Court Cases Court Cases

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

All Reporters → cal-app-lexis → Volume 1991

Opinions in cal-app-lexis Volume 1991

Opinion A defendant in a criminal action seeks a writ of mandate to establish the timeliness of his Code of Civil Procedure section 170.6 challenge to the superior court judge to whom the case was assigned for all purposes. By complaint, petitioner was accused of felonious assault with a deadly weapon causing great bodily injury. (Pen. Code, §§ 245, subd. (a)(1); 12022, subd. (b); 12022.7.) T...
Views: 0
Opinion We review an order of respondent Workers’ Compensation Appeals Board (Board) denying reconsideration. We conclude *869 applicant timely requested rehabilitation by raising the right to rehabilitation in an application that was timely filed with the Board. We further conclude the Board erred in determining applicant is not medically eligible for vocational rehabilitati...
Views: 0
*791Opinion Upon revoking probation, is a trial court required to give a statement of reasons when it decides to impose a state prison sentence where no sentence has previously been imposed? The answer is yes. (People v. Jones (1990) 224 Cal.App.3d 1309, 1312-1315 [274 Cal.Rptr. 527]; People v. Pennington (1989) 213 Cal.App.3d 173, 176-177 [261 Cal.Rptr. 476]; People v. Jackson (1987) 196 Cal.App...
Views: 0
Opinion The question presented in this appeal is whether Treva Ann Fredericks, the former wife of Edmund Otto Fredericks, has a quasi-community property interest in Edmund’s military pension benefits resulting from his service in the United States Armed Forces from June 1949 until December 1971. This relatively simple legal issue is complicated by the facts. Treva and Edmund married and divor...
Views: 0
Opinion Petitioner, Bay Area Air Quality Management District (sometimes herein Bay Area) and Colusa Air Pollution Control District (sometimes herein Colusa) (collectively petitioners) seek a writ of mandate compelling the trial court to (1) sever the claims asserted against them in these consolidated proceedings and (2) grant their motions for a change of venue to San Francisco and Colusa...
Views: 3
*894Opinion Defendant, a civilian employee of the Yuba County jail, was convicted of forcible sodomy (Pen. Code, § 286, subd. (c)2 (count I), sexual battery (§ 243.4) (count II), and sodomy committed while confined in a county jail (§ 286, subd. (e)) (count VII).3 All crimes were committed against D.H., an inmate at the jail. (D.H. is hereinafter referred to by his initials or as the victim.) The ...
Views: 0
Opinion Mission Industries (Mission) appeals from the judgment after trial by court, awarding respondent, Jovita Cardenas (Cardenas), overtime pay, a waiting-time penalty, interest, and attorney’s fees. We affirm. Facts From January 7, 1987, through April 4, 1988, Cardenas was a live-in household employee of Linda Page Katzenstein McCaughey (Page). Page was a major stockhol...
Views: 0
Opinion A defendant is sentenced for a crime. Imposition of sentence is suspended and he is placed on probation under certain terms and conditions. He is then committed to state prison on another case. Prison authorities notify the defendant’s probation officer of his confinement in state prison. The probation officer fails to notify the court which released *964 defendant on...
Views: 0
Opinion Statement of the Case Roger Connelly Owen appeals from the judgment on a jury verdict convicting him of involuntary manslaughter (Pen. Code, § 192, subd. (b)), 1 a lesser included offense of murder, for the shooting death of Danny Yoakum. The court denied probation and sentenced him to the mitigated term of two years plus two years for the gun use (§ 12022.5, subd. (a)), and imposed...
Views: 0
Opinion A. Introduction Victor Gerome Vasquez (defendant) has appealed from a judgment following a jury trial. The jury found him guilty of two counts of assault with a firearm, one count of taking or driving the car of another with intent to deprive the owner of possession or title, one count of kidnapping, one count of sexual battery with the intent to cause sexual gratification, arousal or abus...
Views: 0
*1121 Opinion This is an employee’s petition for writ of review. The Workers’ Compensation Appeals Board (Board) reversed the workers’ compensation judge (WCJ). The issue is whether a laborer who was injured falling off a church roof while working on a church renovation project for $5 an hour was properly excluded from compensation coverage as a recipient of “aid or sustenance only” (Lab. Cod...
Views: 1
Opinion In this original proceeding, plaintiffs and petitioners Norman G. Doyle and Richard A. Higbie, Trustee of the Higbie Family Trust, seek a writ of mandate requiring the trial court to deny the motion by defendants Jacinth Development, Inc., et al., to expunge a notice of lis pendens. In the unpublished portion of this opinion, we conclude that the trial court correctly granted the motion...
Views: 0
Opinion In this action to recover property taxes paid under protest, the trial court granted the taxpayer’s motion for summary judgment. The court held that the statute of limitations set forth in Revenue and Taxation Code section 532, 1 as construed by the court in Dreyer’s Grand Ice Cream, Inc. v. County of Alameda (1986) 178 Cal.App.3d 1174 [224 Cal.Rpt...
Views: 0
*1043 Opinion Appellant, Keith Edward Woods, appeals from a judgment imposed on a jury verdict finding him guilty of second degree murder, but finding not true the firearm use allegation; and of two counts of attempted murder while personally using a firearm. Because we find it was error to deny the instruction on the lesser related offense of assault with a deadly weapon, we con...
Views: 0
Opinion By information filed December 4, 1987, appellant Robert Guzman and three others were charged with conspiracy to sell cocaine and possession for sale and sale of ten kilograms of cocaine. It was further alleged the amount of cocaine involved exceeded 10 pounds in weight, requiring an additional 5 years’ enhanced sentence, and that Guzman was armed with a firearm, mandating an additional ...
Views: 0
Opinion Appellants Carl H. Amstone and Doris W. Am-stone filed an insurance bad faith lawsuit against numerous insurance companies and insurance agents, collectively hereinafter referred to as “respondents.” 1 The lawsuit claimed respondents wrongfully refused to pay insurance benefits to appellants for personal property lost in a fire. In a summary judgment motion respondents ...
Views: 0
Opinion This dispute between two insurance companies is a product of the uncertainty in the insurance world which preceded the Supreme Court’s decision in Prudential-LMI Com. Insurance v. Superior Court (1990) 51 Cal.3d 674 [274 Cal.Rptr. 387, 798 P.2d 1230]. In Prudential, the court held that in first party insurance cases involving progressive continuing...
Views: 0
Opinion Following the February 2, 1990, trial at which appellant father Manuel A. was represented by counsel (the mother’s default having previously been entered), the court declared Christopher A. free from parental custody and control, as had been petitioned for by respondent San Diego County Department of Social Services (DSS). On this appeal Manuel challenges the judgment, while Christopher...
Views: 0
Opinion A jury determined appellant William Grant Odom III possessed three stolen weapons (Pen. Code, § 496, subd. (1)), possessed precursors with intent to manufacture methamphetamine (Health and Saf. Code, § 11383, subd. (c)(1)), and endangered two children (Pen. Code, § 273a, subd. (1)). On appeal, appellant argues the charges were improperly joined and the evidence was insufficient to suppo...
Views: 0
Opinion The issue on appeal is whether the trial court erred in granting respondent Kiumars Bakshandeh’s motion for summary judgment based upon his immunity from liability under the provisions of the Good Samaritan laws. We conclude factual issues remain to be resolved regarding that issue and reverse the order granting summary judgment. Facts On April 27, 1987 at Cedars Sinai Medical Cente...
Views: 1
*1168 Opinion A supplemental petition filed October 3, 1989, alleged the minor, Andre P., “on or about October 2, 1989, did willfully and unlawfully resist, delay and/or obstruct a public officer of the City of Bakersfield, to wit: Officer L. Mills in the discharge and/or the attempt to discharge a duty of his office; thereby violating Section 148 of the Penal Code . . ." 1 The supplemental...
Views: 0
Opinion In this case, we decide that the crime of kidnapping for ransom, extortion or reward (Pen. Code, § 209, subd. (a)) involves a substantial risk of death to the victim and therefore supports a conviction of *1217 second degree murder on a felony-murder theory. 1 We also resolve numerous other issues concerning defendant’s conviction of second degree murder an...
Views: 0
*920 Opinion Following his arrest for murder, defendant Manuel Hernandez Montano 1 was subjected to lengthy interrogation by two members of the Concord Police Department. Although defendant was advised of his constitutional rights pursuant to Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694, 86 S.Ct. 1602, 10 A.L.R.3d 974], the officers had ...
Views: 1
Opinion Plaintiffs appeal from orders (1) quashing service of summons on defendants Charles M. Berg, Berg & Allen, Inc., and Clifton Boxx (Berg respondents), and (2) dismissing the action against defendants A.W. Ellis, Wells Fargo Bank, N.A., First Pacific Bank, and Imperial Savings Association (bank respondents) for delay in prosecution. 1 The principal issue presented is whet...
Views: 0
Opinion In this case appellant Classic M. Tucker (Classic) appeals that portion of a trial court judgment determining the trial court *1252 did not have jurisdiction over the military retirement benefits of respondent Fletcher S. Tucker (Fletcher). The trial court found Fletcher did not consent to the trial court’s jurisdiction over his military retirement. Further the trial court found Fle...
Views: 2
Opinion Surfside Colony, Ltd. (Colony) appeals from a judgment of the superior court upholding the decision of the California Coastal Commission (the Commission) requiring Colony to grant public access to its private beach in return for permission to build a revetment. 1 Colony presents two arguments. First, it contends the superior court should have used the “independent judgment test” inste...
Views: 1
Opinion Defendant, Basilio Hernandez, pleaded nolo contendere to two counts of sending a false bomb (Pen. Code, § 148.1, subd. (d)) and one count of filing a false report with the fire department of the planting of a bomb (Pen. Code, § 148.1, subd. (a)). 1 He was granted probation for a three-year term and ordered to spend one hundred eighty days in county jail. Defendant and his codefendant ...
Views: 0
Opinion Alan Bailey appeals from a judgment denying his petition for a writ of mandamus. Bailey, a police officer with respondent City of National City, was terminated based on his alleged violations of the city’s police department rules and regulations. 2 Bailey petitioned the superior court for a writ of mandamus, contending the action of the city council in upholding his termination was an...
Views: 0
Opinion Appellant Robert Scott Brown was charged with murder (Pen. Code, 1 § 187; count 1), conspiracy to commit robbery (§§ 182/211; count 2) and robbery (§211; count 3) all as the result of the robbery and killing of Thomas Owen. He was also charged with personally using a knife in the commission of each offense (§ 12022, subd. (b)). The jury was unable to agree on the m...
Views: 2
Opinion Defendant Debra Ann Williams appeals an order revoking her probation and sentencing her to a state prison term. We affirm and hold the trial court possessed jurisdiction to revoke Williams’s probation despite her additional status as a parolee. *1316Facts The Santa Barbara County prosecutor charged Williams with eight counts of residential burglary. (Pen. Code,1 § 459.) On March 6, 1987, W...
Views: 1
Opinion In this consolidated appeal, David W. Yancey (hereinafter, the purchaser) appeals from two orders in two separate actions: one sustaining a demurrer to his complaint without leave to amend; and the other authorizing the redemption of certain real property by respondents Lloyd Lewis and A1 Wilkins (the redemptioners). We dismiss in part and reverse in part. Factual and Procedu...
Views: 0
Opinion Appellant James Childs appeals from judgments entered in two separate cases, superior court case No. 37477 and case No. 37589, consolidated for disposition on appeal. In case No. 37477, his appeal is from the judgment entered on a jury verdict finding him guilty of three counts of grand theft by false pretenses (Pen. Code, § 487, subd. I) 1 and one count of petty theft. In case No...
Views: 0
Opinion Plaintiff Steven Stanton, a police officer employed by defendant City of West Sacramento (the City) appeals from the denial of his petition for a writ of mandamus by the Yolo County Superior Court. Plaintiff, who had been issued a written reprimand by the City, contends that the West Sacramento Police Department’s (the Department) appeals procedure denied him due process. We shall...
Views: 0
Opinion Alberto S., a minor charged in juvenile court with rape (Pen. Code, § 261, subd. (2)), 1 appeals from a judgment of wardship entered upon a finding by the court that he had committed the lesser offense of sexual battery (Pen. Code, § 243.4). He contends the judgment is invalid because he was given no notice and he did not consent to the court’s finding of an offense whi...
Views: 0
Opinion James W. Stratton appeals a child support judgment, claiming Code of Civil Procedure section 640.1, subdivision (c) violates article VI, section 21 of the California Constitution. We disagree and affirm.1 *1394I. After a Revised Uniform Reciprocal Enforcement of Support Act petition2 was served on Stratton, the matter proceeded to a contested hearing. Despite Stratton’s demand that the mat...
Views: 0
Opinion I. Larry Ferguson appeals from a judgment of the superior court denying his petition for a writ of mandate directed to respondent Writers Guild of America, west, Inc. Ferguson, a screenwriter, was engaged by Paramount Pictures Corporation to write a screenplay for a feature-length theatrical motion picture entitled “Beverly Hills Cop II.” When the picture was completed, ...
Views: 1
Opinion In this case, plaintiff Bette Petersen appeals from a judgment dismissing her fraud and breach of fiduciary duty claims against Securities Settlement Corporation (SSC), which acted as a clearing agent for a series of stock transactions in which she and her late husband engaged. The judgment was entered following an order granting SSC’s motion for summary judgment. Because we ...
Views: 0
Opinion Defendant was adjudged a ward of the juvenile court based on a finding that he had violated Penal Code 1 sections 422 (terrorist threats) and 417, subdivision (a)(2) (drawing or exhibiting firearm in a rude, angry *1521 or threatening manner). Defendant’s only contention on appeal is that section 422 is inapplicable to the confrontation at issue because it was not shown in the trial...
Views: 0
Opinion McMillin Construction Company, Inc., (McMillin) appeals the judgment entered on a general verdict in favor of Arthur and Mary Becker (Becker) after the trial court denied McMillin’s motion for separate trial on a statute of limitations defense (Code Civ. Proc., §§ 597, 337.15). 1 The trial judge found the applicable limitations period, 10 years, had been tolled by the p...
Views: 1
Opinion The issue before us is whether the California Fair Employment and Housing Commission abused its discretion in finding the County of Fresno failed to reasonably accommodate the *1545 physical handicaps of two employees in violation of Government Code section 12940, subdivision (a). The Facts and Proceedings On behalf of Danyse Brooks (Brooks) and Camille Capo...
Views: 0
226 Cal.App.3d 1511 (1991) 277 Cal. Rptr. 546 DANIEL WU et al., Plaintiffs and Respondents, v. INTERSTATE CONSOLIDATED INDUSTRIES et al., Defendants and Appellants. Docket No. G008167. Court of Appeals of California, Fourth District, Division Three. January 22, 1991. *1513 COUNSEL Fierstein & Sturman, Mark J. Linder, Richard C. Moore, Bess Blank and B.J. Adelson for Defendants and Appellants. Tre...
Views: 0
Opinion This case involves a facial attack against an initiative measure enacted by the electorate of the City of San Clemente purporting to amend the city’s general plan. The lower court invalidated the measure on several grounds and issued a peremptory writ of mandate restraining its implementation. Intervener and appellant Citizens for Sensible Growth and Traffic Control appeals the lo...
Views: 1
Opinion Plaintiffs James J. Bernard and James J. Bernard, Inc., doing business as La Barca Restaurant, appeal from a judgment entered upon the granting of a motion for summary judgment in favor of defendant, Hartford Fire Insurance Company. For reasons set forth in the unpublished portion of the opinion, we affirm the judgment. We publish the following portion of the opinion to emphasize that...
Views: 0
Opinion Real party in interest Whitbread of California, Inc., sought Napa County approval for a winery on its property. Respondents Napa County and its board of supervisors adopted a mitigated negative declaration 1 pursuant to the California Environmental Quality Act (CEQA). Appellants Fletcher and Roberta Benton and others sought a writ of administrative mandate to compel th...
Views: 1
*1584 Opinion After a jury trial, defendant Dewayne Antoine Robinson was convicted of battery with serious bodily injury (Pen. Code, §§ 242, 243, subd. (d)), 1 misdemeanor assault (§ 240), assault with a deadly weapon (§ 245, subd. (a)(1)), dissuading a witness from testifying (§ 136.1, subd. (c)), conspiracy to violate section 136.1, subdivision (c) (§ 182), and conspiracy to obstruct just...
Views: 0
226 Cal.App.3d 1525 (1991) 277 Cal. Rptr. 567 THE PEOPLE, Plaintiff and Respondent, v. PAULA JEANETTE PRANCE, Defendant and Appellant. Docket No. A047551. Court of Appeals of California, First District, Division Three. January 23, 1991. *1526 COUNSEL Sandra K. Hansen, under appointment by the Court of Appeal, for Defendant and Appellant. *1527 John K. Van de Kamp, Attorney General, Richard B. Igl...
Views: 0
Opinion Introduction Nowack & Associates, Inc. (Nowack) appeals from a judgment of the Alameda County Superior Court in favor of Santa Clara Land Title Company (Santa Clara) following entry of summary judgment on Santa Clara’s complaint to quiet title to certain property owned by it in Alameda County and against Nowack’s cross-complaint seeking enforcement of a judgment of forecl...
Views: 0
Opinion By their petition filed in this action, appellants, the William S. Hart Union High School District and the Saugus Union School District (referred to hereinafter collectively as the school districts), seek to stop the development of land which lies within the County of Los Angeles because they believe they have insufficient school facilities to accommodate the projected number of s...
Views: 1
Opinion In this case we hold a temporary teacher’s reemployment rights under Education Code section 44918 cannot be defeated by an unsatisfactory evaluation after he or she has served for 75 percent of the school year. The Albany Unified School District (District) appeals a judgment issuing a peremptory writ of mandate ordering it to rehire Carol Kalamaras as a probationary certificated emplo...
Views: 0
Opinion Robert F. Ducu appeals from the judgment of convictions for the commission of multiple sex crimes. He was convicted of one count of rape and one count of oral copulation against Ms. M., and three counts of rape, two counts of oral copulation and one count of penetration by a foreign object against Ms. F. The jury also found true allegations that appellant used a deadly weapon with respe...
Views: 0
Opinion Petitioners Yellow Cab Cooperative, Inc. (Yellow) and Golden Eagle Insurance Co. challenge a decision by the Workers’ Compensation Appeals Board (Board) holding that Yellow was the employer, for workers’ compensation purposes, of applicant Richard Edwinson, a cabdriver. We have concluded that the Board did not err. I. Background Prior to 1976, the drivers of Yellow cabs ...
Views: 0
Opinion On October 2, 1987, Gary Urbaniak (hereafter Urbaniak), filed a first amended complaint in the Superior Court of San Francisco against Frederic H. Newton, M.D., Frederick H. Newton, M.D., a Medical Corporation (hereafter Dr. Newton), John J. Párente, Paul D. Karasoff, and Allianz Insurance Co. (hereafter collectively respondents) seeking damages for dissemination of a medical repo...
Views: 2
Opinion In 1987, respondent Napa County approved a use permit allowing real party in interest Whitbread of California, Inc., to construct a winery and related facilities on property near Soda Canyon Road in Napa County. Before the permit expired, Whitbread applied for an extension, which the county granted. Appellants Fletcher C. Benton and Joseph A. Schreuder unsuccessfully petitioned th...
Views: 0
Opinion The Case Plaintiff Diane Testa alleges in her complaint causes of action in general negligence and strict products liability against defendants Monte Vista Development Corporation (petitioner) and Willey Tile Company (real party in interest). Monte Vista cross-complained, naming Willey Tile Company, Bedrosian Builders Supply and Vitromex as cross-defendants. In its cross-comp...
Views: 1
*1693 Opinion Appeal Statement of the Case Appellant Nicholas Bizieff was convicted after a jury trial of three counts of robbery (Pen. Code, § 211). * 1 In addition, the allegations that he previously had been convicted of a serious felony (§§ 667, subd. (a), 1192.7, subd. (c)(1), (8)) and had served a prior separate prison term (§ 667.5, subd. (b)) were found to be true. Throughout ...
Views: 2
226 Cal.App.3d 1663 (1991) 277 Cal. Rptr. 663 CALIFORNIA FINANCIAL RESPONSIBILITY COMPANY, Plaintiff and Appellant, v. A.A. PIERCE, as Director, etc., Defendant and Respondent. Docket No. D011722. Court of Appeals of California, Fourth District, Division One. January 28, 1991. *1664 COUNSEL Michael Schaefer for Plaintiff and Appellant. John K. Van de Kamp and Daniel E. Lungren, Attorneys General,...
Views: 0
Opinion Following convictions by jury of first degree murder with robbery and financial-gain special circumstances, attempted murder, and burglary, all while armed, John Francis Maier (Maier) was sentenced to state prison for life without possibility of parole for the murder, consecutive to the life sentence for murder he is now serving in New York, and an additional 10 years for the attempted ...
Views: 0
Opinion Introduction These consolidated appeals present the novel issue of whether a forfeiture proceeding must be dismissed when the People fail to file a petition of forfeiture within 30 days after a claim is filed as required by Health and Safety Code section 11488.4, subdivision (j). 1 We conclude the People’s failure to comply with section 11488.4, subdivision (j)’s 3...
Views: 0
Opinion Lori Lemay Drummond (plaintiff) appeals from an order (judgment) of dismissal in favor of Fumie Murata (defendant) based on plaintiff’s failure to bring the action to trial within five years. We affirm the order. Factual and Procedural Statement On February 14, 1984, the complaint for personal injury and property damages arising from a motor vehicle accident was filed. The complai...
Views: 0
Opinion Recall proponent Steve Hartman sought a writ of mandate to compel Patricia Kenyon, City Clerk of the City of Santa Cruz (hereafter Clerk), to certify that three recall petitions he submitted contained the requisite number of signatures of eligible registered voters. When Hartman filed his petitions with the Clerk for examination, each contained more than the number of signatures require...
Views: 0
Opinion Appellant Kenneth Donald Methey appeals from the denial of his motion to suppress in San Diego County Superior Court No. CRE99755. Alternatively he urges his trial counsel was incompetent. We conclude the trial court committed no error and that his defense was not prejudiced by any incompetence. Facts The facts which serve as the basis for Methey’s conviction are not dis...
Views: 0
227 Cal.App.3d 1682 (1991) 279 Cal. Rptr. 103 LIQUID CHEMICAL CORPORATION et al., Plaintiffs and Appellants, v. DEPARTMENT OF HEALTH SERVICES, Defendant and Respondent. Docket No. F012645. Court of Appeals of California, Fifth District. January 30, 1991. *1686 COUNSEL Maroot, Hardcastle & Hatherley and V. Wayne Hardcastle for Plaintiffs and Appellants. John K. Van de Kamp and Daniel E. Lungre...
Views: 0
*342 Opinion Sherry A. appeals the declaration of dependency of her one-year-old son, Corey, and his removal from her physical custody. She contends her due process rights were violated when the trial court admitted the social study and its attached reports at the dispositional hearing, without the authors being available for cross-examination. She argues if Welfare and Institutions Code 2 ...
Views: 1
Opinion In this juvenile dependency proceeding (Wei. & Inst. Code, § 300)1, the Los Angeles County Department of Children’s Services (County) appeals “from the November 27, 1989 order dismissing the Matter of Larissa W. (No. JD 50605) and from the November 28, 1989 denial of the application for rehearing of said matter.” Because the Matter of Larissa W. (No. JD50605) was actually dismissed on Nov...
Views: 0
Opinion In this original proceeding petitioners, Sierra-Bay Federal Land Bank Association, R. Lewis Ward, William S. Bensley, and Western Farm Credit Bank, seek a peremptory writ of mandate directing the respondent superior court to vacate its decision overruling their demurrer to real party in interest, Dan S. Ciabattari’s, first amended complaint and to enter a new order granting the de...
Views: 0
Opinion An information charged defendant with 41 counts of lewd and lascivious acts upon a child under the age of 14 years (Pen. Code, § 288, subd. (a)) and also alleged a prior conviction of Penal Code section 288. (Pen. Code, § 667.51, subd. (a).) The court granted defendant’s motion to set aside the information pursuant to Penal Code section 995 as to counts 10, 11, 15, 19, 22, 29, 30, 32, 3...
Views: 0
227 Cal.App.3d 134 (1991) 277 Cal. Rptr. 887 BARBARA BUCHAN, Plaintiff and Respondent, v. UNITED STATES CYCLING FEDERATION, INC., Defendant and Appellant. Docket No. B037872. Court of Appeals of California, Second District, Division Seven. January 30, 1991. *136 COUNSEL Thomas & Price, Allan I. Shatkin and Everett S. Hinchcliffe for Defendant and Appellant. James P. Carr, Kelly, Herlihy &...
Views: 0
Opinion Defendant, cross-complainant and appellant Associated International Insurance Company (Associated) appeals the judgment entered after the trial court granted summary judgment in favor of Reynaldo Ledesma (Ledesma), Span, Inc. (Span) and Behavioral Systems Southwest, Inc. (BSSI) in this declaratory relief action. Defendant, cross-complainant and appellant Ledesma has cross-appealed...
Views: 1
Opinion Lisa Millsap was injured when her car was struck by an automobile driven by Christopher Pence. As relevant, Millsap brought an action against Pence and against North Country Express (NCE) and Federal Express Corporation (FEC) on the theory that Pence was an employee of NCE acting in the course and scope of his employment at the time of the accident, and that FEC had contracted with NCE ...
Views: 1
Opinion Growth Equities Corporation (GEC) appeals from judgments of dismissal following successful demurrers by Michael M. Edelstein (No. A048008) and Ezekiel Freed (No. A048009) to GEC’s third amended complaints seeking recovery upon notes executed by Freed and Edelstein. The issues raised in each case are the same and the appeals have been consolidated. GEC [[]] * contends that the court er...
Views: 0
Opinion Gustavo Molinares Aguirre pleaded guilty to 15 felony charges arising out of a nighttime assault on a young man and woman on the beach in Orange County in 1981. He was sentenced to 18 years in prison. On appeal he raises a single issue, contending that the grand jury indictment returned against him in 1985 could not toll the statute of limitations because the grand jury has no pow...
Views: 0
Opinion Ten homeless general assistance recipients appeal from the trial court’s denial of their petition for writ of mandate. Appellants challenge the adequacy of Alameda County’s general assistance grant level. Specifically, they ask that the county be ordered to conduct a factual study of the cost of subsistence for Alameda County indigents and to enact a new general assistance ordinance bas...
Views: 0
Opinion Lawrence Gregory Pahl was convicted of sexual battery (Pen. Code, § 243.4, subd. (a)); 1 he was sentenced to six years’ imprisonment. He contends that the evidence was insufficient to support the verdict and that instructional and sentencing error occurred. We find no error and affirm. I. The Facts Appellant introduced himself to the victim, Kelly E., ...
Views: 1
Opinion In this case we hold that the rule that a criminal defendant must be advised that commitment following a plea of not guilty by reason of insanity (NGI) may exceed the maximum possible term of imprisonment for the underlying crime is retroactive. If, at the end of the maximum term, an unadvised defendant remains a danger to others, the proper procedure is to seek civil commitment p...
Views: 1
Opinion Plaintiff/appellant Lisa Mounts appeals a summary judgment in favor of defendant/respondent Neil Uyeda in appellant’s personal injury action. She contends the trial court erred in ruling her action was barred by the statute of limitations. We granted appellant’s petition for rehearing to consider issues raised in part II. Facts and Procedural Background On January 31, 19...
Views: 2
Opinion This case presents a question on which courts of appeal have divided in interpreting the penalty provisions of Labor Code 1 section 5814 after the Supreme Court’s decision in Gallamore v. Workers’ Comp. Appeals Bd. (1979) 23 Cal.3d 815 [153 Cal.Rptr. 590, 591 P.2d 1242]. We will hold, in annulling and remanding the decision of the Workers’ Com...
Views: 2
Opinion Daniel Gordon Marshall was convicted by a jury of residential burglary. In a separate court trial, the court found to be true three prior felony convictions alleged pursuant to Penal Code section 667. 1 In this appeal Marshall argues for reversal of one of the prior convictions, contending: (1) after he was honorably discharged from the California Youth Authority (CYA),...
Views: 0
227 Cal. App. 3d 26 (1991) 277 Cal. Rptr. 687 THE PEOPLE, Plaintiff and Respondent, v. JEFFREY ADAM KEENAN, Defendant and Appellant. Docket No. A046309. Court of Appeals of California, First District, Division Two. January 29, 1991. *27 COUNSEL Robert H. Flannery, under appointment by the Court of Appeal, for Defendant and Appellant. John K. Van de Kamp, Attorney General, and Jeremy Friedlander, ...
Views: 1
Opinion On October 23, 1987, appellant was convicted by jury of attempted murder (Pen. Code, §§ 664, 187) 1 and one count of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)). On October 27, 1987, a bifurcated jury trial was held concerning enhancement allegations and the following allegations were found to be true: In conjunction with count I appellant was...
Views: 0
Opinion Phillip Eugene Wardlow pleaded guilty to four counts of child molesting (Pen. Code, § 288, subd. (a)). 1 On appeal, he challenges conditions imposed on his probation involving a waiver of Fourth Amendment rights; a prohibition against associating with two of his brothers; and orders of restitution involving the victims’ medical and psychological treatment. We find merit to Wardlow’s c...
Views: 0
*514Opinion Lester Kline, the 74-year old plaintiff in a personal injury action against real parties in interests seeks a writ of mandate to prevent the trial court from denying him a preferential trial date (Code Civ. Proc., § 36, subd. (a)) 1 and ordering the action submitted to compulsory arbitration. (§ 1141.11.) We have notified the parties a peremptory writ may issue in the first instance (...
Views: 0
Opinion The Center for Feeling Therapy and its therapists were sued for medical malpractice and on various intentional tort theories. A dispute arose between the Center and some of its therapists on the one hand, and their insurance carriers on the other, concerning the attorneys selected as independent counsel after the insurers reserved their rights regarding the claims for intentional ...
Views: 2
Opinion A jury convicted appellant Kevin O’Neal Craig on one count of assault with a deadly weapon or by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)). By its verdict the jury acquitted Craig on a count of attempted murder. Before trial Craig admitted a prior conviction for armed robbery alleged in the information as a five-year sentence enhancement. (Pen...
Views: 0
Opinion John D. appeals the order on a six-month permanency plan review hearing. The order continued his children’s status as dependent children and appointed Mary Ellen Staab as their guardian. We reverse the order appointing Mrs. Staab as guardian because the social study report supporting guardianship was statutorily deficient. (Welf. & Inst. Code,1 § 366.25, subd. (e).) Facts The three minor ...
Views: 0
Opinion California Insurance Guarantee Association (CIGA) appeals from the judgment of dismissal entered after the trial court sustained Argonaut Insurance Company’s (Argonaut) demurrer without leave to amend. CIGA sought a declaration that it owed no duty to reimburse Argonaut for amounts Argonaut paid in workers’ compensation benefits to an injured employee. CIGA became involved in the ...
Views: 1
Opinion Elizabeth Jeff (Jeff) appeals from a judgment in the amount of $2,500 in favor of the County of Inyo and the County of Inyo on behalf of Ann Marie Jeff (her child), a minor. 1 *489 Facts and Procedural History The plaintiff filed a complaint in the Inyo County Superior Court seeking reimbursement for child support for the minor Ann Marie Jeff. After serv...
Views: 0
227 Cal.App.3d 653 (1991) 278 Cal. Rptr. 123 THE PEOPLE, Plaintiff and Respondent, v. DUKE KIMBERLY BOLTER, Defendant and Appellant. Docket No. G007980. Court of Appeals of California, Fourth District, Division Three. February 7, 1991. *655 COUNSEL Stephen S. Buckley, under apointment by the Court of Appeal, for Defendant and Appellant. John K. Van de Kamp, Attorney General, Richard B. Iglehart, ...
Views: 0
*677 Opinion The issue presented is whether either Vehicle Code section 2805 or the landlord’s consent to enter the leased premises satisfied the People’s burden of justifying a warrantless search and seizure. We find that neither ground asserted justified the search and seizure and affirm the order of dismissal. The People appeal, pursuant to Penal Code section 1238, subdiv...
Views: 0
227 Cal.App.3d 584 (1991) 278 Cal. Rptr. 52 HOWARD JACOBS, Plaintiff and Appellant, v. FIRE INSURANCE EXCHANGE, Defendant and Respondent. Docket No. A048070. Court of Appeals of California, First District, Division Three. February 6, 1991. *587 COUNSEL Walkup, Shelby, Bastian, Melodia, Kelly, Echeverria & Link and Ronald H. Wecht for Plaintiff and Appellant. Kincaid, Gianunzio, Caudle & H...
Views: 0
Opinion I. Overview The instant action follows the settlement of an underlying action filed by plaintiff and appellant Diamond Heights Homeowners Association (Association), a California corporation, against Diamond Heights Associates (Diamond Heights), the developer of a condominium project, and Alpha Land Company (Alpha), the general contractor, among other defendants, seeki...
Views: 0
*799 Opinion In response to complaints about excess traffic from residents and business owners (the Crest group) 1 , the Encinitas City Council approved a plan to make a portion of Crest Drive one way by constructing a barrier across the north-bound lane at the intersection of Crest and Santa Fe. Residents of nearby Lake Drive (the Lake group) 2 vigorously o...
Views: 0
Opinion Defendant State Farm Insurance Companies (State Farm) appeals from a judgment confirming an arbitration award rendered in favor of its insured, plaintiff Emma Pugh, on her uninsured motorist claim. The award followed binding arbitration ordered after Pugh filed a petition to compel arbitration in the superior court. State Farm opposed the petition on grounds the one-year statute of limi...
Views: 0
227 Cal. App. 3d 810 (1991) 278 Cal. Rptr. 153 THE PEOPLE, Plaintiff and Respondent, v. TIEN MINH VU, Defendant and Appellant. Docket No. D010283. Court of Appeals of California, Fourth District, Division One. February 13, 1991. *811 COUNSEL Joel M. Kriger, under appointment by the Court of Appeal, for Defendant and Appellant. John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assi...
Views: 0
Opinion On June 30, 1989, an information was filed in the Kern County Superior Court against appellant Thomas Reese White, alleging a *888 violation of Penal Code section 245, subdivision (b), 1 as it provided in 1989, for assaulting a peace officer with a deadly weapon, other than a firearm, to wit: a glass container (count I); battery causing injury when the appellant knew or should have ...
Views: 1
Opinion Objector Clinton H. (the father) challenges juvenile dependency orders which denied him reunification services with his minor children (Welf. & Inst. Code1 § 361.5) and terminated his parental rights (§ 366.26). The critical issues are the meaning of, and the relationship among, subdivisions (a), (b)(2) and (c) of section 361.5, and whether the father was entitled to reunification service...
Views: 0
Opinion In this case we hold that a provision in a construction contract limiting a party’s liability to the developer of the property for damages caused by the engineer’s professional errors and omissions is valid under Civil Code section 2782.5 1 if the parties had an opportunity to accept, reject or modify the provision. Petitioner (hereinafter referred to as Markboroug...
Views: 1
Opinion Albeiro Castrillon appeals the denial of his motion to suppress evidence pursuant to Penal Code section 1538.5. 1 The Attorney General urges Castrillon waived his right to appeal the denial of the motion to suppress as part of a negotiated plea bargain. We agree and affirm. Castrillon was charged with several drug-related offenses. His motion to suppress evidence was denied and the ...
Views: 0
Opinion Plaintiff and appellant Gabriel Y. Life, also known as Gebru Teklehaimanot (Life) appeals a judgment following a grant of summary judgment in favor of defendants and respondents County of Los Angeles (the County). 1 , 2 *897 Because Life’s filing of a claim with a County hospital’s “legal department” did not amount to substantial compliance and the County is not estopped from as...
Views: 0
Opinion Petitioner and appellant Inglewood Teachers Association (Association) challenges a decision of respondent, the California Public *772 Employment Relations Board (PERB). The issue presented by this appeal is the appropriate legal standard for imputing the conduct of a supervisory or managerial employee to a public school employer, in this case, the real party in interest, the Inglewood...
Views: 0
Opinion May a licensed pest control operator, relying solely on the inspection report of another licensed operator and without conducting its own inspection, perform repair work recommended in the report? Appellant Structural Pest Control Board (Board) answered this question no. The trial court disagreed and issued a peremptory writ of mandate directed to the Board. We agree with the Boar...
Views: 0
Opinion Statement of the Case Defendant was convicted by jury of: (1) manufacture of rock cocaine (Health & Saf. Code, § 11379.6, subd. (a)—count one); (2) possession of rock cocaine for sale (Health & Saf. Code, § 11351.5—count two); (3) maintaining a place for the sale of controlled substances (Health & Saf. Code, § 11366—count three); and (4) possessing a firearm with an obliterat...
Views: 1
Opinion A jury convicted defendant of two counts of conspiracy (Pen. Code, § 182), one count of submitting a fraudulent insurance claim (former Ins. Code, § 556, subd. (a)(1)), and three counts of preparing a writing in support of a fraudulent insurance claim (former Ins. Code, § 556, subd. (a)(4)). 1 On appeal, he contends that the trial court erred in persuading a defense witness to assert ...
Views: 0
Opinion The United Farm Workers of America (hereafter UFW or Union) appeals a judgment awarding damages to grower Maggio, Inc. for crop losses, damaged personal property, housing costs for replacement workers and additional security expenses caused by the tortious conduct of UFW strikers during a 1979 strike in the Imperial Valley. On appeal, the UFW contends the evidence does not su...
Views: 1
Opinion Overhead Electric Company, Inc. (Overhead) appeals from judgment entered against it and in favor of the State Board of Equalization (Board). We affirm. Facts Overhead, a corporation engaged in business as an electrical contractor, entered into a subcontract to furnish and install an emergency standby uninterruptible power system at Mather Air Force Base in California. The portion of the c...
Views: 0
Opinion In this appeal a stepparent seeks to challenge a permanency planning order by the juvenile court (Welf. & Inst. Code, § 366.25) on the *1324ground that he was not afforded adequate reunification services. We will hold that a stepparent is not a “parent” for purposes of juvenile dependency proceedings, and therefore is not entitled as of right to a reunification plan designed to facilitate...
Views: 1
Opinion Plaintiff, Zora S. Gill, M.D., appeals from the order dismissing his complaint, the order denying his motion for reconsideration of an earlier order denying his motion to tax costs, i.e., the award of attorney fees and costs to defendants, and the order denying his motion to strike defendants’ supplemental memorandum of costs and partially denying his motion to tax those supplemen...
Views: 0
Opinion Plaintiff insureds appeal from a judgment entered after the court granted defendant insurer’s motion for summary judgment. The sole issue on appeal is whether plaintiffs’ suit is barred by the one-year limitation clause contained in the parties’ insurance policy. We conclude that it is not. In Prudential-LMI Com. Insurance v. Superior Court (1990) 51 Cal...
Views: 0
Opinion Kenneth and Judith Z. appeal from a judgment which declared their son, James S., to be free of their custody and control pursuant to Civil Code section 232, subdivisions (a)(2) and (a)(7).1 They contend on appeal Judith was denied effective assistance of court-appointed counsel, the trial court committed misconduct during the course of proceedings, the trial *933court erred in making certa...
Views: 1
Opinion Cross-complainant Edward Jacob Hine appeals a summary judgment in favor of cross-defendants General Dynamics Corporation and John Dittrich. We affirm as to General Dynamics and reverse as to Dittrich. *61 Factual and Procedural Background Facts Hine and Dittrich were machinists at General Dynamics. At best their relationship was stormy. According to the...
Views: 2
Opinion Lawrence H. Foster, Jr., M.D. (Dr. Foster), filed a petition for writ of mandate (Code Civ. Proc., § 1094.5) in the Superior Court of El Dorado County on March 28, 1988. The petition sought a writ *1608 to compel the Board of Medical Quality Assurance (BMQA) to set aside its decision to suspend his medical license for 90 days for unprofessional conduct. (Bus. & Prof. ...
Views: 0
Opinion Petitioner Medical Board of California (Board) commenced an administrative disciplinary proceeding against real party in interest Michael Victor Elam, M.D. (Elam). (Bus. & Prof. Code, § 2220 et seq.) The administrative law judge (ALJ) found several charges of unprofessional conduct to be true, and rendered a proposed decision revoking Elam’s license to practice as a physician. Thi...
Views: 0
227 Cal. App. 3d 1369 (1991) 278 Cal. Rptr. 421 THE PEOPLE, Plaintiff and Respondent, v. ROMIRO RAY GARCIA, Defendant and Appellant. Docket No. H006057. Court of Appeals of California, Sixth District. February 25, 1991. *1371 COUNSEL Cynthia Podren, under appointment by the Court of Appeal, and Jeffrey M. Evans for Defendant and Appellant. John K. Van de Kamp, Attorney General, Richard B. Iglehar...
