the terms of a group accident insurance policy issued by defendant The Prudential Insurance Company to the California Institute of Technology, the employer of plaintiff’s husband, Leroy W. Nash. Nash was insured under the policy and died June 23, 1968, in the ocean near Catalina Island. Plaintiff b...
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*606 Opinion Plaintiffs Abrams & Fox, Inc., a law corporation, and Martin L. Abrams appeal from a judgment entered for defendant Allan K. Briney when plaintiffs declined to amend their complaint following the trial court’s sustaining of defendant’s demurrer with leave to amend. According to the allegations of the first amended complaint plaintiffs entered an oral agreement o...
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Opinion In this case we issued an alternative writ of mandate to inquire whether the Board of Permit Appeals of the City and County *614 of San Francisco (hereinafter “the Board”) lost jurisdiction to act upon petitioners’ appeal from the issuance of a building permit by the department of public works of said city and county (hereinafter “the Department”) to Frank Hunt and Ca...
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Opinion Plaintiff, a licensed and practicing physician has appealed from four separate judgments entered in favor of three groups of defendants 1 in an action in which he sought (1) to enjoin all of the *630 defendants from conspiring together so as to prevent or interfere with the plaintiff in the practice of his profession in the manner in which the plaintiff all...
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Opinion This cause is before us on an order to show cause issued by this court upon a petition for writ of mandate filed by the County of Madera praying that we compel the Superior Court of Madera County to declare Madera County Ordinance No. 371, adopted pursuant to Government Code 1 section 71040, 2 a valid enactment. We entertained *668 the writ because of the significant public import...
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Opinion Thomas James Renzulli, defendant, has appealed from an order made May 22, 1973, placing him on probation after he had entered a plea of guilty to a charge of grand theft from the person (Pen. Code, § 487, subd. 2). Defendant was placed on probation for one year, upon the condition he serve one year in the custody of the sheriff, with one day suspended. The plea of guilty was the result of ...
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Opinion Defendant was convicted by jury verdicts of two counts of rape by force or violence (Pen. Code, § 261, subd. 2) with prior convictions for forgery (Pen. Code, § 470) and receiving stolen property (Pen. Code, § 496). He has appealed from the judgment sentencing him to concurrent sentences in state prison. In a brief filed while these proceedings were pending he principally complains of the ...
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Opinion Petitioner William T. Rigsby sought a writ of mandate (Code Civ. Proc., § 1094.5) to compel the respondent Civil Service Commission of Los Angeles County to reinstate him as a county employee and pay him accumulated back salary of $2,000. The trial court denied the writ and petitioner has appealed the judgment, which, for reasons hereinafter set forth, we reverse. The record disclos...
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Opinion Defendant and his wife were indicted on 48 counts of selling real property securities in violation of the Real Property Securities Dealers Act (Bus. & Prof. Code, 1 § 10237 et seq.) (24 counts were for violations of § 10238.3 2 and 24 counts for violations of § 10237.4), 3 24 *708 counts of grand theft and 1 count of conspiracy to comm...
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*725 Opinion The case at bench concerns the effect of the statutory reduction of the age of majority in California from 21 to 18 years of age upon a father’s obligation of child support pursuant to an order of court entered prior to the effective date of the statutory change. We conclude that by reason of the particular language of the court order which we here consider, the statutory change ...
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Opinion This appeal challenges a ruling of the probate court a holding that a proceeding by which respondent sought unsuccessfully to establish that appellant had substituted pages in the document filed by her as the will of Bert M. Lewy was not a contest of will within the meaning of an in terrorem clause in the documents. We affirm the order of the trial court. Bert M. Lewy (Decedent) died on Ap...
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Opinion Louis Herson (Herson), in July 1970, sued Lynn and Ward Wood (Woods), husband and wife, in the superior court for unlawful detainer relating to real property commonly known as 625 Ocean Front, Santa Monica, California. 1 A judgment was entered in said case (WE C 19737) on November 24, 1970. On October 13, 1970, Woods as plaintiffs sued Herson and several Does with a com...
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Opinion Defendant Floyd S. Johnson appeals from a judgment of conviction entered after the jury found him guilty of second degree murder. On September 17, 1972, between 6 and 7 p.m., Charles Stark (“Stark”) was stabbed to death by appellant in a parking lot adjacent to the Riviera Apartments on McCreery Avenue, San Jose. The altercation which resulted in the stabbing started due to Stark’s fa...
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Opinion California’s Revenue and Taxation Code section 6353 provides certain exemptions from taxes imposed by the state’s “Sales and Use Tax Law” (Rev. & Tax. Code, §§ 6001-7176, inclusive). Section 6353, during the period with which we are concerned, read: “There are exempted from the taxes imposed by this part the gross receipts from the sales, furnishing, or service of and the storage,...
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Opinion Appellant is described in a probation report as a “rather pathetic, guarded, defensive man who has an obsessional ritualistic pattern of snipping hair” from the heads of young girls. The report shows a num *774 ber of prior convictions for offenses stemming from his hair fetishism. He was charged in this case with two counts of child molesting (Pen. Code, § 647, subd....
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Opinion This appeal is from a summary judgment in favor of all the defendants on all three counts of plaintiff-appellant’s complaint. Appellant, as trustee in bankruptcy, commenced this action for declaratory judgment, permanent injunction and other relief. The first count of the complaint questioned the validity of section 24074 of the California *779 Business and Professions Code relating...
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Opinion The Department of Public Works of the State of California (hereinafter the “Department”) filed this action for declaratory relief and an injunction seeking to permanently enjoin Ryan Outdoor Advertising, Inc. (hereinafter “Ryan”) from maintaining two advertising displays (hereinafter “billboards”) located adjacent to Highway 99 in Stanislaus County and ordering their removal. The ...
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Opinion Orange County Employees’ Association and Alphonso Candella appeal a judgment denying them a peremptory writ of mandate to order respondent Board of Administration, Public Employees’ Retirement System to pay Candella a pension. Candella began work as a custodian for the City of Anaheim on September 12, 1967. He was a member of the Public Employees’ Retirement System (PERS) and made contribu...
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*846 Opinion This case involves a claim against the state arising out of a single vehicle accident which allegedly was caused by negligent ownership, design, maintenance and control of a state highway. The accident resulted in the death of one James Arthur Roberts who was driving the truck involved in the accident. He was survived by his wife (Geraldine Roberts) and by four minor children. Th...
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*853 Opinion On this appeal from an order granting probation appellant contends that his motion to suppress evidence should have been granted and that the trial court erred in accepting the district attorney’s opinion that he was ineligible to be considered for diversion. Appellant was charged by information with possession of marijuana (Health & Saf. Code, § 11530 (now § 11...
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Opinion Plaintiff Rogers appeals from a judgment for the defendant County of Los Angeles rendered following a jury trial on the issue of liability, only. Statement of Facts The facts, with the exception of those relating to alleged juror misconduct during deliberation, are set forth with great detail in a settled statement on appeal. Briefly restated, they are as follows: ...
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*867 Opinion The instant appeals arise out of actions and cross-actions resulting from an injury suffered by plaintiff Kathleen Powers (Kathleen) and the medical treatment of Kathleen thereafter. 1 On the afternoon of March 22, 1969, Kathleen, then five and one-half years old, darted into the street in front of an ice-cream truck, and was struck by another truck driv...
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Opinion Defendant, his wife Gayle Dean, 1 and Michael Kimble were charged by information with kidnap for ransom (Pen. Code, § 209). Trial was by jury. Michael Kimble was found not guilty; defendant and his wife were found guilty as charged. It was also found that defendant *877 was armed with and used a pistol during commission of the offense. He was sentenced to state prison for the term p...
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Opinion R. C. appeals from an order of the juvenile court committing him to the Youth Authority after it had been determined that he had set fire to two structures; appellant was found to be a minor within the provisions of Welfare and Institutions Code section 602. *891The evidence is not in conflict. At about 3:40 a.m., February 26, 1973, two police officers patrolling the area of O’Farrell and...
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Opinion This is an appeal from a judgment of the Superior Court of Kern County upholding respondents’ unilateral rescission of a contract to purchase appellants’ house and granting restitution. The sole question is whether the evidence supports the judgment. In July 1970, appellants, who had lived in their home on Glenwood Drive in Bakersfield, California for more than five years, li...
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Opinion This litigation presents a single issue; does the plaintiff in a personal injury action for damages, who had been ordered to submit to a medical examination by a doctor selected by defense counsel, have the unconditional right to tape record all conversations which take place at the doctor’s office during the examination? The facts are undisputed. On July 6,1970, petitioners institute...
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Opinion John Perea, a Redwood City police officer, appeals from a judgment which denied his petition seeking a writ of mandate to: (1) set aside a decision of the Redwood City Personnel Board suspending him for *941 five days from his duties as a police officer, (2) reimburse him for lost wages and fringe benefits, and (3) expunge the record of the suspension from his personn...
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Opinion The People appeal an order of the superior court setting aside an information which charged Oswald Samuel Reeves with possession of a sawed-off shotgun on or about 28 July 1973. (Pen. Code, § 12020.)1 *946The question is whether the evidence, independently of Reeves’ extrajudicial confession, sufficiently establishes the corpus delicti of possession of a sawed-off shotgun. The evidence sho...
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Opinion Twelve corporate members' of the metal plating industry (hereafter Taxpayers) filed an action for declaratory relief against the City of Los Angeles, a municipal corporation (City) seeking a declaratory judgment that section 21.190 of the Los Angeles Municipal Code did not apply to them at all, that they were taxable only under section 21.166 of the code; that if any of their business g...
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Opinion In mandate proceedings commenced by Peter B. Valentine the superior court directed appellants Town of Ross and Virginia Stott, its clerk, to repeal the town’s Resolution 901 or “submit it to a vote of the electorate, per Election Code sections 4051 and 4052,” dealing with the people’s right of referendum. The appeal is from the judgment directing the peremptory writ to issue. ...
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Opinion Petitions for writs of mandate to compel the trial court to sever the impending trials of petitioners (defendants) David and Shirley Dove. In a three-count 1 information, Shirley was charged, in count 1, with *962 selling cocaine on November 5, 1973, and David was charged, in count 2, with selling cocaine on November 13, 1973. Motions to sever the trials were denied. Facts Thi...
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Opinion By information filed in the Superior Court of Kern County, appellant, Richard Page Harris, was accused of issuing two checks totaling more than $100 in violation of section 476a of the Penal Code, a felony; section 476a provides for the punishment of: “Any person who for himself . . . , willfully, with intent to defraud, makes or draws or utters or delivers any check, or draft or order ...
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Opinion Petitioner has alleged in his petition for writ of habeas corpus that his constitutional rights were violated in connection with the proceedings by which the Adult Authority revoked his parole and ordered *975 him returned to prison. 1 Petitioner’s contentions allege violations of the standard for valid parole revocation set forth in the cases of Morrissey v. Brewer (1972) 408 U...
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Opinion Defendant appeals from the judgment (order of probation) entered upon the jury’s verdict finding him guilty of presenting a fraudulent claim (Pen. Code, § 72) and of perjury (Pen. Code, § 118). On February 29, 1972, defendant signed and subsequently submitted to the Sacramento County Assessor’s office a claim for the California homeowner’s property tax exemption on his residence in No...
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Opinion In this declaratory relief action following summary judgment in favor of plaintiff Travelers Insurance Company (Travelers), defendant Maurice Bouzer appeals. The terms of Bouzer’s policy of automobile liability insurance with Travelers included, as the law of the State of California requires, “uninsured motorist” coverage. The policy states that the insurer agrees “To pay all sums whi...
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*Supp. 3Opinion In this matter, we affirm the judgments of conviction of three defendants, found guilty of violating Penal Code section 647c.1 Briefly put, the facts are that defendants were protesting the removal by the County of Los Angeles of certain trees from a public street. Each defendant, one at a time and acting in a completely peaceful manner, placed himself in a position intended to obs...
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Opinion These cases present the question, novel to the California appellate courts, whether housing projects carried out by joint participation of private enterprise and government under section 221(d)(3) of the National Housing Act (12 U.S.C. § 17151(d)(3)) and section 101 of the Housing and Urban Development Act of 1965 (Pub. L. No. 89-117, Aug. 10, 1965, 12 U.S.C. § 1701s) involve such “state a...
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Opinion Three men held up a liquor store in Stockton. In the course of the robbery Mr. Nemie, the proprietor, was fatally shot and Linda Osborne, a customer, wounded. Defendants Johnson, Kelly and Maynard were tried by a jury. Johnson and Kelly were found guilty of Nemie’s murder; of robbing Nemie and John Reyes, the liquor store clerk; of assault with a deadly weapon upon Miss Osborne. Maynard...
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38 Cal.App.3d 14 (1974) 112 Cal. Rptr. 872 NORTHERN INYO HOSPITAL, Plaintiff and Respondent, v. FAIR EMPLOYMENT PRACTICE COMMISSION, Defendant and Appellant; LOUISE KELLER, Real Party in Interest and Respondent. Docket No. 13200. Court of Appeals of California, Fourth District, Division Two. March 20, 1974. *16 COUNSEL Evelle J. Younger, Attorney General, Robert H. O'Brien, Assistant Attorney Gen...
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Opinion The issue presented on this appeal from a judgment denying a peremptory writ of mandate, which was heard on pleadings, declarations and a stipulation, is whether the State Personnel Board (Board) under its enabling statutes has discretion to authorize promotional examinations within a given department to the exclusion of other state employees who are not members of the department in which ...
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*61 Opinion This appeal is the second of two appeals resulting from an amended complaint filed on behalf of T.E.D. Bearing Company, plaintiff (hereinafter T.E.D.) against defendants Walter E. Heller & Company (hereinafter Heller) and Lawrence Warehouse Company (hereinafter Lawrence). This complaint alleged various counts. After the court sustained demurrers, an order of dism...
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38 Cal.App.3d 66 (1974) 113 Cal. Rptr. 49 THE PEOPLE, Plaintiff and Respondent, v. GARY DWIGHT STEVENS, Defendant and Appellant. Docket No. 23859. Court of Appeals of California, Second District, Division Four. March 25, 1974. *67 COUNSEL Gary Dwight Stevens, in pro. per., and Norman W. de Carteret, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney...
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Opinion JCross-appeals in cross-actions for declaratory relief to allocate costs of construction by the Calleguas Municipal Water District for a $4 million water system serving five southeastern Ventura County properties separately owned by American-Hawaiian Steamship Company, Metropolitan Development Corporation, Lester Hope, Lillian Barrett, and Home Savings and Loan Association. ...
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*86Opinion Plaintiffs, Bessie D. Drennen et al., appeal from a judgment for defendant, County of Ventura, in their inverse condemnation action. The judgment was rendered after trial to the court of the county’s special defense that the owners of the Santa Susana Airport (the Chester L. Fosters) had acquired a specified prescriptive avigation easement over certain land of plaintiffs lying next to ...
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Opinion On August 28, 1969, defendant was found guilty of selling, furnishing and giving away marijuana, in violation of section 11531 (now § 11360) of the Health and Safety Code. Criminal proceedings were suspended and he was committed to the California Rehabilitation Center. In October of 1970, he was released from the center on outpatient status. On December. 18, 1971, while on that out-pati...
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Opinion CARTER, J. * This is an appeal by the wife from an interlocutory judgment of dissolution of marriage. On appeal, wife urges the following procedural and substantive contentions; 1. The interest of the husband in his law firm as of the date of trial was all community property. 2. The trial court erred in failing to determine the value of husband’s interest in ...
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Opinion Petitioner, James N. Ferreira, seeks review and annulment of an order of the Workmen’s Compensation Appeals Board (“appeals board”) denying reconsideration of the decision and finding of the referee that a left inguinal hernia sustained on August 8, 1966, while lifting a battery out of his pickup truck at home is noncompensable. In 1961 petitioner sustained a left inguinal he...
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38 Cal.App.3d 127 (1974) 113 Cal. Rptr. 122 THE PEOPLE, Plaintiff and Respondent, v. VERONICA M. BAGWELL, Defendant and Appellant. Docket No. 11286. Court of Appeals of California, First District, Division One. March 27, 1974. *129 COUNSEL James Larson, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., and Jack R. Wink...
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Opinion On this appeal by Insurance Company of North America, the insurer, from a judgment in favor of James W. Woods, the injured passenger, declaring that its aircraft liability policy was in full force and effect at the time of the accident, the only question is the construction of the phrase “properly certificated and rated for the flight,” in Endorsement No. 2. For the reasons set forth be...
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Opinion This is an appeal by plaintiff California Central Coast Regional Coastal Zone Conservation Commission (hereafter “commission”) from an order denying its application for a preliminary injunction against defendant McKeon Construction (hereafter “McKeon”). The relevant facts may be summarized as follows: In May 1971, defendant McKeon held an option to purchase 16.4 acres of unimproved re...