Views: 1
Opinion Plaintiff and appellant Henry C. May, doing business as May Enterprises (May), sued his marine insurance company, Lloyds of London (Lloyds), in federal court for damages including his attorneys’ fees, alleging causes of action for breach of contract, breach of fiduciary duty, bad faith and negligence relating to the stranding of his tuna boat. May settled with Lloyds for $115,000,...
Views: 0
Opinion William R. Haight appeals from the final judgment denying his petition for writ of mandate to direct the City of San Diego and its law enforcement officers (collectively City) to remove and destroy the separation report from his police officer personnel records or grant him an administrative hearing on the validity of derogatory allegations contained in the report. We shall conclude the...
Views: 0
Opinion Alphonso Bennett Gibbs appeals a judgment convicting him of selling cocaine (Health & Saf. Code, § 11352). (1) The dispositive issue on appeal is whether the court erred in denying Gibbs custody credits for the 88 days 1 he was committed for sentencing evaluation to the California Department of Corrections diagnostic facility. We conclude Gibbs is entitled to such credi...
Views: 1
Opinion A jury convicted defendant of 60 sex crimes committed against 3 victims. (Pen. Code, §§ 261, subd. (2); 286, subd. (c); 288, subd. (b); 288a, subd. (c), 289, subd (a).1 Allegations that he used a knife during all but one of the offenses and inflicted great bodily injury during four of the crimes were found true. (§§ 12022.3, 12022.8.) The court determined that defendant was sane when he c...
Views: 1
Opinion This matter, first decided by this court on September 11, 1990, is again before us pursuant to a remand for further consideration from our Supreme Court. The Supreme Court directed us to vacate our original opinion (223 Cal.App.3d 994) and consider the matter anew in light of Lesher Communications, Inc. v. Superior Court (1990) 224 Cal.App.3d 774 [274 Cal.Rptr. 154]. Accordingly, on Decemb...
Views: 0
228 Cal. App. 3d 426 (1991) 278 Cal. Rptr. 439 Estate of GEORGE F. BILLINGS, Deceased. BEVERLY J. MONTAG, as Executrix, etc., Petitioner and Appellant, v. JOY L. BILLINGS et al., Objectors and Respondents. Docket No. D011419. Court of Appeals of California, Fourth District, Division One. February 26, 1991. *427 COUNSEL Ferman W. Sims for Petitioner and Appellant. Harmsen, Carpenter, Sidell & ...
Views: 0
228 Cal.App.3d 1 (1991) 278 Cal. Rptr. 506 THE PEOPLE, Plaintiff and Respondent, v. ANTHONY JOSEPH SPEARS, Defendant and Appellant. Docket No. H006702. Court of Appeals of California, Sixth District. February 27, 1991. *6 COUNSEL Julie Schumer, under appointment by the Court of Appeal, for Defendant and Appellant. John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorne...
Views: 1
Opinion Introduction In this case an insured told one of his employees not to drive a truck. The insurer contends the employee therefore did not have permission within the meaning of Insurance Code section 11580.1, subdivision (b)(4). We agree with the insurer. Statement of Facts A. Underlying Action Plaintiff and appellant John E. Sandoval III is the owne...
Views: 0
228 Cal.App.3d 1055 (1991) 278 Cal. Rptr. 530 CHARLOTTE KOBEY, Plaintiff and Appellant, v. ELAINE MORTON, Defendant and Respondent. Docket No. D011896. Court of Appeals of California, Fourth District, Division One. February 27, 1991. *1056 COUNSEL Wittman & Fedynyshn, Michael P. Fedynyshyn and Stephen C. Hinze for Plaintiff and Appellant. John J. McCabe, Jr., for Defendant and Respondent. *1057 O...
Views: 0
Opinion Herbert D. appeals from an order judging his son, Benjamin, to be within the jurisdiction of the juvenile court. Benjamin’s mother Yobby does not appeal the order, which leaves undisturbed her physical custody of Benjamin. Herbert asserts there was insufficient evidence to establish juvenile court jurisdiction. We disagree. Facts Herbert and Yobby married in February 1985. Benjamin was bo...
Views: 0
Opinion This case involves serious allegations of intentional misconduct by the workers’ compensation claims administrator of a self-insured employer. Because these allegations relate to the enforcement of workers’ compensation benefits, we conclude exclusive jurisdiction lies with the workers’ compensation system. We do so, however, reluctantly. *1477Facts Plaintiff Michael Mitchell appeals a ju...
Views: 0
227 Cal. App. 3d 1590 (1991) 278 Cal. Rptr. 550 THE PEOPLE, Plaintiff and Respondent, v. CHARLES NEWLUN, Defendant and Appellant. Docket No. C003272. Court of Appeals of California, Third District. February 28, 1991. *1594 COUNSEL Stan Naparst for Defendant and Appellant. John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney Ge...
Views: 0
227 Cal. App. 3d 1289 (1991) 278 Cal. Rptr. 314 THE PEOPLE, Plaintiff and Respondent, v. AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, Defendant and Appellant. Docket Nos. E006402, E006769. Court of Appeals of California, Fourth District, Division Two. February 21, 1991. *1291 COUNSEL Mazo & Vidor and Paul M. Vidor for Defendant and Appellant. Grover C. Trask II, District Attorney, and Don R...
Views: 0
Opinion Sylvia West’s sandwich shop failed, and she moved out of the Sunray Plaza pad she had leased. The owner of Sunray Plaza sued for breach of the lease, and West cross-complained against the owner and The Henderson Group (Henderson), the leasing agent. Her cross-complaint was dismissed after the court determined West had not brought her action within the six-month limitation period p...
Views: 2
Opinion Once a court commissioner resigns and joins a law firm, under what circumstances, if not in all instances, should the firm be disqualified from representing a party to an action which, in any contested part, was heard by the former commissioner? The instant consolidated petitions for writ of mandate present this question. Both of the underlying actions are marital dissolution...
Views: 0
Opinion Father (appellant) appeals a judgment terminating parental rights and freeing Rikki D. for adoption. County counsel and counsel for the minor urge us to affirm. *1627 Facts The facts are undisputed. Rikki D. was born on July 8, 1986. Regina D. was born on October 13, 1987. On October 16, 1987, petitions to declare the minors dependent children under Welfare and ...
Views: 0
*1539 Opinion Introduction The People appeal from orders suppressing evidence and dismissing petitions under Welfare and Institutions Code section 602 against respondents Christopher H. and Troy M. Each petition alleged the minor was guilty of carrying a concealed firearm without a license (Pen. Code, § 12025, subd. (b)), possessing a concealable firearm without written perm...
Views: 1
228 Cal. App. 3d 32 (1991) 279 Cal. Rptr. 625 In re ROBERT W., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. ROBERT W., Defendant and Appellant. Docket No. B045467. Court of Appeals of California, Second District, Division Two. March 4, 1991. *33 COUNSEL Clark, Blaylock & Clark and Dawn Clark Blaylock for Defendant and Appellant. John K. Van de Kamp, A...
Views: 0
Opinion We reverse an order imposing sanctions. Facts Norman Bergman sued Rifkind & Sterling, among others, for damages. Irv M. Gross and his firm, Robinson, Diamant, Brill & Klausner, represent two of the defendants. Mr. Gross prepared a motion for summary judgment with a 22 i/z-page supporting memorandum of points and authorities. As Mr. Gross knew, the Los Angeles Superi...
Views: 0
Opinion Plaintiffs and appellants Marie Abou-Jaoude (Marie), Antoine Abou-Jaoude (Antoine) and Salwa Abou-Jaoude (Salwa) allegedly received rude or outrageous treatment at Los Angeles International Airport from defendant and respondent Karen Patterson (Patterson), a ticket agent of defendant and respondent British Airways. Appellants’ first amended complaint asserted four causes of action seeki...
Views: 0
228 Cal.App.3d 35 (1991) 278 Cal. Rptr. 706 RICHARD LUBETZKY, Plaintiff and Appellant, v. ROBERT FRIEDMAN et al., Defendants and Respondents. Docket No. B038108. Court of Appeals of California, Second District, Division Seven. February 20, 1991. *37 COUNSEL Richard Lubetzky, in pro. per., for Plaintiff and Appellant. Mark B. Shragge for Defendants and Respondents. OPINION LILLIE, P.J. Plaintiff R...
Views: 1
Opinion In a municipal court nonjury trial plaintiff DCM Partners (DCM) was awarded $11,912.50 representing the usurious interest *732 paid to defendant Cherrill Ann Smith on a secured promissory note. After the appellate department of the superior court affirmed the judgment, the case was certified to this court under California Rules of Court, rule 63 so that we might decid...
Views: 0
Opinion By nonjury trial appellant Christopher Donald Wilson was found guilty of residential burglary. (Pen. Code, § 459.) The court also found true the allegation that appellant was previously convicted of a serious felony, residential burglary. (Pen. Code, § 667, subd. (a).) The court sentenced appellant to a term of seven years in state prison, consisting of a low term of two years for burgl...
Views: 0
Opinion By nonjury trial appellant Michael Harris was found guilty as charged of first degree deliberate and premeditated murder, with the special circumstance that the murder was committed while in lying in wait and the further finding that appellant personally used a firearm in commission of the offense. (Pen. Code, §§ 187, 190.2, subd. (a)(15), 12022.5.) Thereafter the trial court received...
Views: 0
228 Cal.App.3d 92 (1991) 278 Cal. Rptr. 758 DOMINIC BRUSSO et al., Plaintiffs and Appellants, v. RUNNING SPRINGS COUNTRY CLUB, INC., et al., Defendants and Respondents. Docket No. E007267. Court of Appeals of California, Fourth District, Division Two. March 4, 1991. *96 COUNSEL Paula Forthun for Plaintiffs and Appellants. Sprague, Tomlinson & Nydam and William O. Carlisle for Defendants and R...
Views: 1
Opinion Objectors and appellants Susan and Duane P., parents of minor Walter P., appeal from a judgment freeing minor from their custody and control pursuant to Civil Code section 232. 1 They contend that (1) the res judicata effect of earlier lawsuits barred the freedom from custody and control action; (2) the judgment violates the doctrine of law of the case; (3) delay of the...
Views: 1
Opinion For decades, Americans have gone to the movies expecting popcorn and discount tickets for senior citizens and children. This suit challenges a theater’s right to offer these price discounts. Facts Plaintiff Isaac Starkman went with his wife and two children to the Mann’s National Theatre in Westwood, California, owned by defendant Mann Theatres Corporation. 1 ...
Views: 1
Opinion Appellant Anthony William Young was charged with felony burglary in violation of section 459 of the Penal Code. 1 A preliminary hearing was held on July 2, 1986, after which appellant pleaded guilty to the offense charged on the condition that the prosecutor recommend at sentencing that the court make an “unusual case” finding and grant probation with a condition of a six-month jail t...
Views: 0
*1418Opinion Plaintiff Robert I. Slater (Slater), an attorney, appeals from summary judgment1 entered against him and in favor of defendant Lawyers’ Mutual Insurance Company (LMIC), Slater’s professional liability insurer, on plaintiff’s complaint alleging LMIC breached its insurance contract and the implied covenant of good faith and fair dealing in denying Slater coverage under the policy with...
Views: 0
Opinion In this appeal, in the context of the Commercial Code, we are called upon to resolve a dispute over possession of a BMW automobile. Such dispute is between defendant’s attaching creditor and a third party claimant who delivered the BMW to defendant. The dispute arose when plaintiff, the attaching creditor, levied on the BMW, purportedly owned by defendant, an automobile dealer. Th...
Views: 1
Opinion Introduction We affirm the trial court’s judgment denying a petition for mandamus following the Department of Motor Vehicle’s suspension of petitioner’s driving license for failure to comply with the Financial Responsibility Law. Respondent Department of Motor Vehicles (DMV) held a hearing on December 5, 1989, before a referee concerning the suspension of the driving privilege of pe...
Views: 0
228 Cal.App.3d 390 (1991) 279 Cal. Rptr. 124 HENRY KNASS, Plaintiff and Appellant, v. BLUE CROSS OF CALIFORNIA, Defendant and Respondent. Docket No. D011798. Court of Appeals of California, Fourth District, Division One. March 11, 1991. *392 COUNSEL Lon F. Hurwitz for Plaintiff and Appellant. Munger, Tolles & Olson, Vilma S. Martinez and Mark H. Epstein for Defendant and Respondent. OPINION F...
Views: 1
Opinion On September 13, 1988, 70-year-old defendant James Basil Goodrum pleaded nolo contendere to a felony charge of driving under the influence of alcohol in violation of Vehicle Code section 23153, subdivision (a). 1 The charge stemmed from a single-car accident which resulted in the death of Roland Anners. According to the prosecution, Anners was a passenger in and Goodrum the driver of ...
Views: 1
*456Opinion Almost seven years after it was filed, a complaint was dismissed pursuant to the mandatory five-year dismissal statute (Code Civ. Proc.,1 § 583.3102). Appellant claims the limitation period was automatically tolled by his postarbitration trial de novo request, by the filing of his appeals, and because it was “impossible, impracticable, or futile” (§ 583.340) to bring the action to tria...
Views: 1
Opinion Scherri Charissa Nealy appeals from the judgment (order granting probation) entered following a court trial resulting in her conviction of possessing cocaine base for sale. (Health & Saf. Code, § 11351.5.) Prior thereto, she unsuccessfully brought a motion to suppress evidence. (Pen. Code, § 1538.5.) She contends: “I. The trial court erred in refusing to suppress evidence for a vi...
Views: 1
*513 Opinion Statement of the Case Defendant was charged by information in the Kern County Superior Court with: (1) count I, a violation of Penal Code section 245, subdivision (a)(1) (assault with force likely to produce great bodily injury) and (2) count II, a violation of Penal Code section 653m, subdivision (a) (making a threatening telephone call). It was alleged that in...
Views: 1
Opinion This is a statutory petition for a writ of mandate, Code of Civil Procedure section 418.10, subdivision (c), 1 to compel quashing service of summons. On May 6, 1988, plaintiff and real party in interest Duvall sued petitioner and defendant, Dr. Jellinek, in the small claims court for malpractice connected with plastic surgery performed on May 7, 1987, seeking damages of $1,500. Someti...
Views: 0
228 Cal.App.3d 502 (1991) 279 Cal. Rptr. 135 SOUTH BAY UNION SCHOOL DISTRICT, Petitioner, v. PUBLIC EMPLOYMENT RELATIONS BOARD, Respondent; SOUTHWEST TEACHERS ASSOCIATION, CTA/NEA, Real Party in Interest. Docket No. D012247. Court of Appeals of California, Fourth District, Division One. March 13, 1991. *504 COUNSEL Brown & Conradi, Clifford D. Weiler and Donna M. Williamson for Petitioner. Kr...
Views: 0
228 Cal.App.3d 548 (1991) 278 Cal. Rptr. 830 In re the Marriage of LONNIE and BETTY JEFFRIES. LONNIE JEFFRIES, Respondent, v. BETTY JEFFRIES, Appellant. Docket No. E006668. Court of Appeals of California, Fourth District, Division Two. March 14, 1991. *549 COUNSEL Stuart A. Holmes for Appellant. Maroney & Brandt and Barry Brandt for Respondent. OPINION TIMLIN, J. The instant appeal arises within ...
Views: 0
*115 Opinion Introduction On December 11, 1985, the plaintiffs, Security Environmental Systems, Inc., and its wholly owned subsidiary, California Thermal Treatment Service, Inc., submitted applications for South Coast Air Quality Management District permits to construct (permits) the first hazardous waste incineration facility in the State of California. The incinerator woul...
Views: 0
*540 Opinion Introduction Appellant Joyce M[ason appeals from a summary judgment. She argues a triable issue of fact exists as to when respondent’s alleged malpractice caused her injury. We agree and reverse. Factual and Procedural Background In September 1977, Mason became a patient of respondents Dr. Charles E. Hansen and Susan Hansen. Charles Hansen is a license...
Views: 2
Opinion By jury trial appellants Donald Coe, Ronald O. Coe and Alan M. Betts were convicted of one count of conspiracy and nine counts of burglary. (Pen. Code, §§ 182, 459.) Each was sentenced to state prison. The conspiracy and burglaries involve a sophisticated safecracking scheme. Between November 1983 and April 1984, appellants burglarized *529 nine commercial establ...
Views: 0
*567 Opinion In what is apparently a case of first impression, we will hold that the special circumstances jury trial provision of Penal Code 1 section 190.4, subdivision (a) is not mandated by the California Constitution. Statement of the Case In information number 25143 Fermín Fredric Moreno and his brother, Fernando Moreno (collectively appellants), were charged with the murder of He...
Views: 0
Opinion Facts and Procedural History Robert Daniels died on March 25, 1982. The second amendment to the Robert and Isabelle Daniels Living Trust of 1982 established a qualified terminable interest property (QTIP) trust which gave Isabelle, as surviving spouse, the income for life and a limited power of appointment over the remainder. Isabelle died on April 6, 1984. She had received $242,245.63 in...
Views: 0
Opinion The primary issue raised by this appeal is whether Proposition 105, an initiative measure, violates the single-subject rule contained in article II, section 8, subdivision (d) of the California Constitution. Having *666 determined that it does, we reverse the judgment denying the petition for writ of mandamus which sought to halt implementation of the measure. I Proposition 105 on...
Views: 2
227 Cal.App.3d 1657 (1991) 278 Cal. Rptr. 596 FRANK McCOY et al Plaintiffs and Appellants, v. HEARST CORPORATION et al., Defendants and Respondents. Docket No. A045724. Court of Appeals of California, First District, Division Five. March 1, 1991. *1658 COUNSEL Charles O. Morgan, Jr., and Paul Kleven for Plaintiffs and Appellants. Pillsbury, Madison & Sutro, Walter R. Allan, Jerome C. Doughert...
Views: 2
Opinion Plaintiff and appellant Ray Menefee was a former month-to-month tenant of premises owned by defendants and respondents Karl Ostawari and Sylvia Weiss, individually and doing business as O.W. Investments, and O.W. Investments. By his complaint, appellant alleged his month-to-month tenancy was wrongfully terminated by defendants in violation of the San Francisco Rent Control Ordinan...
Views: 0
Opinion Paul Green pled guilty to the possession of cocaine for sale (Health & Saf. Code, § 11351), theft of a vehicle (Veh. Code, § 10851), assault with a firearm (Pen. Code, § 245, subd. (a)(2)) and participation in a criminal street gang (Pen. Code, § 186.22, subd. (a)). He was sentenced to two years in state prison (a two-year term was imposed for conviction of the cocaine charge and ...
Views: 0
Opinion The Director of the Department of Industrial Relations (Director), as Administrator of the Uninsured Employers’ Fund (UEF), seeks review of a decision by the Workers’ Compensation Appeals Board (Board) subjecting the UEF to liability for injuries which applicant Abdias Albiter sustained while working on an almond ranch owned by defendant Lars Johnson. The Board found that applican...
Views: 0
*593 Opinion Sergio R. (Sergio) and Leonardo R. (Leonardo) appeal from orders of the juvenile court sustaining the respective petitions filed against them arising from a drive-by shooting. Except for modification of the sentence as to Leonardo, we affirm the orders in their entirety. Factual Statement On the evening of February 24, 1989, a conflict took place betwe...
Views: 2
Opinion Defendant Jess Flora was charged by information with a felony violation of a child custody order (former Pen. Code, § 278.5, subd. (a)) 1 and false imprisonment (§§ 236-237). The jury convicted him of the child custody order violation charge, but acquitted him of the false imprisonment charge. Appellant appeals his conviction. We affirm. Facts and Proceedings ...
Views: 0
Opinion Greg Hawley appeals from an order denying his petition for expungement of his conviction after he was discharged prior to the termination of the period of his probation. (Pen. Code, § 1203.4.) 1 He contends the trial court had no discretion to deny the petition. We agree and reverse the order. 2 *249 I Facts Hawley pled guilty to one count of nonforcible sodomy with a person...
Views: 0
Opinion After denial of portions of defendant’s motion to quash and traverse the search warrant and suppress evidence (Pen. Code, § 1538.5), defendant withdrew his plea of not guilty and pleaded guilty to one count of manufacturing methamphetamine (Health & Saf. Code, § 11379.6, subd. (a)), and admitted to be true the allegation that the substance containing methamphetamine exceeded three...
Views: 0
*1343 Opinion In Watters Associates v. Superior Court (1990) 218 Cal.App.3d 1322 [267 Cal.Rptr. 696] (Watters I) we held that an injured temporary employee could not pursue a civil action against his employment agency for an injury caused by his temporary employer’s removal of the point of operation guard on a power press. Under Labor Code section 4558 only the employer who actually rem...
Views: 0
228 Cal.App.3d 434 (1991) 278 Cal. Rptr. 918 TANJA H., Plaintiff and Appellant, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Defendants and Respondents. Docket No. A046913. Court of Appeals of California, First District, Division Two. March 12, 1991. *435 COUNSEL Tesler & Sandmann, Pauline H. Tesler and Eve T. Contente for Plaintiff and Appellant. Crosby, Heafey, Roach & May, Pe...
Views: 0
Opinion Appellants contend the trial court should have set off against the damage award an amount stipulated in a settlement agreement, that there was insufficient evidence to support the jury’s verdict, and that the trial court gave an erroneous jury instruction. The judgment is reversed and remanded for a hearing on the issue of setoff. In all other respects, the judgment is affirm...
Views: 2
Opinion Shedrick Jones appeals from an order declaring his son, Aaron S., a dependent of the court. The court sustained the dependency petition on a number of grounds pertaining to the child’s mother and one pertaining to appellant, that appellant was incarcerated and had not arranged for placement of the child before he was removed from the mother’s custody. Appellant contends that the court misi...
Views: 0
Opinion Michael Gutierrez appeals under Penal Code section 1237, from the sentence imposed on him in case No. 16778-C for violations of Penal Code1 sections 459 (residential burglary), 496 (receiving stolen property), and in case No. 16135-C for violation of section 666 (theft). Appellant was found guilty of residential burglary and receiving stolen property in a jury trial, and in a separate and ...
Views: 0
228 Cal.App.3d 139 (1991) 278 Cal. Rptr. 770 VERNA MAGNUSON-HOYT, Plaintiff and Appellant, v. COUNTY OF CONTRA COSTA, Defendant and Respondent. Docket No. A049464. Court of Appeals of California, First District, Division Three. March 5, 1991. *141 COUNSEL Curran & Alschuler and Donald W. Curran for Plaintiff and Appellant. Gordon, DeFraga, Watrous & Pezzaglia and Timothy J. Ryan for Defendant and...
Views: 0
Opinion This petition presents novel procedural and substantive questions about recording and removing mechanics’ liens. Real party in interest *385 William MacEwen, a licensed general contractor (contractor), recorded a lien for $117,328.05 against property owned by petitioners Claude and Micheline Lambert (owners). By contractor’s own admission, most of the lien is based up...
Views: 0
Opinion The People appeal from an order dismissing a criminal action against respondent, Calvin Coolidge Jones. They claim the trial court erred when it granted respondent’s motion to suppress evidence. We disagree and affirm. I. Factual and Procedural Background Shortly before 9 p.m. on August 31, 1989, Oakland Police Officer James Burns was on patrol in a marked car when he sa...
Views: 0
*218 Opinion Prior judicial decisions have dealt with Clear Lake, a natural and navigable lake in Northern California. Its water level is subject to marked, seasonal fluctuations. Those prior decisions have recognized that, under normal conditions, the “minimum elevation” of the water level is approximated at zero elevation on the Rumsey Gauge, a measuring device placed in the la...
Views: 0
Opinion This is an appeal from an order granting a preliminary injunction, the effect of which is to prevent the owners of nine hotels managed by Embassy Suites, Inc. (Embassy) from terminating Embassy’s management contracts pending the resolution of an arbitration to determine whether Embassy breached the contracts. Because the injunction violated several principles governing the issuanc...
Views: 0
Opinion The People appeal pursuant to Penal Code section 1238, subdivision (a)(8),1 from a pretrial order of dismissal (§ 1385, subd. (a)) in this case charging defendant Vince Yarbrough with one count of robbery of Grace Bacud (§ 211). At issue are the appealability of the order of dismissal, the reviewability of evidentiary rulings preceding the dismissal, and whether the trial court correctly r...
Views: 0
228 Cal. App. 3d 604 (1991) 278 Cal. Rptr. 900 DAISY ASHCRAFT, Plaintiff and Appellant, v. JOHN D. KING, Defendant and Respondent. Docket No. B043675. Court of Appeals of California, Second District, Division Seven. March 15, 1991. *608 COUNSEL Ian Herzog and Evan Marshall for Plaintiff and Appellant. Baker, Silberberg & Keener, Robert C. Baker, Thelen, Marrin, Johnson & Bridges, Curtis A...
Views: 0
Opinion Civil Code section 227b authorizes the superior court to set aside a decree of adoption within five years of its entry where the adopted child manifests a developmental disability or mental illness as a result of conditions which existed prior to the adoption and of which the adoptive parents had neither knowledge nor notice. The disability or illness must also be of such nature t...
Views: 0
Opinion Holding Workers’ compensation is not an employee’s exclusive remedy against an employer/hospital for its negligence in treating and thereby aggravating an industrial injury. *761 Statement of the Case Plaintiff Louisa Sturtevant filed an action for medical malpractice against her employers County of Monterey and Natividad Medical Center and a co-emp...
Views: 0
Opinion We hold here that a second juvenile court petition filed under Welfare and Institutions Code 1 section 602, not alleging a violation of probation and not seeking aggregation of confinement time, is not part of the same proceeding arising from the original petition. Thus, the referee hearing the second petition, who served as deputy district attorney prosecuting the first petition, is ...
Views: 0
228 Cal.App.3d 713 (1991) 279 Cal. Rptr. 22 CITY OF SANTEE et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; J.M.R. COMPANY, Real Party in Interest. Docket No. D012941. Court of Appeals of California, Fourth District, Division One. February 25, 1991. *715 COUNSEL Randal Morrison and Donald F. McLean, Jr., City Attorneys, for Petitioners. No appearance for Respondent. Cla...
Views: 1
*707 Opinion As a general rule an employee injured in the course and scope of his or her employment must proceed administratively through the workers’ compensation system to obtain the benefits provided by the Workers’ Compensation Act, Labor Code section 3200 et seq. 1 (§ 3600, subd. (a).) There are statutory exceptions to this general rule, however, authorizing the i...
Views: 0
Opinion The People filed an information charging defendant and respondent David Wayne Sconce (Sconce) with conspiracy to commit murder. (Pen. Code, §§ 182, 187, subd. (a).) 1 The trial court set the information aside because it found Sconce effectively had withdrawn from the conspiracy. (§ 995.) The People appeal. (§ 1238, subd. (a)(1).) Because withdrawal cannot insulate ...
Views: 1
Opinion Introduction In this case, the trial court not only erred in denying a motion which should have been granted, it also imposed sanctions against the moving party, a codefendant which had not joined in the motion, and their attorney. MBS Optics, Inc. (MBS), Optical Surplus, Inc. (Optical), and their attorney, Terrance McKnight (collectively appellants), appeal from the tri...
Views: 0
Opinion Wendy Dawn Leslie Fuss (Fuss) has petitioned for a writ of mandate to require respondent Superior Court for the County of San Bernardino (respondent court) to dismiss the complaint brought by real party in interest Lawrence Scot Madsen (Madsen). Fuss’s petition presents an issue of first impression: Does putative father, who brought an action under Civil Code section 7006, subdivisions ...
Views: 0
Opinion In this action on a promissory note, the court by nonjury trial gave judgment for plaintiff and respondent Akbar Kazerouni against defendants and appellants Steve and Mary De Satnick. The judgment further provides that appellants take nothing by their cross-complaint for breach of warranty. Respondent sold his business (Photo Run Inc., a photo-developing store) to appellants ...
Views: 0
*807 Opinion By this appeal, appellant Bellflower Education Association, CTA/NEA (the Union), seeks reversal of a judgment vacating an arbitration award and requests an order remanding the case to the superior court for confirmation of that award. Respondent Bellflower Unified School District (the District), against whom the award issued, maintains that the award was properly vacated as being...
Views: 1
228 Cal.App.3d 967 (1991) 279 Cal. Rptr. 89 JACK N. YOUNESI, Plaintiff and Respondent, v. FRANKLIN K. LANE III, Defendant and Appellant. Docket No. B040751. Court of Appeals of California, Second District, Division One. March 21, 1991. *969 COUNSEL Franklin K. Lane III, in pro. per., for Defendant and Appellant. Ronald E. Faulk for Plaintiff and Respondent. OPINION ORTEGA, J. — BACKGROUND This c...
Views: 0
Opinion Donald L. Harper appeals from his conviction, following a jury trial, of first degree murder with use of a firearm (count one), preventing and dissuading a witness by means of force or threats (count four), and two counts of inducing a witness to give false testimony by force or fear (counts three and five). Facts The Murder On February 5, 1988, Tyrone Pouncy was killed on a sta...
Views: 1
Opinion Petitioner State Farm Mutual Automobile Insurance Company (State Farm) seeks a writ of mandate to vacate the order of respondent superior court excluding all evidence of State Farm’s advice of *724 counsel defense to a claim of insurance bad faith alleged by real parties in interest Johnson Kinsey, Inc., Edward Allen Wenz, Jr., Mary L. Johnson, Paul Kinsey, James M. J...
Views: 0
Opinion Defendant Suzanne Boyajian appeals from a judgment of conviction after a court trial of assault with a deadly weapon on a peace officer (Pen. Code, § 245, subd. (b)).1 The People also alleged in the information that defendant was personally armed with a knife and that the offense was a serious felony (§§ 667, 1192.7). On appeal defendant argues the trial court erred: 1) in finding the requ...
Views: 0
Opinion In this case we hold it was error to set aside an information solely because the defendant was represented at his preliminary hearing by a deputy public defender, who thereafter discovered for the first time that a prosecution witness had previously been represented by the public defender’s office. We conclude no substantial right of the defendant was denied at the preliminary hearing, ...
Views: 0
Opinion Defendant appeals from the judgment and sentence imposed following his conviction (by negotiated plea) of second degree burglary. (Pen. Code, §§ 459, 460.) In the trial court, defendant made a motion to peremptorily disqualify the sentencing judge pursuant to Code of Civil Procedure section 170.6. (All further statutory references are to the Code of Civil Procedure.) 1 The trial cou...
Views: 0
Opinion Appellant, Michele G., appeals from a judgment under the Uniform Parentage Act (Civ. Code, § 7000 et seq.) determining that respondent, Nancy S., is the only parent of the two minor children that respondent conceived by artificial insemination during her relationship with appellant. *834 The judgment further provided that respondent, as the only legal parent of the tw...
Views: 0
Opinion Petitioner, Associated Truck Parts, seeks a writ of mandate compelling the trial court to grant its motion for summary adjudication of issues on the ground that this action is barred by the applicable statute of limitations. The issue presented is what effect the subsequent retention of counsel has on the tolling provisions set forth in Insurance Code section 11583, as amended in ...
Views: 0
Opinion Appellant was convicted of battery resulting in serious injury (Pen. Code §§ 242 and 243, subd. (d)), for inflicting a brutal and cowardly beating upon a man considerably smaller and 25 or 30 years older than himself. The victim of the battery was Roy Hunt, who, on the evening of August 31, 1989, “had a barbeque” at his house with Linda Graves and appellant. Graves was at that time rent...
Views: 0
Opinion Appellant challenges the sufficiency of the evidence to sustain the findings in his juvenile court proceeding. The court found appellant conspired to violate Penal Code sections 240 (assault), 245 (assault with a deadly weapon), and 415, subdivision (1) (fighting and challenging to fight). 1 The overt act alleged and found was that appellant entered a van with members o...
Views: 1
*935 Opinion Plaintiffs in this case are five cities: the Cities of Rancho Cucamonga, Temple City, Compton, El Segundo and Carson (the city plaintiffs) and five individuals: Dennis Stout, Ken Gillanders, Walter Tucker, Carl Jacobson and Katherine A. Calas, each of whom is a property owner and taxpayer of one of the city plaintiffs. Defendants are the Counties of San Bernardino an...
Views: 0
Opinion We issued an order to show cause to review a summary adjudication granted in favor of real party in interest New Car Dealer Associates (NCDA), a defendant in this action brought by petitioner Glynis Pistone (Pistone) against NCDA and Diablo Leasing Company, doing business as Walnut Creek Nissan (Nissan), over defendants’ denial of claims Pistone made under a vehicle service contra...
Views: 0
Opinion After the trial court denied his motion to suppress evidence (Pen. Code, 1 § 1538.5) produced as a result of an *1051 impoundment inventory search of his car, Luis Fernando Aguilar (Aguilar) pleaded guilty to one count of possessing stolen property (§ 496). The court suspended imposition of sentence and granted him two years’ probation. He appeals, contending the court erred in deny...
Views: 0
Opinion This lawsuit presents the issue of whether the parents of a minor who impregnates his girlfriend are liable for civil damages under Civil Code 1 section 1714.1 resulting from the ensuing birth of the child. Facts In 1985, when they were both minors, Cynthia M. and Rodney E. had a dating relationship. In March 1986, Cynthia, then 16 years old, gave birth to a c...
Views: 0
Opinion Under Probate Code sections 2580 through 2586 a superior court may, upon the petition of any interested person and after consideration of all relevant circumstances, authorize or require a conservator to take actions of various kinds with respect to the conservatorship estate. In essence the statute permits the court to substitute its judgment for that of a conservatee. Wells...
Views: 0
228 Cal.App.3d 1088 (1991) 279 Cal. Rptr. 388 In re GEORGE B., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. GEORGE B., Defendant and Appellant. Docket No. C008027. Court of Appeals of California, Third District. March 25, 1991. *1090 COUNSEL Richard L. Phillips and Barbara Michel, under appointments by the Court of Appeal, for Defendant and Appellant. Joh...
Views: 1
Opinion Plaintiff sued defendant, alleging she suffered personal injuries and loss of property when personal property was stolen from her while she was a guest at a hotel owned and operated by defendant. Following settlement of plaintiff’s personal injury claim, a court trial was held on her claim for loss of personal property. Stipulating to the underlying facts, the parties asked the court to...
Views: 0
Opinion In this insurance coverage dispute, Lynette C. (Lynette) appeals from a summary judgment in favor of National Union Fire Insurance Company (National). The only issue on appeal is whether the foster parents’ liability insurance policy issued by National affords coverage to Debra Lopes (Debra), Lynette’s foster mother who negligently failed to protect Lynette from sexual molestation...
Views: 0
Opinion Charles Edwards (Edwards) appeals from a defense verdict and judgment rendered in his action for personal injuries against Post Transportation Company (Post). His case was presented to the jury on theories of negligence. His sole ground of appeal is that the court refused to permit him to argue, in addition to the negligence theory, a claim of strict liability based on Post’s participation...
Views: 0
Opinion Defendant, who was convicted of second degree murder and false imprisonment, contends that the court made numerous erroneous rulings relating to the rejection of requested instructions, the use of prior arrest reports, and various sentencing errors. Since we conclude that the court improperly refused to give an involuntary manslaughter instruction, we reverse the murder conviction and a...
Views: 0
Opinion Defendant was convicted in different cases as follows: In case number 79827, defendant pled guilty to one count of possession of heroin (Health & Saf. Code, § 11350) committed on March 30, 1987. In case numbers 83725 and 85378, consolidated for trial, defendant was found guilty of two counts of possession of a concealable firearm by an ex-felon (Pen. Code, 1 §...
Views: 0
Opinion Raymond Arthur Shields’s appeal presents the issue whether a felony conviction of a minor in adult court, followed by successful completion of a commitment to the California Youth Authority and honorable discharge working a release from “all penalties and disabilities” pursuant to Welfare and Institutions Code section 1772, 1 may support a five-year serious felony enhan...
Views: 3
Opinion In this case we conclude that an employee who is terminated in retaliation for reporting to his or her employer reasonably suspected *1120 illegal conduct by other employees that harms the public as well as the employer, has a cause of action for wrongful discharge. 1 Factual and Procedural Summary Because this case challenges the sustaining of a dem...
Views: 0
Opinion Here we hold that the time period for an extended commitment of a mentally disordered sex offender (MDSO) under Welfare and Institutions Code 1 section 6316.2 includes both inpatient and outpatient status. Allan Roy Gunderson was committed as an MDSO in 1980 pursuant to section 6300 et seq. 2 He appeals an order revoking his outpatient status. We find his commitment has terminated...
Views: 1
Opinion Appellant Edith M. appeals from a disposition order removing her two-year-old son, Rodger H., from her custody pursuant to dependency proceedings under Welfare and Institutions Code section 300, subdivision (b).1 (Undesignated statutory references are to the Welfare and Institutions Code.) She contends on appeal (1) she was not given adequate notice of the grounds upon which Rodger was rem...
Views: 1
Opinion Kirk Migdal, a deputy public defender who was attorney of record for defendant Mark Outler Tabb in a felony matter, was sanctioned $75 by the municipal court pursuant to Code of Civil Procedure section 177.5 1 when he failed to timely appear at Tabb’s scheduled preliminary hearing. In an appeal to the appellate department of the superi- or court, Migdal challenged the a...
Views: 1
228 Cal.App.3d 1128 (1991) 279 Cal. Rptr. 459 AWARD METALS, INC., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; LUIS HERNANDEZ, Real Party in Interest. Docket No. B053308. Court of Appeals of California, Second District, Division Four. March 26, 1991. *1131 COUNSEL Tobin, Lucks & Goldman and Thomas J. Rafacz for Petitioner. No appearance for Respondent. Gilbert R. Geili...
Views: 2
Opinion The plaintiffs and appellants Wilshire Bundy Corporation, a California corporation, doing business as Sy’s Deli, Murray Shulman and Seymour Levy (collectively plaintiffs) appeal an order of dismissal made under Code of Civil Procedure sections 583.310 and 583.360 1 for failure to bring the case to trial within five years. Such dismissal order was entered in favor of the...
Views: 4
Opinion Facts On November 28, 1989, the County of Riverside (County), by and through its board of supervisors, adopted Resolution No. 89-536 and certified Environmental Impact Report No. 217 (EIR No. 217), thus finalizing approval of Comprehensive General Plan Amendment No. 52, commonly known as the Southwest Area Community Plan or “SWAP,” which covers approximately 210,000 acres or 320 squar...
Views: 1
*1275 Opinion At issue in this case are the terms of an insurance policy purchased by appellant John D. Perzik, M.D., from respondent St. Paul Fire & Marine Insurance Company, and the extent of respondent’s duty to defend appellant in the context of a federal criminal grand jury investigation and subsequent proceedings. Factual and Procedural Background In 1986, app...
Views: 1
Opinion After appellant Linda Shepard, as a public officer, was held to answer on the charges by a magistrate at the preliminary hearing, an information was filed alleging in counts I, II and IV, violations of Penal Code 1 section 424, subdivision 1, misappropriation of public moneys; in count III, a violation of section 424, subdivision 4, fraudulent falsification of public money account; in...
Views: 1
Opinion Plaintiffs are Brian Sharp, an insured driver, Stephen Sharp, his father, and Juan Heredia, an injured claimant, who *1349 obtained a $1.1 million judgment for personal injuries resulting from Brian Sharp’s negligence. Together, they sued Brian Sharp’s insurance company, Farmers Insurance Exchange (Farmers), asserting statutory, tort, and contract claims, including br...
Views: 0
*1109Opinion A bar charters an excursion ship for the purpose of having a Halloween party. The ship is owned and operated by a common carrier. During the party a passenger is killed by a bullet fired from a handgun which struck the deck after falling from beneath the costume of another passenger who is a peace officer authorized to carry a concealed weapon while not on duty. The question presente...
Views: 0
Opinion Ian Dominguez and Frank Patrick Dominguez appeal from a judgment entered upon the granting of motions for summary judgment filed by respondents the City of Fairfield and the Redevelopment Agency of the City of Fairfield (hereafter collectively referred to as Fairfield), and Solano Irrigation District (SID). This wrongful death action arises from the tragic death of appellants’ dec...
Views: 1
Opinion We hold that police officers cannot rely on the “good faith exception” to validate an arrest if the arrest warrant is negligently delayed in being recalled and the warrant is erroneously shown as still outstanding. Ralph Foster Ivey was convicted in a court trial of possession of cocaine (Health & Saf. Code, § 11350) and was found to have served a prior prison term (Pen. Code...
Views: 1
Opinion This case presents the question of what remedies are available to a lessee-buyer in the purchase and sale of equipment financed by a lease arrangement when the equipment is defective and the financing lessor has disclaimed all express and implied warranties to the equipment. We hold that a financing lessor may validly disclaim all warranties, provided the lessee-buyer has an adequ...
Views: 1
228 Cal.App.3d 1417 (1991) 279 Cal. Rptr. 547 THE PEOPLE, Plaintiff and Appellant, v. AMEEN H. GAZALI, Defendant and Respondent. Docket No. A048711. Court of Appeals of California, First District, Division Three. March 29, 1991. *1418 COUNSEL John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney Ge...