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Opinion The mother of a minor appeals from an order of the lower court under subdivision (d) of section 600' of the Welfare and Institutions Code declaring the minor a dependent, placing her under the control and custody of the Director of the Napa County Welfare Department, and placing her in the home of the mother. A special finding was entered to the effect that the home involved was “unfit” so...
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Opinion Codefendants appeal from judgments 1 entered on jury verdicts finding them guilty of second degree murder (Pen. Code, § 187). Both urge reversal or, in the alternative, reduction of the sentences to manslaughter, on the grounds that: 1) the evidence was insufficient to sustain the verdict and conviction; 2) the trial judge abused his discretion in allowing reference to their membershi...
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Opinion On April 7, 1969, plaintiff, Cecelia K. Toth, (hereafter Cecelia) 1 filed a complaint against defendant, Kenneth J. Toth (hereafter Kenneth) “1. To Declare Invalidity of Foreign Decree of Divorce; 2. For Separate Maintenance (Desertion and Extreme Cruelty); 3. For Dissolution of Partnership and Accounting; Declaration of a Constructive Trust” alleging that Kenneth purpo...
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*220 Opinion On December 21, 1967, State Compensation Insurance Fund filed an action in the Municipal Court of Compton Judicial District against Clevester Williams, Jr., and various fictitiously named defendants seeking $80 plus attorney’s fees and costs as damages under Labor Code sections 3850-3864. The complaint alleged that plaintiff was the workmen’s compensation insurance c...
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Opinion Nealy Aubrey Johnson, defendant, appeals his conviction, after jury trial, of first degree murder (Pen. Code, § 187). Mrs. Margaret Lewis and her daughter, Katherine, the murder victim, lived in a one bedroom apartment in San Diego. Johnson lived with Mrs. Lewis and Katherine during the summer of 1970; after August of 1970 Johnson stayed at the apartment on weekends only. When Johnson stay...
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Opinion Rodney Richard Graham, defendant, has appealed from a judgment imposing a prison sentence after a jury had found him guilty of voluntary manslaughter and the trial judge had found he was armed with a firearm at the time of his commission of the offense within the meaning of Penal Code section 12022. The contentions on appeal are concerned solely with the latter finding by the trial ju...
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Opinion Plaintiffs appeal from a judgment denying their petition for administrative mandamus to review and set aside actions of defendant Riverside County granting real party in interest (Eagle Development Company, hereafter Eagle) a conditional use permit and variance for the construction of a multiple residential development on a parcel of land in Palm Desert and approving a zone change...
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Opinion This is an appeal from a summary judgment dismissing plaintiffs’ petition for administrative mandamus to review and set aside the issuance of a conditional use permit to real party in interest (Consolidated Land Investment Company, hereafter Consolidated) for a planned multiple residential development in the unincorporated territory of River *276 side County known as ...
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Opinion Appellant and respondent are attorneys separately engaged in the practice of law in Kern County. On April 1, 1971, the respondent and nine other Kern County attorneys filed a complaint with the State Bar of California, alleging that appellant was guilty of professional misconduct in that he had organized a county-wide network of ambulance-chasers and cappers who, under his directi...
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Opinion In this action in inverse condemnation the several appellants1 seek to recover damages from the County of Madera (hereinafter “County”) by reason of the operation of an ordinance zoning their agricultural lands “ARV-20”;2 the zoning ordinance effectively prevents the appellants, and each of them, from using or selling two-and-one-half-acre residential lots delineated on a subdivision map ...
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Opinion On the petition of Cornell University Medical College, a New York corporation, hereinafter termed “Cornell,” we issued an alternative writ of mandate to the Santa Clara County Superior Court. The superior court had denied Cornell’s motion to quash service upon it, of summons issued on a cross-complaint of Fireman’s Fund Insurance Company (hereafter “Fireman’s Fund”), a real party ...
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38 Cal.App.3d 335 (1974) 113 Cal. Rptr. 396 HENRY DILLON et al., Plaintiffs and Respondents, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, Defendant and Appellant. Docket No. 1765. Court of Appeals of California, Fifth District. April 2, 1974. *337 COUNSEL McCormick, Barstow, Sheppard, Coyle & Best, McCormick, Barstow, Sheppard, Coyle & Wayte and Boone & Monroe and William B. Boone for ...
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Opinion We have consolidated for hearing and decision two closely related applications for relief by way of mandate. They deal with the power of the superior courts to appoint receivers in aid of execution, and the power of such receivers to commence actions in relation to the receivership. It has been a long standing judicial practice, in proper cases, to appoint receivers in procee...
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Opinion Defendant Daniel Earl Bales, Jr., admitted by his “guilty” plea the commission of an armed robbery, and then entered an additional plea of “not guilty by reason of insanity.” (See Pen. Code, §§ 1016, 1026.) A jury, by a division of 10 to 2, found him to have been sane at the time of the commission of the offense. Judgment of conviction was thereupon entered, from which judgment Ba...
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Opinion Defendant herein was charged with two counts of murder and four prior felony convictions. Defendant entered pleas of not guilty to the murder counts and admitted the four prior convictions. He was convicted by the jury of two counts of first degree murder. In this appeal defendant asserts three contentions, namely: 1. Allowing the testimony of defendant’s wife, over his claim of pri...
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Opinion Petitioners who either reside or are employed in that area of Los Angeles County commonly referred to as East Los Angeles appeal from a denial of their petition for a writ of mandate to require respondent County of Los Angeles to obtain an environmental impact report (EIR) in connection with certain street improvements in East Los Angeles, which improvements involve the removal of a qua...
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*387 Opinion C. R. Fedrick, Inc., a California corporation (hereafter Fedrick) filed a complaint against the State Board of Equalization of the State of California as an agency of the State of California (hereafter Board) under Revenue and Taxation Code section 6933 1 on a claim for refund of sales and use taxes seeking repayment of the sum of $13,129.48. In its compla...
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Opinion Defendant Larry Smith was charged with armed robbery. (Pen. Code, § 211.) A jury found him guilty of first degree robbery and also found that he was armed when the offense was committed. The court found a prior felony allegation to be true. Defendant was sentenced to prison; he was also sentenced to additional punishment under Penal Code section 12022.5, or “alternatively,” to the minim...
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Opinion Petitioner is charged by information with possession of heroin for sale (Health & Saf. Code, § 11351). The information alleges that the offense occurred on or about July 26, 1973. Respondent superior court denied petitioner’s pretrial motion to compel disclosure of the identity of an informant described in the affidavit upon which a search warrant had issued for the search of...
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Opinion The People appeal from an order (termed “judgment” in the notice of appeal) of the superior court granting defendants’ motions to suppress evidence (under Pen. Code, § 1538.5), and to dismiss an in*428formation (under Pen. Code, § 995) charging them with possession of heroin for sale (Health & Saf. Code, § 11500.5 [now Health & Saf. Code, § 11351]) and transportation of heroin (Health & S...
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*437 Opinion MOLINARI, P. J. Defendants appeal from the. judgments of conviction of armed robbery. (Pen. Code, § 211.) They make several assignments of error which we will consider separately with a narrative of the facts pertinent to each issue. Preliminarily we observe that defendants were charged with the armed robbery of a finance company occurring at about 4:30 p.m. on August 11, 1971,...
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Opinion There are involved here cross-appeals by the respective plaintiffs in five different actions consolidated for trial, and by the single defendant against which judgment was entered in those five actions. All five actions arose out of the crash and destruction of an aircraft manufactured by defendant Beech Aircraft Corporation (Beech). In that crash Roy W. Gregory, Jr., pilot o...
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Opinion Petitioners have been indicted for pandering and for conspiracy to commit pandering. They duly moved, under section 1538.5 of the Penal Code, for an order suppressing certain physical evidence arid for its return, 1 and for the suppression of the testimony of two witnesses, which testimony they alleged was the fruit of the unlawful searches and seizures involved in the first branch of...
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*486 Opinion Antonio Banales Flores appeals from the judgment of conviction entered on á plea of guilty after his motion to withdraw the plea had been denied. A certificate of probable cause has been filed pursuant to Penal Code section 1237.5. He contends his guilty plea was neither voluntarily nor intelligently made since he had not been advised that entry of such plea and conv...
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Opinion Defendant Aviation Finance appeals from a judgment quieting title in plaintiff Minson Co. to a parcel of real property located between a road running through defendant’s property and the section line which (according to the deed) forms the southern boundary of defendant’s property. The action was brought to determine the common boundary line between plaintiff’s northern boundary a...
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*501 Opinion Plaintiffs instituted a proceeding in administrative mandamus to review and set aside actions of the County of San Bernardino approving three unrelated construction projects in the Lake Arrowhead area of the county. The main attack upon the projects was the alleged failure of the county to comply with requirements of the California Environmental Quality Act of 1970 (...
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*522 Opinion This is an auto vs. truck case wherein each driver sued the other for personal injuries sustained in the accident. A jury decided that neither was entitled to recover. The car driver advances the following arguments on appeal: (1) the court erred in its instructions to the jury; (2) the truck driver was negligent as a matter of law; and (3) the trial court erred in p...
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Opinion Appellants Marvin Braude and James Ruddick brought this action under Corporations Code section 2236 et seq., to set aside an election in which respondents Toll, King, and Milligan were selected as members of the Board of Directors of the Automobile Club of Southern California. Appellants attacked the validity of proxies executed by members of the club and sought a declaration of r...
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Opinion In a so-called class action plaintiffs seek to have the court declare that the “pre-payment penalties” required of persons seeking to pay loans in advance of the normal maturity dates in real estate loan contracts used by defendants are void as being in contravention of Civil Code section 1670. 1 The claims against eight federally chartered defendants were removed to th...
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Opinion L.A.J., Inc., doing business as Miller Carpet Company, filed a complaint against the State Board of Equalization of the State of California for refund of state sales taxes paid under protest in the sum of $2,723.84, plus interest or, in the alternative, for the sum of $872.92, plus interest. After a nonjury trial, the court signed findings of fact and conclusions of law and judgme...
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Opinion This is a proceeding by certain owners of mobile homes and a nonprofit corporation consisting of such owners, challenging the constitutionality of an ordinance of Ventura County restricting the use and location of such homes. The trial court held the ordinance to be constitutional; we affirm. Purportedly acting under the authority of section 18300 of the Health and Safety Code, Ventur...
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Opinion Medical malpractice. Plaintiff Jean Thor appeals from a judgment, after a jury verdict, in favor of Dr. David Boska. *560 Facts There is no dispute concerning certain basic facts. Defendant, a general practitioner, began seeing plaintiff as a patient in 1963. In August or September 1965 plaintiff showed him a lump on her left breast. Defendant performed no tests and did not sugges...
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Opinion This is an appeal by the State Controller from an order fixing the amount of an inheritance tax. The single question to be decided is whether the value of certain shares of common stock, transferred in trust by the decedent in 1958, should be included in the measure of the tax under section 13643 of the Revenue and Taxation Code.1 The inheritance tax appraiser included the value of the sto...
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Opinion Petitioner, American Mutual Liability Insurance Company, hereinafter “American,” at all relevant times was malpractice insurance carrier for Sacramento County Medical Society, hereinafter “Society,” one of whose members was John G. Nork, M.D. Nork, and Mercy General Hospital of Sacramento, hereinafter “Mercy,” were sued for malpractice by Albert Gonzales. Nork, Mercy, and Gonzales...
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*601 Opinion Plaintiff, Thomas Mitchell, appeals from a judgment of dismissal entered after the court sustained demurrers to the complaint with leave to amend and plaintiff failed to amend within the time allowed. The record shows that the instant action was commenced on October 15, 1971, when plaintiff, Thomas Mitchell, filed a pleading entitled “Complaint For Money (Class ...
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Opinion Appeal from a judgment for all defendants in an action by plaintiff Hollywood National Bank (“Bank”) against defendants IBM, the issuer, for specific performance to compel transfer óf a 100-share IBM stock certificate; Hayden, Stone & Company (“Hayden Stone”), the true owner of the certificate, to quiet title; Morgan Guaranty Trust Company (“Morgan”), the original registrar on the...
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Opinion Plaintiffs and appellants, Steven Johnson, a minor, and his parents George and Agnes, recovered judgments, after a jury verdict, against defendant Christine Peterson, a minor, and against her parents Edward and Gloria, for a total amount of $30,000. The trial court entered both judgments, but limited the judgment against the parent defendants to *621 $10,000, the jury...
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Opinion Bobby Mitchell Baker, defendant, appeals a judgment sentencing him to prison after the court revoked his probation. Baker was convicted of second degree burglary and was placed on probation for three years on December 22, 1971. Baker escaped from the San Diego Work Furlough Center on July 10, 1972. On March 14, 1973, Baker remained missing. The court revoked his probation and issued a...
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Opinion In a well-articulated petition in pro. per., Lee Roger Duran meritoriously seeks habeas corpus on the grounds his probation was revoked for no good reason, and in violation of the notice requirements of Morrissey v. Brewer, 408 U.S. 471 [33 L.Ed.2d 484, 92 S.Ct. 2593] and People v. Vickers, 8 Cal.3d 451 [105 Cal.Rptr. 305, 503 P.2d 1313]. Following his conviction of assault wi...
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*640Opinion Defendants appeal from an order granting a preliminary injunction enjoining all picketing of plaintiff’s private residence. Plaintiff is a man of considerable wealth and prominence—currently, Ambassador to the Court of Saint James. He maintains a vacation home in the Palm Springs area which home is located on his own private eighteen-hole championship golf course. He employs a permane...
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*672 Opinion Defendant appeals from a judgment and sentence 1 entered on a jury verdict finding him guilty of assault with a deadly weapon (Pen. Code, § 245, subd. (a)) and of attempted robbery (Pen. Code, § 664), while using a firearm (Pen. Code, § 12022.5). As we have concluded that he was denied his statutory and constitutional rights to a speedy trial, and the charges against him must b...
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Opinion Defendant was convicted by a jury of first degree murder. The decedent, a retired civil engineer and a widower for about nine years, was 73 years of age and lived in Yucca Valley. The defendant, age 22, lived in a nearby house trailer. The defendant and decedent were *683 friends and the defendant spent many evenings at the decedent’s home watching television. On several occasions, ...
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Opinion Defendant Alvis J. Bailey appeals from the judgment after a jury convicted him of all three crimes charged in the information: Count I, kidnaping with intent to commit robbery (Pen. Code, § 209); Count II, armed robbery (Pen. Code, § 211); and Count III, escape from custody in a state penal institution in violation of Penal Code section 4530, subdivision (a). He was sentenced to prison ...
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Opinion This appeal presents the question of the applicable statute of limitations for an action based on an alleged wrongful curtailment of a physician’s use of hospital facilities to practice his specialty. For the reasons hereafter stated we hold that the two-year limitation period of Code of Civil Procedure, section 339, subdivision 1 applies. *704 On January 29, 1971, t...
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Opinion Eugene Nealous Burke appeals from a judgment sentencing him to concurrent terms of imprisonment after a jury found him guilty of receiving stolen property (Pen. Code, § 496) and possession of a blank check with intent to defraud (Pen. Code, § 475). On March 9, 1972, the Producers Cotton Oil Company in Fresno was burglarized; a check protector and many blank forms of bank drafts were s...
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Opinion On November 12, 1971, the wife, Rosalind Sandra Warner, obtained an interlocutory default judgment of dissolution of her eight-year marriage to husband Gary Lew Warner. A final judgment of dissolution was entered, at the husband’s request, on March 8, 1972. On April 6, 1972, Rosalind filed a motion to vacate the interlocutory judgment, claiming that her attorney of record had failed to re...
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*724 Opinion Plaintiff Henry O’Hagan appeals from a summary judgment denying him recovery for damages in a mandamus action.. The pertinent facts reveal that on February 8, 1961, one Vernon Rose (“Rose”), the owner of the property located at 1207 Fourth Street in Santa Rosa, applied for a use permit for the purpose of constructing a drive-in restaurant at said location. On February 16, 1961,...
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*737 Opinion Appellant-petitioners (appellants), James Edward Standifer (Standifer) and Maurice Bernard Nicholas (Nicholas) appeal from judgments following a jury trial by which they were respectively found guilty of murder in the second degree and murder in the first degree. (Pen. Code,. § 189). Pending their appeal appellants petitioned the Supreme Court for writ of habeas corp...
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Opinion Defendant appeals from the judgment of conviction 1 by jury verdict of second degree murder (Pen. Code, § 187) while armed with a deadly weapon (Pen. Code, § 12022). During the night, and after the first day of jury deliberations, the janitor threw away several exhibits of physical evidence introduced by the People. Defendant’s contentions on appeal deal with this missing evidence. ...
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Opinion Plaintiff, General Insurance Company of America, surety of the prime contractor involved, appeals from a judgment in favor of defendant, St. Paul Fire & Marine Insurance Company, surety for a subcontractor, which defaulted in its subcontract work under the prime contract. The action is essentially one for damages plaintiff suffered in excess costs and liquidated damages occasioned...
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*771Opinion The Security Pacific National Bank (hereafter “Security”), special administrator of the estate of Joseph Massaglia, Jr., deceased, on the one hand, and Laura Massaglia, objector to the first and final account and report of Security and Hong Kong Bank of California, administrator with the will annexed, on the other hand (hereafter “objector” and “Hong Kong” respectively) each appeal fr...
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Opinion Appellants brought an action in the superior court in which they sought a declaratory judgment that California’s requirement of United States citizenship as a prerequisite for voting is, as applied to them, a denial of the equal protection of the law. The trial court sustained respondents’ demurrers without leave to amend on the ground that appellants’ complaint failed to state a ...
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Opinion In the case at bench, we consider an issue certified to us by the Appellate Department of the Los Angeles Superior Court as: “Since the amendment of section 17150 of the Vehicle Code in 1967, may the owner of a rented automobile damaged by the concurrent negligence of the hirer and the driver of another vehicle recover from the latter?” As did the appellate department, we answer that qu...
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*803 Opinion Adeline Gloria Bjornestad (Gloria) and Edward R. Bjornestad (Edward) were married on December 31, 1967; separated December 30, 1971, and were pursuant to Gloria’s petition filed February 24, 1972, and Edward’s response thereto, separated by an interlocutory decree of dissolution entered October 6, 1972 (decree), which in items 2 to 8 inclusive made a complete property disposition...
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*815Opinion In a six-count information, defendant was charged as follows: count I, assault with intent to commit murder, in violation of Penal Code section 217; count II, assault with a deadly weapon, in violation of Penal Code section 245, subdivision (a); count III, assault with intent to commit murder, in violation of Penal Code section 217; count IV, assault with a deadly weapon, in violation ...
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Opinion Plaintiff, John V. Slater, appeals from an adverse judgment entered on a defense verdict in his malpractice action against the attending physician, defendant M. B. Kehoe, and Herrick Memorial Hospital, and from the order denying his motion for a judgment notwithstanding the verdict. He contends that the trial court erred to his prejudice by: 1) not instructing the jury that there was no...
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Opinion Defendant property owner has appealed from a judgment entered upon a jury award in a condemnation action. 1 It contends that the plaintiff Redevelopment Agency has failed to comply with federal law and that the taking is unlawful; that the court erred in permitting the condemnor to introduce evidence of value predicated upon the capitalization of business receipts, and ...
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Opinion This proceeding was commenced here to prohibit further judicial, action by a superior court judge who allegedly had been disqualified by a motion made under Code of Civil Procedure section 170.6. The sole issue presented is the timeliness of the motion. The controlling facts, as alleged in the petition and admitted in the answer, are simple. Petitioner is one of the defendants in two civi...
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Opinion In August 1956, approximately 100 acres of land in the Portuguese Bend area of the Palos Verdes Peninsula began moving toward the ocean. As a result of this movement many homes which had been built on the land were damaged or destroyed. Some of the homeowners had insurance which covered at least a portion of their losses. Most did not. Approximately 178 homeowners, including ...
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*892Opinion Shriners Hospitals for Crippled Children appeals the denial of its motion to set aside preliminary distribution in the estate of Watson Dark and the overruling of its objections to the final account and petition for final distribution. The issue is proration of federal estate taxes. Dark died testate in January 1972 leaving an estate of nearly $1 million. His brief will made six specif...
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Opinion Three named plaintiffs, .on behalf of themselves and all others similarly situated, sued numerous named lending institutions in a class action, the complaint alleging breach of trust, fraudulent misrepresentation, negligent misrepresentation and breach of contract. After general and special demurrers of four of the named defendants were sustained, plaintiffs were given leave to am...
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Opinion Defendant was charged with possession of a .22 caliber revolver (§ 12021, Pen. Code) after haying been convicted of first degree robbery on December 3, 1969. The People appeal from order suppressing evidence (§ 1538.5, Pen. Code) and dismissing the cause (§ 1385, Pen. Code). The sole issue is whether defendant was initially unlawfully detained.1 *913The motion was submitted on the transcri...
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*923 Opinion Appellant, the paternal grandmother of the four minor children who are the subject of consolidated guardianship proceedings, has appealed from orders which overruled her objections and appointed a separate guardian for each of the minors. She has also appealed from a post-judgment order which denied her motion for an order waiving costs of a clerk’s transcript on app...
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Opinion State of California appeals from the granting of respondents’ motion to suppress pursuant to Penal Code section 1538.5 and respondents’ motion to dismiss pursuant to Penal Code section 995. On November 22, 1972, defendants-respondents James Byrd and Leigh Moser were charged by complaint with possession of marijuana for sale (Health & Saf. Code, § 11530.5), and possession of m...
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Opinion ( Found guilty of second degree murder (Pen. Code, § 189) by a jury, appellant, Berttrand Anderson, appeals from the judgment entered pursuant tó the verdict. Appellant and the victim, Sandra Heckman, had lived together for a period of about a year and a half. In April 1972, they were living together at 241 E, Washington, Apartment #2 in the City of Pasadena. The apartment was shared by Pa...
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Opinion Plaintiff appeals from a judgment of dismissal, following a ruling that his cause of action is barred by the statute of limitations and sustaining, without leave to amend, a general demurrer of defendant County of Sacramento alleging that the complaint failed to state a cause of action. The Facts Plaintiff, a civil service employee of Sacramento County, was dismissed...
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*968 Opinion In October 1972 the Nevada County grand jury indicted Peter Dean on a charge of possessing marijuana for sale. In November of 1973 we denied Dean’s petition to quash the indictment; we held that the evidence supporting the indictment had been secured by means consistent with the Fourth Amendment. (Dean v. Superior Court, 35 Cal.App.3d 112 [110 C...
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Opinion Appellant Michael Joseph Peck and two codefendants were indicted on four counts: offering to sell marijuana (Health & Saf. Code, § 11531, now § 11360); possession of marijuana for sale (Health & Saf. Code, § 11530.5, now § 11359); possession of restricted dangerous drugs (Health & Saf. Code, § 11910, now § 11377); and possession of paraphernalia (Health & Saf. Code, § 11555, now §...
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Opinion A judgment of nonsuit was entered against plaintiff Helen Gopaul in her “malpractice” action against defendant Herrick Memorial Hospital. The trial court had concluded that the one-year statute of limitations of Code of Civil Procedure section 340, subdivision 3, had run before commencement of her action. Her appeal is from the judgment. Viewed in a light most favorable to pl...
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Opinion This action was filed by plaintiff as an elector of San Diego to obtain a declaration that the portion of the.city charter which fixes the salary of councilmen at $5,000 per annum (portion of art. Ill, § 12) is unconstitutional under the Fourteenth Amendment of the United States Constitution and under article I, sections 21 and 24 of the California Constitution. Plaintiff’s theory is that ...
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Opinion Plaintiff and appellant Home Federal Savings and Loan Association of San Diego (Home Federal) appeals from a judgment of dismissal following the sustaining of demurrers without leave to amend to causes of action 63 through 78 of the third amended complaint. Facts 1 From August 20, 1963, to May 7, 1964, respondent, James Sullivan 2 was the owner, develo...
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Opinion The matter at bench is an appeal from a judgment of conviction of sale of heroin (Health & Saf. Code, § 11501, now Health & Saf. Code, § 11352), two counts of possession of heroin for sale (Health & Saf. Code, § 11500.5, now Health & Saf. Code, § 11351), possession for sale of cocaine (Health & Saf. Code, § 11500.5, now Health & Saf. Code, § 11351), and possession of marijuana (He...
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37 Cal.App.3d 35 (1974) 112 Cal. Rptr. 27 CENTINELA VALLEY SECONDARY TEACHERS ASSOCIATION et al., Plaintiffs and Appellants, v. CENTINELA VALLEY UNION HIGH SCHOOL DISTRICT et al., Defendants and Respondents. Docket No. 41799. Court of Appeals of California, Second District, Division Two. January 30, 1974. *37 COUNSEL Trygstad & Odell and Lawrence B. Trygstad for Plaintiffs and Appellants. Joh...
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Opinion This is an appeal from a judgment denying a peremptory writ of mandate which would have commanded respondent Board of Medical Examiners to set aside its decision revoking the license of appellant Jordan Packer to practice psychology. On April 28, 1972, Packer filed a verified petition for writ of mandate in the superior court. (Code Civ. Proc., § 1094.5.) The petition alleged...
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Opinion This is an appeal by the People from an order granting defendants’ motion to set aside the information (Pen. Code, § 995) on grounds that the preliminary hearing magistrate abused his discretion by denying a continuance to permit defendants to look for and produce the informer-participant to substantiate their entrapment defense. The appeal raises a question of first impression as to wh...
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Opinion By his petition for writ of review, the petitioner, an applicant for permanent disability benefits, following denial of his petition for reconsideration, seeks review of an award made by respondent board in an opinion and order granting reconsideration to respondent employer *83 and its decision after reconsideration. Applicant claims benefits for a hearing loss allegedly suffered dur...
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Opinion Plaintiffs Thomas G. Banville and Margaret J. Banville brought an action for rescission of a real estate sale and for damages for negligence, fraud, and misrepresentation. After a nonjury trial, judgment was entered as follows: (1) For plaintiffs and against defendants William D. Schmidt (Schmidt) and Tom Kieman Realtors, Inc. (Kieman Company) in the amount of $12,360, and ag...
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Opinion This is an appeal by defendants from an order denying their motion to vacate the clerk’s entry of default and the default judgment. The record shows that the instant action was commenced on June 29, *139 1971, when plaintiffs, eight foreign investors, filed suit 'against defendant Robert Pollock and eight interlocking companies through which Pollock was doing bus...
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*147 Opinion This matter presents an unusual question and circumstances that warrant the treatment of a motion to augment the record as a petition for a writ of error coram vobis. The facts are as follows: On April 10, 1972, Leon Rollins filed a timely notice of appeal from the judgment in his actions 1 for the wrongful death of his late wife, Rosie Rollins. Mrs. Rollins died after the ...
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Opinion We hold in this proceeding that certain evidence must be suppressed because a so-called “telephonic search warrant,” pursuant to which the evidence was seized, was wholly invalid in the absence of a writing as prescribed by statute. A three-count information filed in respondent court jointly charged petitioners Chester and Mary Bowyer, Keith Robinson and James Thomason with p...
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Opinion — Marjorie A. Petherbridge (“Plaintiff” and “Appellant”) is a borrower of Prudential Savings and Loan Association (“Prudential”). The loan is secured by a deed of trust on real property located in the County of Orange. Under the provisions of her trust deed, plaintiff is required to pay monthly, in addition to principal and interest, a sum estimated by Prudential at 1/12 of the co...
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Opinion Defendant was convicted on two counts of receiving stolen property (§ 496, Pen. Code); on August 7, 1967, proceedings were suspended and he was placed on probation for five years on certain conditons. On October 3, 1972, defendant appeared before Judge Mullendore for a violation of probation which consisted of various acts resulting in two criminal cases in which he was charged wi...
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Opinion Plaintiff appeals from a partially adverse judgment in an action brought to foreclose a deed of trust securing a $10,000 promissory note. *215 The trial court held the underlying transaction was governed by, and in violation of, the Unruh Act (Civ. Code, § 1801 et seq.). As a consequence it awarded plaintiff judgment in the amount of $10,000, but disallowed the lien and all interest. ...
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Opinion The City of Orange brought this action to obtain an injunction compelling the State of California and Pete C. Valenti, Donald A. Bailey, Alex. B. DeFiore, a joint venture (hereinafter “VDB”), to comply with certain local ordinances and the California Environmental Quality Act. VDB owns an office building at 1524 East Mayfair Avenue in the City of Orange which it leased to the state fo...
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Opinion Defendant was charged by information with two counts of forgery. (Pen. Code, § 470.) He pleaded not guilty. Pursuant to stipulation, the cause was submitted on the preliminary hearing transcript. The court found defendant guilty of count I. Proceedings were suspended. Defendant was placed on three years’ probation on various terms and conditions. He appeals from the judgment (order grantin...
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Opinion This is an appeal by Los Angeles County Flood Control District, defendant, to a quiet title action brought by Bert H. Paul, Jr., as trustee for Inner Harbor Land Company. A judgment quieting title to plaintiff to a subsurface property was granted by the trial court. Facts The trial court determined this case based on a stipulated set of facts which, in substance, are as ...
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Opinion Plaintiff Perry Scott appeals from an order of dismissal of his third amended complaint. The complaint sought damages for “defamation; interfering with a contractual relationship; and suffering and emotional distress” while plaintiff was City Manager of the City of Santa Monica. Prior to the dismissal, the court had sustained defendants’ demurrer on grounds of uncertainty and for ...
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Opinion Facts On June 2, 1958, Nicholas S. Alexander (Nicholas) died intestate in Los Angeles County, California. On June 27, 1958, Theodore M. Alexander (Theodore) was issued letters of administration in decedent’s estate in the superior court for said county. In the petition for letters of administration signed and filed by Theodore, he listed himself as “adult son.” *310 ...
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Opinion This is an appeal by the defendant Pacific Employers Insurance Company from a judgment holding it liable to' the plaintiff American Air Equipment, Inc., on a so-called Vehicle Dealer Bond, furnished pursuant to section 11710 of the Vehicle Code. The penal sum of the bond was the statutory $5,000. The judgment in favor of plaintiff and against the defendant bonding company was for $4,575.1 ...
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Opinion Defendants, the state Department of Corporations and its commissioner (hereinafter, collectively, “the Department”), appeal from a declaratory judgment that a diamond sales promotional plan which was advertised and successfully used by plaintiff Hamilton Jewelers (herein *332 after, “Hamilton”) did not constitute the offer or sale of a “security” as defined in section...
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Opinion In this case there are cross-appeals. Plaintiff Lester B. Trout appeals from an order granting him attorney fees because the amount is less than his attorney requested. The appeal of defendant Robert B. Carle *339 son, Director of the California State Department of Social Welfare (the Director), is based upon his claim no fees should have been allowed. Trout, in ...
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Opinion Lawrence Stewart was a probationary teacher employed by the San Mateo Junior College District. As permitted by Education Code section 13443 he was, on or before March 15, 1971, given notice that he would not be employed by the district for the ensuing school year. Stewart timely requested a hearing as provided by section 13443, subdivision (b). Thereafter a hearing was held and proceedi...
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Opinion Defendant appeals from the judgment upon his conviction by the trial court of voluntary manslaughter (Pen. Code, § 192, subd. 1) and second degree murder (Pen. Code, § 187). Although the appeal is from the entire judgment, the only issue on appeal is whether the manslaughter conviction for the killing of defendant’s wife is a felony which can sustain the second degree conviction for the...
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Opinion The issue is whether California may properly exercise personal jurisdiction over petitioner Watson’s Quality Turkey Products, Inc., a New Jersey corporation (“Watson”). The trial court denied Watson’s motion to quash service of summons by real party in interest Manor Poultry Company (“Manor”). We granted an alternative writ of mandate. Facts Real party Manor, a California corporatio...
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Opinion The People have appealed from the dismissal of an action charging a violation of Penal Code section 288a after the sustaining of a demurrer to the information, without leave to amend, upon the ground that the facts stated do not constitute a public offense. The act with which defendants were charged occurred in a public restroom at 3:40 a.m. within the view of a San Diego pol...
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Opinion The condemner and the condemnee have each appealed from a judgment in condemnation after a trial before the court without a jury. The action was commenced by the State of California on behalf of the Department of Water Resources to acquire a right of way for the California Aqueduct and on behalf of the Department of Public Works to acquire a right of way for the construction of the In...
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Opinion The sole issue presented on this consolidated appeal is the constitutionality of Military and Veterans Code sections 1035, 1035.05, 1035.1, 1035.3 and 1038, hereafter sometimes called the “statutes.” (Specific statutory references, unless otherwise stated, will be to the Military and Veterans Code.) There is a Veterans’ Home of California (§ 1011) which is maintained for certain aged and ...
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37 Cal.App.3d 418 (1974) 112 Cal. Rptr. 450 KATHLEEN VAN DEVENTER HAMILTON, Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY et al., Respondents; GERALD VAN DEVENTER, Real Party in Interest. Docket No. 34130. Court of Appeals of California, First District, Division One. February 21, 1974. *420 COUNSEL Schapiro & Thorn and Suzie S. Thorn for Petitioner. No appearance for Respondents. Sing...