Views: 0
*1315 Opinion Petitioner/appellant Donnie Sullivan appeals the denial of her petition for a peremptory writ of mandate sought to compel her employer, respondent Calistoga Joint Unified School District, to reclassify her from a categorically funded teacher to a permanent part-time teacher effective the beginning of the 1987-1988 school year. She contends: (1) the evidence is insuf...
Views: 0
228 Cal.App.3d 1456 (1991) 279 Cal. Rptr. 858 THE PEOPLE, Plaintiff and Respondent, v. ROBERTO SIERRA MARTINEZ, Defendant and Appellant. Docket No. F012153. Court of Appeals of California, Fifth District. March 29, 1991. *1458 COUNSEL Douglas C. Littlejohn and Richard G. Rumery, under appointments by the Court of Appeal, for Defendant and Appellant. *1459 John K. Van de Kamp and Daniel E. Lungren...
Views: 0
228 Cal.App.3d 1500 (1991) 279 Cal. Rptr. 647 THE PEOPLE, Plaintiff and Respondent, v. ROBERT ALLEN HOGUE, Defendant and Appellant. Docket No. F013804. Court of Appeals of California, Fifth District. April 1, 1991. *1502 COUNSEL Jerome McGuire, under appointment by the Court of Appeal, for Defendant and Appellant. John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorne...
Views: 0
228 Cal.App.3d 1508 (1991) 279 Cal. Rptr. 566 In re RAYMOND M., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. RAYMOND M., Defendant and Appellant. Docket No. F013400. Court of Appeals of California, Fifth District. April 2, 1991. *1509 COUNSEL Ann Jory, under appointment by the Court of Appeal, for Defendant and Appellant. John K. Van de Kamp and Daniel E....
Views: 0
Opinion Plaintiff and cross-defendant Sea Castle Apartments, Ltd. (Sea Castle), and defendant and cross-complainant Santa Monica Rent Control Board (Board) each appeal from a judgment entered following an order granting Board’s motion for summary judgment. In the published portion of this opinion, we determine that, where the maximum allowable rental rates established by local ordinance have been ...
Views: 0
Opinion We issued an alternative writ of mandate in these three consolidated proceedings to address a single issue: Does the California *1490 Community Redevelopment Law (Health & Saf. Code, § 33000 et seq.— hereinafter cited as the CRL and/or by statutory section number only) contain an administrative review procedure which must be pursued and exhausted before a party is ent...
Views: 0
*1590 Opinion The People seek a writ of mandate directing the respondent court to honor their peremptory challenge under Code of Civil Procedure section 170.6. In People v. Superior Court (Hall) (1984) 160 Cal.App.3d 1081 [207 Cal.Rptr. 131], we held that for purposes of Code of Civil Procedure section 170.6, the assignment of a case to a particular department, rather than to the judge ...
Views: 0
Opinion In this appeal, Intel Corporation and Associated Claims Management, Inc. (collectively referred to as Intel) challenge the trial court’s dismissal of their complaint for failure to comply with the trial court delay reduction (fast track) rules of the Los Angeles Superior Court. We conclude that the governing statute gives discretion to dismiss an action under appropriate circumstances. ...
Views: 1
*1596 Opinion In this first impression case which has significant fiscal impact for county government, its employees, and retirees, we hold (1) Government Code section 53205.2 does not require a county to provide health care benefits to retirees which are equal to those provided to active employees, and (2) that Government Code section 25263 exempts county’s self-insured health benefit plan f...
Views: 0
Opinion A jury convicted defendant Alfred David Fiscalini of driving under the influence of alcohol causing injury to more than one victim (Veh. Code, §§ 23153, subd. (a), 23182), being under the influence of a controlled substance (Health & Saf. Code, § 11550), driving with a suspended license (Veh. Code, § 14601.1, subd. (a)), and possessing 28.5 grams or less of marijuana (Health & Saf...
Views: 0
Opinion Appellant, a Santa Monica landlord, petitioned for writ of mandate to overturn the Santa Monica Rent Control Board’s (Board) determination that parking is a base amenity for 38 of the 46 rent controlled units in appellant’s building. The superior court applied the substantial evidence test and upheld the Board’s determination. This appeal followed. Under the facts of this case, we...
Views: 1
Opinion This appeal from an order committing Steven O. to the California Youth Authority raises several interesting issues. We initially hold that a juvenile court referee is disqualified from hearing a supplemental petition alleging violation of probation terms in an earlier order resulting from a petition prosecuted by the referee in his previous role as a‘ deputy district attorney. Bec...
Views: 1
Opinion Appellants are the surviving family members of decedent, Renee Lopez. They include decedent’s mother, Dolores Lopez, who is named individually and as administratrix of decedent’s estate, and six surviving siblings, four of whom were adults at the time decedent died. Respondent is Ralph Sikkema, who is named individually and doing business as Sikkema Dairy. The issues on appeal are...
Views: 0
*195 Opinion Plaintiffs Kathleen and August Griffin appeal an order enforcing a judicial settlement. We reverse and hold Insurance Code section 11583 1 does not permit defendants to deduct from settlement proceeds an advance payment made to plaintiffs’ insurer-subrogee. Facts On April 13, 1987, defendant David Frank Calistro collided with an automobile driven...
Views: 0
*201 Opinion Northwest Financial, Inc., a Nevada corporation, appeals a judgment sustaining a demurrer in favor of the State Board of Equalization and San Diego County. Northwest Financial’s complaint revisits equal protection and right to travel constitutional challenges to the real property “acquisition value” taxation system established by Proposition 13, which were rejected b...
Views: 0
Opinion This is an appeal from a permanency plan order of the juvenile court made pursuant to Welfare and Institutions Code section 366.25.1 The permanency plan was to refer the dependent minor child, Johnny M. (minor), for adoption. The order was made after the court found that the reunification efforts made by respondent, the County of Los Angeles (County), on behalf of the minor and his mother ...
Views: 1
*1634 Opinion I. Introduction Defendant Hana Martins appeals from a judgment of conviction for grand theft of personal property in violation of Penal Code section 487, subdivision l. 1 The sole contention of defendant is that the motion to suppress evidence pursuant to section 1538.5 should have been granted. We determine that defendant could not even contest the validity of the search an...
Views: 0
Opinion Statement of the Case Defendant James Culcasi (Culcasi), doing business as Rosine’s, a restaurant, appeals from a judgment entered after the trial court granted plaintiff Aim Insurance Company’s (Aim) motion for summary judgment. He claims the court erred in granting the motion. We affirm the judgment. *213 Scope of Review The trial court may proper...
Views: 0
Opinion Defendants Marcus Schaeffer, M.D. (Schaeffer) and Kearny Mesa Industrial Medical Centers, a California corporation, doing business as Industrial Medical Centers (IMC) appeal from a judgment entered against them and in favor of respondent Robert J. Felton (Felton) in the amount of $67,210. The action arose out of an alleged negligent preemployment physical examination of Felton. ...
Views: 1
Opinion Defendant was convicted after jury trial of assault with intent to commit rape, in violation of Penal Code section 220, 1 and of false imprisonment with violence or menace, in violation of section 236. He admitted two prior felony offenses, namely, robbery and assault with a deadly weapon, both within the meaning of section 667, and they were found true by the trial court. Defendant w...
Views: 0
*28 Opinion Plaintiff, an attorney miffed at the imposition of sanctions, attempted to recoup the loss by suing opposing counsel in a new action for breach of contract and fraud. Defendants petitioned for extraordinary relief when their demurrer and motion to strike were overruled. They are entitled to it. I The present lawsuit had its genesis in a Los Angeles Superior ...
Views: 1
Opinion Ronald Raul Romo (appellant) appeals from a judgment of the Superior Court of Santa Cruz County denying his petition for a writ of mandate seeking to prevent the California Department of Motor Vehicles (DMV or respondent) from suspending his California driver’s license based on three convictions for drunk driving within seven years. (Veh. Code, §§ 13352, subd. (a)(5), 23170.) 1 The pe...
Views: 0
Opinion More than eight and a half years elapsed between the filing of an indictment, charging defendant with murder and conspiracy to *305commit murder, and defendant’s arrest. During the intervening period, defendant was a fugitive living in Venezuela. The People appeal from an order dismissing the charges on the ground defendant was denied a speedy trial as guaranteed by the Sixth Amendment to...
Views: 3
Opinion Amwest Surety Insurance Company (Amwest) appeals from an order denying its motion to vacate forfeiture of bail and exonerate the bond in two criminal actions against defendant Ruben Williams. Amwest’s sole contention on appeal is that it made an effective surrender of Williams within the meaning of Penal Code sections 1300, 1301, and 1305, and the forfeitures should therefore have...
Views: 1
Opinion Procedural History Appellant County of Fresno (County) appeals a trial court’s ruling sustaining a demurrer without leave to amend and granting judgment dismissing the County’s petition for writ of mandate and complaint for declaratory relief. *343 County was ordered to pay attorney’s fees in the amount of $88,120 pursuant to Code of Civil Procedure section 1021.5 1 in Fresno Su...
Views: 0
Opinion Jack K. Weber appeals the sustaining of a demurrer without leave to amend his opposition to probate of his mother’s will. (Prob. Code, § 8250.) 1 He contends he has standing as an interested person, despite the trial court’s finding the result would be the same whether he is a beneficiary pursuant to the will or receives his share pursuant to intestacy. *24 I The decedent, Sonya...
Views: 0
Opinion This is an appeal from a permanency planning order made by the juvenile court pursuant to Welfare and Institutions Code section 366.252 regarding the four children of appellant Ines N. (Mother). Ruth M., the oldest of the four children, was placed in long-term foster care in one foster home, and Betzel M. (Betsy), Thomas M., and Maria M. (collectively, the three younger children) were plac...
Views: 0
Opinion The Canadian Insurance Company of California (hereinafter, Canadian) brought an action for declaratory relief to determine whether Canadian’s automobile liability insurance policy covered John Bohm’s (John) use of Robert Bohm’s (Robert) car. Canadian successfully moved for summary judgment, establishing no such coverage. The persons injured by John’s use of the car and the survivo...
Views: 0
I concur in the judgment and opinion except for part IV, as to which I dissent. In part IV the majority opinion upholds the judgment of sentence predicated upon the finding that defendant was a habitual criminal within the meaning of Penal Code section 667.7, subdivision (a) and therefore subject to a term of life imprisonment.1 It does so on the theory that defendant’s 1966 conviction of first de...
Views: 0
*424 Opinion Defendants and Appellants, Harry W. Gorst Company, Inc., and insurance companies, English and American Group PLC, Terra Nova, Excess Insurance Group and Bishopgate (insurance companies), appeal from a judgment entered after a jury verdict in favor of plaintiff and respondent, Liberty Transport, Inc. Because there is at least one cause of action free from error and su...
Views: 0
Opinion May a public employer order one of its employees, on pain of suspension, demotion, or termination, to submit to drug testing without first complying with the “meet and confer” requirements of the MeyersMilias-Brown Act (Gov. Code, 1 § 3500 et seq., hereinafter MMBA)? Under the circumstances of this case, we answer the question no. Summary of Facts and Procedural Hi...
Views: 0
*331 Opinion The underlying action was filed to recover damages for serious personal injuries suffered by Ritsuko and Akishige Kishida (plaintiffs) when their automobile collided with another, fleeing from California Highway Patrol (CHP) units during a high-speed chase. The State of California (defendant) was named as such on the theory that the two CHP officers engaged in the ch...
Views: 1
Opinion In a dissolution of marriage proceeding, the family law department of the San Joaquin County Superior Court entered a deferred sale of home order (Civ. Code, §4700.10; former Civ. Code, §4800.7) which awarded appellant (wife) exclusive occupancy of the former family residence for three years and expressly reserved jurisdiction over its ultimate “valuation and disposition.” Th...
Views: 0
Opinion John Cleaves appeals a judgment convicting him of second degree murder (Pen. Code, 1 § 187), primarily contending the court erred by failing to honor his request to instruct on a lesser related offense of aiding and abetting a suicide (§ 401). In addition, he argues we should fashion a lesser related offense of voluntary manslaughter for killings done at the request of ...
Views: 0
*563 Opinion This case involves two appeals. In the first, defendant Victor Lamas appeals from the denial of his Penal Code section 1538.5 motion, after which he was convicted of conspiracy to possess cocaine for sale upon a plea of no contest. In the second, defendant Oscar DeJesus Fernandez appeals from his conviction after jury trial of conspiracy to possess cocaine for sale and attempted ...
Views: 1
*406 Opinion Michael S. is a full-blooded Native American Indian and the natural father of seven-year-old Lindsay C. who is the subject of these proceedings. Michael appeals from a judgment terminating his parental rights regarding the minor. As part of that judgment, the trial court found that Michael was not the “presumed father” within the meaning of Civil Code section 7004 and that the In...
Views: 0
Opinion Appellant Dorcas E. Lasam (Mrs. Lasam) purchased a policy of insurance on her 1970 Pontiac from respondent Interinsurance Exchange of the Automobile Club of Southern California (Interinsurance). The policy named her son, appellant William Lasam (William), as a driver of the Pontiac. On September 5, 1985, the Pontiac was mechanically disabled. Therefore, Mrs. Lasam gave William per...
Views: 1
Opinion Statement of the Case Plaintiff John Ataide, doing business as Ataide Trucking Company (Ataide), brought suit against defendant, Hamilton Copper & Steel Corporation (Hamilton), to recover undercharges for trucking services it provided to Hamilton. These undercharges were the difference between the amount Hamilton paid Ataide and the amount which Hamilton should have paid in accordance wit...
Views: 0
Opinion The Los Angeles Unified School District (District) filed with the Board of Control of the State of California (Board) a claim in 1980 seeking reimbursement for the financial costs of complying with legislation (Stats. 1973, ch. 993) which created the California Occupational Safety and Health Administration (Cal/OSHA). The District claimed approximately $45,000 in reimbursements as...
Views: 0
*545 Opinion In this action alleging discrimination based on a physical handicap, the trial court granted summary judgment to defendants on the ground that plaintiff’s exclusive remedy rested in Labor Code section 132a. 1 Plaintiff appeals, contending that defendants failed to meet their burden of proving the elements required to assert this section as an affirmative defense to the action. ...
Views: 0
Opinion This appeal presents two issues concerning the application of Business and Professions Code section 6146 (hereafter section 6146), the sliding-scale limitation on contingency fees for medical malpractice cases enacted by the Medical Injury Compensation Reform Act of 1975 (MICRA). The first issue is whether an attorney who represents several heirs in a wrongful death case grounded ...
Views: 0
*698 Opinion Introduction Teachers from the Lancaster School District contend that the district governing board has not paid its teachers on a uniform basis as required by Education Code section 45028. After rehearing this matter, we conclude that the trial court’s reading of the statute was erroneous as a matter of law, but remand the case for further proceedings to resolve disputed factua...
Views: 0
Opinion —Defendants were convicted of having stolen jewelry in a store burglary. On appeal, Darby contends that the trial court erred in admitting into evidence burglary loot seized from the car he was driving when the police caught them. Both defendants contend that the trial court erred in admitting into evidence a recording of a conversation between them while in custody awaiting arraignment...
Views: 0
Opinion Tommy Dean Correll appeals from the sentence imposed after a jury found him guilty of residential burglary (Pen. Code, §§ 459-460, subd. I), 1 and the trial court found true a prior felony enhancement (§ 667.5, subd. (b)). Appellant contends the trial court improperly required him to waive his presentence credits as a condition of probation. We affirm. I Facts On the morning o...
Views: 0
Opinion This petition seeks review of the sustaining without leave to amend of a demurrer to one cause of action of petitioner’s complaint. The cause so terminated was entitled, and is properly characterized as, “Breach of the Implied Covenant of Good Faith and Fair Dealing.” By means of this cause of action the petitioner sought to recover tort damages because of the real party in intere...
Views: 0
Opinion Appellants, Vince Caruso and Sande St. John, appeal following their unsuccessful complaint in intervention by which they sought to block a foreclosure sale by respondent, Great Western Savings. Appellants claim that respondent should have applied insurance proceeds received after property damage from land movement to reduce the amount owed on a promissory note and thus to extingui...
Views: 1
Opinion Appellants, Committee to Defend Reproductive Rights and Carla Abbotts, appeal from an order of the San Francisco Superior Court denying their motion for attorney fees under Code of Civil Procedure section 1021.5 (hereafter section 1021.5), the private attorney general statute. They claim the trial court applied the wrong standard when denying their request for fees. We remand to the trial...
Views: 0
Opinion Appellant contends two of his four prior convictions were improperly used to increase his sentence for drunk driving, because *649 the prosecutor failed during prior plea proceedings to state facts indicating appellant’s intoxication on previous occasions. We reject this contention and affirm. I. Facts and Procedural History Appellant was charged with drunk driving, and with havin...
Views: 0
Opinion Plaintiff, Royal Bank Export Finance Company, Ltd. (Bank) appeals from a judgment entered in favor of defendant, Best-ways Distributing Co. (hereinafter referred to as Bestways). Bank contends that as a bona fide purchaser of Bestways’s purchase orders from a company known as E.R.S. Technologies, Inc. (E.R.S.), its claim against Bestways for the money due under the purchase orders could...
Views: 0
229 Cal.App.3d 707 (1991) 280 Cal. Rptr. 274 THE PEOPLE, Plaintiff and Respondent, v. CEDRIC WAYNE SCOTT, Defendant and Appellant. Docket No. B020765. Court of Appeals of California, Second District, Division Seven. April 24, 1991. *709 COUNSEL Fern M. Laethem, State Public Defender, under appointment by the Court of Appeal, Nancy Gaynor and Kent Barkhurst, Deputy State Public Defenders, for Defe...
Views: 0
Opinion The Franchise Tax Board appeals a judgment in favor of Rain Bird Sprinkler Mfg. Corp. (RBSMC) in the corporation’s action for a refund of taxes paid for the years 1974 and 1975. In this case, which deals with whether RBSMC and its affiliated corporations comprise a unitary business, the sole issue on appeal is whether majority ownership of corporations can be held by a family rath...
Views: 0
Opinion In this case we must determine whether a city may close a portion of a regional roadway that continues beyond its city limits. We conclude Vehicle Code section 21101, subdivision (f) 1 confers no *852 such authority upon city government. This matter is before us on an appeal by the City of San Diego et al. (San Diego) of the trial court’s order granting a p...
Views: 0
Opinion We conclude the psychotherapist-patient privilege does not apply in this civil action to information reported by a psychotherapist pursuant to the Child Abuse and Neglect Reporting Act. (Pen. Code, § 11171, subd. (b)). 1 We deny the petition for a writ of mandate to compel the superior court to vacate the order requiring the limited deposition of petitioner’s psychother...
Views: 0
Opinion In this case of first impression, we must decide whether it is an unfair labor practice under the Meyers-Milias-Brown Act (Gov. Code, § 3500 et seq., hereinafter the MMBA) and Los Angeles County Employee Relations Ordinance 9646 (hereinafter County Ordinance), for an employee organization to deny reinstatement to a former member who was expelled for dual unionism. We conclude the ...
Views: 0
*810Opinion We conclude plaintiffs may not enforce possessory vessel liens outside the exclusive provisions of the “Boaters Lien Law” (Harb. & Nav. Code, §§ 500-509).1 We affirm the judgment (order of dismissal). Facts Plaintiffs Mariners Bay Company and Marina International Properties, Ltd., are the lessors of several thousand boat slips in Marina del Rey. When plaintiffs obtain unlawful detain...
Views: 0
Opinion 1. Introduction Defendant Nam Van Huynh appeals from the judgment following his conviction after court trial of second degree murder with personal use of a .38-caliber revolver. (Pen. Code, §§ 187, 1203.06, 12022.5.) He also peti *1071 tions for a writ of habeas corpus. On November 5, 1990, we ordered the petition considered with defendant’s appeal and allowed the People to file a...
Views: 0
Opinion The petition of the McFarland Unified School District (District) presents two issues: (1) whether the record and applicable law *168support the conclusion of respondent, the Public Employment Relations Board (PERB) that the District discriminated against Vicki Stephens-Weaver, a probationary schoolteacher, by not reelecting her to teach at McFarland High School on the basis of her exercisi...
Views: 0
Opinion The People appeal the judgment entered after the trial court sustained a demurrer in favor of the defendants (Pen. Code, § 1238, subd. (a)(2)) with respect to a criminal complaint alleging numerous violations of the Los Angeles County Code (LACC) in connection with the operation of Library One, an adult bookstore and picture arcade. 1 The named defendants are Library On...
Views: 1
Opinion In this action we consider whether a federal court judgment in favor of defendant General Foods Corporation and against plaintiff Brenda J. Gamble on plaintiff’s title VII action is a res judicata bar to plaintiff’s state-law claim for wrongful termination. We hold that the federal judgment bars plaintiff’s state claim and aifirm the judgment. Procedural History On Augus...
Views: 0
I respectfully dissent. There is no substantial evidence showing that parking needs, which will be inexorably generated by the massive convention center project, can be mitigated without construction of additional parking facilities. Therefore, construction of additional parking facilities is a direct, inevitable effect of the project, a conclusion which (given the size and location of the project...
Views: 0
Opinion Plaintiff and appellant The Baldwin Company (Baldwin) appeals a judgment of the superior court confirming an arbitration award in *1055 favor of defendant and respondent Rainey Construction Company, Inc. (Rainey). Baldwin contends the court erred by confirming a portion of the arbitrator’s award while rejecting the balance, and that, accordingly, the judgment must be reversed with dir...
Views: 1
Opinion In this case we hold that a provision in a consent decree for attorney fees for future successful judicial enforcement does not constitute a waiver of statutory attorney fees for nonjudicial enforcement proceedings which are a prerequisite to judicial enforcement. Mario Zambrano appeals from an order denying his motion for attorney fees. In June 1985, Zambrano and the Oa...
Views: 0
Opinion Introduction Defendants Lida Cohan et al. appeal from an order awarding sanctions to plaintiffs Khanbaba Kohan and Diana Kohan for misuse of the discovery process (Code Civ. Proc., § 2023, subd. (b)(1)). Statement of Facts Plaintiffs brought this action for dissolution of partnership, an accounting and other relief. It involves an alleged partnership agreement among...
Views: 3
229 Cal.App.3d 1085 (1991) 280 Cal. Rptr. 544 STEWART SCATES et al., Plaintiffs and Respondents, v. JAMES RYDINGSWORD et al., Defendants and Appellants. FRANKIE RANDOLPH et al., Plaintiffs and Respondents, v. CONTRA COSTA COUNTY et al., Defendants and Appellants. Docket No. A047712. Court of Appeals of California, First District, Division Two. May 1, 1991. *1088 COUNSEL Victor J. Westman, County ...
Views: 0
Opinion Angel R. appeals the trial court’s orders terminating his parental rights to his 10 minor children. He contends there was no evidence to support the court’s finding the minors were adoptable; thus, termination of his parental rights was premature. (Welf. & Inst. Code, § 366.26, subds. (c)(1) & (c)(2).)1 We agree and reverse accordingly. *1062I. Nine of appellant’s ten children, ranging in...
Views: 0
Opinion Fedora DeMartini appeals from a decree of preliminary distribution in the probate of the estate of Josephine Simoncini, her mother. We affirm. I Josephine Simoncini died testate on October 16, 1988. She had two children: a son, respondent Foresto Simoncini; and a daughter, appellant Fedora DeMartini. On December 9, 1988, the decedent’s will (the Will) was admitted to pro...
Views: 0
Opinion This appeal is part of a complex web of litigation arising from a limited partnership tax shelter investment gone awry. The limited partners seek to reverse a judgment entered against them pursuant to a jury’s general verdict rendered in connection with their agreement to assume certain obligations of the partnership. One of the questions presented in this appeal is whether a cred...
Views: 0
Opinion This is a civil forfeiture proceeding brought by the People pursuant to Health and Safety Code section 11470 et seq. 1 On March 3, 1989, officers of the Madera County Sheriff’s Department executed a search warrant at the home of appellant, John H. Baca, and his wife. They seized personal property valued at $64,500 pursuant to the forfeiture provisions of the Health an...
Views: 0
Opinion Here we are asked to decide whether an out-of-county licensed group home is a county juvenile hall, county juvenile home, ranch, camp or forestry camp, within the meaning of Welfare and Institutions Code section 871. 1 We hold that it is not and reverse the order sustaining the petition filed May 10, 1989, finding that the minor violated section 871. Steven E. appeals from the order...
Views: 1
Opinion Appellants Martha Rauber and Katherine Williams (plaintiffs) appeal from the dismissal of their complaint following the sustaining of a demurrer without leave to amend. We affirm. I. Allegations of Complaint and Demurrer The complaint alleged that plaintiffs are former and current recipients of assistance under the Aid to Families with Dependent Children program (AFDC) and food st...
Views: 0
*1170Opinion We decide here that Welfare and Institutions Code1 section 903, imposing liability for costs of supporting a minor ordered to out-of-home placement by the juvenile court, does not extend to legal guardians. Statement of Case Because this appeal raises a single issue, requiring construction of a statutory provision, we need only give a brief statement of the proceedings below and relev...
Views: 0
Opinion Dennis K. Schwieterman appeals a summary judgment entered against him in favor of Mercury Casualty Company. The court determined Schwieterman could not recover under his poli*1046cy’s underinsured motorist benefits because the limits on his “uninsured motorist benefits were the same as [the tortfeasor’s] liability limits.” We affirm.1 I After Schwieterman and several other individuals were...
Views: 0
Opinion By an information, appellant Ray Hayes (Hayes) was charged (in count I) with assault with a deadly weapon. In connection with count I, it was alleged Hayes personally used a deadly weapon (Pen. Code, 2 § 1192.7) and, with intent, inflicted great bodily injury on the victim (§ 12022.7). Hayes was also charged with battery causing serious bodily injury (count II) and with exhibiting a d...
Views: 1
Opinion Dominic M. Martin, petitioner in the underlying action for dissolution of marriage, appeals claiming the evidence is insufficient to uphold the spousal support award and ex-wife is not entitled thereto. He is wrong. We hold that a spouse may not finance a “buy-out” of community property and then succesfully claim inability to pay spousal support. We view the evidence in the light most...
Views: 0
Opinion Appeal from a judgment of dismissal after the California trial court sustained respondents’ demurrer to appellant’s first amended complaint. Affirmed. Facts First, we note that “[a] general demurrer admits the proof of all material factual allegations in the complaint, and we are not concerned with the question of [appellant’s] ability to prove [her] allegations.” ...
Views: 0
*1205 Opinion On this appeal, we determine the trial court properly sustained without leave to amend the City of San Diego’s (City) demurrer to Scott Weiner’s complaint on the basis of public entity immunity under Vehicle Code 1 section 17004.7. Weiner’s complaint had sought damages for his injuries received when the car he was driving was hit by a car driven by a flee...
Views: 0
Opinion In this case we are asked to decide a single issue of statutory interpretation: whether a mural is a “painting” within the meaning of The California Art Preservation Act (Act). (Civ. Code, § 987.) 1 We hold that it is. Procedural Background This case reaches us after the trial court granted defendants’ motion for full summary judgment based on its conclusion t...
Views: 0
Opinion Following a plea of nolo contendere to 10 misdemeanor counts of violating San Diego County Zoning Ordinance (Zoning Ordinance) section 1006(a) (using land or building zoned single-family residential for a different purpose), Ratko Djekich was placed on probation after imposition of sentence was suspended. Among other conditions, he was ordered to pay a $1,000 fine for each count. ...
Views: 1
Opinion Moala Ngaue appeals from convictions of two counts of attempted voluntary manslaughter and two counts of robbery. He contends the trial court erred in denying his repeated motions for substitution of his appointed counsel, denying his request for a continuance after granting his motion to represent himself at trial, denying his request for appointment of counsel to represent him in a motio...
Views: 0
Opinion Appellant Sadie Mae Moten was convicted after jury trial on one count of first degree murder (Pen. Code, 1 § 187) and one count of felony child endangerment (§ 273a, subd. (1)). The victim of each offense was Moten’s eight-week-old daughter. Moten was sentenced to prison for a term of 25 years to life for the murder conviction and 6 years for the child endangerment conviction. The sen...
Views: 0
Opinion Edward Francis Pearch and Jonathan Darrell Strawn appeal their convictions by a jury of second degree felony murder with a firearm (Pen. Code, §§ 187, 12022, subd. (a)) based on a killing during a kidnapping. On appeal, Pearch and Strawn contend the judgment must be reversed because the court erroneously admitted a hearsay statement by the victim, the court should have instructed on whe...
Views: 0
*1177 Opinion Appellant John Hasso (Husband) appeals from a judgment enforcing the terms of a written marital settlement agreement executed by him and respondent Hebe Hasso (Wife) which disposed of outstanding property rights issues arising from the dissolution of their marriage. Husband challenges the order granting Wife’s motion to enforce the settlement. We will reject Husband’s claims, ...
Views: 0
Opinion Appellant Los Angeles National Bank filed an action against respondent Bank of Canton of California seeking $2,257,965 in compensatory damages, plus punitive damages, for respondent’s alleged failure either to pay the face amount of, or notify appellant it would not honor, 28 checks prior to the “midnight deadline” established by the California Uniform Commercial Code, 1 ...
Views: 1
Opinion Appellant Melanie Jo Carlson challenges a provision of a child custody and visitation order prohibiting her or respondent Gary L. Carlson from moving the minor children of their marriage outside of California without the prior written consent of the other party or further court order. Mother was awarded physical custody of the children. The restriction derailed her plan to relocat...
Views: 1
Opinion Jose Luis Torres appeals his conviction of three counts of robbery (Pen. Code, 1 § 211), one with knife use (§ 12022, subd. (d)). He contends the trial court erred in failing to sever his trial from that of a codefendant, Leonardo Vasquez Diaz. Vasquez Diaz also appeals his conviction of three counts of robbery. He contends the abstract of judgment erroneously refers to...
Views: 2
Opinion The petitioner, Irwin Memorial Blood Centers, challenges discovery orders providing for the deposition of blood donors who have been implicated as the source of HIV infection. We conclude that the orders violate Health and Safety Code section 199.20, 1 which prohibits the identification of any individual subject to a blood test to detect antibodies to the probable causa...
Views: 0
Opinion Statement of the Case Appellant Grinnell Torres Lee appeals from a conviction after jury trial of possession of a controlled substance, rock cocaine (Health & Saf. Code, § 11350, subd. (a)), and possession of controlled substance paraphernalia (Health & Saf. Code, § 11364). The information further alleged on the first count that Lee had three prior felony convictions: a ...
Views: 0
Opinion Raymond Butler Glenn appeals from a judgment after a jury verdict finding him guilty of voluntary manslaughter. Because we find the trial court erred in refusing to instruct on involuntary manslaughter we conditionally reverse the conviction. Facts and Proceedings Below It is undisputed Glenn killed the victim, Thomas, with a foot-long butcher knife. The only issues pres...
Views: 1
Opinion Plaintiffs appeal from an order denying their motion to disqualify defendants’ attorneys on the ground of conflict of interest. We affirm. Facts and Proceedings Below Plaintiffs H. F. Ahmanson & Company and others (hereafter Ahmanson) hired defendant Salomon Brothers, Inc., to provide financial advice and investment banking services in connection with Ahmanson’s acquisit...
Views: 1
Opinion Introduction This appeal presents the novel issue of whether the extra one-half hour overtime “premium” pay required by the federal Fair Labor Standards Act (FLSA), 29 United States Code sections 201-219, is the equivalent of “overtime” under the Public Employees’ Retirement Law (PERL), Government Code section 20025.2, which is defined as payment for service performed “in exc...
Views: 0
Opinion Defendant Ronald J. Ramos appeals a judgment after the trial court directed a verdict in favor of plaintiff Home Federal Savings & Loan Association (Home Federal) regarding Ramos’s liability on a personal loan guaranty. We affirm. Factual and Procedural Background Defendant Ramos was president of the Ramos/Jensen Company (R/J Co.), a California corporation. R/J Co. was t...
Views: 0
Opinion After being declared wards of the juvenile court (Welf. & Inst. Code, § 602), sisters Laylah K. and Sombrah K. were placed on probation and ordered to comply with certain terms and conditions. On appeal, they challenge the imposition of those terms, arguing they bear no reasonable relationship to the offenses and to their social histories. 1 *1499 I On A...
Views: 3
Opinion Forest Lee Blade and John Anthony Pedraza were accused by information of a residential burglary (Pen. Code, *1543 §§ 459, 460, subd. 1) and of possession of concealable firearms by convicted felons (id. § 12021, subd. (a)), each with alleged prior convictions including serious felonies (id. §§ 667, 1192.7, subd. (c)). Pedraza pled guilty to the charges and admitted certain prior c...
Views: 0
Opinion A jury convicted defendant of transporting cocaine (count II) (Health & Saf. Code, § 11352) and heroin (count IV) (Health & Saf. Code, § 11352). The jury also found the amount of cocaine transported exceeded three pounds. (Health & Saf. Code, § 11370.4, subd. (a)(1).) 1 On appeal, defendant raises claims of (1) ineffective assistance of counsel, (2) unlawful search an...
Views: 2
Opinion This is an appeal from an order awarding visitation rights with a minor child to a biologically unrelated person over the objections of both parents. On August 27, 1986, appellant, Carl Andrew Gayden, petitioned the Alameda County Superior Court for the dissolution of his marriage to Ava Gayden. On February 22, 1988, after dissolving the marriage, the court granted appellant ...
Views: 1
Opinion Pursuant to a negotiated disposition Dana Patrick Gordon was convicted by plea of three counts of forgery (Pen. Code, § 470) and remaining counts were to be dismissed at the time of sentence. Represented by counsel, he entered these pleas before a magistrate. (Pen. Code, § 859a, subd. (a).) The “Felony Disposition Statement” recited: “District Attorney’s position on sentence: The defendant...
Views: 0
229 Cal.App.3d 1600 (1991) 281 Cal. Rptr. 15 OLD LINE LIFE INSURANCE COMPANY OF AMERICA et al., Petitioners, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; IMOGENE S. SILVERA TRUST, Real Party in Interest. Docket No. A051979. Court of Appeals of California, First District, Division Four. May 9, 1991. *1601 COUNSEL Kornblum, Ferry & Frye, John C. Ferry and Samuel M. Zaif for Petitioners....
Views: 1
Opinion This is an appeal from a peremptory writ of mandate ordering the City of Brisbane to desist from conducting an election on a referendum challenging the rezoning of a portion of San Bruno Mountain. The petition was filed on December 29, 1989, by Southwest Diversified, Inc., and was later amended to add Visitación Associates as plaintiff (the two plaintiffs are hereafter identified ...
Views: 0
Opinion I. Introduction Plaintiffs, Walter A. Walters, Janmarie Walters, Ernest C. Filice and Pauline Filice appeal a summary judgment entered against them in favor of defendant, California Insurance Guarantee Association (CIGA). We affirm. II. Procedural History In September 1982, plaintiffs along with Heritage Home Loans and other corporate entities filed a complaint in the Superior Court of Ora...
Views: 1
Opinion Plaintiff Posey, owner of a condominium at Lake Arrowhead, filed this action against Mr. and Mrs. Leavitt, owners of another condominium in the same development. Mr. Posey contended that the Leavitts built a deck extension on the side of their condominium that encroached the common area and obstructed his view. Mr. Posey also sued his condominium association for breach of fid...
Views: 1
Opinion The City of Los Angeles (City) and its chief of police appeal from a judgment granting a peremptory writ of mandate compelling them to reinstate respondent Ronald Williams to his former position as a lieutenant in the Los Angeles Police Department. Respondent was dismissed from his position for misconduct. He filed a previous petition for writ of mandate to be reinstated to h...
Views: 0
230 Cal. App. 3d 30 (1991) 280 Cal. Rptr. 904 TIME FOR LIVING, INC., et al., Cross-complainants and Appellants, v. GUY HATFIELD HOMES/ALL AMERICAN DEVELOPMENT COMPANY, Cross-defendant and Respondent. Docket Nos. D012030, D012031, D012142. Court of Appeals of California, Fourth District, Division One. May 10, 1991. *33 COUNSEL Edwards, White & Sooy and Robert von Zirngibl for Cross-complainant...
Views: 0
Opinion Appellant Frank Robinson was convicted of first degree robbery pursuant to California Penal Code section 211 on May 29, 1975. The jury found that he had acted as an aider and abettor to the crime. Because he had fled from the jurisdiction during the course of trial, sentencing did not take place in this matter until appellant was apprehended more than 14 years later. On October 20, 1989, h...
Views: 1
Opinion Petitioner, Trizec Properties, Inc., seeks a writ of mandate following the trial court’s denial of a motion to strike real parties’ request for a jury trial. Petitioner and real parties entered into a commercial lease agreement which contains the following provision: “Landlord [petitioner] and Tenant [real parties] hereby waive their respective right to trial by jury of any cause of...
Views: 1
Opinion Appellants, owners of a mobilehome park, challenge a City of Morgan Hill mobilehome rent control ordinance, claiming that its lack of a “vacancy decontrol” provision, which allows rents to be returned to market levels when a tenant leaves, effected a taking of their property without just compensation. We conclude that the pleadings here state facts insufficient to constitute a tak...
Views: 3
230 Cal. App. 3d 59 (1991) 281 Cal. Rptr. 165 MARIAN P. GRIFFITH et al., Plaintiffs and Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant and Appellant. Docket No. B045115. Court of Appeals of California, Second District, Division Five. May 13, 1991. *63 COUNSEL Curtis L. Gemmil for Plaintiffs and Appellants. Spray, Gould & Bowers and James S. Link for Defendant and App...
Views: 0
Opinion The Department of Motor Vehicles (department) appeals from a judgment of the Contra Costa County Superior Court granting a writ of mandate directing the department to set aside an order suspending the driving privilege of John Michael Gaston for 18 months. We shall reverse the judgment issuing the writ and vacate the writ. *76Factual and Procedural Background On February 28, 1984, Gaston p...
Views: 1
230 Cal. App. 3d 83 (1991) 281 Cal. Rptr. 250 JAMES CURRIE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest. EUGENE FINLEY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket Nos. B053156, B053232. Court of Appeals of California, Second District, Division Seven. May 14, 1991. *86 C...
Views: 0
230 Cal.App.3d 180 (1991) 281 Cal. Rptr. 195 THE PEOPLE, Plaintiff and Respondent, v. JEFFREY MARK IRVIN, Defendant and Appellant. Docket No. B044008. Court of Appeals of California, Second District, Division Five. May 16, 1991. *182 COUNSEL Richard D. Miggins, under appointment by the Court of Appeal, for Defendant and Appellant. John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Rich...
Views: 0
Opinion In this habeas corpus proceeding, Roland Edwards, Pat Edwards, Linda Martin, Terry Martin, and Shavin Kingsmere *175Kennels (collectively referred to as petitioners) challenge the order of the superior court finding them in contempt for their failure to comply with a writ of possession directing them to transfer possession of a championship show dog to Dr. Patricia Walters. Petitioners con...
Views: 0
230 Cal. App. 3d 147 (1991) 281 Cal. Rptr. 191 GERALD P. COLAPINTO et al., Plaintiffs and Appellants, v. COUNTY OF RIVERSIDE et al., Defendants and Respondents. Docket No. E007556. Court of Appeals of California, Fourth District, Division Two. May 15, 1991. *149 COUNSEL Herbert C. Schulze for Plaintiffs and Appellants. Roberts & Morgan, Matthew J. Marnell, Greines, Martin, Stein & Richlan...
Views: 0
230 Cal. App. 3d 141 (1991) 283 Cal. Rptr. 604 LAURIE L. PUIG et al., Plaintiffs and Respondents, v. RICKY JOE RYBERG, Defendant and Appellant. Docket No. D010813. Court of Appeals of California, Fourth District, Division One. May 15, 1991. *143 COUNSEL Jon A. Jensen and Richard B. Hudson for Defendant and Appellant. John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Atto...
Views: 3
230 Cal. App. 3d 118 (1991) 280 Cal. Rptr. 912 THE PEOPLE, Plaintiff and Respondent, v. VINCENT TODD McDADE, Defendant and Appellant. Docket No. B039902. Court of Appeals of California, Second District, Division Four. May 15, 1991. *121 COUNSEL Barbara Springer Perry, under appointment by the Court of Appeal, for Defendant and Appellant. John K. Van de Kamp and Daniel E. Lungren, Attorneys Genera...
Views: 0
Opinion Under the guise of a Civil Code section 224 proceeding to dispense with a natural father’s consent for a stepparent adoption, the superior court essentially terminated the father’s parental rights on the basis of abandonment (Civ. Code, § 232, subd. (a)(1)), although a cause of action under the latter section had been dismissed without prejudice. We reverse. I Allison H. was born in August...