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*432 Opinion The question presented on this appeal (apparently as a matter of first impression) is whether Code of Civil Procedure section 580b 1 bars a deficiency judgment, against a borrower and in favor of a lender, after judicial foreclosure and sale of real property under a deed of trust executed by the borrower to secure payment of a “construction loan” (1) which...
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Opinion Defendants (members of the Leone family doing business as “Sherbo Distributing Company”) appeal from a judgment establishing their indebtedness to respondent The Bank of California National Association on three promissory notes executed by Anthony J. Leone, Sr. Two of the notes were executed in September 1968 and the third in October 1969. The proceeds of the first two notes, each in ...
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*457 Opinion Defendant was charged with murder, in violation of section 187 of the Penal Code. After a trial by jury, he was found guilty of voluntary manslaughter, a lesser and necessarily included offense. He was sentenced to state prison; he has appealed; we affirm. The evidence for the People, if properly admitted and believed, amply supports the jury’s verdict. Accordingly, we summariz...
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Opinion Defendant County of Butte appeals from the judgment of the trial court which held among other things that the formula used by defendant in assessing timberlands of plaintiff Georgia-Pacific Corporation, now Louisiana-Pacific Corporation, was illegal and which directed a new hearing to be conducted by defendant’s Assessment Appeals Board. Plaintiff, in turn, has filed a cross-appea...
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Opinion On November 14, 1973, petitioner filed a petition for writ of prohibition alleging, in general, that the provisions of section 1381 of the Penal Code were not complied with. On November 29, 1973, we granted an order to show cause. Facts On December 15, 1970, petitioner was convicted of forgery (Pen. Code, § 470) in San Joaquin County. On May 24, 1971, petitioner was sentenced to sta...
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Opinion Appellant Lonnie Jackson, found guilty by a jury of two counts of first degree robbery (Pen. Code, § 211a) and two counts of using a firearm during the commission of the robberies (Pen. Code, § 12022.5), appeals from the judgment entered pursuant to the verdict. At noon on September 8, 1972, a lone gunman who on two previous occasions in the company of a female companion had visited a...
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Opinion Plaintiff Anneliese Martinez appeals from an adverse judgment in her action against defendant, a stockbroker. She contended that defendant converted her property by selling shares of stock in Cutter Laboratories, Inc. (Cutter) represented by certificates in the name of plaintiff and her husband, Frank, and thereafter delivering all of the proceeds to him. In a non-jury trial the court fou...
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Opinion These two cases involve related problems concerning the procedures proper in cases of revocation of probation in the light of Morrissey v. Brewer (1972) 408 U.S. 471 [33 L.Ed.2d 484, 92 S.Ct. 2593], as construed in People v. Vickers (1972) 8 Cal.3d 451 [105 Cal.Rptr. 305, 503 P.2d 1313]. We have consolidated them for the purpose of this opinion. In each case, defendant had bee...
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Opinion This appeal from an order granting the public defender’s petition for a writ of mandamus raises a question of first impression: whether the assertion of a conflict of interest with an unnamed client in another proceeding by an attorney is sufficient to permit his withdrawal from a case to which he has been appointed. Appellant maintains that the attorney should be required to make a sho...
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*539 Opinion In an amended petition for a writ of mandate Donald A. Radesky (hereafter Radesky), a police officer for respondent City of Los Angeles (hereafter the City), sought to compel the payment to him of temporary disability compensation pursuant to section 4.177 of the Los Angeles City Administrative Code. The City interposed a demurrer to Radesky’s amended petition, ...
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Opinion Originally defendant was charged with six counts. Ultimately count I (which had charged a violation of § 217 of the Pen. Code) was dismissed and the remaining counts were renumbered. After various ■ proceedings to determine defendant’s capacity to stand trial (Pen. Code, § 1368), he was found guilty by a jury on all five remaining counts, sane during the commission of the offenses charged ...
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*556 Opinion An indictment was filed on October 29, 1969, charging defendant Tomy Isuki Hwamei, also known as Baltazar Garcia Estolas, with the murder of Pellegrino Chiari (count I); with the murder of Giosue Mariani (count II); armed robbery while armed with a deadly weapon (count III); kidnaping to commit robbery of Lydia Reynaga (count IV); kidnaping to commit robbery of Ramona Reynaga (co...
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Opinion Plaintiff (wife) filed an action for divorce on May 4, 1965; summons and complaint therein were served on defendant (husband) on May 6,1965. 1 On May 14, 1965, a stipulation, executed by both parties and by counsel for plaintiff was filed. That stipulation, in addition to reciting agreement as to custody of children, temporary support and division of community property, contained a pr...
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Opinion Plaintiff (appellant herein) was employed by Metro-Goldwyn-Mayer, Inc. (MGM), as a regular chief set electrician. He was laid off from work effective February 12, 1971. He contended that the discharge was in violation of a clause of a collective bargaining agreement allegedly guaranteeing his employment. Grievance procedures initiated by plaintiff and his local union, Local 728, S...
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Opinion Sears, Roebuck & Company, as real party in interest, appeals from a judgment of the superior court ordering a writ of mandate and requiring the California Unemployment Insurance Appeals Board to set aside its decision in an administrative proceeding entitled In the Matter of Jean C. Young, No. 71-7977. The decision of the board had, in turn, reversed the decision of its referee an...
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Property Damage Appeal Plaintiff is a corporation engaged in the rock, sand and gravel business. On April 25, 1966, a 1956 International truck owned by it was totally destroyed after a blowout of the right front tire. The tire that failed was a Seiberling truck tire which plaintiff had purchased on August 16,1965, from Bill Watson who did business as Bill’s Tire Service in Modesto. At the ...
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37 Cal. App. 3d 623 (1974) 112 Cal. Rptr. 457 SUZON KORNBLUM, Plaintiff and Appellant, v. NEWARK UNIFIED SCHOOL DISTRICT, Defendant and Respondent. Docket No. 31534. Court of Appeals of California, First District, Division Two. February 28, 1974. *624 COUNSEL White, Giambroni & Walters, Huovinen, White & Giambroni and Francis R. Giambroni for Plaintiff and Appellant. Richard J. Moore, Cou...
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Opinion Samuel Borson appeals from a judgment ordering him to pay in a marital dissolution proceeding, pursuant to Civil Code sections 4370 and 4371, Block, Bulloch & Scully and Morris Singer, the former attorneys of his former wife, Sophia Borson, additional fees in the sum of $7,500 and additional litigation expenses in the sum of $1,027.40 together with interest. Appellant asks us...
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Opinion Plaintiff, Majestic Realty Co., appeals from a judgment of dismissal (see Code Civ. Proc., § 58Id), entered pursuant to Code of Civil Procedure section 581, subdivision 3, of its action against defendant, Pacific Lighting Corporation (PLC), following the sustaining without leave to amend of PLC’s general demurrer to plaintiff’s second amended complaint. Plaintiff contends that PLC’s genera...
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Opinion Plaintiff-Appellant Assistance, Inc. (Assistance) is the owner of the vessel Willis Shank. On October 5, 1967, but as of September 15, 1967, Assistance, as owner, entered into a bareboat charter agreement with Geophysical Aero-Marine Services, Inc. (GAMS). On September 15, 1967, GAMS entered into a time charter agreement with “Geotech, a Teledyne company.” The latter’s correct name is app...
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Opinion This is an appeal from a dismissal of appellant’s third cause of action on the ground that the court lacked jurisdiction to consider the action. In brief, respondent Adolph Coors Company (hereinafter, Coors) is a corporation organized and existing under the laws of the State of Colorado and is authorized and qualified to do business in the State of California. Coors manufactu...
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37 Cal. App. 3d 667 (1974) 112 Cal. Rptr. 502 SAN FRANCISCO STREET ARTISTS GUILD, et al., Plaintiffs and Appellants, v. DONALD SCOTT, as Chief of Police, etc., et al., Defendants and Respondents. Docket No. 32355. Court of Appeals of California, First District, Division Four. March 1, 1974. *669 COUNSEL Charles C. Marson, Paul N. Halvonik and Robert Kantor for Plaintiffs and Appellants. Thomas M....
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*679 Opinion On June 23 and July 18, 1972, two petitions were filed in the juvenile court alleging that defendant, Clarence B., came within the provisions of Welfare and Institutions Code section 602. The two petitions were consolidated and after a hearing, paragraphs II, IV, and VI of the second petition, alleging two violations of Penal Code section 261, subdivision 2 (rape) an...
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Opinion On September 6, 1972, plaintiff and respondent, hereinafter referred to as plaintiff, filed a petition for writ of mandate against the Sacramento County Board of Education, its members individually, and Sacramento County Committee on School District Organiza *686 tion and its members individually, alleging that the seven trustee areas of the Sacramento County Board of Education did no...
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Opinion The sole question in this appeal is whether a tax lien for unsecured personal property taxes recorded against real property of the taxpayer by filing of a certificate pursuant to Revenue and Taxation Code sections 2191.3, subdivision (d), and 2191.4 1 takes priority over a prior recorded homestead. The trial court held that the homestead exemption is good against the ta...
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I dissent. The majority concludes, and I think correctly, that the case against the defendant was a strong one. Thus, even if the statements of the prosecutor and the single jury instruction are considered to be error, a point which I do not concede, the majority opinion needlessly erodes the harmless error rule. We have yet to reach the day in which a totally error-free record can be expected and...
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Opinion This appeal involves an election contest arising from the election of a county supervisor in the Fifth Supervisorial District of Trinity *732 County at the general election held on November 7, 1972. There were three candidates, George Raymond Willburn, the plaintiff and respondent (hereinafter referred to as “contestant” or Willburn), Eugene Wixson, defendant and appe...
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*742Opinion By petition for writ of review the petitioning employee seeks an adjudication annulling, vacating and setting aside an opinion and decision of respondent board after reconsideration (involving a complete rehearing), which affirmed a referee’s earlier findings, awards and orders which ordered that applicant take nothing, other than medical-litigation costs on an amount to be adjusted b...
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*777 Opinion Petitioners Rutherford, Strohbeen and Tremaine, nurses employed by the Bellflower Unified School District, sought to review an administrative decision (Code Civ. Proc., § 1094.5) by means of a writ of mandate directing the respondents, the five elected members of the Board of Trustees of the Bellflower Unified School District (hereinafter referred to as the Board), t...
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Opinion This is an appeal by the People and Lester J. Pope, Superintendent of the California Medical Facility (hereinafter jointly referred to as “appellants”) from an order made by the trial court in a habeas corpus proceeding permitting counsel for Roy Victor Olson and Charles Carter (hereinafter “petitioners”), inmates of the California Medical Fa *785 cility at Vacaville ...
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37 Cal.App.3d 792 (1974) 112 Cal. Rptr. 626 RICHARD C. GREENBERG, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, ROYAL DRUG COMPANY, et al., Respondents. Docket No. 13286. Court of Appeals of California, Fourth District, Division Two. March 7, 1974. *793 COUNSEL Charles R. Metcalfe, Nicholas C. Byhower and Richard W. Petherbridge for Petitioner. Samuelsen, Bolson, Whitehead & Benes and ...
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Opinion Plaintiff, the widow of Eugene F. Ayer, appeals from a judgment of nonsuit entered in her action to recover damages for Ayer’s death in the crash of a private aircraft piloted by respondent Buscaglia and owned by Buscaglia and respondent Boyle. The action was tried upon allegations that Ayer’s death was caused by the negligence and willful misconduct of respondents. We hold that t...
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Opinion Ogo Associates (Ogo), a partnership, and Torrance Properties (Properties), a limited partnership, appeal a judgment of the superior court denying their petition for a writ of mandate to compel the City of Torrance (Torrance) to issue Ogo a permit to build a federally financed 86-unit apartment project for persons with low incomes. Properties owns approximately three acres of ...
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*838 Opinion This original proceeding was brought here to review an order of the superior court suppressing as evidence certain stolen automobile parts and the observations of police officers made from a helicopter and from a neighbor’s yard. The superior court accepted the officers’ testimony as true, but concluded that their conduct amounted to an unlawful search under the principles discus...
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Opinion On this appeal by plaintiffs from a summary judgment in favor of defendants the sole issue is whether a $20,000 payment made by an insurance carrier satisfied the liability of defendant parents for the personal injuries sustained by plaintiff Elanore K. Dow (hereinafter “Elanore”) as the result of the negligence of the son of said defendants. We answer this question in the affirmative a...
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Opinion Petitioners appeal from the superior court’s judgment of dismissal entered after a demurrer to their first amended petition for a writ of prohibition/mandamus and/or declaratory relief was sustained without leave to amend. 1 Petition The first amended petition alleged the following facts. Petitioners own, operate and manage the Guild Theater, the Academy Theater ...
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Opinion Defendant Mitten was charged in the Contra Costa County Superior Court with the crime of being an accessory, as defined and proscribed by Penal Code section 32. Specifically he was charged as an accessory to two crimes of murder, the details of which we shall presently discuss. Penal Code section 32 provides: “Every person who, after a felony has been committed, harbors, conceals or a...
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Opinion Andrew J. Carden (plaintiff) was employed by Unigas, Inc. (employer) as a truck driver. Employer is a supplier of propane gas and plaintiff’s duties required him to drive a tank truck to the premises of the employer’s customers and transfer the propane gas from the truck to the customer’s storage tank. Otto’s Ranch (defendant) was one such customer. On July 12, 1966, plaintif...
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Opinion On February 25, 1972, defendant, pursuant to a plea bargain, plead guilty to a violation of section 11531 of the Health and Safety Code (sale of marijuana). Judgment was suspended and defendant was placed on probation for two years on the condition he serve six months in the county jail. Another condition was that defendant “submit his person and property to search [and] seizure at any ...
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Opinion Defendant Danny Calloway was found guilty of burglary (second degree) by a jury and applied for probation. After referral to the Department of Corrections for a diagnostic study pursuant to Penal Code section 1203.03, his application for probation was denied and he was committed to the California Youth Authority. On appeal he raises no issues related to his trial and conviction, but ass...
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Opinion Respondent district sought and was granted judicial authorization to discharge appellant upon grounds of unprofessional conduct, evident unfitness for service, and persistent violation of school laws and regulations. (Ed. Code, § 13403, subds. (a), (e) and (g); § 13403.5.) The teacher appeals. Appellant points to a statute (Ed. Code, § 13407) which requires written notice of the “unpr...
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Opinion As will appear in further detail, the appeals herein present the following factual situation: Respondent Alameda County Water District maintains a program through which it regularly replenishes the natural underground water supply within its territorial jurisdiction by forcing stored water below ground in a process of percolation. Appellants are the operators of deep “pits” (or “q...
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*940 Opinion Petitioner and defendant Norman Walker, Jr., was charged in one information with possession of a concealable firearm by an ex-felon (count I, Pen. Code, § 12021) and armed robbery (count II, Pen. Code, § 211). The information also alleged that defendant had been convicted of “robbery and narcotics violations” on July 20, 1967, and June 25, 1968. After being held to answer at the ...
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Opinion Defendant William Kenneth Higbee was charged with and convicted of possession of a concealable firearm by a former felon (Pen. *946Code, § 12021). After motions to dismiss the case (Pen. Code, § 995) and to suppress the evidence (Pen. Code, § 1538.5) had been denied, defendant submitted the case on the preliminary transcript, with appropriate waivers. He was found guilty and sentenced to 9...
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*954 Opinion This is an appeal by the People (Pen. Code, § 1238, subd. (a)(1)) from an order granting defendant’s motion under section 995 of the Penal Code and setting aside a two-count information which charged him with selling and possessing marijuana. Mickey Bennett was a police officer for the City of Long Beach. At about 7:15 p.m., November 20, 1972, Bennett, who was off duty and out ...
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37 Cal.App.3d 958 (1974) 112 Cal. Rptr. 739 VERAGENE HARDY, Plaintiff and Appellant, v. WILLIAM F. STUMPF et al., Defendants and Respondents. Docket No. 32689. Court of Appeals of California, First District, Division Three. March 15, 1974. *960 COUNSEL Clifford C. Sweet, Suzanne Mounts, Thomas Fike and Carolyn E. Jones for Plaintiff and Appellant. Edward A. Goggin, City Attorney, and William C. S...
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Opinion Eduardo Melendez seeks habeas corpus, contending that he was denied due process of law in proceedings which led to the revocation of his parole. On November 15,1968, petitioner was sentenced to state prison for violation of Penal Code section 261, subdivision 3 (forcible rape). He was paroled on July 8, 1971, and obtained employment as a marine cook. On October 16, 1972,...
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Opinion A jury found defendant guilty of arson (§ 447a, Pen. Code) and attempted arson .(§ 451a, Pen. Code). He appeals from the judgment. There is no challenge to the sufficiency of the evidence to support the judgment; appellant’s prime contention is that he was deprived of a fair trial because of certain procedural matters. His first claim is a denial of due process which he asse...
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Opinion Petitioner appeals denial by superior court of his petition for writ of mandamus. Petitioner sought to compel respondent Insurance Commissioner (Commissioner) to issue petitionér a life and disability insurance agent license. After a hearing, Commissioner denied the application on the basis that (1) petitioner was “not of good business reputation” (relying on Ins. Code, § 1668, subd. (d...
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Opinion A Southern Pacific train ran over a pedestrian, resulting in the amputation of the man’s legs. The pedestrian’s lawsuit charged wilful misconduct and negligence on the part of the train crew. The jury returned a $175,000 general verdict in his favor. The railroad’s appeal is predicated on two grounds: (1) the court erred in the jury instructions (mainly, in allowing the wilful miscond...
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*1018 Opinion The sole issue on this, appeal is whether a financing statement filed by plaintiff (GECC) pursuant to Commercial Code section 9402 was sufficient to perfect its security interest in a mobile home. On November 18, 1970, GECC entered into a security agreement with Landes Enterprises, Inc., dba Landmark Mobile Homes (Landes), pursuant to which it acquired a security interest in, ...
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Opinion The State of California (“State”), as petitioner, seeks a writ of prohibition to restrain and enjoin respondent court from continuing to hear a negligence action brought by the real party in interest, American Indemnity Company ( “American” ). In support of its petition, the State notes that, under section 845.8, subdivision (a) of the Government Code, 1 its entities and employees are...
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Opinion Plaintiff Joseph Gonzales filed an amended complaint seeking to cancel a trustee’s deed and redeem property sold at a trustee’s sale. He also sought punitive damages from the defendants, Gem Properties, Inc., and Max D. Kessler. After a trial by the court, judgment was entered for the plaintiff; the trustee’s sale was declared void and the deed of the trustee invalid. Defendants w...
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Opinion By information, defendant was charged in count I with transportation of marijuana in violation of then Health and *1040 Safety Code section 11531 and in count II with possession of marijuana for sale in violation of then Health and Safety Code section 11530.5. Defendant’s motions pursuant to Penal Code sections 995 and 1538.5 were denied. The cause was submitted to the court after a...
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*1048 Opinion Appellant contends that he was denied the right to have counsel present during interrogation, that the provisions of section 851.5 of the Penal Code should have applied during the custodial interrogation, and that the evidence was insufficient to establish the voluntariness of his confession. The record indicates no attempt on the part of appellant to secure a certificate of p...
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I concur in the affirmance of the order granting a new trial. But, in my opinion, a new trial should not be necessary and the trial court’s order denying the motion for judgment notwithstanding the verdict should be reversed. The majority opinion contains a scholarly and exhaustive analysis of the problems faced by a large affluent manufacturer in trying to protect itself against a jury simply awa...
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Opinion In these 16 consolidated actions, we consider the right of appellants, taxpayers, to recover ad valorem personal property taxes paid without first pursuing their administrative remedies before the county *36 board of equalization to reduce their assessments. We conclude that the facts 1 which govern our action do not excuse appellants from their duty to exh...
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*49Opinion In these three consolidated appeals from judgments of the superior court denying recovery of ad valorem taxes paid by appellants (Taxpayers) upon their business personal property, Taxpayers contend that the procedure for assessment of tax denied them an adequate administrative remedy and that the administrative process and procedures of judicial review denied them equal protection of t...
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*58Opinion In these companion appeals to Westinghouse Elec. Corp. v. County of Los Angeles, ante, page 32 [116 Cal.Rptr. 742], and American Chemical Corp. v. County of Los Angeles, ante, page 45 [116 Cal.Rptr. 751], both certified for publication and filed concurrently with this opinion, appellants raise essentially the same issues discussed in Westinghouse Electric and American Chemical, supra. T...
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Opinion In this companion appeal to Westinghouse Elec. Corp. v. County of Los Angeles, ante, page 32 [116 Cal.Rptr. 742], and American Chemical Corp. v. County of Los Angeles, ante, page 45 [116 Cal.Rptr. 751], both certified for publication and filed concurrently with this opinion, appellant raises essentially the same issues discussed in Westinghouse Electric and American Chemical, supra. To the...
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Opinion In these companion appeals to Westinghouse Elec. Corp. v. County of Los Angeles, ante, page 32 [116 Cal.Rptr. 742], and American Chemical Corp. v. County of Los Angeles, ante, page 45 [116 Cal.Rptr. 751], both certified for publication and filed concurrently with this ojpinion, appellants raise essentially the same issues discussed in Westinghouse Electric and American Chemical, supra. To ...
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*68 Opinion Introduction This is an appeal by plaintiffs from a judgment in favor of defendant William G. Morez, as special administrator of the estate of Percy Thornton, deceased, in a personal injury and wrongful death action arising out of a motor vehicle accident. The Case On June 13, 1970, a vehicle, owned and operated by Percy Thornton and in which Nellie Cum...
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Opinion Earl Graver appeals from the denial of his petition for a writ of mandate. Appellant injured his back in 1959 while working as a police officer. He thrice applied to the board of pension commissioners for a disability pension, claiming that his back injury made it impossible for him to perform the regular duties of a police officer. Said applications were *78 denied in 1961, 1967 and ...
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Opinion James William Murphy appeals the judgment of conviction after a jury trial for possession of heroin for sale. (Health & Saf. Code, § 11351.) Facts On the afternoon of 4 April 1973 police narcotics officers executed a warrant to search Murphy’s house on Aztec Street in Sylmar for narcotics and narcotics paraphernalia. On their first search of the house the officers discov...
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Opinion Following a jury trial appellant was convicted in two counts of violating Penal Code section 451a1 and Penal Code section 12303.3.2 The evidence showed that in the early morning hours of February 12, 1973, appellant had an argument with Mr. Irwin Blickenstaff. Appellant stated: “ ‘I am going to get you’ ” or “ ‘[y]ou old gray-headed son of a bitch. I will go home and get my .38 and come b...
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Opinion Appellant, Stephen Helsley, is an undercover agent for the Bureau of Narcotics of the State of California. He brought this action in the court below against respondents, the County of Kern and Kenneth Lisenbee, a deputy sheriff employed in the sheriff’s office of that county, to recover damages for personal injuries resulting from a gunshot wound sustained while appellant and Lisenbee were...
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Opinion In these proceedings by way of habeas corpus and certiorari, petitioner, an attorney, seeks to annul orders of the Solano *115 Court adjudging him in direct contempt and imposing sentences totaling 54 days in jail and fines totaling $3,200. 1 The conduct found to be contemptuous occurred in the immediate view and presence of the court between August 14, 1...
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*137 Opinion The County of Sacramento, petitioner herein, seeks a writ of mandate or prohibition to compel respondent superior court to grant petitioner a jury trial of factual issues involved in a proceeding instituted by the real party in interest, Roger E. James, wherein James asked relief under Government Code section 946.6 from the tort claim filing requirements of that code...
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*146 Opinion Appellant, Unarco Industries, Inc., appeals from judgment in favor of respondent, Southern Pacific Company, on appellant’s cross-complaint against respondent and on respondent’s cross-complaint against appellant. Questions Presented 1. Evidence concerning condition of swivel pin properly admitted. 2. The jury passed on the issue of respondent’s alleged negligence. 3. No w...
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*156 Opinion This appeal involves the constitutionality of a city charter provision establishing a one-year residence requirement for city council candidates. 1 The petitioners, Susan Smith and Tom Lundy, commenced a superior court mandate proceeding against the Chico City Clerk. Both alleged that they had requested nomination papers to qualify as city council candidates at the municipal ...
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*168 Opinion Appellants Louis Fox and Harold Fox seek reversal of the superior court’s order granting respondents’ motion for summary judgment. Appellants’ action sought damages for breach of contract by decedent, William Dehn. In their pleadings before the superior court, respondents successfully contended that the action (filed moré than five months after rejection of appellant...
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Opinion Plaintiffs David and Phyllis Blackburn filed an action based on malicious prosecution against defendants County of Los Angeles (County) and certain individual employees of the county department of public social services (DPSS), Dorothy Gentry, Mary Meyer, and Mildred Reed. The trial court sustained the County’s demurrer to plaintiffs’ amended complaint without leave to amend and d...
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Opinion Plaintiff and cross-defendant Joaquin G. Lobro appeals from a judgment in favor of defendant and cross-complainant Carrie B. Watson, determining the latter to be the owner of a particular piece of realty in Los Angeles County, hereinafter referred to as Lot 14. The litigation arose out of a quiet title action brought by plaintiff against Carrie Watson both in her individual capacity a...
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Opinion Bank of America (hereinafter “Bank”) appeals following judgment dismissing its petition filed under Code of Civil Procedure section 1094.5, for writ of mandate against State Water Resources Control Board (hereinafter “Board”). The petition before us initially challenged the validity of two conditions which the Board attached to its decision granting Bank’s application to appropria...
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Opinion Defendant Aquarius Electronics, Inc. (“Aquarius”) appeals from a judgment obligating it to make payments to plaintiff under a royalty agreement. In November 1969 Frank Bakerich (“Bakerich”), the majority shareholder of Aquarius, approached plaintiff at his home in Little River, California. Bakerich had heard that plaintiff, an electronics researcher and consultant, was workin...
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Opinion Suing for himself and as guardian ad litem for his minor son, Kelly Niles, David F. Niles has taken judgment in the amount of $4,025,000 against the City of San Rafael, the San Rafael City School District, Mt. Zion Hospital, and Dr. David Haskins. The judgment was entered on a jury verdict in that amount establishing defendants’ liability for injuries which have totally and perman...
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Opinion Billy Gene Hinson seeks review of a' decision of the Workmen’s Compensation Appeals Board denying his petition for reconsideration of the referee’s finding that by reason of the “going and coming rule” his injury did not arise out of and occur in the course of his employment. Hinson was injured on January 5, 1973, when his pickup collided with another vehicle on Highway 33 as he was drivin...
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Opinion Plaintiff appeals from order of dismissal following sustaining of a demurrer without leave to amend. The complaint, the allegations of which we accept as true for the purpose of this review (O’Keefe v. Atascadero County Sanitation Dist., 21 Cal.App.3d 719, 730 [98 Cal.Rptr. 878]; Kleiner v. Garrison, 82 Cal.App.2d 442, 447 [187 P.2d 57]; Mackay v. Clark Rig Bldg. Co., 5 Ca...
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Opinion Unlawful detainer. Defendant Continental Parking Corporation, the lessee, appeals from a judgment for money damages and possession in favor of plaintiff American National Insurance Company, the lessor. *263Facts In March 1970, plaintiff lessor and defendant lessee entered into a 25-year written lease for a multi-level parking structure located at 534 South Spring Street in Los Angeles.1 T...
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Opinion This is an appeal from a judgment enjoining the City of Berkeley (hereinafter referred to as “City”) and its director of department of parks and recreation from interfering with the use of certain lawn bowling greens in the City by the Berkeley Lawn Bowling Club (here *285 inafter referred to as “Club”). As will appear, we have concluded that the trial court correctly...
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Opinion On October 23, 1972, a man carrying a .32 automatic pistol and wearing a knit stocking ski cap pulled down over his face entered the Bottle n-Cork Liquor Store in Modesto, California; he approached James Hertzell, an employee at the store, and said, “Shh, I know there’s somebody in the back.” Then, the gunman ordered the employee to hand over the money in the cash register and his walle...
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*303Opinion Michael Gerald Herdan appeals from a judgment, entered upon a plea of nolo contendere of violation of Health and Safety Code section 11530.5 (now § 11359), possession for sale of marijuana, after the trial court denied his motion to suppress certain evidence as having been obtained pursuant to an allegedly unreasonable search and seizure. (Pen. Code, § 1538.5.) The appeal lies. (Pen. C...
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Opinion An alternative writ of mandate was granted pursuant to the provisions of section 400 of the Code of Civil Procedure to review the action of the trial court in denying petitioner’s motion for a change of venue which was predicated upon the provisions of section 394 of that *314 code. 1 In support of the order it is contended that the provisions of the sectio...
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Opinion Plaintiff Richard M. Frisk appeals from a judgment entered on a directed verdict denying him recovery in a defamation action. *322 The settled statement submitted on appeal pursuant to rule 7 of the California Rules of Court indicates that appellant was a certificated high school teacher in the Richmond Unified School District and a duly licensed California attorney,...
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Opinion This is an appeal by two Monterey teacher organizations 1 and one of their officers 2 (teachers) from a judgment denying their petition for a writ of mandate and a preliminary injunction against the Monterey Peninsula Unified School District (district). The matter presents a question of first impression: whether the development and adoption of teacher evaluat...
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42 Cal.App.3d 353 (1974) 116 Cal. Rptr. 675 THE PEOPLE, Plaintiff and Respondent, v. JON WAYNE VERMOUTH et al., Defendants and Appellants. Docket No. 5477. Court of Appeals of California, Fourth District, Division One. October 4, 1974. *355 COUNSEL Barry Tarlow for Defendants and Appellants. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Daniel J. Kremer, ...
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Opinion Appellant, Codding Enterprises, was the owner of a 5-acre parcel of unimproved land in the City of Merced which was zoned for the construction of 107 apartment units. In October of 1972 appellant *377 sold the five-acre parcel to a third party, but before the parcel could be conveyed city ordinances required appellant to obtain permission from the city for a lot split...
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Opinion Plaintiff sought to recover damages for personal injuries allegedly suffered in an automobile accident, and similar damages, together with punitive damages for alleged fraud in inducing her to release the claim for damages arising out of the accident. She has appealed from an adverse judgment following a requested court trial on the issues of the interpretation of the release, and...
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Opinion This is an appeal by a probationary teacher from a judgment denying his petition for a writ of mandamus compelling a junior college district to set aside its decision not to reemploy him for the school year 1970-1971. The evidence, which is without conflict in most respects, may be summarized as follows: In August 1967, plaintiff Raphael Krausen was employed as a full-time probationar...
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Opinion Plaintiff Jennie R. Jiminez appeals from judgment of the Sañta Cruz County Superior Court in favor of defendant. Question Presented Decedent was a “prisoner” as that term is used in section 844.6 of the Government Code. Record Plaintiffs Jennie R. Jiminez, Linda' Bray, and Jennie R. Jiminez as Guardian ad Litem for Edward Padilla, Angelina Padilla, Andy Padilla...
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Opinion Elmo Germany, Jr., and Danny Robert Thomas were convicted by a jury of voluntary manslaughter, a lesser included offense within the charged crime of murder. (Pen. Code, §§ 187, 192, subd. 1.) On this appeal from the judgments they urge error regarding instructions on the element of intent in voluntary manslaughter and that self-defense was established as a matter of law. As to the appel...
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Opinion Applicant’s petition for writ of review was denied by this court May 22, 1974. The Supreme Court granted petition for hearing, and directed us to issue a writ to be heard before us. We accordingly issued the writ, and heard oral argument upon the merits. The Supreme Court’s order directed our attention to two decisions (Solomon v. Workmen’s Comp. Appeals Bd., 24 Cal.App.3d 282 [100 Cal.Rpt...
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Opinion Appellant, one of three surviving children of the testator, Frank P. Ghiglia, challenges the validity of a testamentary trust established for the benefit of appellant, his sister and their children (testator’s grandchildren), on the ground that the gift to the grandchildren of a future interest in the trust estate, the possession of which is deferred until the youngest grandchild ...
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*446Opinion Henry Dave Gentry, defendant, has appealed from each of two judgments imposing concurrent sentences in two unrelated criminal proceedings. In case No. CR-26253, defendant was charged, on April 27, 1972, with possession of marijuana in violation of Health and Safety Code section 11530 (now § 11357), to which he entered a plea of guilty. On November 29, 1972, he was granted probation sub...
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Opinion Calvin Perry, defendant, has appealed from a judgment imposing concurrent sentences to prison after a jury had found him guilty of possessing a sawed-off rifle (Pen. Code, § 12020) and of being in possession of a concealable firearm after he had previously been convicted of a felony (Pen. Code, § 12021). The judgment also imposed a jail sentence, execution of which was suspended, for a ...
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*463 Opinion Plaintiff is engaged in the business of leasing mobile structures known as relocatable offices. These relocatable offices are designed and built for human occupancy for industrial, professional or commercial purposes. They are manufactured with an undercarriage consisting of permanent wheels and axles. They are leased to companies that need temporary offices and...
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Opinion Petitioner (“Employee”) seeks review of an order granting reconsideration and decision after reconsideration of the Workmen’s Compensation Appeals Board (“Board”). We granted the petition for writ of review to examine the action of the Board in light of Lamb v. Workmen’s Comp. Appeals Bd., 11 Cal.3d 274 [113 Cal.Rptr. 162, 520 P.2d 978]. After mature reflection, we have concluded that the...