Views: 0
Opinion A defendant convicted of robbery, false imprisonment, forcible rape with great bodily injury, and unlawful vehicle taking contends on appeal that the trial court erred in imposing a full consecutive prison term for the rape. Procedural History A jury found defendant guilty of robbery (Pen. Code, § 211), 1 false imprisonment (§ 236), forcible rape with great bodily injury (§§ 261, ...
Views: 1
Opinion May persons who commit crimes while demonstrating at a medical clinic that provides abortions, among other things, to its patients, escape criminal responsibility by invoking the defense of necessity? No. The three appellants in this case were found by a jury to have engaged in criminal conduct while participating in such a demonstration at a family planning clinic. Appellants and the...
Views: 0
230 Cal. App. 3d 230 (1991) 282 Cal. Rptr. 12 THE PEOPLE, Plaintiff and Respondent, v. TYRANT OTE WALKER, Defendant and Appellant. Docket No. B040886. Court of Appeals of California, Second District, Division Five. May 17, 1991. *232 COUNSEL John D. O'Loughlin, under appointment by the Court of Appeal, for Defendant and Appellant. John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Rich...
Views: 3
230 Cal. App. 3d 245 (1991) 281 Cal. Rptr. 261 CONRAD SCHMITT et al., Plaintiffs and Appellants, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant and Appellant. Docket No. D010952. Court of Appeals of California, Fourth District, Division One. May 17, 1991. *247 COUNSEL Hammett & Whitson, Fred U. Hammett, Jr., Harrigan, Ruff, Ryder & Sbardellati and Sean T. O'Bryan for Plaintiffs and Appe...
Views: 1
Opinion May the court reinstate a defendant on a previously forfeited bail bond without prior notice to the surety? We answer this question in the negative, and consequently reverse a summary judgment 1 against appellant Ranger Insurance Company (Ranger). On July 8, 1989, Ranger, through its agent David Weathers Bail Bonds, posted a bail bond in the amount of $6,000 for Jose Luis Villalobos...
Views: 0
230 Cal. App. 3d 207 (1991) 281 Cal. Rptr. 216 SOUTHERN CHRISTIAN LEADERSHIP CONFERENCE OF GREATER LOS ANGELES et al., Plaintiffs and Respondents, v. AL MALAIKAH AUDITORIUM COMPANY, Defendant and Appellant. Docket No. B039234. Court of Appeals of California, Second District, Division Three. May 17, 1991. *210 COUNSEL Joseph W. Fairfield for Defendant and Appellant. Cooper, Epstein & Hurewitz,...
Views: 0
Opinion In this mandamus proceeding, we are asked to decide generally if a defendant who is subject to a mandatory minimum county jail sentence for a driving under the influence conviction may be eligible to participate in an electronic home detention program authorized by Penal Code section 1203.016. Specifically, the People seek a peremptory writ to vacate a sentencing order placing the defendan...
Views: 0
Opinion Defendant and appellant Charles S. Dixon appeals from a judgment compelling appellant to comply with a previous settlement agreement with plaintiffs and respondents Malouf Bros, (a general partnership), James Malouf and Clark Harmening. (Code Civ. Proc., § 664.6.) 1 Respondents are grading and excavating contractors. Appellant contracted for respondents to construct a road on proper...
Views: 0
230 Cal. App. 3d 319 (1991) 281 Cal. Rptr. 317 WILLIAM CLIFFORD JOHN MacDONALD, a Minor, etc., et al., Plaintiffs and Appellants, v. THE STATE OF CALIFORNIA et al., Defendants and Respondents. Docket No. D010598. Court of Appeals of California, Fourth District, Division One. May 20, 1991. *321 COUNSEL Thorsnes, Bartolotta, McGuire & Padilla and Frederic L. Gordon for Plaintiffs and Appellants...
Views: 1
230 Cal. App. 3d 389 (1991) 281 Cal. Rptr. 354 THE PEOPLE, Plaintiff and Respondent, v. ARTHUR GARY SILVER, Defendant and Appellant. Docket No. B045046. Court of Appeals of California, Second District, Division Six. May 21, 1991. *391 COUNSEL Robert G. Foote for Defendant and Appellant. John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart, Chief Assistant Attorney Gen...
Views: 0
*409 Opinion Ramiro Alcocer and William Ostini appeal from judgments following a jury’s convicting them of one count of perjury (Pen. Code, § 118). 1 The trial court sentenced Alcocer to 60 days in county jail and Ostini to 80 days as a condition of felony probation, both jail terms stayed pending appeal. They contend that their self-incrimination and due process right...
Views: 2
Opinion Defendant Thomas L. McKelvey III appeals a judgment of conviction of neglect of a dependent adult. (Pen. Code, 1 § 368.) We affirm and hold section 368 provided fair warning of the conduct it prohibits as to defendant. Facts Dolores McKelvey, a multiple sclerosis victim, lived at home with her daughter Theresa and her son, the defendant. Mrs. McKelvey was paralyzed and unable to w...
Views: 1
230 Cal.App.3d 438 (1991) 281 Cal. Rptr. 568 THE PEOPLE, Plaintiff and Respondent, v. TYRONE HAROLD POWELL, Defendant and Appellant. Docket No. C007999. Court of Appeals of California, Third District. May 22, 1991. *439 COUNSEL Ralph D. Eavenson, under appointment by the Court of Appeal, for Defendant and Appellant. John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attor...
Views: 1
Opinion Facts and Proceedings Below Defendant was convicted of committing lewd acts upon a child, his stepdaughter, I. He appeals and seeks relief via habeas corpus on the ground of juror misconduct. We ordered the petition for habeas corpus considered with defendant’s appeal. Following defendant’s conviction, his counsel learned that during deliberation some of the Spanish-speaking jurors ...
Views: 1
Opinion Defendant and cross-complainant Patricia Gile, who was represented in her marital dissolution action by plaintiff and cross-defendant attorney James H. McDaniel, appeals from a judgment entered after a court trial in favor of plaintiff on his complaint for legal fees and on her cross-complaint for legal malpractice and sexual harassment. Defendant contends that the order granting plaint...
Views: 3
Opinion Plaintiff Santa Monica Rent Control Board (Board) appeals from an order dismissing its second amended complaint (SAC) after a demurrer was sustained without leave to amend. Since we agree with the trial court’s finding that the Board cannot state a cause of action, we affirm. Factual and Procedural Synopsis A. Introduction On August 3, 1988, the Board filed ...
Views: 1
230 Cal.App.3d 444 (1991) 281 Cal. Rptr. 415 In re the Marriage of GERALDINE A. and PERRY A. NICE. GERALDINE A. NICE, Respondent, v. PERRY A. NICE, Respondent; BOARD OF PENSION COMMISSIONERS OF THE CITY OF LOS ANGELES, Appellant. Docket No. B052240. Court of Appeals of California, Second District, Division Three. May 23, 1991. *446 COUNSEL James K. Hahn, City Attorney, Siegfried O. Hillmer, Assis...
Views: 0
Opinion Introduction As originally presented, this case involved federal and state constitutional challenges to Water Code section 30700.6. At that time, the section specified that only landowners in the Sierra Lakes County Water District could vote in district elections or be a member of the district’s governing board of directors. As a result of this statute, Sierra residents who d...
Views: 1
230 Cal. App. 3d 416 (1991) 281 Cal. Rptr. 343 GERALD R. GILMORE, Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; ALICE M. SCHMIDT, Real Party in Interest. Docket No. C009964. Court of Appeals of California, Third District. May 21, 1991. *417 COUNSEL Greve, Clifford, Diepenbrock & Paras, Edward T. Clifford and William L. Baker for Petitioner. No appearance for Respondent. ...
Views: 0
230 Cal.App.3d 586 (1991) 281 Cal. Rptr. 441 CAROL ANN TURLEY, Plaintiff and Appellant, v. JOSEPH WOOLDRIDGE et al., Defendants and Respondents. Docket No. F013037. Court of Appeals of California, Fifth District. May 23, 1991. *587 COUNSEL Thomas J. Anton, Elizabeth E. Mariani and Franklin Gordon for Plaintiff and Appellant. *588 Clifford, Jenkins & Brown and James E. Brown for Defendants and...
Views: 0
*609 Opinion Billy Leo Briggs sued the Public Defender of Monterey County (Michael Lawrence) and a deputy public defender (Arthur Kaufmann) for attorney malpractice. The defendants’ general demurrers and motions for judgment on the pleadings were granted without leave to amend. Briggs appeals from the trial court’s order, which we shall treat as an appealable final judgment for d...
Views: 1
230 Cal. App. 3d 1291 (1991) 282 Cal. Rptr. 492 BENJAMIN COOPER, Plaintiff and Appellant, v. KENNETH W. KIZER, as Director, etc., Defendant and Respondent. Docket No. B049842. Court of Appeals of California, Second District, Division Four. May 23, 1991. *1293 COUNSEL Joy Young Stephenson for Plaintiff and Appellant. *1294 John K. Van De Kamp and Daniel E. Lungren, Attorneys General, Charlton G. H...
Views: 0
230 Cal. App. 3d 112 (1991) 281 Cal. Rptr. 188 In re the Marriage of SANDI MARIE and THOMAS PAUL GREGORY. COUNTY OF CONTRA COSTA, Appellant, v. THOMAS PAUL GREGORY, Respondent. Docket No. A046798. Court of Appeals of California, First District, Division One. May 15, 1991. *113 COUNSEL John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart, Chief Assistant Attorney Gener...
Views: 0
230 Cal. App. 3d 424 (1991) 281 Cal. Rptr. 367 HOMESTEAD SAVINGS, Plaintiff and Appellant, v. FRANK DARMIENTO, Defendant and Respondent. Docket No. B041160. Court of Appeals of California, Second District, Division Five. May 22, 1991. *428 COUNSEL Rand E. Pinsky, Michael A. Warren and Kerry B. Conway for Plaintiff and Appellant. Adams, Duque & Hazeltine, Richard T. Davis, Jr., Rande S. Sotoma...
Views: 1
*265 Opinion Plaintiffs David and Lou Emma Slone appeal from the Inyo County Superior Court’s denial of their petition, pursuant to 25 United States Code section 1914, a provision of the Indian Child Welfare Act (ICWA), in which they sought to invalidate actions of the Inyo County Juvenile Court. The actions to which plaintiffs objected had taken place in a juvenile court depende...
Views: 1
Opinion Appeal by defendants and cross-complainants, bodies of the Presbyterian Church (U.S.A.), from a judgment (partial) 1 of the Los Angeles County Superior Court in favor of plaintiff, cross-defendant and respondent, Korean United Presbyterian Church of Los Angeles, the Honorable Dion G. Morrow, Judge presiding. Reversed. I. Introduction On this appeal we are...
Views: 2
229 Cal.App.3d 1560 (1991) 281 Cal. Rptr. 375 UNITED PACIFIC INSURANCE COMPANY, Plaintiff and Respondent, v. McGUIRE COMPANY et al., Defendants and Appellants. Docket No. A05445. Court of Appeals of California, First District, Division One. May 22, 1991. *1561 COUNSEL Cooley, Godward, Castro, Huddleson & Tatum, Paul A. Renne, James A. Richman and John W. Crittenden for Defendants and Appellan...
Views: 1
Opinion Are juveniles similarly situated with adults, such that a minor is denied “equal protection” because juvenile proceedings under *753Welfare and Institutions Code section 602 are not protected, unlike adult proceedings, by the misdemeanor refiling prohibition of Penal Code section 1387? In the published portion of our opinion, we analyze this question and come to the conclusion that the an...
Views: 0
Opinion Defendant filed a petition seeking a writ of mandate ordering the superior court to honor his motion pursuant to Code of Civil Procedure section 1 170.6 to disqualify the Honorable Beauford Phelps, judge of the superior court. Defendant’s motion was denied as being untimely pursuant to a policy (Court Policy) enacted by the Criminal Departments of the Central District of the Superior ...
Views: 0
230 Cal. App. 3d 197 (1991) 281 Cal. Rptr. 205 THE PEOPLE, Plaintiff and Appellant, v. OMAR FUENTES MARTINEZ, Defendant and Respondent. Docket No. E007463. Court of Appeals of California, Fourth District, Division Two. May 16, 1991. *198 COUNSEL Grover C. Trask II, District Attorney, Don R. Inskeep, Assistant District Attorney, Gary Tranbarger and Michele D. Levine, Deputy District Attorneys, for...
Views: 0
230 Cal. App. 3d 335 (1991) 281 Cal. Rptr. 327 EL DORADO PALM SPRINGS, LTD., etc., Plaintiff and Respondent, v. RENT REVIEW COMMISSION OF THE CITY OF PALM SPRINGS, Defendant; RESIDENTS OF THE EL DORADO MOBILE HOME PARK, Real Parties in Interest and Appellants. Docket No. E007483. Court of Appeals of California, Fourth District, Division Two. May 20, 1991. *336 COUNSEL Charles A. Prawdzik for Real...
Views: 0
231 Cal.App.3d 265 (1991) 281 Cal. Rptr. 473 MARSHA V., Plaintiff and Appellant, v. HAROLD E. GARDNER, Defendant and Respondent. Docket No. B050677. Court of Appeals of California, Second District, Division Seven. May 24, 1991. *267 COUNSEL Patricia A. Gray and Donna Gaetano for Plaintiff and Appellant. Sharon Lybeck Hartmann, Jon W. Davidson, Paul L. Hoffman, Hufstedler, Kaus & Beardsley, De...
Views: 0
230 Cal.App.3d 595 (1991) 285 Cal. Rptr. 435 In re JAMES RANDALL RUZICKA on Habeas Corpus. Docket No. F014251. Court of Appeals of California, Fifth District. May 23, 1991. *596 COUNSEL John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart, Chief Assistant Attorney General, Morris Lenk and Paul D. Gifford, Deputy Attorneys General, for Appellant. *597 Paul Delano Wolf,...
Views: 0
230 Cal. App. 3d 741 (1991) 281 Cal. Rptr. 463 LAWRENCE KRUSER et al., Plaintiffs and Appellants, v. BANK OF AMERICA NT&SA, Defendant and Respondent. Docket No. F012981. Court of Appeals of California, Fifth District. May 24, 1991. *743 COUNSEL Kimble, MacMichael & Upton, D. Tyler Tharpe and Michael J. Jurkovich for Plaintiffs and Appellants. George W. Coombe, Jr., Winslow Christian and L...
Views: 0
230 Cal. App. 3d 775 (1991) 281 Cal. Rptr. 295 FRANK KNIGHTS, Plaintiff and Appellant, v. HEWLETT PACKARD et al., Defendant and Respondent. Docket No. H007097. Court of Appeals of California, Sixth District. April 24, 1991. *777 COUNSEL Silver & Katz and Louis D. Silver for Plaintiff and Appellant. Gibson, Dunn & Crutcher, Christopher J. Martin and Craig A. Selness for Defendant and Respo...
Views: 1
230 Cal. App. 3d 349 (1991) 281 Cal. Rptr. 335 In re STEVEN A. et al., Minors. RIVERSIDE COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES, Plaintiff and Respondent, v. LORI A. et al., Objectors and Appellants. Docket No. E007706. Court of Appeals of California, Fourth District, Division Two. May 20, 1991. *350 COUNSEL Patricia Herzog and Theodore S. Goodwin, under appointments by the Court of Appeal, ...
Views: 0
230 Cal. App. 3d 768 (1991) 281 Cal. Rptr. 459 THE PEOPLE, Plaintiff and Respondents, v. RANDOLPH SANCHEZ, Defendant and Appellant. Docket No. H007225. Court of Appeals of California, Sixth District. May 24, 1991. *770 COUNSEL Christine F. Beraldo, under appointment by the Court of Appeal, for Defendant and Appellant. Daniel E. Lungren, Attorney General, Richard B. Iglehart, Chief Assistant Attor...
Views: 0
230 Cal. App. 3d 355 (1991) 281 Cal. Rptr. 362 ABBETT ELECTRIC CORPORATION, Plaintiff and Respondent, v. CALIFORNIA FEDERAL SAVINGS & LOAN ASSOCIATION et al., Defendants; CITICORP REAL ESTATE, INC., et al., Interveners and Appellants. Docket No. A049514. Court of Appeals of California, First District, Division Four. May 21, 1991. *356 COUNSEL Leland, Parachini, Steinberg, Flinn, Matzger &...
Views: 1
230 Cal. App. 3d 652 (1991) 281 Cal. Rptr. 494 BRYAN NICOLLE-WAGNER, Plaintiff and Appellant, v. GEORGE DEUKMEJIAN, as Governor, etc., et al., Defendants and Respondents. Docket No. B053678. Court of Appeals of California, Second District, Division Five. May 24, 1991. *654 COUNSEL Bryan W. Nicolle-Wagner, in pro. per., for Plaintiff and Appellant. John K. Van de Kamp and Daniel E. Lungren, Attorn...
Views: 2
Opinion I. Introduction We review a decision in which respondent Workers’ Compensation Appeals Board (Board) concluded Shirley Clark’s application for death benefits was barred by the statute of limitations. We agree. II. Statement of Facts On July 15, 1987, John M. Clark filed an application for inter vivos workers’ compensation benefits. The application ...
Views: 1
Opinion Sandy Gallin and others (collectively Gallin) seek extraordinary relief after the court denied their motion to transfer venue. Gallin contends Los Angeles County is the proper venue because “some” individual defendants reside there, no corporate defendant has its principal place of business in San Diego County, and a “single retail sale” in San Diego is insufficient for venue in a...
Views: 0
Opinion Penal Code section 1016.5 mandates the criminal courts, before accepting a plea of guilty or nolo contendere to most crimes, to advise the defendant of the consequences a conviction may have on a person who is not a citizen of the United States. The statutory admonition reads: “If you are not a citizen, you are hereby advised that conviction of the offense for which you have been ...
Views: 0
Opinion Raymond G. was born on January 13, 1990. He weighed nine pounds at birth. He was the fifth child of Darlene G. and David G. (hereafter mother and father, respectively). Raymond’s weight was monitored by medical personnel after his checkup at age two and one-half months showed a weight gain from birth of only about one pound. His weight failed to progress and by April 19, 1990, one month l...
Views: 0
*576Opinion A petition was filed in the Los Angeles County Superior Court seeking to declare Andrew I. a ward of the court alleging he committed a burglary on September 18, 1989. (Welf. & Inst. Code, § 602; Pen. Code, § 459.) The court sustained the petition. The case was then transferred to Orange County where Andrew lived. (Welf. & Inst. Code, § 750.) At the disposition hearing, the court found...
Views: 2
Opinion We declare the unconstitutionality of the voter approval requirement for local general tax enactments adopted by the electorate as part of a statewide statutory initiative (Proposition 62) in the November 1986 General Election and codified as Government Code 1 sections 53723 and 53724. We further decide that the enforcement provisions codified in section 53728, reducing a local govern...
Views: 4
230 Cal. App. 3d 923 (1991) 281 Cal. Rptr. 500 GEORGE E. CARPENTER, Plaintiff and Appellant, v. CITY OF LOS ANGELES, Defendant and Respondent. Docket No. B047676. Court of Appeals of California, Second District, Division Four. May 28, 1991. *926 COUNSEL Dewberry & Emmer and Howard A. Emmer for Plaintiff and Appellant. James K. Hahn, City Attorney, John T. Neville, Thomas C. Hokinson and Richa...
Views: 1
230 Cal. App. 3d 454 (1991) 281 Cal. Rptr. 631 CHRISTINE STUDLEY, Plaintiff and Appellant, v. BENICIA UNIFIED SCHOOL DISTRICT et al., Defendants; FIRE INSURANCE EXCHANGE, Intervener and Respondent. Docket No. A044561. Court of Appeals of California, First District, Division One. May 28, 1991. *456 COUNSEL Eisenberg & Pollack, Eisenberg, Axelrod & Highlander, Neil D. Eisenberg, Harry Polla...
Views: 1
*624Opinion Respondent moved to recuse the district attorney from representing appellant in child support modification proceedings. The trial court granted respondent’s motion, found parts of The Agnos Child Support Standards Act of 1984 unconstitutional, and directed the district attorney’s office to pay respondent’s attorney’s fees incurred to bring the recusal motion. The orders of the trial c...
Views: 0
Opinion Insurance Code section 11580.2 requires all insurance policies on motor vehicles principally used in California to include uninsured motorist coverage. (All statutory references are to section 11580.2 of the Insurance Code unless otherwise indicated.) The definition of an “uninsured motor vehicle” for purposes of this provision includes a vehicle for which liability insurance has been obt...
Views: 0
Opinion The superior court issued a judgment under the Uniform Parentage Act (Civ. Code, § 7000 et seq.) denying petitioner Mauro B.’s request to declare a parent and child relationship exists between himself and Baby Boy G. (minor), and allowing real parties in interest William and Mary S. to adopt minor without Mauro’s consent. Mauro filed the instant petition seeking to vacate the judgment. Ini...
Views: 0
Opinion This case tests the validity of an amendment to certain milk marketing plans issued by the director of the Department of Food and Agriculture on July 14, 1989, effective August 1, 1989. Appellants Golden Cheese Company of California, Integrated Protein Technology, and Leprino Foods Company filed a petition for writ of mandate to invalidate the amendment. The trial court declined t...
Views: 1
230 Cal. App. 3d 1000 (1991) 281 Cal. Rptr. 651 WILLIAM HOLCOMB, Plaintiff and Respondent, v. HARTFORD CASUALTY INSURANCE COMPANY, Defendant and Appellant. Docket No. C008346. Court of Appeals of California, Third District. May 29, 1991. *1001 COUNSEL Greve, Clifford, Diepenbrock & Paras, Gerard A. Rose, Suzanne L. Small and Irving H. Perluss for Defendant and Appellant. Dreyer, Babich & ...
Views: 0
Opinion Defendant Western Title Insurance Company (Western) appeals the judgment in plaintiffs’ favor entered on a jury verdict. Western assigns multiple errors. Western contends that all of plaintiffs’ causes of action are barred by the applicable statutes of limitations. (Code Civ. *1226 Proc., 1 §§ 337, Former 338, subds. 1 & 7, 339, subd. 1, 343.) Western conte...
Views: 0
Opinion I. Introduction Plaintiff Douglas Ladd (plaintiff) appeals from an order of dismissal for failure to serve process within two years. (Code Civ. Proc., § 583.420, subd. (a)(1).) 1 The court initially granted the discretionary dismissal motion. Plaintiff filed a reconsideration motion. (§ 1008, subd. (a).) The court granted the reconsideration request and, upon recon...
Views: 3
Opinion Petitioners Clyde and Maurine Lacher seek review of an order sustaining a demurrer, without leave to amend, to causes of action for fraud and negligent misrepresentation in an action arising out of a residential development being built near their home. They allege the developer fraudulently induced their support and acquiescence to obtain the required governmental approval for the project...
Views: 0
230 Cal. App. 3d 727 (1991) 281 Cal. Rptr. 602 GOLDEN CHEESE COMPANY OF CALIFORNIA et al., Plaintiffs and Appellants, v. HENRY J. VOSS as Director, etc., et al., Defendants and Respondents. Docket No. E007837. Court of Appeals of California, Fourth District, Division Two. May 24, 1991. *729 COUNSEL Gibson, Dunn & Crutcher, Richard G. Duncan, Jr., Jeffrey A. Robinson and Edward L. Xanders for ...
Views: 0
*1195 Opinion Facts On July 26, 1990, a criminal complaint was filed in the Kern County Municipal Court charging petitioner in count I with arson (Pen. Code, § 451, subd. (b)) 1 and in count II with burglary (§ 460.1). Both counts were accompanied by several special allegations. Petitioner’s preliminary hearing was held on September 20, 1990. At the preliminary hearing Mr. Griggs, an inve...
Views: 0
Opinion While driving under the influence of PCP (phencyclidine), appellant Terrance Rene David collided with another vehicle, killing its two occupants. By nonjury trial appellant was convicted of two counts of second degree murder (Pen. Code, §§ 187, 189; People v. Watson (1981) 30 Cal.3d 290 [179 Cal.Rptr. 43, 637 P.2d 279]) and was sentenced to concurrent terms of 15 years to life in st...
Views: 2
Opinion The Facts and Proceedings In December 1984, the Department of Real Estate (DRE) issued a “Planned Development Final Subdivision Public Report” (public report) for the Millerton Lake Mobile Home Village (development) for the purpose of informing potential purchasers about the respective rights and responsibilities of the subdivision developer (developer) and lot owners. The pu...
Views: 1
230 Cal. App. 3d 1072 (1991) 284 Cal. Rptr. 757 THE PEOPLE, Plaintiff and Respondent, v. RUBEN JAMES COTTON, Defendant and Appellant. In re RUBEN JAMES COTTON on Habeas Corpus. Docket Nos. A050688, A052267. Court of Appeals of California, First District, Division Five. May 30, 1991. *1076 COUNSEL Edwin J. Wilson, Jr., and John P. Mortimer for Defendant and Appellant. *1077 Daniel E. Lungren, Atto...
Views: 3
230 Cal. App. 3d 990 (1991) 281 Cal. Rptr. 516 GAIL ANTHONY, Plaintiff and Appellant, v. KENNETH W. KIZER, as Director, etc., Defendant and Respondent. Docket No. B050663. Court of Appeals of California, Second District, Division Four. May 29, 1991. *992 COUNSEL Joy Young Stephenson for Plaintiff and Appellant John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Charlton G. Holland, Assi...
Views: 0
Opinion In this case we hold that a juvenile dependency order denying reunification services based on the father’s status as a pedophile was *1255unsupported by the statutorily required testimony of two experts, since one of the testifying psychologists was unlicensed. In 1983, Paul S. was convicted of molesting children between the ages of five and seven over a period of about three years. The v...
Views: 0
230 Cal. App. 3d 1029 (1991) 281 Cal. Rptr. 635 ALLEN S. WARNER et al., Plaintiffs and Appellants, v. FIRE INSURANCE EXCHANGE, Defendant and Respondent. Docket No. G008645. Court of Appeals of California, Fourth District, Division Three. May 29, 1991. *1031 COUNSEL Davis, Samuelson, Blakely & Goldberg and William E. Baker, Jr., for Plaintiffs and Appellants. Waldman, Bass, Stodel & Graham...
Views: 0
230 Cal.App.3d 1310 (1991) 281 Cal. Rptr. 702 THE PEOPLE, Plaintiff and Respondent, v. KENT SANDLIN et al., Defendants and Appellants. Docket No. G009302. Court of Appeals of California, Fourth District, Division Three. May 31, 1991. *1313 COUNSEL Barry T. Simons, Tedd A. Mehr and Gordon S. Brownell, under appointments by the Court of Appeal, for Defendants and Appellants. John K. Van de Kamp and...
Views: 0
230 Cal. App. 3d 1337 (1991) 281 Cal. Rptr. 733 THE PEOPLE, Plaintiff and Respondent, v. GRETTA JACOBS, Defendant and Appellant. In re GRETTA JACOBS on Habeas Corpus. Docket Nos. F013115, F014531. Court of Appeals of California, Fifth District. May 31, 1991. *1339 COUNSEL Carole Greeley, under appointment by the Court of Appeal, for Defendant and Appellant. John K. Van de Kamp and Daniel E. Lunge...
Views: 1
*1268 Opinion Introduction Defendant James William Tatlis appeals from the judgment entered after he was resentenced to state prison for the term prescribed by law. In addition, defendant petitions for a writ of habeas corpus on the ground he was denied due process of law at his resentencing hearing. Procedural Background Defendant pleaded guilty to being a felon in possession of a fire...
Views: 1
Opinion Appellant San Jose Teachers Association, CTA, NBA, appeals from a judgment declaring invalid the annual search requirement of section 5592, title 5, of the California Code of Regulations (hereafter Regulation 5592). We affirm. Factual Background Respondent San Jose Unified School District (hereafter, District) maintains an active interscholastic athletic program in its s...
Views: 0
230 Cal. App. 3d 1125 (1991) 281 Cal. Rptr. 827 CATHERINE HOLTHOUSE MANGINI et al., Plaintiffs and Appellants, v. AEROJET-GENERAL CORPORATION et al., Defendants and Respondents. Docket No. C004771. Court of Appeals of California, Third District. May 30, 1991. *1130 COUNSEL McCutchen, Doyle, Brown & Enersen, Christopher Berka, Edward L. Strohbehn, Jr., and Jennifer S. Rosenberg for Plaintiffs ...
Views: 3
Opinion Introduction Defendant Gary Jensen appeals from an order granting his motion to set aside a default and default judgment on the condition that he pay plaintiff Kodiak Films, Inc. $4,848.48 and an additional $750 “as sanctions, reasonable conditions and costs.” Statement of Facts On February 19, 1988, plaintiff filed a complaint alleging defendant’s breach of contract, breach of the covenan...
Views: 1
Opinion Petitioner Oscar Lee Cowan seeks extraordinary relief from orders of a judge of respondent Municipal Court of the County of Los Angeles finding him in contempt of court and sentencing him to 72 hours in the county jail. After review, we conclude that the court did not comply with the statutorily prescribed procedure mandated by Code of Civil *1283Procedure section 1211. The order of contem...
Views: 0
Opinion Introduction Appellant was convicted by jury of violation of Health and Safety Code section 11359, possession of marijuana for sale. In a nonjury trial three *1304 alleged prior terms of imprisonment were found to be true. He was sentenced to prison for five years. Appellant makes two contentions on appeal: The lower court erred by (1) denying his motion to ...
Views: 0
Opinion Michael Edward Berry was convicted of perjury following a court trial. (Pen. Code, § 118.)1 He appeals, raising the single contention the evidence of his false testimony during a family court proceeding should have been excluded from evidence in his perjury trial because of the failure of the family court to warn Berry at that time of his rights against compelled self-incrimination as esta...
Views: 0
*1420Opinion A jury convicted appellant of first degree murder (Pen. Code,1 § 187) and robbery (§211). It also found true a robbery special circumstance (§ 190.2, subd. (a)(17)) and two firearm use allegations (§ 12022.5). We find that: appellant’s confessions were properly admitted; no prejudicial error occurred at trial in using restraints on appellant; there was no need to hold a competency he...
Views: 0
230 Cal. App. 3d 1372 (1991) 282 Cal. Rptr. 10 THE PEOPLE, Plaintiff and Respondent, v. BRANDON STRAIGHT, Defendant and Appellant. Docket No. H007214. Court of Appeals of California, Sixth District. May 7, 1991. *1373 COUNSEL Catherine C. Czar for Defendant and Appellant. Daniel E. Lungren, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, John Sugiyama, Assistant Attorney ...
Views: 0
230 Cal. App. 3d 1391 (1991) 281 Cal. Rptr. 545 JOHN BARRY JACKSON, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. B056356. Court of Appeals of California, Second District, Division Three. May 13, 1991. *1392 COUNSEL Wilbur F. Littlefield, Public Defender, Laurence M. Sarnoff, Norman Kava and John Hamilton Scott, Deputy Public D...
Views: 1
Opinion Scot Albert Campbell and Paul George Werner separately appeal their jury convictions and sentences for various robberies (Pen. Code, 2 § 211) and false imprisonments (§§ 236, 237) arising out of their “money-taking” spree of two fast food restaurants, one in San Diego County and one in Riverside County, on March 12, 1989. They also challenge their convictions and sentences for being i...
Views: 0
230 Cal. App. 3d 1455 (1991) 282 Cal. Rptr. 75 In re JOSE T., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. JOSE T., Defendant and Appellant. Docket No. B048457. Court of Appeals of California, Second District, Division Five. June 5, 1991. *1458 COUNSEL Jill Switzer, under appointment by the Court of Appeal, for Defendant and Appellant. Daniel E. Lungren, ...
Views: 1
230 Cal. App. 3d 1592 (1991) 281 Cal. Rptr. 900 THE PEOPLE, Plaintiff and Appellant, v. THE SUPERIOR COURT OF KINGS COUNTY, Respondent; EUGENE HAMILTON, Real Party in Interest and Respondent. Docket No. F014127. Court of Appeals of California, Fifth District. June 6, 1991. *1593 COUNSEL John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart, Chief Assistant Attorney Gen...
Views: 1
230 Cal. App. 3d 1385 (1991) 282 Cal. Rptr. 18 CHRISTINA JURS PAPADAKIS et al., Plaintiffs and Respondents, v. BRUCE P. ZELIS, Defendant and Appellant. Docket No. A049637. Court of Appeals of California, First District, Division Two. May 22, 1991. *1386 COUNSEL Bruce P. Zelis, in pro. per., for Defendant and Appellant. Michael F. Ram for Plaintiffs and Respondents. OPINION KLINE, P.J. Appellant B...
Views: 0
Opinion Appellant was convicted of attempted robbery (Pen. Code, §§ 212.5, subd. (b), 664),1 which was committed at the Empire Savings and Loan office (hereafter the bank) located at 1967 Market Street in San Francisco. At approximately 1 p.m., appellant entered the bank, approached teller Katy Chue with his hand in his coat pocket suggesting possession of a gun, and demanded money. Chue exclaime...
Views: 0
Opinion Statement of the Case Defendant was charged with possession of cocaine for sale (Health & Saf. Code, § 11351) in three separate informations based on three searches of his house. These searches occurred on February 5, 1988 (case No. 8052), May 11, 1988 (case No. 8100), and February 21, 1989 (case No. 8532). Two of the informations, Nos. 8052 and 8532, also charged defendant with committin...
Views: 0
Opinion Los Gatos Lodge, Inc. (the Lodge) appeals from a judgment entered on a jury verdict of $150,000 in favor of Carolyn Wanland in her action for constructive wrongful termination. The Lodge contends plaintiff’s action is preempted by federal labor law and asserts error in several of the trial court’s evidentiary rulings and in the giving of a punitive damage instruction to the jury. Plaint...
Views: 1
Opinion Jaime Garcia Villaneuva (defendant) has appealed a judgment of conviction entered following his plea of guilty to one count of sale of a controlled substance (cocaine) in violation of Health and Safety Code section 11352. The trial court denied probation and sentenced defendant to a three-year term. Defendant received credit for 91 days. Defendant has appealed his sentence, contending t...
Views: 1
230 Cal. App. 3d 1564 (1991) 282 Cal. Rptr. 90 THE PEOPLE, Plaintiff and Respondent, v. JULIO ALBERTO VERGARA et al., Defendants and Respondents. Docket No. B046052. Court of Appeals of California, Second District, Division Two. June 6, 1991. *1566 COUNSEL Ira Reiner, District Attorney, George M. Palmer and George G. Size, Deputy District Attorneys, for Plaintiff and Appellant. John Yzurdiaga for...
Views: 0
230 Cal. App. 3d 1570 (1991) 281 Cal. Rptr. 904 JAY SCOTT PINNEY, Plaintiff and Respondent, v. DAVID R. PHILLIPS, as Registrar, etc., Defendant and Appellant. Docket No. C007052. Court of Appeals of California, Third District. June 6, 1991. *1574 COUNSEL John K. Van de Kamp, Attorney General, Joel S. Primes and Constance M. Barton, Deputy Attorneys General, for Defendant and Appellant. Livingston...
Views: 0
230 Cal. App. 3d 1525 (1991) 282 Cal. Rptr. 80 CAMSI IV, Plaintiff and Appellant, v. HUNTER TECHNOLOGY CORPORATION, Defendant and Respondent. Docket No. H006806. Court of Appeals of California, Sixth District. June 5, 1991. *1529 COUNSEL Berliner, Cohen & Biagini, Ralph J. Swanson, Russell J. Hanlon and Stacy L. Saetta for Plaintiff and Appellant. Nossaman, Guthner, Knox & Elliott, Kurt W...
Views: 2
Opinion In this case we hold that where a judicial arbitrator awarded a specific amount of attorney fees but unspecified costs, a judgment on the award was appealable as to the costs but not as to the attorney fees, which could be challenged only by request for trial de novo. Linda K. Dickens and Stanley A. Davis sued their landlords, Ming and Melanie Lee, alleging 15 causes of action. The ca...
Views: 0
Opinion This is an action for wrongful termination of employment brought by plaintiff Steven E. Harden against defendants Maybelline Sales Corporation and Maybelline U.S.A. (hereafter Maybelline or defendants). The trial court granted defendants’ motion for summary judgment and entered judgment in defendants’ favor. We reverse the judgment on the ground that at-will language contained in a standar...
Views: 0
Opinion In this case we hold that the right to be free from double jeopardy is not violated when the Department of Motor Vehicles (DMV) suspends a driver’s license for refusal to take a blood-alcohol test, even though the licensee was convicted of driving under the influence and received a 48-hour “refusal enhancement” for the same conduct. John Norman Ellis appeals from a judgment denyin...
Views: 0
230 Cal. App. 3d 1599 (1991) 282 Cal. Rptr. 144 THUEL V. SCHUHART, Plaintiff and Respondent, v. JOSE C. PINGUELO et al., Defendants and Appellants. Docket No. A046211. Court of Appeals of California, First District, Division One. June 7, 1991. *1601 COUNSEL Meyers, Nave, Riback & West, Steven R. Meyers, Elizabeth H. Silver and Andrea J. Saltzman for Defendants and Appellants. Sturgis, Ness, B...
Views: 0
Opinion Following the denial of his motion to suppress evidence (Pen. Code, §§ 995, 1538.5), Michael Coleman pled guilty to charges of possession of cocaine for sale (Health & Saf. Code, § 11351.5). He appeals from the judgment entered on his plea, suspending sentence and placing him on three years’ probation on condition he serve one hundred twenty days in the county jail. Facts ...
Views: 0
Opinion Gene Allen Gibson appeals his convictions by jury trial of causing bodily injury while driving under the influence of alcohol (Veh. Code, §23153, subd. (a))1, and reckless driving causing bodily injury. (§ 23104.) An allegation that he injured more than one person while driving under the influence was found true. (§ 23182.) He contends, inter alia, that *286the enhancement must be reversed...
Views: 0
228 Cal.App.3d 1608 (1991) 279 Cal. Rptr. 16 GREG FURTADO, Plaintiff and Respondent, v. KENT SCHRIEFER, Defendant and Appellant. Docket No. A048504. Court of Appeals of California, First District, Division One. April 8, 1991. *1611 COUNSEL James D. Biernat for Defendant and Appellant. Gillin, Jacobson & Ellis and Guy D. Borges for Plaintiff and Respondent. OPINION DOSSEE, J. The instant appeal ar...
Views: 0
Opinion I. Statement of the Case A two-count information filed in the Alameda County Superior Court on June 3, 1986, charged appellant and Wayne Winchester with the murder *1621 (Pen. Code, § 187) and robbery (Pen. Code, § 211) of John Fontanot. As to the first count, the information alleged as a special circumstance against appellant that the murder was committed during the course of a rob...
Views: 0
228 Cal. App. 3d 1601 (1991) 279 Cal. Rptr. 877 A. JOSEPH KILLIAN et al., Plaintiffs and Appellants, v. WILLIAM H. MILLARD et al., Defendants and Respondents; THOMAS F. CAMP et al., Claimants and Appellants. Docket No. A036176. Court of Appeals of California, First District, Division One. April 8, 1991. *1603 COUNSEL Thomas F. Camp, in pro. per., MacGregor & Buckley, John F. MacGregor, Daniel...
Views: 1
*59 Opinion Here we hold that the term “point of operation guard” as used in Labor Code 1 section 4558 includes any apparatus or device that keeps a worker’s hands outside the point of operation while operating a power press. CTS Corporation (CTS) appeals from the judgment entered after a jury rendered a special verdict in favor of respondent, William J. Bingham (...
Views: 0
Opinion Charged by information with unlawfully possessing cocaine (Health & Saf. Code, § 11350, subd. (a)) and a syringe (Bus. & Prof. Code, § 4149) and with resisting arrest (Pen. Code, § 148), defendant C. Autrey Johnson pled not guilty and moved in superior court to suppress evidence (id., § 1538.5). When the court denied the motion, he entered a negotiated plea of guilty to...
Views: 0
Opinion Defendant David Livingston Weathington appeals from conviction at jury trial of one count each of felony driving under the influence of alcohol with three or more priors for which he received a prison sentence, and misdemeanor driving on a suspended license. He claims that the court erred in instructing the jury and in refusing to bifurcate the trial of the priors. We agree with the lat...
Views: 2
Opinion Joan A. filed a petition in the superior court seeking a determination of whether the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.; hereinafter ICWA or the Act)1 applied to a prospective independent adoption of Baby Girl A. (minor), her natural child, and asking the court to *1614accept her consent to the proposed adoption. The Native Village of Akhiok, sought to intervene in the pr...
Views: 0
Opinion Introduction Julie Ann Henson was a passenger in an open convertible stopped for a moving violation on August 2, 1989. Certain plain-view observations by the detaining officers eventually led to the discovery of methamphetamine and marijuana in Henson’s purse. She was charged by information with (count I) a felony violation of Health and Safety Code section 11378 (possession ...
Views: 2
*153Opinion Everett W. Morris appeals a judgment denying his petition for a writ of mandate seeking an order commanding the state Department of Motor Vehicles (DMV) to annul its order made pursuant to Vehicle Code sections 13352, subdivision (a)(5), and 231701 revoking Morris’s driver’s license for three years for having had his third drunk driving conviction within seven years. Morris’s writ peti...