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*480 Opinion David P. Sorben is a licensed chiropractor. Since October 1973, Sorben has been treated on a voluntary basis for alcoholism at the Crisis and Referral Center, Riverside, California (hereinafter “Center”). Personnel of the Center made and maintain records relating to Sorben, including dates of visits, diagnosis, evaluation and treatment. These records are subject to t...
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Opinion Petitioner seeks a writ of mandate ordering respondent superior court to file his notice of appeal from its order denying him credit for the time he was detained in the county jail pursuant to a parole hold while awaiting trial on pending criminal charges. Since the relief sought is properly the subject of relief by way of habeas corpus we have treated the petition as one for habeas cor...
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*498 Opinion Action for damages and injunctive relief under the Unfair Practices Act (“the Act”). Plaintiffs Paramount General Hospital Company, a limited partnership, and Paramount General Hospital, Inc., appeal from a judgment in favor of defendant National Medical Enterprises, Inc., and various individual defendants, after the trial court sustained defendants’ general demurrer...
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*507 Opinion In this proceeding in prohibition, 1 petitioner Robert L. Charbonneau, an attorney, seeks to set aside an order of the Los Angeles Superior Court adjudging him in contempt of court and sentencing him to jail for two days. In brief, petitioner represented the plaintiffs in two (consolidated) cases. The basis for the claimed liability of defendants was ...
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Opinion Defendants Warner Consolidated Corporation and Warner National Corporation (hereinafter “Warner”) appeal from a preliminary injunction restraining presentation of documents necessary to obtain payment under a bank letter of credit. The instrument had been procured by respondent Donald P. Steinmeyer (hereinafter “Steinmeyer”) to assure payment of sums owing upon the purchase by him...
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*537 Opinion Defendants Helen Vallesteros and Gail Constancio were jointly tried and convicted by jury of possession of heroin (Health & Saf. Code, § 11350). Additionally, the jury convicted defendant Constancio of possession of amphetamines (Health & Saf. Code, § 11350) and possession of paraphernalia for the use of a controlled substance (Health & Saf. Code, § 11364). Defendant...
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Opinion This is Williams’ second appeal to this Court in this case. In our first opinion, filed September 28, 1973 (nonpublished, hearing denied), this matter was returned to the trial court for resentencing because of confusion in the handling of two prior convictions at the time of sentencing. At resentencing the trial court struck the two prior convictions and otherwise left the sentence the sa...
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Opinion This appeal has been transferred to our court from the Appellate Department of the Alameda County Superior Court, under the authority of rule 63 of the California Rules of Court. Defendant June Untiedt had been found guilty by a jury of a violation of Penal Code section 597f in the Fremont-Newark-Union City Municipal Court. Upon her appeal from the judgment thereafter entered, the onl...
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42 Cal.App.3d 556 (1974) 117 Cal. Rptr. 24 PEOPLE ex rel. CECIL HICKS, as District Attorney, et al., Plaintiff and Respondent, v. SARONG GALS et al., Defendants and Appellants. Docket No. 13235. Court of Appeals of California, Fourth District, Division Two. October 18, 1974. *559 COUNSEL Hecht, Diamond & Freis and Roger Jon Diamond for Defendants and Appellants. Cecil Hicks, District Attorney...
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Opinion Plaintiff appeals from a judgment (order of dismissal) which followed the trial court’s sustaining of defendants’ demurrer to plaintiff’s first amended complaint. Facts Alleged Defendant Roden is an attorney and the partner, of the other defendants. On July 7th and 8th, 1970, Roden represented one Gattis at a preliminary hearing which followed a complaint charging Gattis and one Man...
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Opinion In this dissolution of marriage proceeding the primary question presented on appeal is whether the trial court used a proper method of evaluating the goodwill attributable to appellant’s medical practice. It is conceded by appellant that any goodwill attributable to his medi *580 cal practice is community property. 1 A determination by us that a proper eval...
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Opinion Plaintiffs, Gordon and Margaret Banerian, appeal from a judgment of dismissal entered after the trial court sustained, without leave to amend, defendant William O’Malley’s demurrer to the third count of plaintiffs’ complaint. 1 The third count of the complaint incorporates various factual allegations from the other five counts of the complaint. In order to understand ...
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Opinion Consolidated appeals by defendants Eleanor W. Felts and Clay H. Felts from judgment of the Alameda County Superior Court in favor of respondent Members Insurance Company and from order of said court denying petition for order of arbitration Question Presented The questions of whether Travis Felts had an insurable interest in the policy and whether there was an effective ...
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Opinion The matter at bench reaches us on a judgment of dismissal of appellant’s amended petition for writ of mandate entered after respondent’s demurrer to the petition was sustained without leave to amend. It raises the issue of the applicability of the “law enforcement member” disability retirement provisions of Government Code section 20017.77 to a teacher employed by the California Youth Auth...
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Opinion Janice Christensen Banks appeals from a judgment of marital dissolution insofar as her request for restoration of maiden name was denied. The cause was tried very briefly as an uncontested matter. Pertinent to this appeal is the following colloquy, which occurred just before the taking of testimony, between the court and counsel for the wife: “Mr. Crenna: . . . The Court shall also ...
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Opinion Plaintiffs are the Black Panther Party and the California Legislative Council for Older Americans, both unincorporated associations. Defendants are the Director of the State Department of Consumer Affairs and the Chief of the Bureau of Collection and Investigative Services. Plaintiffs seek judicial enforcement of their demand for inspection of letters of complaint from individuals, chargi...
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Opinion This is an appeal from a judgment in favor of the plaintiff, Chrysler Credit Corporation (1) against defendant Harold J. Ostly, Tax Collector for the County of Los Angeles, and the County of Los Angeles (hereinafter collectively referred to as County), and (2) against William A. Ramsell, Tax Collector for the City of Long Beach, and the City of Long Beach (hereinafter collectively...
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I am in full accord with the majority decision reversing the judgment notwithstanding the verdict. Similarly, I have no difficulty in concurring with the decision to retry the general damage issue as there may be some question as to the amount of compensatory damages awarded by the jury and that issue could be simply and quickly resolved in the trial forum. But I strongly disagree with the majorit...
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*708 Opinion In this appeal from a judgment of conviction of grand theft-person in violation of Penal Code sections 486 and 487, subdivision 2, with a sentence to state prison, appellant contends that the imposition of a state prison term for the taking of property of a value of less than $200 from the person of another violates the United States and California constitutional proscriptions ag...
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Opinion Plan for Arcadia, Inc., and Carl J. Williams (hereinafter “petitioners”) unsuccessfully sought a writ of mandamus directed to the City Council of the City of Arcadia (hereinafter “City Council”). Anita Associates, a limited partnership, and Santa Anita Consolidated, Inc., a corporation, were named as real parties in interest (hereinafter “Santa Anita” collectively and “Anita Assoc...
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Opinion This appeal is from an order sustaining a demurrer to a first amended complaint on the sole ground that “no claim properly cognizable as a class action is stated.” In all other respects, the demurrer was overruled. The case of Daar v. Yellow Cab Co., 67 Cal.2d 695, 699 [63 Cal.Rptr. 724, 433 P.2d 732] determined that where the legal insufficiency of the complaint as a class action...
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Opinion Administrative mandate. Carl Thole, petitioner, appeals from a superior court judgment denying a writ of mandate, after respondent Structural Pest Control Board (Board), in a decision after reconsideration, suspended his license as a pest control operator for 60 days. Facts Since this disciplinary action involves six separate residences and a total of two dozen violations of four Business...
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Opinion Helen Ann Kellogg (Kellogg) filed a petition to “Determine Entitlement to Distribution of Estate” under the provisions of Probate Code section 1080 (commonly called proceedings to determine heirship) seeking a decree that she was the sole heir-at-law of Alfred Grimble (aka Alfred E. J. Grimble) (Grimble) who died intestate, a resident of Los Angeles County, February 1, 1972. In her petiti...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 753 OPINION This is an appeal by the People (Pen. Code, § 1238, subd. (a)(8)) from an order dismissing an information which charged defendant with possession of heroin for sale (former Health Saf. Code, § 11500.5).1 The order was entered after the People refu...
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*763 Opinion This case involves the issue of the use or the attempted use by the prosecution of prior or subsequent narcotics activity by the defendant to show his knowledge of the narcotic character of the substance involved in the primary charge. This issue presents itself rather frequently in trial courts but unfortunately has not been handled with complete consistency in the appellate cou...
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Opinion The Case Plaintiff Robert Sherman, doing business as Howard’s Trailer Sales and Bob’s Trailer Sales, along with one Doug Jobson (hereinafter referred to as plaintiffs) sought an injunction and damages for unfair competition and restraint of trade against Mertz Enterprises, doing business as San Rafael Mobile Home Estates, Moore’s Mobile Home Mart (hereinafter sometimes referr...
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Opinion These consolidated appeals from judgments of the trial court denying writs of administrative mandamus raise issues of: (1) the applicability to a building permit of the legislative exemption to the environmental impact report (EIR) requirement of the California Environmental Quality Act stated in Public Resources Code sections 21169 and 21170; and (2) the application of the requirements...
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Opinion Defendant Rea Marie Sirignano, 18 years of age, was charged with the murder of Roderick MacLeod, in violation of Penal Code section 187. 1 Following a jury trial, she was found guilty of murder in the first degree. Defendant’s motions for a new trial and for sentencing pursuant to Penal Code section 1202b were denied, and she was thereafter sentenced to state prison for the term presc...
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*807Opinion Declaratory relief to interpret an automobile insurance policy. Defendants and appellants Harmon and Zamacona appeal from a judgment in favor of plaintiff Farmers Insurance Exchange (Farmers). Facts The facts are undisputed. Defendants Alvin and Doris Harmon (Harmons) are insured by plaintiff Farmers. Doris Harmon (Harmon, or where appropriate, insured) was driving a non-owned vehicle ...
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Opinion Defendant was one of 20 individuals named in a 29-count indictment. Defendant was charged in counts I and II of the indictment with conspiracy (Pen. Code, § 182, subd. 1), in counts XXVII and XXVIII with forgery (Pen. Code, § 470) and in count XXIX with forging the California state seal (Pen. Code, § 472). She pleaded not guilty. Motions under sections 995 and 1538.5 of the Penal Code w...
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Opinion One who has been convicted of a felony is guilty of a crime if he possesses a firearm capable of concealment upon the person (Pen. Code, § 12021). Found guilty by a jury of this offense, defendant was sentenced to state prison. He appeals. Appellant contends that the statute is unconstitutional. The issue was settled adversely to his contention in 1925 (People v. ...
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Opinion Defendant was found guilty by a jury of the crime of first degree robbery. The jury also found that at the time of the commission of the offense he was armed with a deadly weapon and that he used a firearm. The trial court at the time of sentencing found sections 3024 and 12022 of the Penal Code inapplicable but did find that section 12022.5 (the use of a firearm) was applicable. Senten...
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Opinion Plaintiffs, father and mother respectively of Keith Pittman, a minor aged 13 years, filed this action for the wrongful death of their son. It is alleged that as a result of defendants’ negligence in failing to properly enclose an oil well derrick owned and operated by them, the minor was permitted to climb upon and fall therefrom receiving injuries which resulted in his death. In ...
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Opinion Administrative mandate. Petitioner Mike L. Salyer appeals from a judgment in favor of respondents Los Angeles County, the county’s Civil Service Commission, and the sheriff’s department. Petitioner, a Los Angeles County deputy sheriff since 1964, was suspended and discharged for misconduct in October 1971. At the time, he was a vice bureau officer. He appealed his suspension and disch...
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*878 Opinion By indictment, defendant Keith Conway (appellant) 1 and codefendants Lloyd Conway, Leo Mercado, and Carlos Reynaldo were charged in count I with violation of Penal Code section 487 2 (grand theft). In count II, appellant Keith Conway and codefendant Lloyd Conway were charged with grand theft, in violation of Penal Code section 487. In counts III through V, appellant and codef...
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Opinion One of the key issues in this case is whether the juvenile court in a hearing on a supplemental petition charging new offenses, filed pursuant to Welfare and Institutions Code sections 775-778, must accord a minor the same constitutional protections to which he is entitled upon an original petition. Apparently no case has passed upon this precise point. Francis W., a minor, was adjudged a...
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Opinion Defendant pleaded guilty to possession of heroin for sale in violation of Health and Safety Code section 11500.5 and was sentenced to state prison for the term prescribed by law. Challenging the validity of a search and seizure, defendant contends the search warrant in the instant case was invalid because undated and that the affidavit in support of the search warrant was insufficient. *90...
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Opinion County of Orange (“County”) appeals from a judgment of the Superior Court of Sacramento County denying County’s petition for a peremptory writ of mandate against Houston I. Flournoy as State Controller (“Controller”), County contends that it is entitled to $291,876 from the general fund of the State of California pursuant to Revenue and Taxation Code section 2164.3. County assert...
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42 Cal.App.3d 916 (1974) 117 Cal. Rptr. 269 WILLIAM J. MARTIN, Plaintiff and Appellant, v. PHILLIPS PETROLEUM COMPANY, Defendant and Respondent; HARTFORD ACCIDENT AND INDEMNITY COMPANY, Intervener and Appellant. Docket No. 33087. Court of Appeals of California, First District, Division Three. November 4, 1974. *917 COUNSEL Dolgin, Kully & Jameson, David A. Dolgin and Bruce I. Cornblum for Pla...
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Opinion This is an appeal by the insured (Terzian) from an adverse judgment in his action against his insurer (California Casualty) after a court trial of a previously undetermined issue after reversal by this court (Division Four) in Terzian v. California Cas. Indem. Exch., 3 Cal.App.3d 90 [83 Cal.Rptr. 255]. The contentions are that: 1) the trial court erred in going beyond the record to ...
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Opinion Defendant was charged in a complaint filed in the Municipal Court of the Los Angeles Judicial District with violating Vehicle Code section 23102, subdivision (a) (driving under the influence of intoxicating liquor) and Vehicle Code section 12500, subdivision (a) (driving without a valid driver’s license). Prior to trial, defendant made a “motion to suppress” the results of a gas chrom...
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Opinion On the basis of evidence seized in their residence during a search pursuant to a warrant, appellant John Henry Castro and his wife Gloria were charged by indictment with one count of possessing controlled substances for sale (Health & Saf. Code, § 11351), four counts of receiving stolen property (Pen. Code, § 496, subd. 1), one count of possessing narcotic paraphernalia (Health & ...
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Opinion Under statutes authorizing joint exercise of powers by public agencies (Gov. Code, §§ 6500-6514), the City of Stockton (City) Stockton Unified School District (School District) and County of San *971 Joaquin (County) entered into a contract for the coordinated operation of public recreational facilities in the Stockton Metropolitan area. The contract provided for the ...
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Opinion On this appeal from a judgment entered following revocation of probation, appellant makes five contentions: (1) that he was deprived of due process because of lack of a prerevocation hearing; (2) that he was deprived of due process because he received no notice of the charges upon which revocation was based; (3) that he was denied his right to confront and cross-examine witnesses at the...
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*990 Opinion Plaintiff People of the State of California appeals from an order of the Monterey County Superior Court dismissing the information charging defendant with violation of Penal Code section 12020 (possession, of a sawed-off shotgun). Question Presented Is possession of an inoperable sawed-off shotgun a violation of Penal Code section 12020? Record An information was filed in...
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Opinion English Manor Corporation appeals from a judgment of dismissal 1 entered after the general demurrer of defendant, Vallejo Sanitation and Flood Control District 2 was sustained without leave to amend. The *999 instant action was brought for refund of sewer connection fees paid under protest. English Manor contends that:. 1) the District ordinance which established the connection fe...
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Opinion Home Savings and Loan Association, defendant in a class action for damages and declaratory relief arising from loan-agreement late charges, 1 seeks to prohibit the superior court from determining the substantive validity of claims of the named plaintiffs, Lawrence and Rita Deutsch, prior to a determination of the suitability of the action as a class action and determina...
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*1039 Opinion Elie Turner, while employed as a district superintendent for Southern California Edison Company, 1 experienced partial paralysis of the legs when working late one night. He managed to drive home, was hospitalized and died nine (9) days later. Death resulted from the rupture of an aneurysm of the anterior cerebral artery at the base of the brain (brain hemorrhage). His widow ...
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Opinion This case involves a dispute between a surviving spouse, respondent Mary Weyand, and a designated beneficiary, appellant Dorothy Frazier, as to who is entitled to the death benefits payable under the Tulare County Employees’ Retirement System as a result of the death of Deputy Sheriff Clarence Weyand. In 1930, Clarence married Mary; thereafter, they separated. In 1948, Claren...
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Opinion Plaintiff appeals from a summary judgment granted to defendants. The complaint sought the recovery of money, based upon a common count “for goods, wares, and merchandise furnished to defendants at defendants’ request, [for] which . . . defendants agreed to pay.” Plaintiff sued as the assignee of Mobil Oil Corporation. Interrogatory answers and other papers filed in the matter show that def...
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*Supp. 6Opinion The principal question presented by this appeal is whether a defendant who has been charged with, and convicted of, the commission of an infraction in violation of section 21453 of the Vehicle Code, was unconstitutionally deprived of the right to a jury trial. We hold that such a defendant is not entitled to a jury trial and affirm the judgment. On March 22, 1974, defendant receive...
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*3 Opinion Marin County and Alameda County, as plaintiff and intervener, respectively, in the action below sought among other things, a declaration of their rights “concerning claims for federal and state reimbursement for public assistance expenditures,” as against the defendant Director of the State Department of Social Welfare (hereafter the “Department”), Deeming itself aggri...
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Opinion Defendant appeals from a judgment awarding plaintiff the contract price of three shipments of cattle sold by plaintiff and received by defendant. We view the evidence in a light most favorable to respondent and indulge all inferences in favor of the findings and judgment (Grainger v. Antoyan, 48 Cal.2d 805, 807 [313 P.2d 848].) Defendant is a cattle...
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Opinion This is an action to recover a parcel of residential real property which defendant Max D. Kessler had acquired through an execution sale. The trial court ordered Kessler to convey the property to the plaintiff, Geraldine P. Smith. The judgment also provided that “4. It Is Alternatively Ordered . . . that plaintiff may redeem that real property” upon payment of $1,135 to Kessler. T...
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Opinion Kathleen Polony (Polony) filed an action for damages for personal injuries resulting from an automobile accident against Robert Richard White (Robert) and Richard Arthur White (Richard) 1 (father and son). On the motion of defendant 2 the court, in reliance on Davis v. Hart, 123 Cal. 384 [55 P. 1060], dismissed the action for failure to serve and return summons within three year...
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*53 Opinion Appellants Blumenfeld, et al., doing business as Bayview Properties, were first contacted by respondent, San Francisco Bay Conservation and Development Commission (hereinafter respondent or BCDC) by letter under date of October 7, 1969, with reference to reports that appellants had been engaged in filling of areas subject to tidal action from Richardson Bay. An applic...
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Opinion An information charged petitioner with burglary, grand theft, receiving stolen property and possession of marijuana. Petitioner sought diversion as to the marijuana count and the probation officer filed a report recommending diversion. The trial court rejected the diversion motion. Petitioner seeks a writ of prohibition to prevent his trial on the marijuana count, charging abuse of disc...
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*73 Opinion Petitioner appeals from a judgment denying the issuance of a writ of mandate to compel the California Unemployment Insurance Appeals Board (respondent) to set aside its decision denying unemployment insurance benefits to petitioner. After petitioner was discharged from her employment, the Department of Human Resources Development awarded her unemployment benefits. St. John’s Hos...
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Opinion By information appellant was charged in three counts of robbery in violation of Penal Code section 211 and with two prior convictions. Prior to trial, counts I and III were dismissed and appellant admitted the prior convictions. Following a jury trial appellant was found guilty of robbery as charged in count II and the degree was fixed at first degree. Appellant was sentenced to be impr...
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Opinion Joseph Garcia Murgia appeals a judgment based upon a jury verdict convicting him of possessing heroin for sale (Health & Saf. Code, § 11351) and possessing marijuana (Health & Saf. Code, § 11357). Evidence leading to Murgia’s arrest and conviction was seized pursuant to a search warrant which Murgia contends was improperly issued, was not based upon probable cause and was not...
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Opinion Juvenile dependency proceeding. (Welf. & Inst. Code, § 600, subd. (a).) 1 The minor and her father have filed a purported appeal from orders of the juvenile court granting a rehearing after a proceeding before a referee, and denying their “motion to quash” the rehearing. Petitioner below, the Los Angeles County Department of Public Social Services (DPSS), has filed a mo...
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*97 Opinion After a trial by jury, defendant was found guilty of selling a restricted dangerous drug, to wit, a barbiturate (Health & Saf. Code, § 11379, formerly § 11912). He appeals from the order of probation, contending: 1. Defendant was denied due process by the prosecution’s failure to undertake reasonable efforts to maintain contact with and to obtain information by w...
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*108 Opinion Plaintiff taxpayers appeal after a court trial from a judgment upholding the validity of a contract entered into between the County of Butte and intervener Jerome E. Warren for the rendition of legal services by Warren to certain indigent defendants in criminal matters, indigent juveniles and conservatees in need of and entitled to legal assistance at public expense....
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Opinion This is an appeal from a judgment entered (pursuant to an order of this court in Hadley v. Superior Court (1972) 29 Cal.App.3d 389 [105 Cal.Rptr. 500]) February 21, 1973, denying a petition for writ of mandate filed under the provisions of Code of Civil Procedure section 1094.5 to review the actions of respondents and to compel respondent city to vacate actio...
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*133 Opinion Plaintiff filed this personal injury action against defendant City of Huntington Beach (hereinafter “city”) and others. The city moved for summary judgment on the basis that plaintiff had not complied with section 945.4 of the Government Code. Plaintiff takes this appeal from the action of the trial court in granting the motion for summary judgment. . The partie...
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Opinion This case presents the question of whether an officer’s lawful observation of a few seeds of marijuana in the front seat of an automobile, coupled with the smell of freshly burned marijuana, furnished probable cause to search the trunk of the automobile. We hold that it does not. On March 9, 1973, California Highway Patrol Officers Hughes and Wallace observed a vehicle with two occupa...
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*149 Opinion Appellant appeals from a judgment dismissing its amended complaint against respondent for damages allegedly arising out of a fraud, a breach of contract and a conspiracy. The trial court sustained a general demurrer to each cause of action. We affirm. The basic issue is whether a municipality, having elected to submit to competitive bidding an exclusive contract...
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Opinion Plaintiff appeals from judgment of the Superior Court of Marin County in favor of defendants. Questions Presented Does the maintenance without lights of an area as a parking lot by a school district or a county constitute a dangerous condition of the property under the Government Code so as to make the public entities liable to a parker injured by robbers? Record Plaintiff f...
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Opinion On this appeal from the denial of a writ of mandate the sole issue is whether a person who is physically or mentally disabled *167 is entitled to aid under the Aid to Families With Dependent Children program (Welf. & Inst. Code, §§ 11200-11489, incl. 1 ; hereinafter AFDC) after he attains the age of 18 years. Appellant is the mother of Timothy M. Donah...
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Opinion The Registrar of Voters of Alameda County (hereinafter “Registrar”) appeals from a judgment granting plaintiffs’ petition for a writ of mandate requiring him to accept plaintiffs’ declarations of candidacy for the Alameda County Central Committee with a loyalty oath purged therefrom. The record shows that plaintiffs Coe and others were applicants for candidacy to the office o...
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Opinion Plaintiff appeals from a judgment which declares the amount of annual rental due to plaintiff, as lessor, from defendant Camellia Convalescent Hospitals Corporation, a Delaware corporation (“Del-Camellia”), under a written lease dated August 1, 1968. This case presents an issue of first impression—namely, whether there can be reformation of a written contract after a party to it, a corpor...
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Opinion Plaintiff Ronald M. Guntert and two wholly owned corporations brought this suit against the City of Stockton, seeking declaratory relief, an injunction and damages. After trial the superior court entered findings in favor of plaintiffs, ordered issuance of a permanent injunction and directed a future trial for the purpose of fixing damages. The City of Stockton appeals from the or...
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Opinion The motion of petitioners, John M. and Marilyn J. Mosby (hereinafter “defendants”), for change of venue was denied by the trial court. They apply herein for a peremptory writ of mandate directing the superior court to set aside the denial of the motion and to order the place of trial changed to Santa Barbara County, the county of defendants’ residence. We issued an order to show c...
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Opinion In 1965, petitioner was sentenced to state prison on a forgery charge. In 1970, he was released on parole. Sometime thereafter, he left California without permission. On March 24, 1973, he was arrested in Arizona as a parole violator. No new crime was alleged. He waived extradition and was returned to state prison on April 13, 1973. Five months later on September 11,1973, not having Receiv...
Views: 1
*256Opinion The People have appealed (Pen. Code, § 1238, subd. (a)(1)) from a decision granting the defendant’s motion to dismiss pursuant to Penal Code section 995, four counts of a six-count amended information. It is concluded that the three issues raised by the parties must be resolved as follows: the prosecutor was not precluded from charging four counts of grand theft because the magistrate...
Views: 0
*272 Opinion These cross-appeals arise from an action by plaintiffs, food take-out businesses, 1 challenging the validity of the City of Sausalito’s 2 business license ordinance and seeking refund of the license taxes paid. The trial court upheld the ordinance and denied the refunds, except for that portion resulting from a retroactive application. The Merch...
Views: 2
Opinion Appellant Breitegger filed a complaint in the Superior Court of Los Angeles County against respondents Columbia Broadcasting System, [Inc.] (CBS), and International Brotherhood of Electrical Workers, Local No. 45 (Local 45), 1 for “Breach of Contract; Misrepresentation Under Labor Code §§ 1050, 1054 and Wrongful Interference in Contract and Advantageous Business Relatio...
Views: 2
*297 Opinion Plaintiff Galindo brought this action for personal injuries received while working as a longshoreman aboard a vessel owned by defendant. Defendant appeals from an order granting plaintiff’s motion for a new trial. On June 28, 1971, plaintiff was injured while working aboard defendant’s vessel. Plaintiff was unloading boxes of bananas from the ship. The boxes wer...
Views: 1
43 Cal. App. 3d 306 (1974) 118 Cal. Rptr. 315 CEEED et al., Plaintiffs and Appellants, v. CALIFORNIA COASTAL ZONE CONSERVATION COMMISSION et al., Defendants and Respondents. Docket No. 13691. Court of Appeals of California, Fourth District, Division Two. November 19, 1974. *310 COUNSEL Brundage, Neyhart, Miller, Ross & Reich, Acret & Perrochet, James M. Baratta and James Acret for Plainti...
Views: 7
*337Opinion On this appeal from an order overruling objections to the first and final account and petition for final distribution filed by the executrix of the estate of John Moore, the major questions are whether the trial court properly concluded that objections to the final account are not a proper method for contesting the rejection of a claim and that in any event, the action is barred by the...
Views: 0
*355 Opinion Charles Andrew Hale appeals the judgment (order granting probation) entered on his plea of guilty to possession of amphetamine. (Health & Saf. Code, § 11350.) Hale contends an illegal search of his automobile tainted the evidence on which his conviction was based. The facts, viewed in the light mo;st favorable to the judgment, show that on the afternoon of 12 Ma...
Views: 4
Opinion Defendant Escarcega has appealed from a “judgment of conviction and sentence” which were rendered and entered following his conviction by a jury’s verdicts, of grand theft (Pen. Code, § § 484, 487), and of assault with a deadly weapon, in violation of Penal Code section 245, subdivision (a). *394No contention is made that the verdicts were unsupported by the evidence placed before the jur...
Views: 0
Opinion Cross-complainants American Broadcasting Companies, Inc. and ABC Sports, Inc. (“ABC”) appeal from a judgment of nonsuit denying recovery for attorney’s fees and expenses claimed in their cross-complaint. The relevant facts disclose that plaintiff Marvin E. Becker (“Becker”) brought suit against respondent Walter Reade-Sterling, Inc. (“ReadeSterling”), appellant ABC, John Jay Films, In...
Views: 2
Opinion Petitioner Seane Ginochio (“Seane”) appeals from an order denying his motion to set aside the order admitting the will of Edward J. Ginochio, deceased, (“Edward”) to probate. The summarized facts indicate that Seane was born July 15, 1961, as a natural child of Marietta Cartillar (“Marietta”) and Edward. At the time of Seane’s birth Edward was lawfully married to Perrina J. G...
Views: 2
43 Cal. App. 3d 423 (1974) 117 Cal. Rptr. 623 THE PEOPLE ex rel. FUND AMERICAN COMPANIES, Plaintiff and Appellant, v. CALIFORNIA INSURANCE COMPANY, Defendant and Respondent. Docket No. 33653. Court of Appeals of California, First District, Division Four. November 22, 1974. *425 COUNSEL Evelle J. Younger, Attorney General, Mervin R. Samuel, Deputy Attorney General, Orrick, Herrington, Rowley &...
Views: 3
*437Opinion Appellants sought a writ of mandate to set aside respondent’s decision changing rules governing employees which had been passed prior to taking the steps required by the Winton Act for resolving persistent disagreements. It is concluded that the object and purpose of the Winton Act would be frustrated if the employer could act before receiving the recommendations and findings of the co...
Views: 2
*443 Opinion Defendant Marion A. Carr appeals from a judgment sentencing him to prison following an order revoking probation. On September 14, 1967, appellant pleaded guilty in case No. 70344 to a violation of Penal Code section 487 (theft) and in case No. 70316 to a violation of Penal Code section 211 (robbery, second degree). He was sentenced in both cases to state prison for the term pro...
Views: 8
Opinion Mrs. L., an indigent, is the mother of two children on whose behalf a petition under Welfare and Institutions Code section 600 was filed. Mrs. L. refused the services of all deputies in the public defender’s office assigned to the juvenile court. The court then appointed *449Mr. Wesson to represent her but did not commit the court as to payment of any attorney’s fees in view of the lack of...
Views: 0
Opinion The Mayor and the Planning Commissioner of the City of Westminster were charged with attempting to “shake down” a prosperous farmer for $10,000 on the pretext of obtaining favorable treatment for him from the board of supervisors in connection with the extension of an agricultural lease on a valuable piece of property held by the County of Orange. *462 The indictment against the may...
Views: 6
43 Cal.App.3d 483 (1974) 117 Cal. Rptr. 749 AMADOR VALLEY INVESTORS et al., Plaintiffs and Respondents, v. CITY OF LIVERMORE, Defendant and Appellant. Docket No. 32004. Court of Appeals of California, First District, Division Three. November 26, 1974. *488 COUNSEL Gudmundson, Siggins & Stone, W.W. Gudmundson and Ross R. Ryder for Defendant and Appellant. Crosby, Heafey, Roach & May, Edwin...
Views: 11
Opinion This is an appeal from an order dismissing the cross-complaint of Alfred and John Stepan, appellants, in response to a motion *499 for summary judgment made by Barney Garcia, cross-defendant and respondent. The facts relevant to the issues on appeal are as follows: On June 8, 1967, John Stepan, with consent of his father Alfred Stepan, delivered an automobile (owned by the father) t...
Views: 1
Opinion Proceeding in prohibition to restrain the further prosecution of petitioner on felony counts of perjury and grand theft. Writ denied. The petition presents a question of first impression: Does a magistrate at a preliminary hearing on a complaint charging, both a felony and a misdemeanor offense have jurisdiction to pronounce judgment and impose sentence on the misdemeanor cha...
Views: 4
Opinion Plaintiffs appeal from judgment of dismissal of the Marin County Superior Court after order sustaining demurrer without leave to amend. 1 Question Presented: Does the first amended complaint allege extrinsic fraud? Record: Plaintiffs filed “Complaint to Establish Constructive Trust, for Order of Conveyance and for Conveyance by Judicial Officer in Failure to Convey and for Wri...
Views: 7
Opinion Statement of the Case On March 1, 1966, Edward W. Busse (Busse), plaintiff and appellant, loaned A. C. DeForest (DeForest) and John L. Ott (Ott) the sum of $18,800 on a vacant lot on Hawthorne Street (Hawthorne property) in South Pasadena, California, to enable DeForest and Ott to construct a single family residence thereon. Prior to construction, a performance bond was execu...
Views: 5
*575 Opinion This is an appeal from an order of the superior court refusing to grant a preliminary injunction and dissolving a temporary restraining order. Appellant National Delivery Systems, Inc., a private postal system engaged in the business of distributing certain printed materials and handbills to residences and other locations in the City of Inglewood, sought to enjoin enforcement of ...
Views: 3
Opinion Defendant Alphonsa Hernandez was charged with possession of heroin. (Health & Saf. Code, § 11350.) After motions to quash a search warrant and to suppress evidence were made and denied, she pleaded guilty. Proceedings were suspended and defendant was placed on probation on condition that she serve one year in jail. The sole issue on appeal is the validity of a search warrant ...
Views: 6
Opinion In these proceedings petitioner seeks review of the decision after reconsideration of the Workmen’s Compensation Appeals Board holding, contrary to the findings and award of the referee, that the award for petitioner’s acknowledged permanent disability, rated at 45V2 percent, should be reduced to 32 percént by apportioning 30 percent to the combined effects of surgery, ...