Views: 0
*102 Opinion Petitioners successfully assert that respondent court abused its discretion as a matter of law when it denied their request for a jury trial. Real party filed a lawsuit against petitioners for injuries which she claimed to have suffered in an automobile collision. On January 19, 1990, petitioners timely answered the complaint and served a demand for jury trial. The case was o...
Views: 1
Opinion This case concerns the constitutionality of Business and Professions Code section 820, 1 dealing with possible mental incompetency of a licensed dentist. Statement of Facts and Procedure Appellant Alexander D., a practicing dentist licensed by the State of California, appeals from an order of the superior court denying his motion for preliminary injunction to ...
Views: 0
Opinion This appeal presents a single legal issue of whether a creditor may recover prejudgment interest on interest-only installment payments due on a standard note. The trial court determined such interest was not recoverable. We shall affirm. Because of the single issue in this appeal, an exhaustive recitation of the factual and procedural history is unnecessary. The record discloses that in a...
Views: 0
Opinion Henry Scheidt was convicted by a jury of possession of a sawed-off shotgun (Pen. Code, § 12020, subd. (a)) 1 and possession of a concealable firearm (“a shotgun”) by a felon (§ 12021.1). During trial he admitted having served a prior prison term within the meaning of section 667.5, subdivision (b). At sentencing, the court imposed a prison term and sentenced appellant t...
Views: 1
Opinion Plaintiff, Sherman Johnson, appeals from a summary judgment in favor of defendants, James J. Simonelli and Simonelli, Simonelli & Carash, a professional law corporation, after the trial court determined that plaintiff’s action for attorney malpractice was barred by the statute of limitations. 1 We shall affirm. Facts Plaintiff retained defendants on June 1, 19...
Views: 0
Opinion Introduction Defendant Beverly California Corporation (hereafter Beverly), operator of a licensed skilled nursing facility, appeals from a judgment entered upon a jury verdict in this medical malpractice wrongful death action. Beverly contends the trial court committed prejudicial error in excluding evidence pertaining to the allocation of negligence between Beverly and the d...
Views: 0
231 Cal.App.3d 552 (1991) 282 Cal. Rptr. 181 DuBARRY INTERNATIONAL, INC., Plaintiff and Respondent, v. SOUTHWEST FOREST INDUSTRIES, INC., Defendant and Appellant. Docket No. B045330. Court of Appeals of California, Second District, Division Three. June 12, 1991. *555 COUNSEL Sidley & Austin, William F. Conlon, Cynthia A. Gray and William C. Ryan for Defendant and Appellant. Daniels, Baratta &...
Views: 1
Opinion Cynthia Aragon-Haas sued her former employer, Family Security Insurance Services, Inc., for damages for wrongful discharge. Plaintiff appeals from judgment of dismissal entered after the trial court sustained defendant’s demurrer to four causes of action of the first amended complaint without leave to amend and plaintiff voluntarily dismissed the remaining causes of action. F...
Views: 0
Opinion A jury awarded plaintiff Peter Opsal substantial contract and tort damages based on his argument that defendant United Services Automobile Association (USAA) improperly denied a claim for reimbursement under Opsal’s homeowners insurance policy. While we agree with Opsal that he was entitled to coverage under the policy, we conclude the evidence was insufficient to meet the higher ...
Views: 2
Opinion James A. Hibbard appeals a judgment imposing a consecutive sentence after his conviction for violating Penal Code 2 section 4532, subdivision (a) (nonviolent escape from honor camp while confined for a misde *147 meanor). By this appeal and in a companion writ petition, 3 he challenges the imposition of a 10-year term composed of consecutive sent...
Views: 0
Opinion Appellant James Glover appeals from a judgment denying mandamus relief in Ms challenge to the revocation of Ms license to practice medicine by respondent Board of Medical Quality Assurance. We affirm the judgment. On February 9, 1990, respondent issued a decision and order revoking appellant’s physician and surgeon’s license effective March 11,1990. Appellant’s license was revoked for viol...
Views: 0
Opinion By petition for writ of habeas corpus, 1 Danilo Dayan seeks immediate release from the custody of the Department of Corrections. Petitioner alleges that he has been wrongfully denied application of good-time and work-time credits (Pen. Code, § 2931 et seq.) 2 to his sentence. Petitioner is confined pursuant to a 1980 judgment and sentence of 15 years to life....
Views: 0
Opinion The central issue in this case is whether the civil service commission abused its discretion in upholding the discharge of a deputy sheriff who committed batteries on two prisoners, uttered threats and racial slurs against a co-employee and lied about these actions to his superiors. After hacking our way through a thicket of procedural issues, we conclude the commission acted well...
Views: 1
Opinion After a jury trial appellant Mark Renee Thomas was convicted of possession of cocaine base (Health & Saf. Code, § 11350) and transportation of cocaine base (Health & Saf. Code, § 11352). On appeal, he contends: 1) the trial court coerced the jury into returning a verdict, in violation of his rights to an impartial jury and fair trial, and 2) his conviction of possession should hav...
Views: 0
Opinion The instant appeal arises out of a dispute between defendants and appellants Riva Dudler et al. (appellant) and plaintiffs and respondents Sinai Memorial Chapel et al. (respondent) over whether appellant properly placed a monument containing a carved-in facial likeness of her deceased husband on a grave in a cemetery controlled by respondent. *194 After filing a comp...
Views: 0
*248 Opinion Introduction The Hollywood Redevelopment Project (the Project) was adopted by the Los Angeles City Council on May 7, 1986, and signed by the mayor on May 9,1986. It establishes a project area of approximately 1,100 acres in that part of the city known as Hollywood. The primary goals of the Project are the elimination of blight and revitalization of the area. The...
Views: 0
Opinion In this appeal we are required to decide the applicability of the protections of the antideficiency law (Code Civ. Proc., § 580a et seq.) 1 to certain personal guaranties of a trust’s debt. These guaranties were made by a husband and wife who simultaneously held the capacities of trustors, trustees, and beneficiaries of the debtor, their own revocable living trust. The ...
Views: 0
231 Cal.App.3d 327 (1991) 282 Cal. Rptr. 368 UNITED COMMUNITY CHURCH, Plaintiff and Respondent, v. ROBERT W. GARCIN et al., Defendants and Appellants. Docket No. B046856. Court of Appeals of California, Second District, Division One. June 19, 1991. *329 COUNSEL Charlston, Revich & Williams, Murchison & Cumming, Horvitz & Levy, George P. Schiavelli and Douglas G. Benedon for Defendants...
Views: 3
Opinion The People appeal from an order pursuant to Penal Code section 13871 dismissing an amended information which alleged respondent committed two counts of driving under the influence of alcohol causing injury and suffered a prior felony conviction for which he served a separate *364prison term. (Veh. Code, § 23153, subds. (a) & (b)2; Pen. Code, § 667.5, subd. (b).) The People contend: “The t...
Views: 1
*291 Opinion Following a jury trial, the defendant appeals from a judgment of conviction of assault with a deadly weapon. We affirm. Factual and Procedural Background Using a fishing knife, the defendant inflicted three lacerations to the neck and chin of the prosecuting witness, Mr. Waiter, ranging from three and one-half to about eight inches in length. Waiter claimed that the defendant...
Views: 2
Opinion The Olympic Club (hereinafter the Club), founded in 1860 for “white male citizens of the United States of good moral character, integrity and reputation,” owns sports, dining, and residential facilities in San Francisco. It is being sued by the City and County of San Francisco (hereinafter the City) for an injunction against membership policies and practices which are said to disc...
Views: 0
Opinion Appellant Jose Napoleon Santamaría was convicted by a jury of first degree murder and robbery. (Pen. Code, §§ 187, 211.) 1 The jury found a robbery-murder special circumstance allegation to be true (§ 190.2, subd. (a)(17)(i)); it also found not true a personal knife use enhancement allegation (§ 12022, subd. (b)). Appellant has appealed from the judgment and has also fi...
Views: 0
The majority correctly frames the issue in this case as “whether the trial court abused its discretion in dismissing the action in light of the discovery statutes embodied in the Code of Civil Procedure and interpreted by case law.” (Maj. opn., ante, p. 491.) I respectfully disagree, however, with the majority’s conclusion that no abuse occurred. It has long been accepted that discovery sanctions ...
Views: 0
Opinion Statement of the Case Donald W., the alleged natural father of Shereece B., a minor, appeals from an order terminating his parental rights. (Civ. Code, § 238.)1 He claims the court lacked jurisdiction to enter its order. He also claims that the order, if properly entered, violates his constitutional right to equal protection under the law. We find no merit to these claims and affirm the ...
Views: 0
Opinion The People seek a writ of mandate or prohibition after the court quashed subpoenas duces tecum seeking records from various mental *587 health professionals (doctors) 1 who had treated or tested Elizabeth Anne Broderick (Betty). 2 The court quashed the People’s subpoenas on the grounds they violated Betty’s state constitutional privilege against self-incrimination. We issued the o...
Views: 0
Opinion Petitioners Southland Title Corporation, Land Title Insurance Company and Lawyers Title Insurance Corporation (Southland) seek a writ of mandate compelling the Los Angeles Superior Court to vacate an order which overruled Southland’s demurrer to a cause of action for negligence and to enter a new and different order sustaining that demurrer. It was alleged that Southland had negli...
Views: 0
Opinion “A parent’s first and principal obligation is to support his or her minor children according to the parent’s circumstances and station in life.” (Civ. Code, § 4720, subd. (e); see also Civ. Code, § 196, subd. (a).) If the government supports a parent’s child, the parent has to reimburse the government subject to the three-year statute of limitations and the parent’s ability to pay...
Views: 0
Opinion This is an appeal from a judgment of dismissal entered after the trial court granted cross-defendant Northwestern National Insurance Company’s (Northwestern) motion for judgment on the pleadings on Columbia Casualty Company’s (Columbia) cross-complaint. We conclude that the allegations of Columbia’s cross-complaint state a good cause of action for declaratory relief against Northw...
Views: 0
Opinion Cesar Elias Cribas was convicted by a jury of rape (Pen. Code, § 261, subd. (2)), 1 bribery of witnesses (§ 137, subd. (a)), and conspiring with his brother, Danilo, to bribe witnesses (§ 182). He asserts a tape-recorded conversation between him and the victim was admitted in violation of the mandates of the United States Supreme Court in Massiah v. United States (1964) 377 U.S. 2...
Views: 0
*351 Opinion Introduction Plaintiffs appeal from a judgment of the trial court denying their petition for writ of mandate, certiorari or prohibition. Statement of Facts Plaintiffs 1 hold licenses as harness racing drivers issued by defendant California Horse Racing Board (board). Real party in interest Los Alamitos Racing Association (LARA) owns and oper...
Views: 0
231 Cal.App.3d 515 (1991) 282 Cal. Rptr. 556 RICHARD GAYER, Plaintiff and Appellant, v. POLK GULCH, INC., Defendant and Respondent. Docket No. A050821. Court of Appeals of California, First District, Division Four. June 21, 1991. *517 COUNSEL Richard Gayer, in pro. per., for Plaintiff and Appellant. King, Shapiro, Mittelman & Buchman, Mark R. Mittelman and Mark J. Zanobini for Defendant and R...
Views: 0
Opinion Montie S. Day appeals a judgment of the Alameda County Superior Court dismissing his complaint against respondents Christina Juris Papadakis and George Papadakis following the grant of summary judgment on the complaint and its severance from a cross-complaint filed by respondents. Appellant challenges the award of attorneys’ fees to respondents, contending that entry of judgment o...
Views: 2
Opinion Presenting Jamul appeals a judgment denying its petition for a writ of mandate and complaint for declaratory relief, in which it challenges the Board of Supervisors of San Diego County’s (Board) denial of its request to toll the expiration date of the tentative subdivision map. The tentative map (Tentative Map) related to a proposed development known as. the Honey *667 ...
Views: 2
Opinion After defendant waived his right to a jury trial, the court found defendant guilty of first degree murder of Kenneth Williams (count 1; Pen. Code, § 187, subd. (a)) and that proceedings on count 2, second degree robbery of Kenneth Williams (Pen. Code, § 211), were barred by the *656 proscription against double jeopardy. Defendant was sentenced to state prison for a term of 25 years to...
Views: 0
231 Cal.App.3d 415 (1991) 282 Cal. Rptr. 411 In re DAVID LEWIS NICKLES on Habeas Corpus. Docket No. A051071. Court of Appeals of California, First District, Division Two. June 20, 1991. *416 COUNSEL Ruby Udell Grad, under appointment by the Court of Appeal, for Petitioner. Daniel E. Lungren, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attor...
Views: 0
Opinion Introduction Ramiro Guerra Madera stands convicted of two counts of burglary (Pen. Code, § 460, subd. I), 1 five counts of lewd and lascivious acts with a child under the age of fourteen (§ 288, subd. (a)), two counts of oral copulation (§ 288a, subd. (c)) and three counts of sodomy (§ 286, subd. (c)). The convictions stem from conduct involving Madera and several minor males betwee...
Views: 1
Opinion Introduction At the conclusion of a jury trial on December 15,1989, Linda Layne King was found guilty of being in possession of methamphetamine for purpose of sale in violation of Health and Safety Code section 11378. The jury found true an enhancement that Linda King was personally armed with a firearm in violation of Penal Code section 12022, subdivision (b). King also was found gui...
Views: 2
Opinion In this appeal we shall hold judicial review of a decision of the California Horse Racing Board (Board) to issue a license is barred by the failure of plaintiff, California Standardbred Sires Stakes Committee, Inc., to file its petition for writ of mandamus in the superior court within the 30-day period provided by statute. We shall therefore reverse the judgment of the superior c...
Views: 2
Opinion Summary Frank Hublou (Husband) appeals after the trial court ordered him to pay to Lilia Hublou (Wife) $5,000 of the attorney fees and costs she incurred opposing his motion to reduce spousal support. We will affirm as there was no abuse of discretion. *959 Facts and Proceedings Pursuant to a July 1987 stipulation, Husband agreed to pay Wife spousal...
Views: 0
Opinion Attorney Stuart A. Comis and the law firm of Cohen, England & Whitfield appeal from a judgment entered against them and in favor of plaintiff Gunnar Skarbrevik after a jury trial on the issues of conspiracy to defraud and professional negligence. 1 The principal questions presented in this appeal concern the liability of counsel of a close corporation to a minority shar...
Views: 0
Opinion Introduction Convicted of second degree murder with a finding that he personally used a firearm (Pen. Code, §§ 187, 12022.5), defendant was sentenced to 17 years to life in state prison. *785 On appeal, defendant asserts he was illegally tried by a superior court judge who did not live in the county in which he sat, in violation of Government Code section 69502....
Views: 1
231 Cal.App.3d 766 (1991) 282 Cal. Rptr. 664 TOM HUENING, Plaintiff and Respondent, v. MARCH FONG EU, as Secretary of State, etc., Defendant and Respondent; DONALD MALE, as State Printer, etc., Real Party in Interest and Respondent; TOM NOBLE et al., Real Parties in Interest and Appellants. Docket No. C008543. Court of Appeals of California, Third District. June 25, 1991. *768 COUNSEL No appearan...
Views: 0
Opinion Petitioner Alendra Birdsall appeals from a judgment of dismissal following the sustaining of a demurrer without leave to amend. Birdsall filed a petition for writ of mandate against the County of Riverside, the Personnel Director of the County of Riverside, and the Coroner and Public Administrator of the County of Riverside (referred to collectively as County). In her petition, sh...
Views: 0
Opinion Appellant Genevieve Hall sued respondent Great Western Bank for wrongful termination of her employment. Her complaint alleged that she was fired because she refused to comply with respondent’s instruction to withdraw her application for partial unemployment benefits which she had filed with the Employment Development Department. She alleged that this was the sole reason for her te...
Views: 0
Opinion Plaintiff, Enterprise Leasing Corporation, appeals from judgment entered against it and in favor of defendant Shugart Corporation (Shugart) after the trial court granted defendant’s motion for nonsuit made at the conclusion of plaintiff’s opening statement. *742 Facts Pursuant to a written lease agreement executed on February 21, 1986, (lease), plaintiff leased ...
Views: 0
*375 Opinion Opinion on Rehearing A1 Nakashima and George Price (defendants) appeal from a summary judgment granted plaintiffs FPI Development, Inc. (FPI) and K. W. Hunt in an action on a promissory note. 1 The case tenders two issues of importance to summary judgment proceedings. The first issue concerns the application of the parol evidence rule in such a proc...
Views: 3
Opinion Defendants appeal, inter alia, from a postjudgment order establishing the sum owing on an existing judgment as $258,990.47. They claim the judgment has been satisfied in full and, in any event, plaintiff is barred by the one form of action rule (Code Civ. Proc., §§ 725a, 726) 1 and the antideficiency statutes (§§ 580a, 580d) from further collection efforts. We agree. Ac...
Views: 0
Opinion On August 11, 1981, respondent State Board of Equalization (Board) issued a notice of redetermination to appellant Philips *725and Ober Electric Co. (Philips) assessing an underpayment of tax and interest in the amount of $19,144.87. Philips paid this amount and then filed a claim for refund for the entire amount. The Board denied the claim for refund. Thereafter, appellant filed a “Compl...
Views: 0
Opinion Plaintiff, Hans S. Nymark, appeals from the judgment entered in favor of defendant, Heart Federal Savings & Loan Association, after the trial court granted defendant’s motion for summary judgment in this action to recover damages allegedly resulting from defendant’s negligence in appraising plaintiff’s property in connection with his application for a loan from defendant to refina...
Views: 1
Opinion The judgment creditor in this case sought a judicial order authorizing the sale of real property she had attached to satisfy the judgment. The trial court denied the request, reasoning that the writ of attachment was invalid because the clerk of the court had issued it without requiring the creditor to post a bond. We affirm. *881 Facts In 1983, appellant Peggy Vershbow instituted...
Views: 1
Opinion In this consolidated appeal arising from a lawsuit against Storer Communications, Inc. (Storer), which at the time owned television Channel 39 and was operating the station under the call letters of KCST-TV, San Diego, we consider the issue of special damages in defamation actions. Naomi O’Hara sued Storer for slander, and, in a trial limited to special damages, a jury awarded her $300,00...
Views: 0
Opinion Mary Loera Hernandez was convicted of three counts of violation of the Health and Safety Code 1 and sentenced on December 13, 1990. A notice of appeal was filed the following day. Hernandez sought bail pending appeal which was denied. She now petitions this court 2 arguing that the offenses of which she is convicted are not violent felonies under Penal Code 3 section 667.5, subdiv...
Views: 0
Opinion Long Beach Equities, Inc. (LBE) desires to build 249 single-family residences on a 250-acre parcel of land it owns adjacent to the City of Simi Valley (City). LBE contends that land use regulations of the County of Ventura (County) and City, on their face and as applied, will so greatly delay its development plans as to render them economically infeasible. We hold that this s...
Views: 2
231 Cal.App.3d 1043 (1991) 282 Cal. Rptr. 726 ERNEST F. VALDEZ, Plaintiff and Appellant, v. CITY OF LOS ANGELES et al., Defendants and Respondents. Docket No. B048372. Court of Appeals of California, Second District, Division Seven. June 27, 1991. *1047 COUNSEL George Kezios for Plaintiff and Appellant. James K. Hahn, City Attorney, Frederick N. Merkin and Robert Cramer, Assistant City Attorneys,...
Views: 4
Opinion Montrose Chemical Corporation of California and International Insurance Company are involved in litigation to determine whether various insurance companies are obligated to indemnify Montrose for hazardous waste pollution problems at several sites in California. International appeals from an order imposing discovery sanctions against it. We affirm and impose further sanctions for ...
Views: 0
*929Opinion The action underlying this appeal is one for declaratory relief brought by Harbor Insurance Company (plaintiff) against its insured, City of Ontario (defendant), to resolve a single issue. That issue is whether defendant insured is required to contribute its self-insured retention after it gave plaintiff insurer its permission but not its agreement to settle a third party action filed...
Views: 0
*1352 Opinion Introduction Plaintiff Sumita Chatterjee appeals from an order denying her petition for writ of mandate to compel defendant Kenneth Kizer, M.D., as Director of the Department of Health Services, to set aside his order denying her Medi-Cal benefits for the period of September 1985 through September 1986. Statement of Facts Plaintiff applied to Los Ange...
Views: 0
Opinion Following a jury trial in municipal court, appellant was convicted of making telephone calls with the intent to annoy, in violation of Penal Code section 653m, subdivisions (a) and (b). 1 Appellant contends both statutes are unconstitutionally overbroad because they impinge on his free speech rights, and that subdivision (a) is unconstitutionally vague as well. We trans...
Views: 0
Opinion Barbara D. appeals from a juvenile court order instituting guardianship of two of her children, Richard C. and Jennifer C. The court issued letters of guardianship upon its finding guardianship as the appropriate permanent plan in the place of adoption. An earlier Civil Code section 232 petition for termination of parental rights brought by the Stanislaus County Department of Human Service...
Views: 0
Opinion I. Introduction Plaintiff Constantin Velicescu, individually and doing business as Connie Construction Co., attempts to appeal from an order granting defendant Dan Fauna’s motion to vacate a default entered by the clerk of the trial court. Defendant correctly contends that the order was not appealable. Therefore, we dismiss the appeal. II. Discussion A. The Order Granting Defenda...
Views: 0
Opinion Terry Y. Brown and Barbara L. Whisenant, as executors of the estate of Brenda Lu McNeil, appeal an adverse summary judgment entered in their wrongful death action against Dr. Nainamohamed A. Rahman. The court found that because Rahman had been adjudged not liable in McNeil’s personal injury action, her heirs were collaterally estopped from relitigating the issue of the doctor’s li...
Views: 0
Opinion This is an appeal from a judgment of dismissal entered upon plaintiffs’ failure to bring the action to trial within three years. On appeal, plaintiffs argue that the trial court erred in granting the motion to dismiss when another judge had previously granted plaintiffs’ motion to advance and had set the case for trial. We agree and reverse. Facts In October 1983, plaint...
Views: 0
Opinion In this case, we hold an employer does not have a cause of action to recover damages for increased workers’ compensation insurance premiums and lost profits incurred as a result of negligent injury to its employee. I Facts Employees of respondent Paller & Goldstein negligently injured appellant Hester Dry wall’s employee, Harold Fischl, while they were working toget...
Views: 0
Opinion In this case we hold that where the lease of a mobilehome park was intended to be security for payment of a debt, the lease was in effect a mortgage, and thus the lessee’s rights to accrued profits from operation of the mobilehome park were limited to the amount of the debt, plus interest. Doris N. Earp appeals from a judgment determining that she owed $290,656 plus interest to her form...
Views: 0
Opinion On October 18, 1985, R.N.C., Inc., (RNC) filed a complaint against George and Charlotte Tsegeletos and Warren and Edith DeGraff. (Super. Ct. No. 125382.) The complaint alleged, in essence, that the Tsegeletos and DeGraffs had guaranteed the debts of Skip Sports Group, Inc., that Skip Sports had failed to pay its debts to RNC, and that the Tsegeletos and DeGraffs therefore were liable to R...
Views: 0
Opinion Robert Rex and P. J. Rex appeal from the judgment following a court trial declaring their operation of a bed and breakfast inn to be in violation of Sonoma County (hereinafter County) zoning ordinances and permanently enjoining them from maintaining a bed and breakfast inn on their property without a use permit. Appellants contend the trial court was in error in failing to find th...
Views: 1
Opinion Lubomir J. Valenta appeals an order denying his motion to terminate a claim of lien by his former attorney, H. Richard Bixby. The trial *1467 court ruled Bixby was entitled to a lien for the reasonable value of his services against the judgment in an underlying case. Valenta contends the court lacked jurisdiction because the validity of the lien must be decided in an independent actio...
Views: 0
Opinion We conclude the trial court properly enjoined defendants County of Los Angeles and the Sheriff’s Department of the County of Los Angeles from unlawfully interfering with the playing of pai gow, pai gow poker, and pan 9 at the Bell Gardens Bicycle Club, the California Commerce Club, the El Dorado Club, and the Normandie Club (the card clubs). We affirm the judgment and impose sanct...
Views: 1
Opinion Following a jury trial both McLarand, Vasquez & Partners, Inc. (McLarand), and Downey Savings & Loan Association (Downey) were denied relief on the complaint and cross-complaint they brought against each other. Both sought costs and attorneys’ fees. The trial court awarded costs to Downey but denied its attorneys’ fees; it denied both to McLarand. On appeal McLarand contends it, t...
Views: 0
Opinion William Allen Garrett (Garrett) entered a plea of guilty in superior court case No. CRN17202 to driving under the influence in violation of Vehicle Code section 23153, subdivision (a) while on felony bail in violation of Penal Code 1 section 12022.1. On May 15, 1990, Garrett was sentenced on two other felony cases, Nos. CRN17201 and CRN15678, and *1526 this case. A term of eight yea...
Views: 0
Opinion Javier Doroteo Chavez was charged with receiving stolen property (Pen. Code, § 496, subd. 1) and grand theft of an automobile (Pen. Code, § 487h, subd. (a).) It was also alleged defendant had suffered a prior *1474 term of imprisonment for robbery pursuant to Penal Code section 667.5, subdivision (b). 1 After a jury trial, defendant was acquitted of receiving stolen property but c...
Views: 2
Opinion This appeal arises from a jury verdict in favor of Patricia S. Teitel against First Los Angeles Bank (Bank). Following a jury trial in which Teitel received a verdict of some $9,000 in general damages and $500,000 in punitive damages against Bank, the trial court denied a remittitur motion to alternatively reduce the amount of punitive damages or grant a new trial, but granted Ban...
Views: 0
Opinion Dr. Paul D. Rosenblit appeals the denial of his petition for a writ of mandate to compel Fountain Valley Regional Hospital and Medical *1438 Center (Hospital) to reinstate his medical staff membership and clinical privileges. The trial court specifically rejected the doctor’s claim he was denied a fair hearing. However, the California Medical Association (CMA) filed a...
Views: 0
Opinion Plaintiff Mary V. Wildensten appeals from the judgment entered after the trial court sustained a demurrer to her first amended complaint without leave to amend. The trial court ruled that Wildensten failed to state a cause of action for inverse condemnation. We affirm. Factual and Procedural Background The relevant allegations of Wildensten’s first amended complaint are ...
Views: 3
Opinion In this case we review the methods used by the State Board of Equalization (the Board) to assess railroad operating assets. We conclude, as did the superior court, that the Board’s “composite life” model cannot legally be applied to railroad operating property. We also hold, however, that the *989 superior court erred in finding illegal certain Board techniques for es...
Views: 0
Opinion Petitioner California Insurance Guarantee Association (CIGA) seeks a writ of mandate directing the respondent court to vacate its order staying the trial of a declaratory relief action commenced by CIGA to determine issues of coverage under a liability policy issued by a now insolvent insurer. As we conclude that CIGA has no better or greater right to a trial preference for resolution o...
Views: 1
Opinion We review a decision of respondent Workers’ Compensation Appeals Board (Board) that 70 percent of applicant’s cardiovascular and psychiatric disability should be apportioned to preexisting disability. Because we conclude the employer failed to meet its burden of proving applicant had preexisting cardiovascular and psychiatric disability, we will annul the Board’s order denying reconside...
Views: 1
Opinion Appellant Teachers’ Retirement Board of the State of California (the Board) denied respondent Sharon Abshear’s application for a disability allowance, even though an injury suffered by Abshear undisputedly prevents her from performing her duties as a physical education teacher. The Board justified its denial on the grounds that Abshear could become qualified as a classroom teacher withi...
Views: 0
Opinion The County of Monterey (hereafter, County) attempts to appeal from an order directing it to pay attorney fees of $500 to defendant Anthony Mahabir’s counsel, Gary E. Gray, pursuant to Code of Civil Procedure section 128.5. 1 A threshold issue is the appealability of this order. *1652 This paternity action, filed in June 1989 by County on behalf of Cynthia ...
Views: 1
Opinion Maria Ochoa (defendant) was found guilty by a jury of one count of welfare fraud (Welf. & Inst. Code, § 10980, subd. (c)(2)), one count of food stamp fraud (Welf. & Inst. Code, § 10980, subd. (c)(2)) and nine counts of perjury. (Pen. Code, § 118.) She was placed on probation for five years subject to certain terms and conditions. She appeals, contending that the trial court erred ...
Views: 0
Opinion This is an appeal by appellants City of Los Angeles (City), the Los Angeles City Fire Department (Department), Donald Manning, the Department’s chief engineer and general manager (Chief Engineer), and the board of fire commissioners from a judgment confirming an arbitrator’s award. The award directed the Chief Engineer to constitute a new board of rights to reconsider the Department’s t...
Views: 0
Opinion Mark Lynn Rippberger and his wife Susan Edna Middleton appeal from a conviction of felony child endangerment. The conviction was based on the death of appellants’ eight-month-old daughter, caused by bacterial meningitis after a fifteen-day illness during which appellants withheld medical attention and treatment on the basis of their beliefs as Christian Scientists. We affirm the judgmen...
Views: 2
Opinion Wayne Gann (Gann) and Gann Investments, Inc. (GII) appeal from judgment of dismissal pursuant to Code of Civil Procedure section 631.8, subdivision (a). 1 They contend that the trial court erred in failing to relieve them of their waiver of jury trial and in applying the wrong standard in determining the nonexistence of broker-principal relationship between Williams Bro...
Views: 0
Opinion Introduction In this case we determine whether the Department of Corrections (Department) can limit certain publicly paid chaplaincy positions to persons ordained, accredited by and in good standing with the Roman Catholic Church without violating the establishment clause, the equal protection clause, or article I, sections 4, 7 and 8 of the California Constitution. We hold that it can. F...
Views: 0
230 Cal. App. 3d 102 (1991) 281 Cal. Rptr. 1 In re BENNY S., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. BENNY S., Defendant and Appellant. Docket No. B046137. Court of Appeals of California, Second District, Division Seven. April 24, 1991. *104 COUNSEL Arthur H. Weed, under appointment by the Court of Appeal, for Defendant and Appellant. Daniel E. Lungr...
Views: 0
Opinion —The defendant and appellant Southern California Edison Company (Edison) appeals a judgment entered in favor of the plaintiff and respondent Anthony Mancuso following the trial court’s summary adjudication of the issue of liability and a jury verdict as to damages. Plaintiff’s damages arose from the destruction of his business by a fire caused by an excessive amount of electrical ...
Views: 0
Opinion —Defendant/appellant Union Oil Company of California, doing business as Unocal, appeals a judgment by the trial court declaring its petroleum franchise transfer policy in violation of Business and Professions Code section 21148, 1 and enjoining its further execution. Procedural History and Facts Unocal is a California corporation engaged in the business of ref...
Views: 1
Opinion Appellant Rouben Khalatian, M.D., appeals from an order denying his petition to stay further proceedings and compel arbitration of the medical malpractice action instituted by respondents Inez Chavez, Jose Bolanos 1 and their child Tatiana Bolanos. In the malpractice action, it is alleged that negligent care was rendered to Inez Chavez prior to and during delivery of her child, Tatian...
Views: 0
Opinion —Merrill D. Bodily and Tawna Bodily appeal from a denial of their motion for attorney’s fees. We reverse with directions. *85 Facts Respondent Rainier National Bank (Rainier) obtained a judgment in the State of Washington against the Bodilys on the basis that they were guarantors of a promissory note. The Washington judgment was entered on May 12,1988, and provided for principal...
Views: 1
Opinion Plaintiffs Lick Mill Creek Apartments and Prometheus Development Company, Inc., appeal from a judgment of dismissal entered *1657 after the trial court sustained, without leave to amend, the demurrer of defendants Chicago Title Insurance Company and First American Title Insurance Company to plaintiffs’ first amended complaint. The trial court determined, based on undi...
Views: 0
232 Cal.App.3d 117 (1991) 283 Cal. Rptr. 314 DRAKE BRYAN TZOLOV, an Incompetent Person, etc., Plaintiff and Appellant, v. INTERNATIONAL JET LEASING, INC., Defendant and Respondent. Docket No. H007660. Court of Appeals of California, Sixth District. July 11, 1991. *118 COUNSEL Trezza, Ithurburn & Steidlmayer and Michael J. Trezza for Plaintiff and Appellant. Gassett, Perry & Frank, L. Christian Sp...
Views: 2
Opinion —This is a petition for writ of mandate or supersedeas seeking a stay of enforcement of a money judgment without bond. The trial court awarded defendants and respondents a summary judgment consisting of attorney’s fees imposed as sanctions, costs, and attorney’s fees awarded the prevailing parties pursuant to contract. The judgment includes no actual damages. The issue is whether such a...
Views: 0
*108 Opinion —Since January 1990, John Luckett has filed at least 43 different appeals or writ petitions in this court while acting in propria persona. After due notice and an opportunity to be heard, the court has determined he is a vexatious litigant within the meaning of Code of Civil Procedure section 391, subdivision (b)(3), in that he has “repeatedly [filed] unmeritorious motions, plead...
Views: 1
Opinion —Crown Motors applied to the City of Redding for a use permit to construct and maintain an electronic reader board to display its advertising and other messages to the public. After Crown Motors filed its application, the city council enacted an ordinance prohibiting electronic reader boards. The ordinance was adopted as an urgency measure, thus becoming effective immediately and preven...
Views: 0
*161 Opinion —Stanley Walsh, M.D., and Southwestern Corporation Medical Group, a corporation, appeal from the dismissal of their cross-complaint for spoliation of evidence following the sustaining of a demurrer without leave to amend. Appellants are defendants in an action for wrongful death arising from alleged medical malpractice. The wrongful death complaint was filed by ...
Views: 1
232 Cal.App.3d 112 (1991) 283 Cal. Rptr. 33 INTERNATIONAL JET SKI BOATING ASSOCIATION, INC., Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; TONY PARKER, Real Party in Interest. Docket No. G010381. Court of Appeals of California, Fourth District, Division Three. June 24, 1991. *113 COUNSEL Hill, Genson, Even, Crandall & Wade and Janet M. Oldfield for Petitioner. Terry C. Andrus, C...
Views: 0
Opinion —Appellant Robert E. Overend was retired for disability as a “state miscellaneous” member of the Public Employees Retirement System (PERS). He subsequently sought reclassification as a “state safety” member. (Gov. Code, § 20013, subd. (b).) Respondent Board of Administration of PERS determined that appellant was properly classified as a miscellaneous member and not entitled to safety membe...
Views: 0
Opinion —Plaintiff A. Groppe & Sons Glass Company, Inc., appeals from a judgment entered after the trial court granted the motion of defendant Fireman’s Fund Insurance Company to dismiss the action for failure to serve summons and complaint within two years. (Code Civ. Proc., §§ 583.410, 583.420, subd. (a)(1).) 1 We conclude the trial court did not abuse its discretion in grant...
Views: 0
Opinion —Plaintiff United Services Automobile Association (USAA) brought this declaratory relief action against defendant Ann Dalrymple to resolve a coverage dispute concerning Dalrymple’s renter’s insurance policy. Dalrymple cross-complained alleging that USAA’s denial of coverage was in bad faith. Significantly, the cross-complaint was severed and the declaratory relief action proceeded...
Views: 1
Opinion —Discrimination based on characteristics such as race, sex, age, and religion is repugnant in any form. Nevertheless, purely private clubs are free to engage in such discrimination. However, members of private discriminatory clubs may not deduct club-related business expenses on their state income tax returns. The Franchise Tax Board seeks disclosure of a private club’s membership...
Views: 0
232 Cal.App.3d 147 (1991) 283 Cal. Rptr. 422 THE PEOPLE, Plaintiff and Respondent, v. STEVEN RAMON TUGGLE, Defendant and Appellant. Docket No. A048701. Court of Appeals of California, First District, Division Two. July 12, 1991. *148 COUNSEL Robert Derham, under appointment by the Court of Appeal, for Defendant and Appellant. *149 John K. Van de Kamp, Attorney General, and Frances Marie Dogan, De...
Views: 0
Opinion —Appellant, Mary Dell, aka Winifred Strand, appeals from a judgment of conviction after a jury trial for one count of pimping and two counts of pandering in violation of Penal Code sections 266h and 266i. We *252 find the various assignments of error do not warrant reversal and affirm the judgment below. Facts and Proceedings Below Because there is no challe...
Views: 0
Opinion —Merrill L. Kirkpatrick and Rosanna F. Kirkpatrick (Kirkpatricks), husband and wife owners of an Oceanside mobilehome park named Laguna Vista Mobile Estates, appeal from an order dismissing this action after the trial court sustained without leave to amend general demurrers brought by the State of California (State) and the City of Oceanside (City) to Kirkpatricks’ complaint for i...
Views: 0
Opinion PIaintiff/appellant Marshall Mars (appellant) appeals from the judgment entered upon the granting of the motion for summary judgment of defendant/respondent Wedbush Morgan Securities, Inc. (respondent). 1 Appellant had sued First United Securities Group (First United); respondent; and Dennis Kantor, First United’s owner, in an attempt to recover investment losses appell...
Views: 0
Opinion —George Eugene Armstrong appeals from a judgment of conviction following a jury verdict finding him guilty of possession of cocaine. (Health & Saf. Code, § 11350.) He claims his conviction must be reversed because the trial court erred when it denied his Penal Code section 995 (section 995) motion. Appellant also maintains the trial court improperly denied his request for probatio...
Views: 1
Opinion —Michael Brito appeals a judgment of convictions of robbery (Pen. Code, 2 § 211), attempted murder, with a finding of premeditation and deliberation (§§ 664,187, subd. (a)), and assault with a firearm (§ 245, subd. (a)(2)). He asserts the court erred by (1) failing to instruct on attempted involuntary manslaughter as a lesser included offense; (2) refusing to instruct o...
Views: 0
232 Cal.App.3d 307 (1991) 283 Cal. Rptr. 447 ARTURO LOPEZ, Plaintiff and Appellant, v. CIVIL SERVICE COMMISSION OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Respondents. Docket No. A050164. Court of Appeals of California, First District, Division Two. July 16, 1991. *310 COUNSEL Davis, Cowell & Bowe, Philip Paul Bowe and Richard G. McCracken for Plaintiff and Appellant. Louise H...
Views: 0
232 Cal. App. 3d 378 (1991) 283 Cal. Rptr. 452 THE PEOPLE, Plaintiff and Respondent, v. DAVID ALLEN BORAGNO, Defendant and Appellant. In re DAVID ALLEN BORAGNO on Habeas Corpus. Docket Nos. F013523, F014771. Court of Appeals of California, Fifth District. July 17, 1991. *381 COUNSEL Eric M. Weaver, under appointment by the Court of Appeal, for Defendant and Appellant. John K. Van de Kamp and Dani...
Views: 0
Opinion —Defendants North Coast Business Park and Michael I. Crain (together North Coast) appeal a judgment confirming a Labor Commissioner’s award in favor of plaintiff Vickie J. Clavell after the superior *330 court denied as untimely North Coast’s request for a trial de novo. The sole issue on appeal is whether the 1988 amendment to Labor Code section 98.2 allows an additional five days to...
Views: 0
232 Cal. App. 3d 395 (1991) 283 Cal. Rptr. 668 DIANNE YOUNGWORTH et al., Plaintiffs and Appellants, v. JENNIFER STARK et al., Defendants and Respondents. Docket No. A051761. Court of Appeals of California, First District, Division Five. July 18, 1991. *397 COUNSEL John Wm. Cumming for Plaintiffs and Appellants. Mitchell, Dedekam & Angell and John M. Vrieze for Defendants and Respondents. *398...
Views: 1
Opinion —In this case, we hold that the constitutionally protected public right of access to trials and pretrial proceedings in criminal cases does not extend to juvenile dependency proceedings. However, members of the press are persons having a “direct and legitimate interest in the work of the court” and may be permitted to attend such proceedings in the exercise of the juvenile court’s...
Views: 0
Opinion I Introduction This case involves a purported roadway easement (easement) which the King family alleges exists in favor of the Kng family over land owned by the Mikels family in the City of Rancho Cucamonga. The Mikelses bought the land in question (Parcel No. 1) from Richwood Development Inc., which had apparently acquired it from the Desimones, who had purchased it fro...
Views: 0
232 Cal. App. 3d 32 (1991) 283 Cal. Rptr. 271 ELIAS S. OLVERA, SR., et al., Plaintiffs and Appellants, v. PAULA D. OLVERA, Defendant and Respondent. Docket No. E008113. Court of Appeals of California, Fourth District, Division Two. July 9, 1991. *34 COUNSEL Harold M. Fagin for Plaintiffs and Appellants. David P. Weilbacher for Defendant and Respondent. [Opinion certified for partial publication.[...