Views: 1
Opinion Appellant, Jennifer Parker, obtained an interlocutory and final decree of divorce from respondent, Malcolm David Parker, from the Santa Barbara Superior Court on March 12, 1968, and March 6, 1969, respectively. Each of the decrees awarded custody of Sally Jane, the child of the couple bom July 14, 1964, to David. Sometime between March 6, 1969 and July 11, 1972, Jennifer married Dan E. ...
Views: 4
43 Cal.App.3d 616 (1974) 118 Cal. Rptr. 69 In re MIGUEL A. GONZALES on Habeas Corpus. Docket No. 7641. Court of Appeals of California, Third District. December 2, 1974. *618 COUNSEL Thomas Archer, under appointment by the Court of Appeal, for Petitioner. Evelle J. Younger, Attorney General, Robert D. Marshall and Brian F. Taugher, Deputy Attorneys General, for Respondent. OPINION FRIEDMAN, J. Pet...
Views: 6
Opinion All defendants were indicted for murder (Pen. Code, § 187), conspiracy (Pen. Code, § 182), and assault with a deadly weapon by a prisoner either under life sentence (Pen. Code, § 4500) or a sentence for less than life (Pen. Code, § 4501). All moved to quash the indictment (Pen. Code, § 995) on the ground that the grand jury which returned the indictment in 1971 was improperly chos...
Views: 12
Opinion Appellant Holbrook appeals from a judgment entered following a jury verdict in which he was found guilty of sodomy. (Pen. Code, § 286.) The victim Terre-(Terre) met appellant in the evening hours of November 3, 1972, at a restaurant in Hollywood where she was to meet a friend of appellant’s with whom she had a date. Appellant was invited to the party and since Terre did not know the addres...
Views: 1
Opinion Both the State Personnel Board (“Board”) and the petitioner appeal from an order granting a peremptory writ of mandamus which set aside the Board’s determination of punishment in a disciplinary proceeding and remanded the case to the Board for reconsideration. On May 12, 1972, petitioner, an employee of the Office of State Printing, was served with a notice of punitive action, demotin...
Views: 1
Opinion Equitable Life Assurance Society of' the United States commenced an interpleader action by filing a complaint which alleged that the proceeds of a group life insurance policy insuring the life of Mary Warren were the subject of conflicting claims. Specifically, plaintiff insurer alleged that Mary Warren had died in September 1967, and that the sum of $13,800 was payable under the insura...
Views: 1
Opinion Plaintiffs alleging themselves to be taxpayers and citizens of the State of California instituted an action for declaratory relief regarding the effect of the Mulford-Carrell Air Resources Act (Health & Saf. Code, § 39000 et seq.) praying for “a declaration that the enactment of the so-called ‘Pure Air Laws’ of California in 1967 and subsequent years have not preempted ...
Views: 6
43 Cal.App.3d 666 (1974) 117 Cal. Rptr. 738 THE PEOPLE, Plaintiff and Respondent, v. RONALD ORR, Defendant and Appellant. Docket No. 7451. Court of Appeals of California, Third District. December 4, 1974. *668 COUNSEL Dennis K. Cowan, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney General, and Kevin M. Corrington, Deputy Attorney General, for Pl...
Views: 3
Opinion Appellants, County of Monterey and City of Pacific Grove, appeal from a judgment in favor of respondent, Pacific GroveAsilomar Corporation (Asilomar), awarding respondent a refund of taxes paid under protest. Respondent is a nonprofit corporation organized under the laws of the State of California solely for the purpose of managing for and on behalf of the Department of Parks...
Views: 4
Opinion Defendant was convicted by jury of a violation of Penal Code section 496. The exact language of subdivision 1 of that provision is involved in the issues on appeal and accordingly is set out verbatim: “1. Every person who buys or receives any property which has been stolen or which has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or...
Views: 11
*725 Opinion Found guilty by a jury of two counts of importing marijuana into the state (Health & Saf. Code, § 11531), and two counts of possessing marijuana for sale (Health & Saf. Code, § 11530.5), defendant was sentenced to concurrent prison terms on the importation counts. Sentence on the charges of possession for sale was stayed. Defendant appeals. The core issue is whe...
Views: 3
Opinion Defendant withdrew her plea of not guilty and entered a plea of guilty to counts I and IV (sale of restricted dangerous drugs [§ 11912, Health & Saf. Code]); on September 22, 1970, the proceedings were suspended and she was placed on probation for three years. 1 On August 8, 1973, defendant was found to be in violation of probation and probation was revoked; on January ...
Views: 6
Opinion Mandate. Petitioner Patrick M. Reynolds appeals from a summary judgment in favor of various City of Los Angeles respondents.1 The facts are stated in accordance with the rules governing review of summary judgment. (See Corwin v. Los Angeles Newspaper Service Bureau, *740Inc., 4 Cal.3d 842, 851-852 [94 Cal.Rptr. 785, 484 P.2d 953].) Thus, we must accept much that petitioner may find very ha...
Views: 1
Opinion Plaintiff Globe Indemnity Company, hereinafter referred to as Globe Indemnity, appeals from a judgment decreeing that by *748virtue of certain policies of insurance it issued it will become obligated to satisfy any money judgment, to the extent of the limits of the policies, defendant State of California, hereinafter referred to as State, obtains against defendants Floyd Wheat, Wilkinson ...
Views: 0
*760 Opinion This appeal presents, for the first time in California, the question: Has the superior court, sitting in probate, 1 jurisdiction to order a guardian to consent to the involuntary sterilization of an adult incompetent ward? We conclude that it has not. Respondent filed a petition seeking his appointment as the guardian of his adult daughter [appellant...
Views: 14
Opinion A jury found appellant guilty of violating section 11912 (now 11352) of the Health and Safety Code (unlawful administration of a restricted dangerous drug). Judgment entered, he was sentenced to prison for the term prescribed by law. He appealed. The charge arose out of the following facts: Rebecca Rickel (18 years of age) was arrested on November 6, 1972 for possession of dangerous...
Views: 14
*781 Opinion We have before us in this extraordinary writ proceeding the question of whether a discovery order of respondent superior court violates the official information privilege. 1 The discovery order at issue was entered upon motion of the real parties in interest in their four personal injury and wrongful death actions that arose out of the collapse of a bridge...
Views: 4
Opinion In this habeas corpus proceeding petitioner seeks to test the validity of his commitment to Camarillo State Hospital pursuant to a juvenile court “Order Committing Minor to Custody of Probation Officer and Authorizing Placement.” Petitioner was 17 years of age when the above order was made. He had been the subject of two juvenile court proceedings prior to the one now pending. The first s...
Views: 0
43 Cal. App. 3d 809 (1974) 118 Cal. Rptr. 120 TAMMIE YVONNE AIKEN CHAMBERS, Petitioner, v. THE MUNICIPAL COURT FOR THE SAN DIEGO JUDICIAL DISTRICT OF SAN DIEGO COUNTY et al., Respondents; THE PEOPLE, Real Party in Interest. Docket No. 14304. Court of Appeals of California, Fourth District, Division One. December 10, 1974. *810 COUNSEL E. Hodge Crabtree, under appointment by the Court of Appeal, f...
Views: 5
Opinion An amended information charged defendant with selling heroin (Health & Saf. Code, § 11352) and also charged a prior conviction of the same offense. Represented by counsel, defendant waived a jury trial, and a date was set for trial before the court, sitting without a jury. On the trial date he appeared and, through counsel, expressed readiness to admit the prior conviction. He was...
Views: 4
Opinion Defendant and her codefendant, Ms. Wynashe, were convicted by a jury of escape from the California Rehabilitation Center (Welf. & Inst. Code, § 3002). Defendant and Ms. Wynashe were inmates of the California Rehabilitation Center. They departed from that institution and were promptly captured in a hayfield a few yards away. At trial, they made the following offer of proof: ...
Views: 12
Opinion This is an action by an attorney against other attorneys for damages allegedly caused by the latter’s wrongfully inducing breach, by the first attorney’s client, of his contingent fee contract. Defendants-respondents demurred to the complaint upon the ground that the statute *836 of limitations (Code Civ. Proc., § 339, subd. 1) had run. The demurrer was sustained without leave to amen...
Views: 3
Opinion Plaintiff appeals from judgment of dismissal of her action “as to all parties and all causes of action” for her failure timely to prosecute. Plaintiff filed her complaint alleging slander by all defendants, General Dynamics, Inc., Jack Sloan, Jack Mason and Joe Till, on September 2, 1969; service of process was made only on defendant General Dynamics, Inc. which filed its answer Novem...
Views: 13
Opinion Defendant, James Erving Thomas, appeals from a judgment entered following a jury trial convicting him of grand theft in violation of Penal Code section 487, subdivision 3. 1 He challenges his conviction, alleging: 1) he was not advised by the trial court of his privilege against *866 self-incrimination; 2) he was denied effective representation by trial counsel; 3) the court imprope...
Views: 12
Opinion Plaintiff Sally Neumeyer, as executrix of the estate of A. G. Neumeyer, deceased (hereinafter Neumeyer), appeals from a judgment *875 in favor of defendant Union Bank (hereinafter Union) in an action for breach of contract. The case was tried without a jury and the relevant findings of fact and conclusions of law of the trial court are as follows: Under date of O...
Views: 1
Opinion This is an appeal from a judgment sustaining defendant’s demurrer without leave to amend plaintiffs’ complaint. Plaintiffs (Douglas William Johnson and other members of his family, Helen, *883 Richard, Clement, and Dorance) 1 filed suit on December 29, 1972, against defendants (Harcourt, Brace, Jovanovich, Inc. (publishers) and William F. Smith and Raymond ...
Views: 10
Opinion By amended information, defendant was charged with burglary (Pen. Code, § 459), grand theft (Pen. Code, § 487, subd. 1), and receiving stolen property (Pen. Code, § 496), and two prior felony convictions of defendant were alleged. He pled not guilty to each of the three counts and denied the alleged priors. After a de novo hearing, his motion to suppress evidence under Penal Code sectio...
Views: 4
*924 Opinion On a jury’s verdicts defendant Kirk was found guilty of grand theft (Pen. Code, § § 484, 487) from the Bank of America, and of four interrelated offenses against the Vigilant Insurance Company, i.e., grand theft, presentation of a false insurance claim (Ins. Code, § 556), willfully secreting property with intent to defraud its insurer (Pen. Code, § 548), and falsely reporting a f...
Views: 12
*935 Opinion Plaintiff recovered judgment on a jury verdict in an action for slander; subsequently the trial court entered an order granting defendant’s motion for a new trial. Plaintiff appeals from the order; defendant appeals from the judgment. The judgment awarding plaintiff $50,000 compensatory damages was entered June 21, 1972. On June 22, 1972, plaintiff served on def...
Views: 5
Opinion Appellant R. Evelyn Jensen was a permanent certified employee of the Lawndale School District. On May 15, 1973, the respondent board of trustees of the district determined not to rehire her for the 1973-1974 school year. Her services were entirely satisfactory. The sole reason for the board’s decision was that Mrs. Jensen would become 65 years of age on September 8, 1973, and the first day...
Views: 1
Opinion Appeal from judgments of conviction of two counts of violation of Penal Code section 476a (insufficient fund checks). Walter Osborn, Jr., Judge. Affirmed. Because appellant does not challenge the sufficiency of the evidence to support the convictions, we will recite only those facts necessary to the issues raised. In January of 1973, appellant made two purchases at the Sears store n...
Views: 11
Opinion The People have appealed from a final order of *990 the Superior Court of San Diego County made upon the return of a writ of habeas corpus discharging William Earl Bentley from the custody of the California Adult Authority (the Authority) and the Sheriff of San Diego County, by whom he was being held for the Authority. Bentley was granted parole by the Authority on August 17, 1970, ...
Views: 7
Opinion Defendant was convicted by a jury of first degree murder of Deputy Sheriffs Schneider and Wilson. On January 4, 1973, defendant approached Cecelia Vasquez, age 17, and her sister, Rosemary, age 20, at the Cerritos Shopping Mall in Los Angeles County. He told them he had a gun and would kill them if they tried anything and said that he wanted to spend some time with them and to touch t...
Views: 4
Opinion Defendant was charged by information with possession of marijuana for sale (Health & Saf. Code, § 11359) and transportation of marijuana (Health & Saf. Code, § 11360). Defendant personally waived jury trial, was advised of and waived related constitutional rights and stipulated to submission of the case on the transcript of the preliminary examination. He was found guilty as ...
Views: 4
Opinion Dickinson pleaded guilty to possession of cocaine for sale (former Health & Saf. Code, § 11500.5, now § 11351). He appeals the judgment (sentence suspended and probation conditioned on six months confinement in the county jail), arguing that the search warrant which uncovered the narcotics had been issued without probable cause. Facts On 5 January 1973, a Los Angeles police officer, Cha...
Views: 2
Opinion This is an appeal from an interlocutory judgment of dissolution of marriage. Appellant alleges error on the part of the trial court in its finding that certain realty is the separate property of respondent; in failing to award spousal support to appellant; and in rendering a judgment which was not sufficiently certain so as to permit its enforcement. Appellant and respondent ...
Views: 5
Opinion The Case On March 10, 1972, Jimmie Martin and Doris G. Martin, husband and wife, plaintiffs and respondents (hereinafter referred to as the Martins), filed a complaint in the superior court for specific performance of land sale contract which involved the sale and purchase of a house in Redondo Beach, California. The Martins named as defendants Roger R. Baker, Dolores L. Bake...
Views: 2
Opinion We review, for the second time, an order made by the probate court concerning the testamentary trust created by the will of Elsinore Machris Gilliland, who died in 1967. The present appeal has been undertaken by the trustees of the Gilliland trust, William L. Murphey, Norman J. Essig and the Union Bank. The Gilliland will was admitted to probate, the account approved and distribution orde...
Views: 0
Opinion In this proceeding we issued an alternative writ of mandate upon a petition seeking a writ of mandate commanding respondent court to issue its order quashing service of summons. On October 18, 1972, real party, a California resident, instituted an action for damages for personal injuries against defendant Sheard Science Supplies, Inc. (hereinafter “Sheard”), a Wisconsin corpo...
Views: 4
Opinion Richard McQuillan, an employee of the Division of Highways of the State of California, was killed while in the course of his employment when he was struck by a Southern Pacific Company train. His widow and minor children (hereinafter “the survivors”) sued the Southern Pacific Company (hereinafter “Southern Pacific”) for damages for wrongful death and recovered a judgment in the su...
Views: 3
Opinion Plaintiff Bruce D. Becket appeals from an order of the superior court dismissing his complaint following the sustaining of a demurrer without leave to amend. From the allegations of the complaint we glean the following background. Plaintiff is the son of Welton Becket, now deceased, the owner of all the outstanding shares of stock in Welton Becket and Associates, a corpo...
Views: 10
*833 Opinion Statement of the Case On November 2, 1973, the Attorney General, pursuant to his environmental protection powers under Government Code section 12600 et seq., 1 filed an action in the superior court against the County of Kern, hereinafter “County,” and real parties in interest, hereinafter “Eastco,” seeking to enjoin the County from issuing any buildin...
Views: 15
Opinion This is an appeal from an action in interpleader brought by Grover Escrow Corporation (“Grover”). At issue is ownership of $8,576.08 currently held on deposit in connection with a combined liquor *914 license-bulk sale escrow. The controverted escrow was established to facilitate sale of a restaurant-cocktail lounge. King’s Row Restaurant, Inc. (“Buyer”) and Kric Enterprises, Inc. (...
Views: 3
Opinion Plaintiff, George Newson, appeals from an adverse judgment entered on a jury verdict in his action for damages for personal injuries sustained when his motorcycle hit a newly constructed concrete “traffic island” in the center of East 14th Street in defendant City. Newson contends that: 1) the evidence did not support the verdict as to his contributory negligence; 2) the court err...
Views: 1
Opinion Following a nonjury trial, the trial court rendered judgment in favor of Victoria M. LaBorne (LaBorne), plaintiff and appellant. Findings of fact and conclusions of law were signed. The judgment was entered on November 21, 1972. On December 6, 1972, Isabel Rublee Mulvany (Mulvany), defendant and respondent, filed her motion for a new trial. On January 19, 1973, after hearings, the...
Views: 1
Opinion This is an appeal from the order denying defendant’s motion to suppress evidence. An agent of the Federal Bureau of Investigation (FBI) submitted an affidavit to the United States District Court requesting that a warrant be issued to search the premises at 5335 West 146th Street, Lawndale, California. The agent sought illegal reproductions in violation of the federal law of copyright-prot...
Views: 0
Opinion These appeals involve the validity of arrests in connection with Vehicle Code misdemeanors or infractions made pursuant to warrants served beyond the hours prescribed by section 840 of the Penal Code, where such service was authorized by a blanket direction that all such warrants should be so served and that direction was made without any consideration of the facts and circumstances of the...
Views: 0

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