Views: 0
Opinion —Defendant was convicted by a jury of second degree murder. He seeks reversal based on alleged instructional errors and abuse of discretion in admitting photographs of the victim’s corpse. We find no merit in these arguments and, therefore, affirm the conviction. Facts Defendant and the victim, apparently, were members of rival gangs. At about 11:30 one night defendant found the vic...
Views: 0
232 Cal.App.3d 572 (1991) 283 Cal. Rptr. 732 In re COMPLEX ASBESTOS LITIGATION. FLOYD W. WIDGER et al., Plaintiffs and Appellants, v. OWENS-CORNING FIBERGLAS CORPORATION et al., Defendants and Appellants; GAF CORPORATION et al., Defendants and Respondents; JEFFREY B. HARRISON et al., Objectors and Appellants. [And eight other cases.][*] Docket No. A047921. Court of Appeals of California, First Di...
Views: 1
Opinion —American Broadcasting Companies, Inc., KGO-TV, and Carol Ivy (appellants) appeal from a judgment entered against them in a defamation action brought by Michael J. Weller (Weller), Edgar W. Morse, and Argentum Antiques Ltd., Inc. (Argentum). The jury found that a series of broadcasts in February and March of 1984 concerning the origin and value of certain antique silver candelabra...
Views: 0
Opinion —The issue in this case is whether a defendant who is sued on a contract entitling a successful litigant to attorney’s fees under Civil Code 1 section 1717 may recover such fees where the plaintiff’s action is dismissed because it was not brought to trial within five years. Because we answer this question in the affirmative, we reverse the post-judgment order denying the motion of def...
Views: 1
Opinion Introduction In this insurance coverage dispute, George and Diana Messinger (the Messingers) appeal from a summary judgment in favor of State Farm. This dispute arose out of a two-car collision after the Messingers sought to recover under their automobile underinsurance policy with State Farm payment of damages not covered by the tortfeasor’s liability policy. The Messingers ...
Views: 1
Opinion —Defendant Timothy Thushun McGee challenges the trial court’s authority to reconsider and to vacate its earlier ruling setting aside defendant’s guilty plea to sexual molestation of a child under age 14. (Pen. Code, § 288, subd. (a).) 1 We hold that the court may not reinstate a guilty plea without defendant’s acquiescence. The information charged defendant with se...
Views: 1
Opinion —Defendants City of Burbank, Michael R. Hastings, in his capacity as Mayor of Burbank, and Robert Bowne, Al Dossin, Mary Lou Howard, and Mary Kelsey, in their capacity as members of the Burbank City Council (herein referred to as City), appeal from an order awarding plaintiffs attorneys’ fees of $18,700 pursuant to Code of Civil Procedure section 1021.5. Plaintiffs Kathleen Angelheart, No...
Views: 0
Opinion — A jury convicted Richard Robert Sering on two counts of robbery (Pen. Code, 1 § 211) and one weapon use enhance *682 ment (§ 12022, subd. (a)). 2 He received a total sentence of five years, less custody and time-served credits. Sering appeals, contending (1) the San Diego County Superior Court lacked territorial jurisdiction over the May 25 ro...
Views: 0
*489Opinion —In this case we hold a $48-per-year registration fee imposed on rent controlled units does not necessarily deprive landlords of their constitutionally guaranteed “just and reasonable rate of return.” Accordingly, we affirm the trial court’s rejection of a facial constitutional challenge to that fee. Statement of Facts and Proceedings Below In September 1985, the newly created City of ...
Views: 0
—I concur in the judgment, but write separately to express dissatisfaction with the reasoning contained in the lead opinion under subparagraph I of the Discussion pertaining to third party liability of the broker for the tortious acts of an independent property appraiser. I am of the opinion that there was sufficient evidence (slight) before the trier of fact to entitle appellant to the requested ...
Views: 0
232 Cal.App.3d 408 (1991) 283 Cal. Rptr. 688 ELYSIUM INSTITUTE, INC., et al., Plaintiffs and Appellants, v. COUNTY OF LOS ANGELES et al., Defendants and Respondents. Docket No. B031797. Court of Appeals of California, Second District, Division Seven. July 18, 1991. *416 COUNSEL Stephen F. Rohde and Gregory T. Victoroff for Plaintiffs and Appellants. De Witt W Clinton, County Counsel, and Karen A....
Views: 0
Opinion —Appellant Bradco International, Ltd. (Bradco) appeals from a judgment entered on a jury verdict in favor of Robert J. Horn (Horn). The jury, finding Bradco had breached an implied employment contract with Horn by terminating him, awarded Horn $464,269 in damages for lost salary and benefits, both past and future, plus $55,000 for additional consequential damages. Finding also tha...
Views: 0
Opinion —A traffic officer asked Robert Autry to step out of his car for a “patdown” search. Autry complied and the officer felt two objects which were similar to hypodermic needles and syringes. The officer removed the objects—which were indeed two hypodermic needles and syringes—and arrested Autry, who was later found to have cocaine on him. Autry now claims the officer did not have eno...
Views: 0
Opinion —This appeal involves the right to sell property under a deed of trust after the borrower’s default. We must determine whether a beneficiary with actual knowledge of facts materially affecting the value of property has a duty to disclose those facts to prospective bidders at a trustee’s sale. George A. and Anastasios A. Karoutas (the Karoutases) were successful bidders at a truste...
Views: 0
232 Cal.App.3d 755 (1991) 283 Cal. Rptr. 533 KENNETH SCHILD et al., Plaintiffs and Appellants, v. MICHAEL P. RUBIN, Defendant and Respondent. Docket No. B052727. Court of Appeals of California, Second District, Division Five. July 22, 1991. *757 COUNSEL Moser & Ostling and James L. Moser for Plaintiffs and Appellants. Michael P. Rubin, in pro. per., for Defendant and Respondent. OPINION BOREN...
Views: 0
Opinion —This appeal concerns whether the pendency of a federal tort claim for personal injuries against the United States government tolls the statute of limitations applicable to a state action against a defendant who was not a government employee and who was dismissed from a subsequent federal action because the federal court did not have jurisdiction over him. Under the circumstances of thi...
Views: 0
Opinion Introduction The City of Chico and its chief of police, U. F. Bullerjahn, challenge a judgment that Chico police officer Terry Moore engaged in speech protected under the First Amendment when he wrote an article in “The Centurion!” newsletter which characterized police department management personnel as the chief’s “lackeys.” “The Centurion!” is a publication “Expressing the Thoughts ...
Views: 0
Opinion —Appellant Adrienne Di Donato appeals from a judgment in favor of respondent Steven H. Santini, her former husband, in her action seeking damages for respondent’s alleged refusal to share the profits of joint business ventures and to accord appellant full title to a single-family residence. Appellant also appeals, as does Joshua Di Donato (her son from a prior relationship), from ...
Views: 2
232 Cal. App. 3d 708 (1991) 283 Cal. Rptr. 764 INA RUTH PERKINS, Plaintiff and Appellant, v. TIMOTHY HOWARD, Defendant and Respondent. Docket No. A049833. Court of Appeals of California, First District, Division Four. July 22, 1991. *711 COUNSEL Kurahara & Morrissey, Michael T. Morrissey and Joseph R. Kafka for Plaintiff and Appellant. LaFollette, Johnson, DeHaas & Fesler, John L. Supple ...
Views: 0
232 Cal. App. 3d 776 (1991) 283 Cal. Rptr. 546 DEPARTMENT OF HEALTH SERVICES, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; TORRANCE MEMORIAL HOSPITAL, Real Party in Interest. Docket No. B056132. Court of Appeals of California, Second District, Division Three. July 23, 1991. *777 COUNSEL Daniel E. Lungren, Attorney General, Charlton G. Holland, Assistant Attorney General, J...
Views: 0
Opinion —Petitioners Laurence Powell, Theodore J. Briseno, Stacey C. Koon, and Timothy E. Wind (collectively defendants) are police officers charged with specific charges of assault by force likely to produce great bodily injury and with a deadly weapon (Pen. Code, §§ 245, subd. (a)(1), 12022, subd. (a)(2), 1192.7, subd. (c)(8), 1203, subd. (e)(3)); 1 and an officer unnecessarily assaulting o...
Views: 2
232 Cal. App. 3d 916 (1991) 283 Cal. Rptr. 815 J.L. THOMAS, INC., et al., Plaintiffs and Appellants, v. COUNTY OF LOS ANGELES et al., Defendants and Respondents. Docket No. B052176. Court of Appeals of California, Second District, Division Seven. July 25, 1991. *919 COUNSEL Joshua Kaplan for Plaintiffs and Appellants. De Witt W. Clinton, County Counsel, Charles J. Moore and Richard D. Weiss, Depu...
Views: 0
Opinion —Plaintiff/respondent Union Bank secured a summary judgment against defendants/appellants John B. Anderson, Yolo Petroleum, Henry H. Stone, and H. H. Stone & Sons. 1 Defendants filed timely appeals. On October 20, 1988, Union filed its first amended complaint for foreclosure of deeds of trust. The first cause of action alleged that Anderson and Stone defaulted on a...
Views: 0
Opinion —After a contested hearing, the juvenile court found true allegations that Charles C., age 17, committed rape in concert (Pen. Code, §§ 264.1, 261, subd. (2)), lewd and lascivious conduct (Pen. Code, § 288, subd. (a)) and unlawful intercourse (Pen. Code, § 261.5). The court found he came within the provisions of the Welfare and Institutions Code 1 section 602 and committed him to the ...
Views: 0
232 Cal. App. 3d 816 (1991) 283 Cal. Rptr. 551 LUNDEEN COATINGS CORPORATION, Plaintiff and Appellant, v. DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES, Defendant and Respondent. Docket No. B051503. Court of Appeals of California, Second District, Division Five. July 23, 1991. *822 COUNSEL Ralph E. Wiggen for Plaintiff and Appellant. James K. Hahn, City Attorney, Edward C. Farrell, Assi...
Views: 0
Opinion —The Insurance Commissioner of the State of California (hereinafter the commissioner) appeals from a judgment of the *907 superior court declaring that certain provisions of Proposition 103, an initiative measure entitled the Insurance Rate Reduction and Reform Act, apply to automobile insurance policies issued under the California Automobile Assigned Risk Plan (hereinafter CAARP). (I...
Views: 0
Opinion —Thomas and Dorothea M., parents of Amy and Michael M., appeal orders adjudicating their children dependents of the juvenile court. They argue on appeal that insufficient efforts were made to prevent the need to remove the children from their home; that insufficient evidence supports juvenile court jurisdiction and out-of-home placement; that Amy was not competent to testify; and that they...
Views: 0
Opinion —In this case we hold that Government Code section 6259, subdivision (d), mandates an award of court costs and reasonable attorney fees to a plaintiff who prevails in litigation filed under the California Public Records Act. We further hold that the plaintiff has prevailed within the meaning of the statute when he or she files an action which results in defendant releasing a copy of a p...
Views: 0
Opinion —By the refiling of a mandate petition, which was summarily denied by this court upon its initial filing, a felony defendant asks this court to reconsider his challenge to the denial of his speedy trial motion. Because this court viewed defendant’s first petition to be totally without merit, and viewed the refiling of the petition with one additional exhibit to *807 ...
Views: 0
Opinion —This in an appeal from an order setting apart a probate homestead pursuant to Probate Code section 6520.1 For reasons we shall explain, we reverse the order. *964Leonard Liccardo, an attorney, died on July 16, 1988, leaving his wife, Kathleen, who was eight months pregnant, and their two minor children. Liccardo also had four children from a previous marriage, all of whom were adults. On ...
Views: 0
Opinion —Robert Waldsmith, Sr., his son, and Coast Federal Savings and Loan Association, 1 the holder of the first trust deed and mortgage on Waldsmith’s building, appeal an adverse judgment, denying coverage under Waldsmith’s all-risk policy with State Farm Fire & Casualty Company. *695 I In December 1983, Waldsmith purchased rental dwelling insurance from S...
Views: 0
Opinion —In this tax refund action arising under the Motor Vehicle Fuel License Tax Law (Rev. & Tax. Code, § 7301 et seq.), the State Board of Equalization (Board) appeals from a judgment in favor of the taxpayer, Al-Sal Oil Company, Inc. (Al-Sal). The issue is whether Al-Sal was required to pay an excess gallonage tax—applicable to licensed distributors —on its retail sales of straight ...
Views: 0
*933 Opinion —Danny Calderon, Jr., became involved in a quarrel with Hiep Bui and another man near the handball courts at Memorial Park in Santa Ana. Calderon retrieved a shotgun from his car and shot at Bui four times. He missed Bui, but hit seven-year-old Felix Angel, who was playing five feet away. Angel suffered a broken arm and a skull fracture. Although he denied it, Calder...
Views: 1
*1051 Opinion —Defendant California State Board of Equalization (Board) appeals from the judgment for plaintiff Transamerica Occidental Life Insurance Company (TOLIC) entered after the trial court overruled the Board’s demurrer and granted TOLIC’s summary adjudication of issues motion. The sole issue on appeal is which of two tax rates in Revenue and Taxation Code section 12202 a...
Views: 1
Opinion —In consolidated appeals, the Church of Scientology of California (the Church) and Mary Sue Hubbard (hereafter collectively plaintiffs) appeal from an order after appealable judgment unsealing the file in Church of Scientology of California v. Gerald Armstrong (No. B038975), and from the judgment entered in the case (No. B025920). We vacate the order and affi...
Views: 0
Opinion — Appellant Luna Records Corporation, Inc., appeals from an order of the Sonoma County Superior Court sustaining without leave to amend the demurrer of respondents Carlos E. J. Alvarado, California Broadcasting System, Marta Moreno Figueroa and Difusora del Valle, and granting respondents’ motion to strike the complaint because it was barred by the statute of limitations. 1...
Views: 2
Opinion —Elizabeth Seykora, a Los Angeles County Deputy Public Defender, challenges an order of the respondent court imposing sanctions against her in the amount of $250, pursuant to Code of Civil Procedure section 177.5.1 *1078Facts and Procedural History On December 12, 1990, Seykora was the public defender’s calendar deputy assigned to Department 118, the courtroom presided over by Judge Regina...
Views: 0
Opinion —In this case we decide that failure of a plaintiff to make a return of summons or other proof of service within three years and sixty days after filing a complaint does not mandate dismissal of the action if the defendant made a general appearance within that time period. (Code Civ. Proc., §§ 583.210, subd. (b), 583.220, 583.250.) 1 Procedural Background On Augu...
Views: 0
*1297 Opinion —Golden West Baseball Company, operator of the California Angels baseball club, appeals after the trial court granted summary judgment in favor of defendant William O. Talley, former city manager of the City of Anaheim (the City). Golden West sued Talley for fraud, but as damages alleged only attorneys’ fees incurred in a prior action against the City. We find Golde...
Views: 0
*1278 Opinion —In this our third visit to the subject of this controversy, 1 minor plaintiff Jacob Schneider represented by his mother and guardian ad litem Marcia Schneider appeals from a summary judgment entered in favor of defendant Sacramento law firm Friedman, Collard, Poswall & Virga (Friedman Collard). In 1987, Friedman Collard through partner Morton Friedman re...
Views: 0
232 Cal.App.3d 1362 (1991) 284 Cal. Rptr. 62 MARGARET HAWORTH et al., Plaintiffs and Appellants, v. BENJAMIN LIRA et al., Defendants and Respondents. Docket No. B045630. Court of Appeals of California, Second District, Division Five. July 31, 1991. *1364 COUNSEL Hogan, Baynes & Haworth, Greason Haworth and Maral Injeyan for Plaintiffs and Appellants. Cassidy, Warner, Brown, Combs & Thurbe...
Views: 0
232 Cal.App.3d 1239 (1991) 284 Cal. Rptr. 18 Adoption of MATTHEW B., a Minor. NANCY B., Plaintiff and Appellant, v. CHARLOTTE M., Defendant and Respondent. TIMOTHY M., Plaintiff and Respondent, v. NANCY B., Defendant and Appellant. Docket Nos. A044280, A045711. Court of Appeals of California, First District, Division Three. July 30, 1991. *1250 COUNSEL Rita L. Swenor, under appointment by the Cou...
Views: 1
Opinion —In this case we hold that the 10-year time limit Code of Civil Procedure section 337.15 places on suits for latent defects in improvements to real property commences when the defendant’s work on the improvement is substantially completed, rather than when the improvement itself is substantially completed. The trial court here granted the motion of respondent, The Rust Engineering...
Views: 0
Opinion I. Introduction This appeal by Manuel Glenn Abascal challenges an allocation of attorney fees upon settlement of class action litigation arising from the assessment of various checking account fees by Wells Fargo Bank, N. A., and Crocker National Bank. We previously affirmed a judgment approving the settlement in Rebney v. Wells Fargo Bank (1990) 220 Cal...
Views: 0
Opinion —Wallace J. Brown appeals from a judgment of dismissal following the sustaining of a demurrer without leave to amend. Appellant alleged in his complaint that he went to a 7-Eleven store to purchase two California Lottery tickets. The store clerk informed him that the terminal was not functioning properly and that only tickets with terminal-generated number selections could be...
Views: 0
Opinion —Carlos Rivadeneira appeals from judgment entered following his negotiated plea of guilty to residential burglary, with court findings of five prior serious felony convictions. (Pen. Code, §§ 459, 667, subd. (a).) Appellant contends: “I. The enhancements as to the priors occurring before 1986 must be stricken as a matter of law. II. The trial court erred in failing to state reasons for imp...
Views: 0
Opinion I. Introduction Plaintiffs appeal from (1) an order of the Santa Clara Superior Court denying their motion to vacate dismissal with prejudice of their action against defendant, and (2) a subsequent judgment of the Santa Cruz Superior Court in favor of defendant based on the dismissal. Plaintiffs contend that their attorney’s dismissal of the action with prejudice was without their aut...
Views: 1
Opinion —Appellants appeal an injunction which limits their access to patients of Dr. Edward Allred, owner and operator of Family Planning Associates Medical Group (FPAM). In particular, they object to the court’s restraining their entry onto the private parking lot of the professional center in which FPAM is located. I Appellants have picketed FPAM for several years, but, until...
Views: 1
Opinion —This is a fight between two insurance companies over who should pay for the tragic results of an auto accident involving a water truck *1323 in January 1987. The matter boils down to the applicability of the auto exclusion in one insurer’s policy. The appeal requires us to decide whether a water truck equipped with permanently attached spraying equipment comes within...
Views: 2
232 Cal. App. 3d 1422 (1991) 284 Cal. Rptr. 70 J. ANDREW LUBIN et al., Petitioners, v. PETE WILSON, as Governor, etc., et al., Respondents; MATTHEW K. FONG, Real Party in Interest. Docket No. D014315. Court of Appeals of California, Fourth District, Division One. August 1, 1991. *1425 COUNSEL Merrick Scott Rayle for Petitioners. Daniel E. Lungren, Attorney General, N. Eugene Hill, Assistant Attor...
Views: 0
Opinion —William and Phyllis Czapar each appeal from the judgment in this marital dissolution. Phyllis contends the trial court erred in deducting the value of a future covenant not to compete from the value of the family business awarded to William. William contends the trial court erred in reclassifying certain amounts paid to Phyllis during separation as spousal support, finding he had waste...
Views: 0
Opinion —The parents and brothers of Meghan K. Fife appeal a summary judgment granted to Jennifer Astenius. The Fifes are seeking recovery for the alleged negligent infliction of emotional distress (hereafter NIED) caused when they heard a car crash and went to the street to discover Meghan had been injured. The Supreme Court’s guidelines for recovery in Thing v. La Chusa (1989) 48 Cal.3d...
Views: 0
232 Cal. App. 3d 1432 (1991) 284 Cal. Rptr. 154 EMMA CASTRO et al., Plaintiffs and Appellants, v. LOS ANGELES COUNTY BOARD OF SUPERVISORS et al., Defendants and Respondents. Docket No. B053611. Court of Appeals of California, Second District, Division Three. August 2, 1991. *1433 COUNSEL Litt & Stormer, Dan Stormer and Virginia Keeny for Plaintiffs and Appellants. *1434 Nossaman, Guthner, Kno...
Views: 0
232 Cal.App.3d 1410 (1991) 284 Cal. Rptr. 106 BRIAN B. CHARLES, Plaintiff and Appellant, v. BOARD OF ADMINISTRATION, PUBLIC EMPLOYEES' RETIREMENT SYSTEM et al., Defendants and Respondents. Docket No. G009842. Court of Appeals of California, Fourth District, Division Three. July 22, 1991. *1411 COUNSEL Seth J. Kelsey for Plaintiff and Appellant. Edward J. Cooper, City Attorney, Richard E. Lay, Ass...
Views: 0
Opinion —Servando M., Sr., (Servando, Sr.) appeals from orders entered after a permanency planning hearing under Welfare and Institutions Code section 366.25 1 and a dispositional hearing under section 300. The orders concern his children, Servando, Jr., (born Sept. 9, 1981), Eric (born Aug. 22, 1982), Elizabeth (born Dec. 7, 1983), Daniel (born Oct. 11, 1985), Margaret (born N...
Views: 0
Opinion —David O. (father) has appealed from an order terminating his parental rights as to Andrew V. (minor), following a trial of the consolidated matters of father’s action to establish paternity and the department of public social services’ (DPSS) subsequent petition to terminate father’s parental rights. Facts Father and the minor’s mother lived together. When the minor’s mother told father s...
Views: 0
232 Cal.App.3d 1446 (1991) 284 Cal. Rptr. 171 FRIENDS OF LA VINA et al., Plaintiffs and Respondents, v. COUNTY OF LOS ANGELES, Defendant and Appellant; CANTWELL-ANDERSON, INC., et al., Real Parties in Interest and Appellants. Docket No. B053286. Court of Appeals of California, Second District, Division Two. August 5, 1991. *1449 COUNSEL De Witt W. Clinton, County Counsel, Charles J. Moore and Ric...
Views: 0
*1531 Opinion —Appellant challenges the validity of his out-of-state prior convictions which were used to enhance his sentence. Facts Appellant was charged with 15 offenses arising out of a series of armed robberies and assaults. The most serious charge was aggravated assault by an habitual offender (Pen. Code, § 667.7). 1 Appellant pled guilty to two counts of possession of a firearm b...
Views: 1
Opinion —“For every wrong there is a remedy.” (Civ. Code, § 3523.) Here the remedy is restitution: “. . . restoration of anything to its rightful owner; the act of making good or giving equivalent for any loss, damage, or injury . . . .” (Black’s Law Diet. (5th ed. 1979) p. 1180, col. 2.) Gardiner Solder Company (Gardiner) appeals from the judgment in favor of respondents, SupAlloy ...
Views: 0
232 Cal.App.3d 1571 (1991) 284 Cal. Rptr. 211 THE PEOPLE, Plaintiff and Respondent, v. JOSE D. GUTIERREZ, Defendant and Appellant. Docket No. A051889. Court of Appeals of California, First District, Division Five. August 7, 1991. *1572 COUNSEL James B. Laflin, under appointment by the Court of Appeal, for Defendant and Appellant. Daniel E. Lungren, Attorney General, George Williamson, Chief Assis...
Views: 1
232 Cal.App.3d 1518 (1991) 284 Cal. Rptr. 201 In re the Marriage of CAROLE and GEORGE KILBOURNE. CAROLE M. KILBOURNE, Respondent, v. GEORGE W. KILBOURNE, Appellant. Docket No. A044736. Court of Appeals of California, First District, Division One. August 6, 1991. *1520 COUNSEL Frank R. Frisch for Appellant. William F. Urich for Respondent. [Opinion certified for partial publication.[†]] OPINION DO...
Views: 0
Opinion Section 1714.10 of the Civil Code 1 requires an order of court as a condition precedent to suit against an attorney alleging a civil conspiracy with the attorney’s client. We hold that this requirement is not jurisdictional and that, absent timely objection to a complaint filed without permission of court, the protection conferred by section 1714.10 is waived. Fact...
Views: 2
Opinion Introduction Defendant and appellant Mohammed Iqbal Noor (Noor) appeals the judgment entered following a jury verdict in the amount of $90,000 in favor of plaintiffs and respondents Donald L. Vaughn and Betty Vaughn (the Vaughns) for wrongful death of their son. Noor contends the trial court committed prejudicial error when it failed to give the jury a “start anew” instructio...
Views: 0
*1594 Opinion —Penal Code 1 section 290 requires registration of persons convicted of various sex offenses, including assault with intent to commit rape or sodomy under section 220. The statute does not expressly require registration upon conviction of assault with intent to commit oral copulation, another crime listed in section 220, but does so for conviction of felo...
Views: 0
Opinion —In this case we hold that individual members of a homeowners association in a planned residential development have no standing to maintain an action against insurance companies on policies purchased by and issued to the homeowners association managing the development and under which plaintiffs are not insureds. We therefore affirm summary judgment in favor of defendants United Pa...
Views: 0
233 Cal.App.3d 103 (1991) 284 Cal. Rptr. 367 PETERSON DEVELOPMENT COMPANY, INC., et al., Plaintiffs and Appellants, v. TORREY PINES BANK et al., Defendants and Respondents. Docket Nos. D012843, D013435. Court of Appeals of California, Fourth District, Division One. August 9, 1991. *107 COUNSEL Thor O. Emblem and Tracy L. Emblem for Plaintiffs and Appellants. Brobeck, Phleger & Harrison, Willi...
Views: 1
*887 Opinion —In this personal injury action stemming from a shooting incident at Cal Expo, plaintiff Dion Turner appeals a judgment of dismissal entered after the trial court granted summary judgment to all defendants. Plaintiff contends summary judgment was improper because defendants failed to negate all claims stated in the complaint and the court erred in precluding a claim ...
Views: 1
Opinion This is an appeal by defendant Alcove Investment, Inc. (Alcove), from an order staying arbitration of plaintiff’s claims against Alcove during the pendency of this litigation. We affirm. Facts and Proceedings Below The following facts are taken from the record on the motion to stay arbitration including the verified first amended complaint and deposition of plaintiff, Ro...
Views: 1
Opinion The issue in this case is whether an unrecorded will can sever a joint tenancy. We hold it cannot. Background On August 12, 1969, Vonda B. England (Vonda) and her husband James H. England (James) became joint tenants of real property located at 600-602 North Parkman Avenue in Los Angeles (the property). James died on August 26, 1989, leaving behind the following handwritten will: ...
Views: 2
Opinion —George Horeczko (appellant) appeals from a judgment of the superior court which denied his petition for a writ of administrative mandamus directing the State Board of Registration for Professional Engineers and Land Surveyors (the Board) to approve his application for permission to use the title “geotechnical (soils) engineer.” We have examined the statutory scheme under which his appl...
Views: 0
Opinion Plaintiffs Hiroko Sugimoto et al. and Doreen Schoenberg et al. appeal the orders dismissing without prejudice their actions against defendants Exportadora de Sal, S.A. de C.V. (Exportadora) et al. following the removal of the actions to federal court. 1 We reverse. Factual and Procedural Background On September 30, 1987, a Cessna aircraft enroute to Tiajuana f...
Views: 0
Opinion In the published portion of this opinion we conclude that a defendant in a criminal proceeding, who becomes indigent after retaining defense counsel, is not necessarily denied effective representation by reason of a trial court decision not to accord appointed status to his counsel in order to assure that the attorney is paid. We do this in the context of attorneys who are willing...
Views: 1
Opinion Michele Cox appeals from a summary judgment and judgment of dismissal granted in favor of the municipal court, North County Judicial District (District), on her first amended complaint for damages arising from her alleged wrongful termination from employment with District as a deputy clerk. 1 Although her amended complaint alleged four causes of action, her appellate reply brief clari...
Views: 1
*154 Opinion Defendant was charged as follows: counts I and II—inflicting corporal injury on his spouse (Pen. Code, § 273.5, subd. (a)) 1 and count III—assault with a deadly weapon (§ 245, subd. (a)(1)). On August 8, 1989, the court allowed the People to amend the information to allege defendant personally used a firearm in the commission of count III (§ 12022.5). On that same date, the c...
Views: 0
Opinion —The chief questions presented by this appeal are whether plaintiff, a publicly employed social worker, stated facts sufficient to constitute a cause of action in her complaint based upon an allegedly defamatory letter written by defendant to plaintiff’s supervisor and whether plaintiff is a “public official” within the meaning of New York Times Co. v. Sullivan ...
Views: 0
232 Cal.App.3d 1643 (1991) 284 Cal. Rptr. 241 THE PEOPLE, Plaintiff and Respondent, v. TONY MARCUS WILLIAMS, Defendant and Appellant. Docket No. A048434. Court of Appeals of California, First District, Division Two. August 8, 1991. *1645 COUNSEL Joann M. Cook, under appointment by the Court of Appeal, for Defendant and Appellant. Daniel E. Lungren, Attorney General, and Christopher W. Grove, Depu...
Views: 1
Opinion —Appellant Daniel Guiterrez appeals following jury trial where he was convicted on five counts of violating Penal Code sections 261, subdivision (2), and 264.1 (rape by force while acting in concert with others). He asserts the court erred (1) by refusing to instruct on the offense of battery; (2) by denying his motion for judgment of acquittal and for a new trial based on the insuffici...
Views: 2
Opinion Appellant Ramon Vega Limones was charged with (I) possession or purchase of cocaine for sale, in violation of Health and Safety Code section 11351, (II) driving an unregistered motor vehicle in violation of former Vehicle Code section 4000, subdivision (a), and (III) failure to provide proof of financial responsibility for the vehicle in violation of former Vehicle Code section 16028, s...
Views: 0
Opinion This appeal raises questions concerning the validity of a conditional use permit and negative declaration of environmental impact issued in connection with a religious organization’s application to convert a single-family residence into a neighborhood synagogue with associated uses. The appeal is taken by real party Chabad of North Bay, Inc. (Chabad), from a judgment granting a wr...
Views: 0
Opinion Appellant Commissioner of Insurance of the State of California (Commissioner) appeals from a judgment granting respondent National Indemnity Company (National) a peremptory writ of mandamus. The issue is whether Insurance Code section 1861.03, subdivision (c)(1), 1 which restricts an insurer’s right to cancel and to refuse to renew “automobile insurance,” applies to commercial motor v...
Views: 2
Opinion In this appeal, we are asked to determine whether a deed executed in 1895 by appellants’ ancestor in favor of respondent’s predecessor in interest constitutes a grant of land in fee simple or merely the conveyance of an easement for the operation of a railroad. If the conveyance *179 was of an easement only, we are also asked to determine whether respondent acquired f...
Views: 0
*235 Opinion Gary Neal Johnson appeals a judgment of conviction entered after severed trials on charges of murder and kidnapping, with allegations of firearm use, prior convictions, and special circumstances. In the first trial, the jury found defendant guilty of the second degree murder of Adrianne Gilliam, who disappeared in June 1979. In the second trial, concerning ...
Views: 3
Opinion After a jury convicted defendant of writing checks with insufficient funds (Pen. Code, § 476a, subd. (a)), the trial court suspended *218imposition of sentence and granted her probation. Among the terms of defendant’s probation were a reporting requirement, payment of restitution and a prohibition against defendant maintaining a checking account. A petition for revocation of probation was ...
Views: 0
Opinion The petition for writ of mandate, filed on February 5, 1991; the opposition, filed May 10, 1991; the supplemental memorandum of points and authorities in support of petition, filed May 10, 1991; response to the supplemental memorandum of points and authorities, filed May 30, 1991; the request to dissolve stay or, in the alternative, petition for writ of *271 habeas co...
Views: 1
Opinion Appelant Cottrell Antoine Williams appeals from the judgment convicting him of sale of a controlled substance to a minor (Health & Saf. Code, § 11353), 1 furnishing a controlled substance (§ 11352), and possession of cocaine base for sale (§ 11351.5). Appellant contends that the trial court committed reversible error in (1) failing to give a special instruction regardin...
Views: 3
Opinion Plaintiffs Thomas E. Rose and Beverly J. Todd appeal from a judgment dismissing their action against defendants Daniel Robert Scott and Novella Simonson for failure to bring the action to trial within the time prescribed by law. (Code Civ. Proc., § 583.360.) 1 Based on the enactment of section 583.340 and the Law Revision Commission comment thereto we reverse the judgment. Procedura...
Views: 0
*371 Opinion Kent Arthur Blackman appeals a summary judgment granted in favor of Great American First Savings Bank (Great American), stating it was not vicariously liable for injuries Blackman incurred when he was involved in a collision with Sue Petersen-Parker (Petersen), a Great American employee. At the time of the collision, Petersen was leaving the Great American parking lo...
Views: 0
Opinion Appellant American Bankers Insurance Company of Florida (American) was the surety on a bail bond. When the defendant failed to appear in court, the bail was forfeited. The defendant later reappeared in court but American took no steps seeking relief from the forfeiture within the statutory period. Summary judgment of forfeiture was then entered, and American moved to set the judgm...
Views: 1
Opinion Appellant and defendant Arthur Newman appeals from his conviction following a jury trial of submitting a false or fraudulent claim for payment of a loss (Ins. Code, § 556, subd. (a)(1))1 and preparing, making, or subscribing a writing in support of a false or fraudulent claim for payment of a loss (Ins. Code, § 556, subd. (a)(4)).2 Appellant contends that there was insufficient evidence to...
Views: 0
*379 Opinion Appellant Elizabeth Getz appeals from a judgment denying her petition for a writ of mandate (Code Civ. Proc., § 1094.5) reviewing an administrative rent control decision of respondent rent stabilization department of respondent City of West Hollywood. Under “vacancy decontrol” provisions of respondents’ rent control ordinance and regulations, appellant, a landlo...
Views: 1
Opinion Burbank-Glendale-Pasadena Airport Authority (Authority) appeals from judgment (1) granting Robert R. Hensler’s motion for peremptory writ of mandate for violation of the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq., hereinafter CEQA) asserted in connection with Hensler’s cross-complaint for writ of mandate for violations of CEQA, in Authority’s action...
Views: 1
*392 Opinion In this case of first impression, we decide Probate Code section 6122, 1 California’s “revocation by divorce” statute, applies where the testator executes a will before marriage naming as beneficiary a person whom he or she later marries and divorces. We also conclude the trial court properly struck evidence of the decedent’s intent regarding disposition o...
Views: 0
Opinion This appeal requires interpretation of Insurance Code1 section 11580.9, subdivision (c), which generally provides that when a loss arises in connection with the loading or unloading of a vehicle, and there are two or more policies of insurance “applicable to the same loss,” the insurance policy which covers the premises is presumed to be the primary policy, and the vehicle insurance polic...
Views: 0
Concurring and Dissenting.— I respectfully dissent from that portion of the majority opinion that reverses and dismisses defendant’s conviction for felony false imprisonment. I concur in the remainder of the opinion. *1122Defendant’s contention that he may not be convicted of false imprisonment because it is a necessarily included offense of kidnapping and the Attorney General’s concession in that...
Views: 1
Opinion On March 27, 1990, a petition was filed alleging that minor Jason J. came within the provisions of Welfare and Institutions Code section 602. 1 The petition charged minor with robbery (Pen. Code, § 211), with a special allegation that a principal was armed with a firearm in the commission of the offense (Pen. Code, § 12022, subd. (a)). Minor admitted the robbery, and on the People’s m...
Views: 2
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 672 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 673 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY...
Views: 0
Opinion Plaintiff and appellant Merced County Mutual Fire Insurance Company (Merced Mutual) appeals from a judgment of dismissal entered after sustaining without leave to amend defendant and respondent State of California’s (State) demurrer to the first amended complaint. The State demurred to the original complaint on the grounds it failed to include an indispensable party and faile...
Views: 1
Opinion Petitioner requests that we issue a peremptory writ of mandate, under Code of Civil Procedure section 400, directing respondent court to set aside and vacate its order transferring the instant action to San *478 Diego County. We conclude that where venue is proper at the residence of a properly joined defendant, a trial court order changing venue to a county which has...
Views: 1
Opinion Plaintiff California Aviation, Inc. (CAI) appeals from the judgment dismissing its case entered following the trial court’s grant of defendant Arthur Leeds’s (Leeds) summary judgment motion. CAI filed a chapter 11 bankruptcy petition, and later sued Leeds, an attorney, for malpractice allegedly arising from his representation of CAI in an earlier case. Leeds successfully argued th...
Views: 0
Opinion Xerox Corporation appeals the trial court’s order granting attorney’s fees to respondents Thomas E. and Mary Beth Kavanaugh. We conclude that Xerox was not a passive beneficiary of the litigation and therefore the award of attorney’s fees pursuant to Labor Code section 3856 1 was improper. The judgment is reversed. Facts and Procedural Background On May 23, 19...
Views: 1
Opinion Defendant and appellant Raekubian Alexander Barrow (appellant) was charged with robbery (Pen. Code, § 211). The information also alleged that appellant had one serious prior felony conviction within the meaning of Penal Code section 667 and one prison prior felony conviction within the meaning of Penal Code section 667.5, subdivision (b). A jury found him guilty of second degree r...
Views: 0
Opinion Appellant Robert Byrd appeals after being convicted on one count of grand theft (Pen. Code, § 487, subd. 1), five counts of willfully passing insufficient fund checks (Pen. Code, § 476a, subd. (a)), and one count of petty theft (Pen. Code, § 484, subd. (a)). We affirm and remand for sentencing. Introduction Appellant’s convictions arose from his actions between August 2, 1987, and August 2...
Views: 0
Opinion Defendant Mario Steven Howington was charged by information of one count of sale of “A Controlled Substance, to Wit: Rock Cocaine, in Violation of Health and Safety Code Section 11352, A FELONY.” 1 The jury returned a verdict finding defendant “guilty of Felony, to wit: Sell Narcotic Controlled Substance, in violation of Section 11352 of the Health and Safety Code, as charged in the f...
Views: 0
Opinion On April 17, 1990, a complaint (No. 4345-90) was filed in the Borden Judicial District of Madera County charging defendant with burglary in violation of Penal Code section 459. 1 On May 2, 1990, defendant was sentenced to 16 months in state prison in an unrelated case (Super. Ct. No. 8834). *591 On October 10, 1990, defendant entered a conditional plea of guilty to violation of ...
Views: 3
233 Cal.App.3d 699 (1991) 284 Cal. Rptr. 555 M.B., Plaintiff and Appellant, v. CITY OF SAN DIEGO, Defendant and Respondent. Docket No. D012036. Court of Appeals of California, Fourth District, Division One. July 30, 1991. *702 COUNSEL Liebman, Reiner & McNeil and Joseph R. Zamora for Plaintiff and Appellant. John W. Witt, City Attorney, Eugene P. Gordon, Chief Deputy City Attorney, and Penny ...
Views: 1
Opinion In this case, we hold that a judgment debtor’s interest in a partnership (meaning the right to share in the profits and surplus) may be foreclosed upon and sold, even though other partners do not consent to the sale, provided the foreclosure does not unduly interfere with the partnership business. Judgment debtor John B. Anderson (Anderson) appeals from the trial court’s orde...
Views: 0
Opinion In this case we consider the authority of the California State Personnel Board (Board) to receive postdismissal evidence of rehabilitation in mitigation of the discipline imposed by the appointing power. We hold that the Board has the authority to receive such evidence and in appropriate cases to reduce the discipline in light of this mitigating evidence. The Department of Pa...
Views: 1
Opinion In this case we must determine if the parties agreed to arbitrate a dispute involving the firing of a deputy public defender who is covered by a memorandum of understanding between his union and the county. We conclude that as an “at-will” employee his dismissal is not arbitrable. Plaintiff, the California Teamsters Public, Professional and Medical Employees Union, Local 911A (the Union),...
Views: 0
Opinion In our initial opinion in this case we affirmed an order granting summary judgment in favor of the defendants, an employment agency and the owner of the agency. The Supreme Court granted plaintiff Malcolm Carmichael's petition for review and the Supreme Court then transferred review to this court with directions to vacate our prior decision and reconsider the cause in light of Rojo v....
Views: 2
Opinion Plaintiffs, individual insurance agents and brokers and their trade associations, appeal from a judgment denying the relief sought in a petition for writ of mandate and complaint for declaratory relief. This appeal concerns a provision of Proposition 103, an initiative measure adopted at the November 8, 1988, General Election. The trial court held the provision, which expressly re...
Views: 1
Opinion This petition challenges an order enjoining petitioner from using in any way the sum of $125,000 held in any bank account. We conclude that the court exceeded its authority. Petitioner Thaddeus C. Doyka borrowed $125,000 from the Lord Trust through its trustee John A. Lord, upon a promise to secure the loan with a second deed of trust on property at 2572-2588 Pine Street in San Franci...
Views: 0
*597 Opinion We hold that a knife with a handle designed to fit in the palm of the hand, with a two- and one-fourth-inch blade protruding between the middle fingers, is a “dirk or dagger” within the meaning of Penal Code section 12020, subdivision (a) (hereafter section 12020(a)). We disagree with In re Conrad V. (1986) 176 Cal.App.3d 775 [222 Cal.Rptr. 552], which hel...
Views: 0
*638 Opinion Petitioners/appellants Howard Mann, Eugene Rosenfeld, and the Andrex Group (collectively as appellants) appeal from the judgment denying their petition for a writ of mandate. (Code Civ. Proc., § 1085.) Appellants had petitioned to require respondents the Community Redevelopment Agency of the City of Hawthorne (Agency) and the City of Hawthorne (City) to set aside their certificat...
Views: 0
Opinion Defendant Moises Aceves (Aceves) appeals from the summary judgment entered in favor of the Aetna Casualty & Surety Company (Aetna) in Aetna’s action for declaratory relief. The judgment established that Aetna had no duty to defend or indemnify Aceves’s employer with respect to injuries Aceves suffered in the course and scope of his employment. Aceves argues on appeal that (1) the ...
Views: 0
Opinion Defendant and appellant Robert C. is the father of minors Travis C. and Seth C., dependents of the Riverside County Juvenile Court. The boys were five and three years old, respectively, when the Riverside *285 County Department of Public Social Services (DPSS) filed a petition seeking the Riverside County Juvenile Court’s protection on their behalf, pursuant to Welfare and Institution...
Views: 0
Opinion Gilberto Sanchez Villada, Catalina Harvey, and Fabio Leon Gil, along with defendant Maria Otilia Villada, were charged in a criminal information with conspiracy to sell or transport cocaine and conspiracy to possess cocaine for sale. (Pen. Code, § 182, subd. (a)(1); Health & Saf. Code, §§ 11352 and 11351). The information charged one or more of the defendants with 27 overt acts in...
Views: 0
Opinion Ruben Felix Preciado has, it appears, selected a career. He was found guilty of first degree burglary with four similar prior convictions and sentenced to twenty-four years in prison. Defendant claims insufficient evidence supports the conviction or, failing that argument, it must be reduced to the second degree because the jury failed to specify the degree of the burglary. We think not.1 ...
Views: 0
Opinion Statement of the Case Plaintiff Lawrence Demkowski filed an action against defendant Soon Keun Lee for personal injuries he suffered when her car collided with his. Demkowski’s employer, the City of San Jose (City), filed a complaint in intervention against Lee to recover the workers’ compensation benefits it had paid Demkowski as a result of the accident. After a trial, ...
Views: 1
Opinion Frank V. appeals the judgment declaring him a ward of the court, contending the trial court improperly denied his motion to suppress *697evidence and restricted his right to association by imposing an overbroad condition of probation. We affirm. About 9:45 p.m., Officers Michael Luke and Gary Kirby were dispatched to investigate a report of reckless motorcycle driving on a street in an act...
Views: 0
Opinion The defendants, Charles and Marilyn Telfer, appeal from their respective convictions of various drug-related offenses. We affirm in part and reverse in part. Factual and Procedural Background While executing a search warrant at the defendants’ residence in Apple Valley on August 24, 1988, deputy sheriffs of the County of San Bernardino discovered approximately two pounds...
Views: 1
Opinion Defendant, Gregory Allen Ybarra, was convicted by jury of transportation of methamphetamine, possession of methamphetaminefor sale, possession of marijuana for sale and possession of psilocybin *792 mushrooms. The trial court sentenced him to the three-year middle term of imprisonment for the “transportation” conviction; the remaining counts were ordered stayed or imp...
Views: 0
*730 Opinion I Introduction Petitioner Coca-Cola Bottling Company of Los Angeles (Coca-Cola), one of the defendants in case No. BCV 3431, James E. Jones et al. v. County of San Bernardino et al., has petitioned us for a writ of mandate directing the superior court to vacate its order denying Coca-Cola’s motion for summary judgment and awarding sanctions against Coca-Col...
Views: 0
Opinion This is an appeal by T.R.E.E.S. (Timber Resources Environmental Education Service, an unincorporated association) from a judgment of dismissal entered after the superior court sustained, without leave to amend, demurrers by the California Department of Forestry and Fire Protection (department) and Louisiana-Pacific Corporation (L-P) to T.R.E.E.S.*s third amended petition for writ of man...
Views: 0
Opinion Penal Code section 1417.61 authorizes the destruction of any dangerous weapon used by a defendant in the commission of a crime or possessed by the defendant upon arrest. Unless interpreted otherwise, the section might bar a lawful owner from recovering a stolen gun. We agree with the Attorney General that the statute would offend due process if applied to bar a rightful owner from recoveri...
Views: 1
Opinion I Introduction Eduardo Gonzales appeals from a judgment entered on a jury verdict finding him guilty of possession of cocaine for sale (Health & Saf. Code, § 11351) and from his sentence to three years in state prison. His sole contention on appeal is his oral motion to suppress in the municipal court and his written motion in the superior court pursuant to Penal Co...
Views: 0
Opinion Statement of Case This case is a consolidated appeal and writ from an order of the Stanislaus County Juvenile Court setting a Welfare and Institutions Code section 366.26 hearing to determine whether parental rights should be terminated. Kahlen W., the minor daughter of Kathleen D. and Stephen W, is the subject of the controversy. Kahlen was removed from her parents’ care on July 1, 1989. ...
Views: 0
Opinion Deane Kay Scharles, an indigent conservatee represented by independent pro bono counsel, appeals an order denying her petition for rehearing of the reestablishment of her conservatorship and request for an independent medical examination at San Diego County (County) expense. She contends the court erred in denying her request for court-ordered funding to permit her to retain an in...
Views: 0
Opinion Defendant County of San Diego appeals a judgment after court trial favoring plaintiffs Elwyn Younker and Westfield Insurance Companies on their complaint to recover the amount paid in settlement of a claim against County employee Younker. We reverse the judgment. I Facts Elwyn Dean Younker was assistant fire chief of the Dehesa Volunteer Fire Department. Westfield was Younker’s pe...
Views: 0
Opinion This case involves a dispute between cities and a county over the lifeblood of local governments: revenue. As a general rule, counties must share with their cities the fines and forfeitures collected upon convictions in criminal cases. (Pen. Code § 1463; further statutory references are to the Penal Code unless otherwise specified.) An exception exists for fines collected by ...
Views: 1
*810 Opinion I. Introduction The central issues posed by this appeal are whether plaintiff Tahoe Regional Planning Agency (TRPA) may compel the removal of defendants’ off-premise billboard signs pursuant to its sign ordinance which allows a five-year preremoval amortization period to recoup costs or whether it is (1) statutorily compelled to pay compensation for their remova...
Views: 0
*785 Opinion Jose Morales Abarca was convicted of one count of residential burglary. He was sentenced to six years, to which ten years were added as the result of true findings on two charged prior serious felony convictions. We originally affirmed the conviction of residential burglary, but remanded for a hearing on the validity of the prior convictions and to reexamine the issue of custod...
Views: 2
Opinion This appeal is from summary judgment deciding title to a parcel of land in Concord in favor of the City of Concord (City) and against the Concord and Bay Point Land Company. (C&BPL). 1 We affirm. C&BPL was incorporated in California in 1910. In 1911 C&BPL, for a consideration of $10, conveyed interests in three parcels of land to the Oakland and Antioch Railway, wh...
Views: 0
Opinion Plaintiff has appealed from the order of April 20, 1989, granting defendant Anthony Van Diest’s motion to dismiss brought under sections 583.210 and 583.250 of the Code of Civil Procedure. The order of April 20, 1989, is a nonappealable order. The actual judgment of dismissal was ordered May 5, 1989, and so we shall deem the appeal to have been taken from the judgment. One of the grounds ...
Views: 3
Opinion The sole issue presented herein is whether the Workers’ Compensation Appeals Board (Board) properly dismissed the application of petitioner, Joseph Fortich (applicant), in the absence of prior service of a notice of intention to dismiss allowing at least 15 days to show good cause why the case should not be dismissed (Cal. Code Regs., tit. 8, ch. 4.5, § 10780 (regulation 10780)). As we ...
Views: 0
Opinion Statement of the Case Plaintiff Yolanda Saldana (Saldana) appeals from summary judgment granted in favor of defendant Globe-Weis Systems Co. (Globe-Weis) from a complaint alleging damages in personal injury and premises liability. In August 1985, Saldana was employed by Globe-Weis as a punch press operator when her hand caught in the punch press resulting in the surgical amputation of fou...
Views: 0
Opinion Mary G. (mother) appeals from a juvenile court order terminating its jurisdiction over her daughter, Sarah M., and awarding the father, Douglas M., custody. She raises numerous claims of error in her effort to *917restore the juvenile court’s jurisdiction. We will conclude that while there was error, it was not prejudicial. We hold in juvenile dependency proceedings in which the court has ...
Views: 0
Opinion I. Introduction Defendant Joan Glover appeals from a judgment of conviction for arson of an inhabited structure in violation of Penal Code section 451, subdivision (b). 1 On appeal, defendant contends that the evidence was insufficient to support her conviction of arson of an inhabited structure because defendant did not act with the requisite specific intent to set fire to an inhab...
Views: 2
*969 Opinion Michael Thomas Miller appeals following imposition of a sentence that denied him worktime credits (Pen. 1 Code, § 2933) while committed to, and before his exclusion from, the California Rehabilitation Center (CRC). Pursuant to a plea bargain, appellant pleaded guilty to possession of ephedrine and hydriodic acid with intent to manufacture methamphetam...
Views: 0
Opinion Plaintiff, Jerome B. Rosenthal, appeals from three orders of dismissal, entered after the sustaining without leave to amend of demurrers to his first amended complaint, which sought relief on account of allegedly wrongful conduct by defendants in connection with his disbarment proceedings. (See Rosenthal v. State Bar (1987) 43 Cal.3d 612 [238 Cal.Rptr. 377, 7...
Views: 0
229 Cal.App.3d 134 (1991) 279 Cal. Rptr. 901 In re MARCELLUS L., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. MARCELLUS L., Defendant and Appellant. Docket No. A048369. Court of Appeals of California, First District, Division Four. April 10, 1991. *137 COUNSEL Christopher E. Judge for Defendant and Appellant. Wilbur F. Littlefield, Public Defender, Lauren...
Views: 0
*Supp. 3Opinion Charged with a misdemeanor violation of Business and Professions Code section 4149, possession of a hypodermic syringe, and an infraction violation of Vehicle Code section 21804, subdivision (a), failure to yield to approaching traffic, appellant Tasha Anne Lusardi appeals from a denial by the Municipal Court of the County of San Luis Obispo of her motion to suppress certain incrim...
Views: 0
Opinion An information charged defendant Marlon Leon Johnson with burglary of an inhabited dwelling (Pen. Code, § 459) and alleged that Johnson had been convicted of a prior serious felony in Nevada (Pen. Code, § 667). Johnson initially pleaded guilty to the burglary and admitted the prior conviction. However, his conviction was reversed on appeal because the trial court, in taking the plea, ha...
Views: 1
*848 Opinion Defendant was charged with one count of discharging a firearm at an inhabited dwelling (Pen. Code, § 246), 1 with the added allegation that he had personally used a firearm within the meaning of section 1192.7, subdivision (c)(8), and one count of possession of a firearm by a felon (§ 12021). It was alleged that defendant had suffered one prior felony conv...
Views: 0
Opinion By nonjury trial plaintiff and respondent Charley Carter obtained a money judgment against defendant and appellant Continental Land Title Company, for wrongful reconveyance of a deed of trust. Civil Code section 2941.7 provides a procedure by which a borrower may obtain reconveyance of a trust deed, when the obligation secured by the trust deed has been paid and the lender ca...
Views: 0
Opinion Anthony J. Chromy, administrator of the Estate of Ronald Allan Chromy, appeals from a defense judgment after a jury rejected his maritime wrongful death and survivor claims based on the Death on the High Seas Act (46 U.S.C. § 761 et seq.; DOHSA). We vacate the judgment and order the action dismissed because the trial court had no subject matter jurisdiction to try either claim. We...
Views: 1
*977Opinion Zafar A. Rao (plaintiff) purports to appeal: From orders made July 27,1990, (1) granting the motion of Darius Campo (defendant) for a protective order with regard to about 200 interrogatories propounded by plaintiff, pursuant to Code of Civil Procedure1 section 2030, subdivision (e); and (2) imposing monetary sanctions in the sum of $780.50 against plaintiff pursuant to sections 2030,...
Views: 0
Opinion The respondents, Reverend Tad Imuta et al. (respondents), move to dismiss the appeal filed on April 25, 1991, by Richard I. Fine, Esq. (Fine), from 10 described orders of the trial court imposing monetary *990 sanctions which were made in 1989 and 1990. To the extent that such orders were appealable when imposed, respondents’ motion is well taken as the notice of appe...
Views: 0
*1006 Opinion Pursuant to a general assignment for the benefit of creditors, plaintiff Credit Managers’ Association of Southern California, now known as Credit Managers’ Association of California (CMA), was assigned the assets of an insolvent partnership, National Transaction Systems (NTS). In marshalling the assets of the partnership in order to distribute them equally to the un...
Views: 0
Opinion Plaintiff Trisha Denton sued Greenhouse Apartments and the City of Fullerton alleging she was raped because defendants failed to warn her of another nearby sexual assault that occurred shortly before she was attacked. The city moved for summary judgment arguing it owed plaintiff no legal duty and was immune from suit under Government Code section 845. The lower court granted the motion ...
Views: 0
*1066Opinion Appellants, a drug dealer and his bodyguard, were convicted of two counts of felony murder,1 after the robbery and execution-style slaying of another drug dealer and his girlfriend at the victims’ home. Appellants raise numerous issues on appeal: (1) They both contend the trial court erred in refusing instructions based upon a theory of conspiracy, even though they were charged with a...
Views: 0
Opinion Statement of the Case This is the second appeal from a summary judgment in plaintiff Paul S. Mosesian’s defamation action against defendants McClatchy Newspapers, Frank McCulloch, Denny Walsh, Jerry Bier and James McClung. 1 In Mosesian v. McClatchy Newspapers (1988) 205 Cal.App.3d 597 [252 Cal.Rptr. 586] (Mosesian I) this court add...
Views: 0
*1122 Opinion Introduction This appeal presents the question: do certain grant deeds made subject to “[a]ll reservations, conditions and restrictions of record” adequately incorporate by reference a previously recorded “Declaration of Covenants, Conditions and Restrictions” (CC&Rs) by which the grantors established a general plan for the development and use of a particular s...
Views: 0
Opinion Defendant was convicted in a jury trial of second degree robbery after he snatched a purse from a woman pedestrian on an Oakland street. In a trial by the court he was found to have two prior convictions. He was sentenced to prison for 13 years. On appeal, he makes two claims of error: (1) the trial court made improper comments to the jury and (2) the trial court improperly excluded an ite...
Views: 0
Opinion I. Introduction In this case we hold that a county may adopt an ordinance prohibiting discrimination against those who undergo health testing which discloses an infectious disease, for the public health purpose of encouraging citizens to be tested without fear of discrimination in order to learn of the presence of the disease and prevent its transmission, even though the stat...
Views: 0
Opinion We deal here with two petitions for extraordinary relief arising from two superior court actions, which were consolidated for all purposes. The petitions have also been filed with this court in consolidated form, and we treat them as consolidated for all purposes. The petitioners here and plaintiffs in the superior court are Anthony Alfred Ciani, an individual (Ciani), and th...
Views: 0
*632 Opinion An insurance company defendant in an action for bad faith failure to contribute to a settlement asks us to protect it from disclosing to its insured the defendant’s reinsurance agreements and related documents and communications. We conclude that the superior court abused its discretion in ordering disclosure. We need not fully explain the underlying action. In brief, Fireman’s...
Views: 0
Opinion Defendants and appellants Saul and Marian Barab, individually and as trustees of the Barab Family Trust, appeal from a judgment entered after a court trial in favor of plaintiff and respondent Loretta Nicholson for damages and specific performance of an agreement to purchase residential real property from defendants. Defendants contend that: (1) *1090 the evidence is insufficient to s...
Views: 0
Opinion Jane Evans appeals from a judgment of dismissal after the trial court sustained, without leave to amend, the demurrer of Dayton Hudson doing business as Target Stores, Inc., (Dayton Hudson) to the second amended complaint filed by her and her husband. The question presented is whether the spouse of an injured person who receives advance payments under Insurance Code 1 s...
Views: 0
Opinion Plaintiff, Bobby Hebert, appeals from judgment of dismissal entered following an order sustaining demurrer of defendants, Los Angeles Raiders, Ltd. (Raiders) and National Football League (NFL), to plaintiffs amended complaint without leave to amend. 1 Facts The amended complaint alleged: Defendant NFL is an unincorporated association comprised of 28 professional ...
Views: 0
*84 Opinion I. Introduction Medical Legal Consulting Services, Inc. (MLCS), a corporation headquartered in Maryland, appeals from that part of an order of the Los Angeles Superior Court refusing to enforce a Maryland judgment against a minor’s parents acting as guardians ad litem who resided in California. Because we are required by the full faith and credit clause of the Un...
Views: 1
Opinion This appeal from an order in a bail forfeiture proceeding raises two issues: (1) May a bail bond agent be held liable in a summary judgment of bail forfeiture under Penal Code section 1306? (2) May a summary judgment of bail forfeiture be amended more than 90 days after the day it could first be entered, in order to explicitly state that it is rendered against the surety as well a...
Views: 0
Opinion Defendant, who was charged with driving under the influence of alcohol (Veh. Code, § 23152), moved under Penal Code section 1538.5 to suppress evidence of his intoxication obtained after a police officer stopped his car for speeding. He contended that evidence of his speeding was derived from an illegal speed trap and was therefore inadmissible to establish probable cause for the stop. ...
Views: 0
*1042Opinion Introduction Kimberley Renee Matthews (plaintiff) has appealed from a judgment entered in favor of defendants County of San Bernardino (County) and County Service Area 70, Improvement Zone G (CSA70), a special road maintenance district1 (collectively defendants). Judgment was entered after defendants’ motions for summary judgment were granted. Facts Plaintiff, a minor, suffered serio...
Views: 0
Opinion One component of California’s antideficiency legislation bars a vendor from obtaining a deficiency judgment against a purchaser of real property under a deed of trust given to the vendor to secure payment of a purchase money interest for the property. (Code Civ. Proc., § 580b (hereafter section 580b).) Our Supreme Court has held that this provision automatically applies to sold-ou...
Views: 1
Opinion The Santa Monica Rent Control Board (Board) appeals after the superior court issued a writ of mandate sought by Judith and Baruch *96 Givoni. The writ of mandate was based on the court’s interpretation of the rent control law (Santa Monica City Charter, art. XVIII). The court mandated that the Board (1) vacate a base rent of $360 because the rental unit was converted to a condominium,...
Views: 0
Opinion Defendant Phyllis McKinney appeals a judgment in favor of plaintiff Steve Whittington following a court trial. Whittington alleged *125 McKinney wrongfully caused a notice of default and election to sell under a deed of trust to be recorded against his property. McKinney claimed she was the assigned holder of a note and trust deed against the property which was in def...
Views: 0
Opinion Statement of the Case Guadalupe A. was born to Rosa F., also known as Rosa V, on February 5, 1989. Guadalupe was detained and placed in foster care on February 24, *104 1989, when both Rosa and Guadalupe’s father, Irineo A., were incarcerated on narcotics charges. A Welfare and Institutions Code 1 section 300 petition was filed on February 28, 1989, alleging Guadalupe’s parents we...
Views: 2
Opinion Introduction Petitioner Gilbert R. Geilim, attorney at law, for his clients and himself, (Geilim) petitions for writ of mandate/prohibition to restrain and prohibit the superior court from disclosing to the People (unsealing) the items seized pursuant to a search warrant of his law office until after a hearing to determine whether such items or a portion of such items are privileged. ...
Views: 1
Opinion The appeal by PWS, Inc., raises a question of first impression. Where a creditor purchases the collateral after the debtor's default does the creditor’s failure to comply with the notice requirement of California Uniform Commercial Code section 9504 preclude its recovery of a deficiency judgment if the creditor, upon realizing its mistake, conducts a new sale after giving proper notice?...
Views: 1
Opinion Statement of the Case Mary K. appeals from the imposition of a conservatorship over her person and estate pursuant to the Lanterman-Petris-Short (EPS) Act. (Welf. & Inst. Code, § 5350 et seq.) On July 9, 1990, the public guardian was appointed as appellant’s temporary conservator. Counsel was also appointed to represent appellant in all conservatorship proceedings. Appel...
Views: 0
Opinion Business and Professions Code sections 2052 and 2053 (hereafter sections 2052 and 2053) proscribe the unlicensed practice of *247 medicine. Under section 2052 it is a misdemeanor for one without a license to practice, attempt to practice, advertise or hold himself or herself out as practicing medicine, or to diagnose, treat, or prescibe for any physical condition of any person. Sectio...
Views: 1
Opinion Appellant Thomas Edgar Douglas III and his brother, Bobby Dewitt Douglas, were charged and jointly tried by a jury for the murder of Lloyd Amey (Pen. Code, 1 § 187). Appellant was also charged as an accessory to the same murder (§ 32). The jury returned verdicts finding both appellant and Bobby guilty of second degree murder and finding appellant guilty as an accessory....
Views: 0
*119 Opinion Appellant Robert A. Leslie, M.D., appeals from a judgment of the superior court denying his petition for writ of mandate. In his petition, appellant challenged the decision of the Board of Medical Quality Assurance (tiie Board) 1 to discipline appellant, placing him on probation from the practice of medicine for five years, including a ninety-day actual su...
Views: 2
Opinion The issue in this case is whether the Association for Retarded Citizens (ARC) is required to pay employees who work less than 24-hour shifts for time when the employees are allowed to sleep. We conclude ARC is required to compensate the employees for all the hours *24 they are subject to ARC’S control, including hours when the employees are allowed to sleep. Fact...
Views: 1
Opinion In this modern computer age, creative entrepreneurs are carving out large fortunes by providing new and unique services to the untrained public. Lelas Charles Gentry was just such an entrepreneur, advertising his services in the field of credit history improvement to individuals who found themselves floundering in a financial morass. Unfortunately, rather than throwing them a life...
Views: 5
Opinion On May 11, 1989, respondent was arrested for willfully discharging a firearm in a grossly negligent manner, unlawfully carrying a loaded firearm in a public place, and willfully obstructing a police officer in the discharge of his duty. (Pen. Code, §§ 246.3, 12031, subd. (a), 148.) Trial was set for December of 1989. On December 18, 1989, just before jury selection was to begin, the assist...
Views: 0
Opinion Robert Wesley Young was convicted of illegal taking or driving of a vehicle, with a prior conviction for the same offense. (Veh. Code, § 10851; Pen. Code, § 666.5.) A prior prison term enhancement (Pen. Code, § 667.5) based on the same prior conviction was also found true. Although bifurcation of trial on the prison term prior had been granted, and defendant had stipulated to the prior ...
Views: 2
Opinion Alberto and Maria Lugo Ortiz appeal from the judgment entered in their action seeking damages for injuries suffered when Mr. Ortiz became trapped in a plastic injection molding machine. Mrs. Ortiz asserts error in the court’s granting of a nonsuit on her cause of action for negligent infliction of emotional distress, and claims this error was caused in part by the bifurcation of t...
Views: 0
Opinion Plaintiff and appellant Helen H. Ruffalo appeals from the judgment entered in favor of defendant and respondent Paul S. Patterson, in an action for damages for legal malpractice. We reverse the judgment. Facts In her first amended complaint, plaintiff alleged she retained defendant to represent her in a proceeding for dissolution of her marriage; defendant knew or should have known ...
Views: 0
Opinion We hold here that a judge’s failure to respond to or strike an allegedly untimely and legally insufficient statement of disqualification *419 equates to a consent to disqualification pursuant to Code of Civil Procedure 1 section 170.3, subdivision (c)(4). Under the circumstances here, the statement of disqualification was timely even though not asserted unt...
Views: 1
Opinion The respondent, Lynn Benowitz, thought that her automobile insurer had unreasonably delayed in acting on her demand to arbitrate a dispute under the uninsured motorist provision of her policy. Through her attorney, she selected her own arbitrator and proceeded to obtain an award at a scheduled hearing. We conclude that the insurer committed no breach giving rise to a waiver of its...
Views: 0
Opinion Ethel Krieger, as executrix of the Estate of Norman Krieger, and Robert Krieger (hereinafter appellants or the Kriegers) appeal from a judgment entered against them following the granting of a motion for summary judgment on their complaint for damages arising from the alleged defective performance of an automobile. The vehicle was purchased for Robert Krieger by Norman Krieger fro...
Views: 2
Opinion On behalf of Andrea E. and Joshua E., minors, the County of Sutter (County) filed this action against defendant Davey Darrell Davis to *322 establish paternity and obtain child support and reimbursement for public assistance. (Civ. Code, § 248; Welf. & Inst. Code, §§ 11350, 11350.1, 11475.1; all further references to undesignated statutory sections are to the Welfare ...
Views: 0
*335 Opinion Terry Bennett (plaintiff) appeals from an order granting the motion of California Custom Coach, Inc. (defendant) to tax costs. We affirm the order. Factual and Procedural Statement On or about October 2, 1987, plaintiff paid defendant a $5,000 down payment towards the purchase of a “Daytona American Kit,” which is a vehicle conversion package used to m...
Views: 1
Opinion Plaintiff Thomas N. Draper (Draper) borrowed money from defendant American Funding Limited, individually and doing business as Southern California Funding Limited (American Funding). After making payments for approximately three years, Draper wished to pay off the loan. When American Funding informed Draper it would cost Draper more than the amount borrowed to pay off the indebtedness, Dr...
Views: 0
Opinion Facts and Proceedings Below The District Attorney of Los Angeles County, representing petitioner, the People of the State of California (hereinafter referred to as the People), seeks a writ of mandate to compel the Los Angeles County Superior Court to vacate its order of February 1, 1991. In that order the trial court, in response to a motion in opposition to the issuance of a search warr...
Views: 2
Opinion Petitioners, American International Group, Inc., and American Home Assurance Company, are defendants in an action commenced by respondent Brutoco Engineering & Construction, Inc. (Brutoco). Brutoco seeks damages on a number of legal theories 1 , all of which allegedly arise from certain misrepresentations made to it by petitioners with respect to a policy for workers’ c...
Views: 0
Opinion The Constitution of California decrees that “A judge of a court of record may not practice law and during the term for which the judge was selected is ineligible for public employment or public office other than judicial employment or judicial office, . . .” (Cal. Const., art. VI, § 17.) In this original proceeding on petition for writ of mandate we are called upon to determine whethe...
Views: 0
*856 Opinion Defendant Lemuel B. Chaney, Sr., appeals from the judgment entered on the jury verdict convicting him of possession for sale of rock cocaine (Health & Saf. Code, § 11351.5) and manufacture of a controlled substance (Health & Saf. Code, § 11379.6, subd. (a)). Defendant makes several contentions for reversal of the judgment, all of which we reject. Statement of Fa...
Views: 0
Opinion The critical issue tendered by this appeal is whether an insurer owes a duty to its insureds to disclose within a reasonable time the existence and amount of underinsured insurance coverage which may or may not *394 become operative depending on the adequacy of the available bodily injury liability insurance. If such a duty exists, the specific question on this appeal...
Views: 0
Opinion Appellant Community Bank appeals from the judgment rendered in favor of respondent William Little upon the granting of respondent’s summary judgment motion. Appellant, an enforcing creditor, caused a home to be sold at a sheriff’s sale. Respondent bought the home and later discovered that prior to the sale, appellant had not disclosed all liens on the property. The trial court det...
Views: 0
Opinion A jury found John Ronald Brown guilty of four counts of unlawfully practicing medicine causing a risk of great bodily injury. (Bus. & Prof. Code, § 2053.) The trial court sentenced Brown to the upper term of three years in prison on the first count, with equal concurrent terms on the remaining counts. Brown appeals, contending (1) the evidence was insufficient to support the convictions, ...
Views: 0
Opinion Thomas Frank Maniscalco is charged with three murders and faces a potential death penalty. The superior court removed his three appointed counsel after the first trial ended with a hung jury, and he sought writ relief from a portion of that order. 1 We denied the petition summarily, but the Supreme Court granted review and retransferred the matter to us with directions to issue an alt...
Views: 1
*890 Opinion Plaintiff Willis Edwards appeals from the summary judgment entered in favor of defendant Arsenio Hall in this defamation action. We find that triable issues of material fact exist and, accordingly, reverse the judgment. Background In November 1988, Hall was in the preproduction phase of “The Arsenio Hall Show” (AHS), a nationally syndicated talk show. Edwar...
Views: 0
*912 Opinion The California Child Day Care Facilities Act (Health & Saf. Code, § 1596.70 et seq.) 1 requires family day-care homes for children to maintain liability insurance or, alternatively, to maintain a file of affidavits stating that each “parent has been informed that the family day care home does not carry liability insurance or a bond according to standards e...
Views: 1
Opinion Plaintiff Federico S. Aguimatang, Jr., and cross-complainant Arnulfo Melgar Chanquin appeal from summary judgment entered in favor of defendants/cross-defendants California State Lottery Commission, State *777 Controller, Director of California State Lottery, California State Lottery, State of California, James Barnett, Timothy Ford and California State Lottery Educat...
Views: 2
Opinion Is the County of Orange required, pursuant to section 53205.2 of the Government Code, 1 to provide retired county personnel with *837 health care benefits equal to those provided to active employees, at no additional out-of-pocket cost to the retirees? Stated another way, does section 53205.2 mandate equal subsidies for retired employees? The trial court concluded it does and that m...
Views: 0
Opinion Michael Antonovich (Antonovich) petitions this court for a writ of mandate (Code Civ. Proc., § 1085) to compel respondent court to grant his motion for summary judgment against Baxter W. Schwellenbach, also known as Baxter Ward (Ward). We deny the petition and discharge the alternative writ of mandate. Factual Statement Ward was a television news director and anchorman in Los Ange...
Views: 1
Opinion Plaintiff Reginald Eric Valenzuela appeals a summary judgment entered in favor of defendant City of San Diego. Valenzuela contends factual issues remain to be litigated in his claim the city is not immune from liability for severe and permanent injuries he sustained while diving at the Sunset Cliffs/Ocean Beach area of the City of San Diego. We disagree and affirm. Factual and Procedu...
Views: 0
*966 Opinion Petitioner, Haight, Brown & Bonesteel (HBB), seeks a writ of mandate after the trial court granted a motion for judgment on the pleadings in favor of real parties in interest (DCC partners). 1 Haight, Dickson, Brown & Bonesteel was a law partnership with its principal office in Santa Monica, California, and a branch office in Santa Ana, California. In Ma...
Views: 2
Opinion Carnival Cruise Lines, Inc. (Carnival) petitions this court for writs of mandate directing the trial court to vacate its orders denying their motions to dismiss or stay in Williams v. Carnival Cruise Lines, Inc. (L.A. Super. Ct. No. SOC 96347) (Williams) and Secard v. Carnival Cruise Lines, Inc. (L.A. Super. Ct. No. SOC 96301) (Secard) and to enter new and different orders granting the ...
Views: 0
Opinion This matter is before us on a motion by defendant and respondent Wibbelsman to dismiss the appeal in this action for lack of jurisdiction in this court because of failure timely to file a notice of appeal. Pursuant to the request of defendant and appellant Nesbitt (rule 41(b), Cal. Rules of Court) 1 we placed the motion to dismiss on calendar for hearing because (a...
Views: 0
Opinion Appellant Ellis K. challenges orders of the juvenile court subjecting his daughter Bettye K. to the jurisdiction of that court under *146 Welfare and Institutions Code section 601, 1 and ordering out-of-home placement. Appellant contends among other things that the challenged orders violated the Indian Child Welfare Act of 1978, 25 United States Code section 1901 et seq. (hereinafte...
Views: 0
Opinion Plaintiff Cynthia Módica purports to appeal from a summary judgment entered in this action for legal malpractice in favor of defendant Mark E. Merin. The record on appeal reflects that on June 14, 1990, the trial court granted defendant’s motion for summary judgment. Thereafter, defendant prepared and the court signed a formal order granting the motion. Plaintiff appealed, bu...
Views: 0
Opinion This case presents the question of whether the defendant in a criminal case is entitled, upon demand at the start of trial, to have the prosecution elect which of several distinct acts is relied upon for each individual charge. We hold that he or she is, generally, entitled to an election upon demand, and that the court’s refusal to require one is not in all cases *876 cured by the gi...
Views: 1
Opinion This appeal involves the Highway Carriers’ Act (Pub. Util. Code, § 3501 et seq.) 1 which requires a highway carrier to obtain “adequate protection” against liability for personal injury or death as a prerequisite to the issuance or continuance of an operating permit. (§ 3631.) A carrier must supply the Public Utilities Commission (PUC) with evidence of insurance, bond, ...
Views: 0
Opinion Social Services Union Local 535, SEIU, AFL-CIO, appeals from a judgment denying its petition for a writ of mandate against respondents City and County of San Francisco (City), Civil Service Commission (Commission) and Department of Social Services (Department), asserting a violation of the San Francisco City Charter (the Charter) and the civil service rules of the Commission, in the man...
Views: 0
Opinion In this premises liability action, Nolan Feeley appeals from summary judgment against him. He contends that the statute of limitations *951 applicable to his action should have been tolled while he was comatose as a result of injuries he received while on respondents’ premises. We agree, and reverse. Facts and Procedural History For purposes of this appeal a...
Views: 1
Opinion Real parties Roger Terry and his wife filed this lawsuit against Terry’s employer, petitioner United Airlines, Inc., after United conducted a workplace investigation—prompted by the complaints of Terry’s female coemployees that they had been sexually assaulted and harassed. Terry and his wife claimed United’s investigation of these charges was tortious, and allowed them to sue Uni...
Views: 1
Opinion We hold that the illegal taking and killing of abalone from coastal waters may not be punished as grand theft under Penal Code section 487, subdivision 1, although it is punishable under several provisions of the Fish and Game Code. 1 We affirm the order setting aside count 2. Defendants were observed by fish and game officers illegally taking 196 abalone from the ...
Views: 1
Opinion Plaintiff, cross-defendant and appellant Banco Do Brasil, S.A., Los Angeles Agency, a banking association organized and existing under the laws of Brazil (Banco), and cross-defendant and appellant Joao Stefanon (Stefanon) appeal from a judgment entered against them following a jury verdict in favor of the defendants, cross-complainants and respondents Latían, Inc., a California co...
Views: 1
Opinion Statement of the Case On May 2, 1989, an information was filed in Kern County Superior Court charging appellants James and Tonette Lee with count I, murder in the first degree (Pen. Code, § 187), and count II, child endangerment (Pen. Code, § 273a, subd. (1)). On May 3, 1989, appellants were arraigned and pleaded not guilty. On June 20, 1989, appellants’ motion to set as...
Views: 0
Opinion Defendant’s probation was revoked in a Trinity County case and he was sentenced to state prison for sale of methamphetamine (Health & Saf. Code, § 11379). He appeals. Since defendant’s contentions are without merit, we shall affirm. *1068 In the published part of this opinion, we reject defendant’s contention that he is entitled to the benefit of a so called “implied...
Views: 0
Opinion Petitioner (defendant) moved for summary judgment in the superior court on the ground that the medical malpractice complaint of real parties in interest (plaintiffs) is barred by the statute of limitations. The motion was denied and defendant seeks writ review pursuant to Code of Civil Procedure section 437c, subdivision (/). (All further statutory references to sections of an undesigna...
Views: 1
234 Cal.App.3d 1195 (1991) 286 Cal. Rptr. 127 In re the Marriage of MARILYN and FORREST HEISTERMANN. MARILYN HEISTERMANN, Appellant, v. FORREST HEISTERMANN, Respondent. Docket No. D011242. Court of Appeals of California, Fourth District, Division One. September 30, 1991. *1197 COUNSEL Roy B. Garrett and James Hennenhoeffer for Appellant. Wayne Alan Hughes for Respondent. OPINION WORK, J. Marilyn ...
Views: 0
Opinion Appeal from a judgment of the Los Angeles County Superior Court, the Honorable Robert P. Schifferman, judge presiding, dismissing the action of plaintiff/appellant following the sustaining of a demurrer to the complaint without leave to amend. We affirm. *1108I. Introduction Minor plaintiff, Cassondra Hegyes, appeals from a judgment entered after the court below sustained defendant’s demu...
Views: 3
234 Cal.App.3d 1206 (1991) 286 Cal. Rptr. 24 STRUCTURAL STEEL FABRICATORS, INC., Plaintiff and Appellant, v. CITY OF ORANGE, Defendant and Respondent. Docket No. G010153. Court of Appeals of California, Fourth District, Division Three. September 30, 1991. *1207 COUNSEL Ralph Evans for Plaintiff and Appellant. Cummings & Kemp, Thomas B. Cummings and John S. Roth for Defendant and Respondent. *...
Views: 0
Opinion Plaintiff brought a third party tort action for injuries sustained during the course and scope of his employment. The workers’ compensation carrier for plaintiff’s employer intervened. When plaintiff’s suit was dismissed under Code of Civil Procedure section 583.250 1 for failure to effect timely service under section 583.210, plaintiff sought unsuccessfully to interven...
Views: 2
Opinion In this man-bites-dog story, plaintiff newspaper sued an individual for libel and slander. The trial court sustained a demurrer without leave to amend as to the libel cause of action and granted summary judgment as to the slander cause of action. We shall affirm. Factual and Procedural Background On May 25, 1988, the Escalón Times, a small-town newspaper, published artic...
Views: 0
Opinion Plaintiffs Sacramento Cable Television (SCT) and Christine Barney appeal from a judgment dismissing their challenge to a tax *236 imposed by defendant City of Sacramento (City) on users of cable television service. Plaintiffs contend the tax violates both the First Amendment to the United States Constitution and the franchise agreement between City and SCT. The trial ...
Views: 0
Opinion Mary Breazeal (Mary) appeals from a judgment of nonsuit on causes of action for professional negligence and wrongful death in favor of Krishan Vashistha, M.D., and Roger Haring, M.D., and from a judgment of dismissal as to an additional cause of action for negligent infliction of emotional distress. The defendant doctors were allegedly negligent in treat *1332 ing Mar...
Views: 1
Opinion Defendant appeals from the judgment entered upon his convictions of one count of the crime of attempted murder (Pen. Code §§ 664, 187, subd. (a)), one count of the crime of possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)) and one count of the crime of possession of a statutorily designated weapon (Pen. Code, § 12020, subd. (a)). 1 The attempted murder conviction was ...
Views: 1
Opinion Dennis Uyeno and Nita Uyeno (appellants) appeal from a judgment dismissing their action against the State of California (respondent), for the wrongful death of their son, James. James was struck and killed by a small truck as he crossed a street at a controlled intersection. Appellants claimed that improper timing of the traffic signals at the intersection caused the accident. Upon the ...
Views: 0
Opinion A father appeals from the order declaring his minor sons to be dependents of the court pursuant to Welfare and Institutions Code *1356 section 1 300. Appellant asserts that the court made many errors in ruling on the dependency petition of the department of children’s services (DCS). We affirm. Factual and Procedural Synopsis I. Detention ...
Views: 0
Opinion Defendant was tried and convicted of conspiracy to transport and possess cocaine for purposes of sale in violation *944 of Penal Code section 182, subdivision 1 (now Pen. Code, § 182, subd. (a)(1) (count I)), possession of cocaine for sale in violation of Health and Safety Code section 11351 (count II) and transportation of cocaine in violation of Health and Safety Co...
Views: 0
*1397 Opinion This action, which presents both statutory and constitutional challenges to the process of academic peer review employed by the University of California, requires us to determine the extent of the autonomy granted the university under article IX, section 9 of the California Constitution. Statement of the Case Appellants are the University Council, the Amer...
Views: 0
Opinion The People appeal an order denying their motion to vacate orders setting aside respondent Henry A. Mendez, Jr.’s, 1973 robbery conviction (Pen. Code, § 211), 1 substituting a misdemeanor grand theft conviction (§ 487), and sealing the records of the resultant misdemeanor conviction. The People contend the superior court lacked jurisdiction to reopen the 1973 conviction ...
Views: 1
Opinion This is an appeal from a nonsuit granted in favor of the cross-defendants in an attorney malpractice case. The trial court granted the nonsuit after ruling the cross-complainants’ witness was not qualified to testify as an expert. We reverse. Facts and Proceedings Below I. The Case in General. Appellants introduced the following evidence at trial. In 1983, appe...
Views: 0
*1346 Opinion Introduction Plaintiff Cesar Guzman suffered physical injury while a patient at defendant County of Los Angeles Hospital (Martin Luther King, Jr./Drew Medical Center; hereinafter, Drew Hospital). On plaintiff’s complaint for negligent treatment, the trial court granted summary judgment to defendant on the ground that defendant was immune from liability under Go...
Views: 0
Opinion Kim J. appeals the judgment under Welfare and Institutions Code section 366.262 terminating her parental rights to her daughter, Melinda. In the published portion of this opinion, we reject her contention that the Orange County Social Services Agency (SSA) did not comply with statutory or due process notice requirements. The discussion rejecting her claims that the court failed to conside...
Views: 0
Opinion Introduction Petitioner Southwest Airlines (Southwest) seeks review of an opinion and order of respondent Workers’ Compensation Appeals Board (the Board) denying reconsideration of a ruling that Labor Code section 3600.5, subdivision (a), 1 gives California jurisdiction over respondent Susan Beland’s workers’ compensation claim. *1423 Beland contends ...
Views: 0
Opinion Plaintiff Tenneco West, Inc. 1 appeals the portion of a judgment after court trial favoring defendant Franchise Tax Board of the State of California (the Board) on Tenneco’s complaint for refund of franchise taxes paid. Tenneco contends the court should have found Tenneco and certain of its subsidiaries (the Tenneco Excluded Subsidiaries) constituted a single unitary bu...
Views: 0
Opinion Jamail Singh Jaspal was charged with murder in violation of Penal Code section 187. 1 It was also alleged that appellant personally used a firearm in the commission of the offense within the meaning of section 12022.5. A jury trial commenced on August 8, 1989. On August 24, 1989, the jury found appellant guilty of first degree murder and determined that the gun use...
Views: 0
Opinion The Insurance Commissioner of the State of California (Commissioner) appeals from a judgment granting the petition of California Automobile Assigned Risk Plan (CAARP) for peremptory writ of mandate. The judgment ordered the Commissioner to cancel hearings noticed for CAARP’s March 2, 1990, commercial automobile rate increase application and CAARP’s April 10, 1990, private passenge...
Views: 1
Opinion Paradise Investments, Inc., International Central Bank and Trust Corporation (trustee for the benefit of James A. Rowland), Wanda King, Floyd A. Hollingshead and Norma R. Hollingshead (collectively, the secured creditors) appeal the denial of their motion for relief from the blanket stay order issued in the liquidation proceedings of Glacier General Insurance Company (Glacier), contending...
Views: 0
Opinion Applicant, Andre Rouseyrol, filed a petition for writ of review in which he contends respondent Workers’ Compensation Appeals Board (Board) erred in denying reconsideration of an order by the workers’ compensation judge (WCJ) denying applicant’s request that the employer provide attendant care. When applicant was hired by respondent Iskenderian Racing Cams, he was confined to a wheelcha...
Views: 0
Opinion Timothy Dee Wilson and Michaelene Jenkins (the protesters) appeal an order granting a preliminary injunction to Planned Parenthood of San Diego and Riverside Counties (Planned Parenthood). The order specifically restricts them from blocking or slowing cars entering from the street into the parking lot of the Mission Valley Medical Center (Medical Center) where Planned Parenthood p...
Views: 0
Opinion In this appeal we consider Penal Code section 422 which makes it a crime to threaten another with death or great bodily harm. We conclude, inter alia, that section 422 is violated as well when such a threat is communicated by the threatener to a third party and by him conveyed to the victim as when the threat is communicated by the threatener personally to the victim. A petition pursu...
Views: 0
*1584 Opinion Plaintiff homeowners challenge the constitutionality of a zoning ordinance prohibiting transient commercial use of residential property for remuneration for less than 30 consecutive days. The trial court upheld the ordinance. We affirm. Factual And Procedural Background Plaintiffs are owners of single-family, residential property zoned R-l in the City of C...
Views: 0
234 Cal.App.3d 1685 (1991) 286 Cal. Rptr. 267 STATE FARM LIFE INSURANCE COMPANY, Plaintiff, v. JAMES F. PEARCE, as Administrator, etc., Defendant and Appellant; CHARLOTTE MILES, Defendant and Respondent. Docket No. D013109. Court of Appeals of California, Fourth District, Division One. October 10, 1991. *1686 COUNSEL Dennis B. Atchley for Defendant and Appellant. Daniel V. Burke and Larry W. Jone...
Views: 0
Opinion Leo Cardinal appeals a judgment of dismissal after the trial court sustained without leave to amend a demurrer to his complaint for damages against Santee Pita, Inc., doing business as the Moondance Bar (Moondance). Cardinal contends the trial court erred in sustaining Moondance’s demurrer without leave to amend and subsequently dismissing his complaint because Civil Code section 1714 and...
Views: 1
Opinion Doose Landscape, Inc. (Doose) seeks a writ of mandate after the court granted Park Row Community Association’s (Park Row) motion to determine good faith settlement and bar all cross-complaints for indemnity against Park Row. Because we conclude that Code of Civil *1700 Procedure section 877.6 1 does not afford protection from cross-claims against a settling...
Views: 0
Opinion Introduction Edward Mungia (defendant) was charged in count 1 with robbery, a felony (Pen. Code, § 211) and in count 2 with unlawful possession of a hypodermic needle and syringe, a misdemeanor (Bus. & Prof. Code, § 4149). It was also alleged that he had suffered two prior serious felony convictions within the meaning of Penal Code section 667, and one prior felony conviction...
Views: 0
Opinion Richard Visueta and Michael Bunt appeal from a summary judgment granted in favor of General Motors Corporation (GMC). The trial court found that no triable facts existed as to causation on their cross-complaint for indemnity. We agree. On October 2, 1986, Bunt was driving Visueta’s 1965 Chevrolet flatbed truck which had negligently maintained brakes. Visueta told Bunt to drive the truck to...
Views: 0
234 Cal.App.3d 1638 (1991) 286 Cal. Rptr. 410 ELIZABETH BAUR WORTON, Plaintiff and Appellant, v. EUGENE W. WORTON et al., Defendants and Respondents. Docket No. B053533. Court of Appeals of California, Second District, Division Seven. October 10, 1991. *1643 COUNSEL Keesal, Young & Logan, Michael M. Gless, Robert D. Feighner, Morgan, Wenzel & McNicholas and John P. McNicholas for Plaintif...
Views: 1
Opinion Appellants appeal from a judgment denying a peremptory writ of mandate compelling the City of Los Angeles and its community redevelopment agency to fund and consult with the project area committee in the implementation of the Hollywood Redevelopment Project. We ordered the appeals consolidated. For the reasons set forth, we affirm the judgment. Facts and Proceedings Below ...
Views: 0
*1602 Opinion Introduction Defendant City of San Jose (City) on April 7, 1988, adopted Ordinances Nos. 22758 through 22761 approving redevelopment plans for three new redevelopment project areas (Alum Rock Avenue Project Area, East Santa Clara Street Project Area, and Almaden-Gateway Project Area) and merging two of the three new areas (Alum Rock Avenue Project Area and ...
Views: 0
Opinion I. Introduction This is an appeal from a judgment entered in the marital dissolution case of Joyce Tullos Katz v. Bertram Bernard Katz against Joyce Tullos Katz in favor of judgment creditor-lienor Dietmar E. Rothe (Rothe). The judgment was entered on a noticed motion for an order enforcing a judgment lien pursuant to Code of Civil Procedure sections 708.410-708.480. 1 ...
Views: 0
Opinion Smoketree-Lake Murray, Ltd., Brehm Construction Company and Forrest W. Brehm (hereafter Developer) appeal a judgment on a cross-claim for indemnification. On appeal, Developer contends the judgment must be reversed because the trial court erred in ruling a fraud finding barred indemnification and failing to find the jury committed misconduct. We reverse. Facts In 1985, t...
Views: 1
Opinion California was one of a number of states that during the mid-1980’s enacted an amnesty program which gave delinquent taxpayers a period within which to square unpaid or unreported accounts in *1755 exchange for the surrender by the state of its power to seek penalty surcharges and criminal sanctions. One of the issues presented here is whether such a delinquent taxpay...
Views: 0
Opinion —In this case we hold that a client is bound by her attorney’s written stipulation to a temporary judge in substantial compliance with rule 244, California Rules of Court. After three postponements of the trial of this marital dissolution action due to court congestion, respondent Jasper Crook’s attorney suggested to appellant Rayvesta Crook’s attorney that they have the matter tried by re...
Views: 0
Opinion —The sole issue on appeal is whether plaintiffs and respondents Harry J. Gray and Helen Gray (taxpayers), who are Connecticut residents, are entitled to a credit against their 1979 and 1980 California nonresident personal income taxes for taxes which were paid to the State of Connecticut on California-source capital gains. We conclude that taxpayers are entitled to such a credit a...
Views: 0
Opinion —Defendant Donald Ivester agreed to plead guilty to unlawfully manufacturing methamphetamine in excess of one pound (Health & Saf. Code, § 11379.6, subd. (a)) and endangering a child (Pen. Code, § 273a) 1 in exchange for the district attorney dismissing two additional felonies with which he was charged. In this appeal from the judgment he contends his guilty pleas were ...
Views: 0
Opinion —St. Sava Serbian Orthodox Church of Jackson, California (St. Sava) was formerly affiliated with the Serbian Eastern Orthodox Diocese of the United States and Canada, which in turn was a subordinate body of the Serbian Orthodox Church (the Mother Church), a hierarchical church centered in Belgrade, Yugoslavia. Following the defrocking by the Mother Church in 1963 of the bisho...
Views: 0
*7 Opinion —In an action concerning the alleged misappropriation of trade secrets, the trial court issued a preliminary injunction, restraining the defendants from soliciting any former customers of the plaintiff. The defendants challenge the plaintiff’s entitlement to injunctive relief, the form and scope of the injunction, and the adequacy of the amount of the undertaking speci...
Views: 0
*1799 Opinion Facts Appellant received a parking ticket for parking his unhooked boat trailer on a street in the City of Rancho Palos Verdes (the City), in violation of Rancho Palos Verdes Municipal Code section 10.04.010 (the ordinance). 1 After a court trial, appellant was ordered to pay a fine of $10, plus court costs and penalty assessment, for a total of $28. On appeal, appellant c...
Views: 0
Opinion I. Introduction This case presents the question whether two excess insurers were required to provide coverage in the place of an insolvent underlying insurer. The trial court granted summary judgment pursuant to Code of Civil Procedure section 437c in favor of the two excess insurers. The trial court found that (1) the excess insurance policies were “not ambiguous with respec...
Views: 0
*1767 Opinion Petitioners William Lawson Martin III and Annette Martin (the Martins) seek a writ of mandate directing the trial court to grant their motion for summary adjudication of issues and declare invalid Ordinance No. 1069 enacted by real parties in interest, the City of Sierra Madre (the City) and the City Council of the City of Sierra Madre (the City Council). Ordinance No. 1069 impo...
Views: 0
Opinion * —Eddie D., a minor, appeals from a judgment of the juvenile court finding on a supplemental petition (Welf. & Inst. Code, § 777) that he violated Penal 1 Code section 148 2 and committing him to the California Youth Authority. Procedural History On December 9, 1986, Eddie D. was named in a petition filed in the Kern County Juvenile Court al...
Views: 1
*444 Opinion Introduction After the denial of his motion to suppress evidence under Penal Code section 1538.5, defendant pled guilty to possession of cocaine (Health & Saf. Code, § 11350, subd. (a)) and to being under the influence of cocaine (Health & Saf. Code, § 11550). The court ordered three years of formal probation. Defendant appeals, claiming that the entry ...
Views: 0
Opinion —Lorenzo M., Sr. (Lorenzo) appeals the judgment terminating his parental rights to Riva M., Robert M. and Lorenzo M. (Lorenzo, Jr.) pursuant to Civil Code section 232, contending: (1) the trial court erred by failing to adhere to the provisions of the Indian Child Welfare Act (ICWA); (2) the court’s findings were inadequate to support the judgment; (3) the court prejudiced Lorenzo...
Views: 1
Opinion —Plaintiff Computer Prepared Accounts, Inc. (CPA) appeals from an order denying its application for a preliminary injunction and awarding attorney’s fees and sanctions against it. We affirm, and also award $10,000 in sanctions to Jerome Marks, a professional corporation, for which CPA and James L. Dawson are jointly and severally liable. We award $10,000 to the court, for which Da...
Views: 0
Opinion —In these cases consolidated for appeal, plaintiff Shiseido Cosmetics (America) Ltd. (SCA) sought refund of franchise taxes resulting from defendant Franchise Tax Board (FTB) assessments applying the unitary tax method of worldwide combined reporting (WWCR) (Rev. & Tax. Code, 1 § 25101 et seq.) based on the determination that SCA was engaged in a unitary business with S...
Views: 2
Opinion —The Town of Tiburón denied plaintiffs’ application for approval of the Marinero Estates master plan for development of their property. Plaintiffs sued, seeking a writ of administrative mandamus (Code Civ. Proc., § 1094.5), declaratory relief and damages for inverse condemnation. The trial court denied the petition for a peremptory writ, sustained respondents’ demurrer to the decl...
Views: 1
235 Cal.App.3d 463 (1991) 286 Cal. Rptr. 600 ERNEST CHAVIRA, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, JOHNS-MANVILLE SALES CORPORATION et al., Respondents. Docket No. B051525. Court of Appeals of California, Second District, Division One. October 21, 1991. *465 COUNSEL Rose, Klein & Marias, Howard N. Lehman and Arlyn M. Egers for Petitioner. Phillip N. Bruce as Amicus Curiae on beh...
Views: 0
Opinion —This is a petition for writ of mandate following respondent court’s denial of the motion of petitioner, Rosenfeld Construction Company, Inc., to disqualify the law firm of Wild, Carter, Tipton & Oliver (hereafter Wild) in its representation of real parties in interest, Paul Sivas and Jeanet Sivas. We grant the petition in part, directing respondent court to conduct a new hearing ...
Views: 2
Opinion —Following denial of their motions to suppress evidence under Penal Code section 1538.5, defendant and appellant Orlando RodriguesFernandez pleaded no contest, and defendant and appellant Mario Socorro Villapudua pleaded guilty, to possession for sale of cocaine and the allegation that the amount of cocaine exceeded 25 pounds. (Health & Saf. Code, *546 §§ 11351, 11370...
Views: 0
Opinion —Michael A. Grappo appeals from a judgment finding that he had no community property interest in certain real property located in Incline Village on Lake Tahoe in Nevada; that he was not entitled to the imposition of an equitable lien on the property; and that he had no interest in the property entitled to priority over the claims of respondents. It should be noted initially that ...
Views: 0
Opinion * —Vehicle Code section 13353.2 directs the Department of Motor Vehicles (the DMV) to suspend the driver’s privilege of a person who was “driving or was in actual physical control of a motor vehicle when *452 the person had 0.08 percent or more, by weight, of alcohol in his or her blood.” 1 Section 13558 entitles a driver to request what is in effect a presuspension administrative...
Views: 2
Opinion —This is an appeal by defendant and cross-complainant, Roosevelt, from a judgment in favor of plaintiff and cross-defendant, Finalco, Inc., in an action arising from Roosevelt’s purchase of undivided co-ownership interests in certain computer equipment from the Dover Asset Group, Inc. (Dover). We affirm. Facts and Proceedings Below In December 1985, Dover offered undivided co-owners...
Views: 1
Opinion —Sandy Harris, owner and manager of Pacific Coast Screen Printing (hereinafter PCSP) in Milpitas, began doing business with defendant Debra Wolfe in April 1987. Defendant set up an account with Harris for PCSP to supply her business, Air Wolfe, with printed T-shirts and sweat shirts for defendant to distribute to military shows throughout the country. In July and August of 1987 Harris rece...
Views: 0
*1387 Opinion Plaintiff Edwin D. McCulloch appeals from a judgment entered following grant of the motion for summary judgment brought by defendant Ford Dealers Advertising Association of Southern California (Association). On appeal, plaintiff claims that the trial court erred when it determined as a matter of law that the presence of the Ford logo on promotional material for a dr...
Views: 0
Opinion —Appellant Cynthia Timmons (Timmons) successfully pursued her administrative mandamus action to obtain benefits under the state-mandated Aid to Families with Dependent Children-Foster Care (AFDC-FC) program 1 during a period when she was temporary guardian of two minor children. In the same lawsuit Timmons also sought an ordinary writ of mandate compelling Linda McMahon, Director of t...
Views: 2
Opinion —In this case we hold that a trial court has inherent equitable authority to set aside a default judgment of forfeiture of real property at which drug trafficking had occurred, based on extrinsic fraud or mistake. The property at issue is a four-plex apartment building in Richmond. The owner, Jerline L. Wallace, is an absentee landlord who lives in Fairfield. On September 22,...
Views: 0
Opinion J. * —Defendant appeals from his conviction of violation of Penal Code section 653w. The conviction was based on evidence which established that he possessed for sale some 4,500 audiotapes, identified by an expert witness as “pirate recordings.” By this appeal, he challenges the constitutionality of the statute, contending that it violates the First Amendment to the United States Cons...
Views: 0
Opinion —Defendant has appealed from a judgment of conviction entered following a guilty plea to one count of unlawfully possessing heroin for sale (Health & Saf. Code, § 11351). On appeal, defendant contends that the magistrate improperly denied his Penal Code section 1538.5 motion to suppress certain evidence, because, he argues: (1) the magistrate failed to make an explicit finding tha...
Views: 0
Opinion —The People appeal from an order of the Municipal Court of the Pasadena Judicial District, County of Los Angeles, under Penal Code section 1424, 1 recusing the office of the District Attorney of Los Angeles County and appointing the Attorney General of California to prosecute this felony case. 2 The defendant, Joe Robert Hernandez, is charged with assault with a deadly weapon upon...
Views: 3
*597 Opinion —Appellant R. J. Reynolds Co., Inc. (Reynolds) contracted for services from Multi-Marketing, Inc. (MMI). MMI purchased liability insurance from Mission Insurance Co. and Mission National Insurance Co. (Mission), naming Reynolds as additional insured. While Mission was engaged in defending a claim against MMI, Reynolds and others, Mission became insolvent. Reynolds’s ...
Views: 0
Opinion —While the substantive nature of this action is forfeiture, this appeal is concerned solely with the narrowly circumscribed question of whether the time granted to file an amended petition was extended by five days under the provisions of Code of Civil Procedure section 1013. The ruling in question granted a motion for judgment on the pleadings with leave to amend. Notice of that ruling w...
Views: 0
235 Cal.App.3d 752 (1991) 1 Cal. Rptr.2d 115 MARK J. HUGHEY, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant. Docket No. C007191. Court of Appeals of California, Third District. October 28, 1991. *754 COUNSEL John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart, Chief Assistant Attorney General, N. Eugene Hill, Assistant Attorney Gen...
Views: 0
Opinion —Linda Johnson appeals from the order reappointing the Public Guardian of El Dorado County as conservator of her person and estate under the Lanterman-Petris-Short Act (LPS Act). (Welf. & Inst. Code, § 5000 et seq.; further statutory references are to the Welfare and Institutions Code unless otherwise specified.) She contends (1) the evidence does not support the finding of grave ...
Views: 0
*776 Opinion —The issue presented by this appeal is whether the California Environmental Quality Act (CEQA) requires that a school district complete an environmental impact report (EIR) during the course of selecting a site for a new high school, or whether it is sufficient if the district completes an EIR prior to acquiring such a site. “It is circumstance and proper timing that...
Views: 0
Opinion —Appellant Louis E. Webb, conservator of the estate of Wayne B. Combash, appeals from an order directing the sale of real property for the benefit of judgment creditor and respondent Mary Trippet. Webb contends that the trial court erred in finding that a declared homestead exemption did not apply because Combash, who has been missing since February 1988, had not resided continuou...
Views: 1
Opinion —The County of Sonoma (the County) appeals from a judgment invalidating its tax on public entities that generate electricity from geothermal steam in the County. It contends that the constitutional exemption from property taxes for public property does not prohibit a tax on the use of public property. The Sacramento Municipal Utility District (SMUD) contends that the narrowly draw...
Views: 0
Opinion —Gary Adams (plaintiff) appeals from the judgment of the superior court denying his request for declaratory relief concerning his removal from the position of deputy sheriff. A deputy sheriff is a peace officer. (Pen. Code, § 830.1.) Anyone convicted of a felony in this or any other state is barred from employment as a peace officer (Gov. Code, § 1029; hereafter § 1029). After ser...
Views: 0
Opinion —Michelle D. (mother) appeals from an order permanently freeing her nine-year-old daughter, Amber, from her custody and control pursuant to Civil Code section 232, subdivisions (a)(1) and (a)(7). 1 On appeal mother contends she was denied her due process right to confront witnesses when the trial court excluded her from her daughter’s testimony pursuant to section 232, ...
Views: 0
Opinion —This is an appeal from an order to tax costs, and a cross-appeal from an order awarding costs. These orders followed entry of judgment in a wrongful death and personal injury action brought by Ann L. Stallman and William Stallman as the administrator of the estate of Frank Stallman against Petal Pusher Flowers, Nelda Brennan and Elissa Bell. The main appeal is brought by the Stal...
Views: 0
Opinion A jury convicted defendant of one count of first degree burglary. (Pen. Code, § 459-) 1 The court found true enhancing allegations defendant had suffered two prior serious felony convictions and that he had served three separate prior prison terms. (§§ 667, subd. (a), 667.5, subd. (b).) On appeal defendant asserts the trial court erred in instructing the jury it could convict defendan...
Views: 0
*842 Opinion —The issue presented is one of first impression in this state: does DNA typing evidence meet the legal requirements for admissibility of novel scientific evidence and, if so, whether the basis for the calculation of statistical probability employed by the testing laboratory, Cellmark in this case, satisfied the foundation requirements of People v. Co...
Views: 7
Opinion The Case This case deals with a common turn of events leading to life insurance litigation: A purchaser of life insurance died after he applied for a policy and paid the first month’s premium, but before the insurance company had an opportunity to accept the application and issue a policy. The company later refiised to pay the proceeds because of an alleged material misrepres...
Views: 0
Opinion —Annette and Paul B., Megan B.’s parents, filed separate notices of appeal after the permanency planning hearing in a dependency proceeding under Welfare and Institutions Code section 300.1 Annette contends the record fails to establish she knowingly and intelligently waived her rights when entering a plea of nolo contendere at the jurisdictional hearing, the evidence does not support the ...
Views: 0
Opinion —Sang and Sau Wan Leong appeal the trial court’s orders dismissing their action against respondents San Francisco Parking, Inc. (SF Parking), the San Francisco Giants (the Giants), and the City and County of San Francisco (the City) upon the sustaining, without leave to amend, of respondents’ demurrers to the Leongs’ first and second amended complaints for wrongful death. We hold that t...
Views: 0
Opinion —Appellant James H. Davis, attorney for plaintiffs, appeals from the trial court’s imposition of sanctions against him in the amount of $184,867.08 which sum included reimbursement to respondent Southern Pacific Transportation Company for expenses of closing one line of its railroad operations. We have determined that the expense of closing railroad operations was not the proper subje...
Views: 0
Opinion —In the wake of an unsuccessful defense of a civil suit (see Ballou v. Master Properties No. 6 (1987) 189 Cal.App.3d 65 [234 Cal.Rptr. 264]) and other matters, plaintiff Richard W. Traweek and related entities (collectively Traweek) filed two malpractice lawsuits against his former attorneys and accountants. In the first (the Jacke matter), Traweek...
Views: 1
Opinion —We decide in this appeal that the 90-day limitations period of Code of Civil Procedure section 341a 1 “for the recovery or conversion of personal property, wearing apparel, trunks, valises or baggage” left at a hotel does not apply to actions seeking damages against the hotel based on negligence or breach of contract. 2 We therefore reverse the judgment with...
Views: 0
Opinion —In this case we consider whether the juvenile court has jurisdiction to entertain a petition under Civil Code section 232 1 to terminate the rights of one parent, while leaving the rights of the other intact, without a potential adoption being contemplated. We conclude that it does, but remand the action for further proceedings. Facts and Procedural Background Augusta V. married ...
Views: 0
*902 Opinion —A jury convicted appellant Charles Edgar Thomas of attempted premeditated murder (Pen. Code, §§ 187, subd. (a); 664), 1 assault with a firearm upon a peace officer (§ 245, subd. (c)), cruelty to an animal (§ 597, subd. (a)), first degree burglary (§ 459), and four separate firearm possession charges (§§ 12021, subd. (a) [two counts]; 12020, subd. (a); 12025, subd. (a)). The ju...
Views: 0
Opinion —Respondent Francis P. McGreehan (McGreehan) filed the instant action for declaratory relief against appellant California State Automobile Association (CSAA) to resolve a coverage question under the uninsured motorist provisions of his automobile insurance policy. CSAA appeals from a summary judgment entered in McGreehan’s favor. We reverse. I The essential facts are undisputed. McG...
Views: 0
235 Cal.App.3d 788 (1991) 286 Cal. Rptr. 887 THE PEOPLE, Plaintiff and Respondent, v. JERRY REED STEELE, Defendant and Appellant. Docket No. C007701. Court of Appeals of California, Third District. October 28, 1991. *789 COUNSEL Cliff Gardner, under appointment by the Court of Appeal, for Defendant and Appellant. John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart, C...
Views: 0
Opinion —As originally enacted, Oakland Municipal Ordinance section 3-4.21 (hereafter the Ordinance) provided in pertinent part: “No person shall drink or have in his possession an open container of any alcoholic beverage: (1) On any public street, sidewalk, or other public way; (2) within 50 feet of any public way while on private property open to public view without the express permission of ...
Views: 1
*802 Opinion —Defendant was tried and convicted of three violations of Penal Code 1 section 243,4 (sexual battery) and two violations of section 149 (assault by a public official under color of authority). Imposition of sentence was suspended and defendant was placed on three years’ probation. On appeal he contends there was insufficient evidence to support the sexual batteries because ther...
Views: 0
Opinion —Defendant, Melodie Gail Johnson, was convicted by plea of guilty to kidnapping (Pen. Code,1 § 207, subd. (a)) and concealing and detaining a minor child (§ 278) and sentenced to eight years in state prison. She now appeals contending the trial court did not have jurisdiction to take her plea, nor to sentence her, because of its failure to determine her competency to stand trial pursuant t...
Views: 0
Opinion I. Introduction The County of Los Angeles (County) appeals from a judgment, after a jury trial, in favor of plaintiff Thomas Lee Coy and from the trial court’s denial of the County’s new trial motion. The County also challenges the trial court’s denial of its pretrial motion for summary judgment. The County contends that plaintiff’s suit for claim and delivery as well as conv...
Views: 0
Opinion —When a defendant is sentenced for both armed and unarmed robbery convictions, does Penal Code1 section 1170.95, subdivision (g) *1147impose a 10-year limit on all the consecutive subordinate terms for robbery or may subordinate terms for the unarmed robberies be imposed subject to a separate 5-year limit under section 1170.1, subdivision (a)? We will conclude the 10-year limit applies for...
Views: 0
Opinion — Here we hold that although an employee of an unlicensed and uninsured subcontractor is covered by a general contractor’s workers’ compensation insurance (Lab. Code, 1 § 2750.5), the uninsured subcontractor may be liable in tort for injuries to the employee (§ 3706). We reverse the judgment of the trial court which was entered pursuant to the subcontractor’s motion for summary judgme...
Views: 0
Opinion —Plaintiff is a retired public school employee; defendants are the school district for which she worked, the district superintendent, and the school board. Defendants appeal from a summary judgment in plaintiff’s favor to the extent that it awards plaintiff a lump sum for vacation she earned but did not use during her employment. We conclude that a lump sum payment to plaintiff for vaca...
Views: 1
Opinion —In this appeal the critical question is whether a party who makes a defective demand for the exchange of expert trial witnesses pursuant to Code of Civil Procedure section 2034, 1 may obtain relief pursuant to section 473. Ancillary issues also tendered are whether the trial court abused its discretion in granting relief under section 473 by issuing an order compelling...
Views: 1
Opinion —Fremont Union High School District (FUHSD) expelled Matthew G. after he used, a stun gun during an altercation with another student. Upon review, the Santa Clara County Board of Education (County Board) determined that FUHSD lacked jurisdiction to expel Matthew G. and ordered him reinstated. FUHSD then petitioned for a writ of mandate ordering County Board to set aside its decisi...
Views: 0
Opinion Introduction Appellant Gino Oldham appeals from a judgment denying his petition for a writ of mandate to set aside respondent’s decision denying him Medi-Cal benefits. Statement of Facts On August 27, 1982, appellant was shot in the back and through the abdomen; the bullet traversed his colon, small bowel, pancreas, stomach and esophagus. Appellant underwent emergen...
Views: 0
Opinion —In this opinion, we consider the definition of “museum” as used in article XIII, section 3, subdivision (d) 1 of the California Constitution and Revenue and Taxation Code section 202, subdivision (a)(2) 2 which together exempt from taxation property used for “museums that are free and open to the public.” Plaintiff Fellowship of Friends applied for a propert...
Views: 0
Opinion —Orange County Employees Retirement System (OCERS) contends the trial court erred in ordering it to pay directly to the former wife of one of its members, one-half of the community interest in the retirement benefits earned by the member spouse, despite the fact he had not yet retired from service. We agree. I. Melvin and Jeanne Jensen had been married for 22 years when,...
Views: 1
Opinion —Ralph Gamez (defendant) was convicted in a jury trial of attempted murder (count I) and assault with a firearm against the same victim (count II); assault with a firearm against three additional victims (counts III, IV, V); discharging a firearm from a vehicle (count VI); and discharging a firearm at an unoccupied vehicle (count VII). Enhancements for great bodily injury and great bodily...
Views: 0
Opinion —Nicolas Marsch III and Cal-Colorado Investors, a California general partnership (collectively Marsch) appeal an order amending the California judgment entered upon a Colorado judgment pursuant to *1202 the California Sister State Money Judgments Act (Act) (Code Civ. Proc., 1 § 1710.10 et seq.) in favor of Aspen International Capital Corporation (Aspen) to ...
Views: 0
235 Cal.App.3d 1016 (1991) 1 Cal. Rptr.2d 265 MARYLYN S. RICE, Plaintiff and Respondent, v. DEAN WITTER REYNOLDS, INC., et al., Defendants and Appellants; RONALD REINHOLD, Defendant and Respondent. RONALD REINHOLD, Cross-complainant and Respondent, v. DEAN WITTER REYNOLDS, INC., et al., Cross-defendants and Appellants. Docket Nos. A051808, A052638. Court of Appeals of California, First District, ...
Views: 1
Opinion —In these consolidated cases, we decide the issue of whether a trial court may lawfully give a statutorily classified “career criminal” an “indicated sentence.” We hold that the statutory scheme governing the prosecution of “career criminals,” Penal Code section 999b et seq., does not prohibit a trial court from indicating the sentence it will impose if a given set of facts is confirmed...
Views: 0
Opinion —This lengthy and acrimonious litigation involves the sale of the Rancho Las Palmas Shopping Center, a 165,472-square-foot commercial complex located in Rancho Mirage, California. Appellants Las Palmas Associates et al., built and sold the property to respondents Las Palmas Center Associates et al. When a dispute arose concerning their duty to guaranty the rents of two tenants, ap...
Views: 1
Opinion —Plaintiff National Solar Equipment Owners’ Association, Inc. (the Association), as a representative of its individual members, appeals from the trial court’s order denying class certification. Such an order is appealable. (Richmond v. Dart Industries, Inc. (1981) 29 Cal.3d 462, 470 [174 Cal.Rptr. 515, 629 P.2d 23].) We find the trial court erroneously relie...
Views: 0
*1290 Opinion —This is a petition for mandate or prohibition arising under the Uniform Child Custody Jurisdiction Act (UCCJA, Civ. Code, § 5150 et seq.) and raising questions of modification jurisdiction and personal jurisdiction over the out-of-state parent. The parties were divorced in Ohio. The Ohio court decree provided for child custody and support. The custodial parent...
Views: 0
Opinion Joan and David Ahem appeal from a judgment of dismissal entered after the trial court granted a motion for summary judgment. At issue is whether the terms of Insurance Code 1 section 11580.2 regarding mandatory uninsured motorist coverage apply to a policy issued to cover driving in Europe and North Africa. *40 Facts In September 1982, the Aherns, res...
Views: 1
*1313 Opinion —On this appeal we determine the sentence enhancement defined in Penal Code 1 section 186.22, subdivision (b), enacted as part of the Street Terrorism Enforcement and Prevention Act (the Act), is facially constitutional and constitutional as applied in this case. Factual and Procedural Background 2 On February 7, 1990, at about 5 p.m., Alberto R., a member of the 38th St...
Views: 0
Opinion —The respondent court granted real party’s petition to vacate an arbitration award in petitioners’ favor. Petitioners seek a writ of mandate directing the respondent court to vacate its order. Facts and Procedural History Petitioners (the Brinkers), New Jersey residents, filed an action in the New Jersey Superior Court, Chancery Division, for specific performance and dam...
Views: 0
Opinion —A jury found (1) that Richard Lee Parento had committed the felony of second degree burglary, (2) that he was legally sane at the time of the commission of that crime, and (3) that he had suffered the prior convictions and had served the separate prison terms alleged in the information filed against him. 1 Appellate counsel, pursuant to People v. Wende (1979) 25 Cal.3d 436 [158...
Views: 0
Opinion —Monette Kupiec argues the trial court erred in sustaining without leave to amend a general demurrer to her second amended complaint. That complaint sought damages from Landmark Insurance Company (Landmark) and American International Adjustment Company (American) and others for alleged tortious interference with an earlier insurance claim and civil action, intentional concealment ...
Views: 0
Opinion At a contested review hearing involving Lee G., who had been a dependent child of the juvenile court for 18 months, the attorney for Lee’s mother, Diane G., made an unnoticed oral motion to recuse the office of county counsel from representation of the petitioner in the dependency action, the department of social services (the Department). Since Diane was under an LPS conservatorship (Lan...
Views: 0
Opinion —Respondent, Robert Henry Schunk, was charged with possession of marijuana for sale (Health & Saf. Code, § 11359). On *1336April 18, 1990, through counsel, respondent filed a motion to suppress evidence pursuant to Penal Code section 1538.5. After several continuances because of respondent’s failure to appear at the suppression motion, the motion was denied by the trial court “without pre...
Views: 1
Opinion Plaintiffs John Walsh and Sydney Walsh appeal from the judgment in favor of defendant New West Federal Savings & Loan Association (New West). New West cross-appeals from the court’s denial of its motion for reasonable attorney’s fees pursuant to Civil Code section 1717. We affirm the judgment and reverse the order denying New West attorney’s fees. Factual and Procedural Backg...
Views: 0
Opinion —During an altercation, Fire Insurance Exchange’s insured, Michael Joseph Altieri, a minor, struck another minor, Greg Story, in the face. Story sued Altieri for damages for assault and battery and sued Altieri’s parents for negligent supervision. Pursuant to a stipulated judgment, Altieri and his parents were required to pay Story $310,000 for his injuries if their homeowner’s in...
Views: 1
*1346 Opinion —Raul Corona Cardenas appeals the judgment of the trial court denying his petition for writ of mandate. (Code Civ. Proc., 1 § 1085.) Appellant claims a writ should have issued to the sheriff ordering him to restore appellant to possession of certain real property because the sheriff wrongfully evicted him. Appellant contends his eviction was unlawful beca...
Views: 0
Opinion —In a proceeding initiated to obtain disability benefits by real party in interest Ed Gallegos, California Unemployment Insurance Appeals Board (Board) appeals from a judgment ordering issuance of a peremptory writ of mandate. The writ commands it to set aside a decision holding that Gallegos was an employee of Santa Cruz Transportation, Inc., doing business as Yellow Cab Company ...
Views: 0
Opinion I. Introduction In this case we affirm a $5,227,617 judgment in a class action which challenged Wells Fargo Bank’s assessment of fees against credit card customers who failed to make timely payments or exceeded their credit limits. *1389 We hold as follows: (1) although there is no right to a jury trial on an affirmative claim for relief from liquidated damages,...
Views: 1
Opinion —The defendant was convicted of robbery, a serious felony (Pen. Code, §§ 211, 1192.7, subd. (CX19) 1 ), and of attempting to dissuade the victim from testifying against him by threat of force or violence (§ 136.1, subds. (a), (b) and (c)(1)). He was also found to have prior convictions for assault with intent to commit robbery (§ 220), attempted rape (§§ 664/261, subd. ...
Views: 0
Opinion —Penal Code section 12022, subdivision (c) 1 provides that persons committing specified narcotics offenses who are “personally armed” shall have a three-, four-, or five-year enhancement to the term of imprisonment otherwise ordered. Kenneth Martin Pomilia was charged with an enumerated offense and this enhancement was alleged. On Pomilia’s motion the enhancement was st...
Views: 1
Opinion I. Introduction This case is a companion to Beasley v. Wells Fargo Bank, A048490, ante, page 1383 [1 Cal.Rptr.2d 446], in which we affirm a $5,227,617 judgment in a class action which challenged Wells Fargo Bank’s assessment of fees against credit card customers who failed to make timely payments or exceeded their credit limits. In the present...
Views: 0
Opinion —In this case we consider the right of parties having the physical custody of a minor to participate as de facto parents in the dispositional hearing phase of a dependent child proceeeding. Connie and Wayne S. appeal from a dispositional order of the juvenile court stemming from a hearing in which they were not allowed to participate as de facto parents. Appellants contend that the court ...
Views: 0
Opinion —Gerardo Angeles Romero appeals from an order denying his motion to modify or terminate probation and to obtain release from penalties. Factual and Procedural Background * On August 4, 1988, appellant pled guilty to one count of sexual battery (Pen. Code, § 243.4, subd. (a)). 1 On February 24, 1989, imposition of sentence was suspended and appellant was placed on probation for...
Views: 0
*1482Opinion —Canord Investment Company1 appeals from the trial court’s judgment which held, because respondent Pacific Bell’s telephone facilities were a permanent nuisance, plaintiff’s cause of action was barred by the three-year statute of limitations for a permanent nuisance/trespass. Plaintiff contends the nuisance was instead continuing and, therefore, its cause of action was not barred by t...
Views: 0
Opinion —Plaintiff/appellant Frances Snoke appeals a summary judgment in favor of defendant/respondent William B. Bolen, D.D.S., in her dental malpractice action. She challenges the trial court’s ruling that her action was barred by the statute of limitations. (Code Civ. Proc., § 340.5.) 1 Facts In November 1986 respondent Bolen, appellant’s dentist, referred her to Dr. ...
Views: 1
Opinion —We hold that Code of Civil Procedure section 583.340, subdivision (c) tolling includes the aggregate time a case is continued because of courtroom unavailability regardless of whether a reasonable time remains *1475to bring the action to trial before the expiration of the five-year limitation period.1 Dawn M. Chin appeals from an order dismissing her civil action for failure to bring the...
Views: 0
Opinion —Freva Short Dossman appeals her conviction by guilty plea of possession of marijuana for sale. (Health & Saf. Code, § 11359.) She contends the evidence supporting her conviction was the product of an unlawful search and seizure, and that the court erred in sentencing her to the upper term. We affirm. Procedural History Appellant was charged by complaint with possession ...
Views: 0
Opinion —Attorney Harold L. Collins (Collins) appeals from the trial court’s order awarding Attorney Thomas J. Miller (Miller) $1,500 in sanctions (Code Civ. Proc., §§ 128.5, 904.1, subd. (k)) 1 against Collins. Collins and Miller sought sanctions against each other in the underlying case. We reject Collins’s contention that the trial court should have awarded him sanctions aga...
Views: 0
Opinion —In this case we hold that when a law firm quotes specific hourly rates for the services of named attorneys to a prospective client who then agrees in writing to pay the firm’s “regular hourly rates,” the law firm cannot raise the rates charged by the named attorneys without first notifying the client. *1571 Kenneth W. and Myra Sue Bolinger appeal from a judgment in ...
Views: 0
Opinion The Board of Registered Nursing disciplined Audrey T. Morton for unprofessional conduct by revoking her license, staying revocation, and placing her on probation for one year, subject to ten enumerated terms and conditions. Morton challenged the discipline in a petition of writ of mandate to the superior court, ostensibly per Code of Civil Procedure section 1085. The board argued Morton...
Views: 1
Opinion —Appellant Thurston Sonrea Hollis was sentenced to 12 years in prison 'after a jury convicted him of violating Penal Code sections 245, subdivision (a)(1) (assault great bodily injury with a deadly weapon), 288a, subdivision (c) (forcible oral copulation), 261, subdivision (2) (forcible rape), and 289 (genital penetration by foreign object). He contends his conviction must be reversed b...
Views: 0
*Supp. 3Opinion —Appellant was convicted after jury trial of battery (Pen. Code, § 242) and assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). The main issue raised in this appeal is whether, as a matter of law, a dog may ever be considered a “deadly weapon or instrument,” within the meaning of Penal Code section 245, California’s statute proscribing assault with a deadly weapon.1 I O...
Views: 0
*1507 Opinion —The issue in this appeal is whether conviction of violating Vehicle Code section 20001, commonly referred to as “hit and run,” may justify a restitution order requiring the defendant to pay for the injury caused by the underlying accident. As we shall explain, we conclude that conviction of such offense alone is legally insufficient to support such an order. Facts Appella...
Views: 1
Opinion —The California Department of Motor Vehicles (DMV), appeals from judgment granting a writ of mandate. The trial court directed DMV to set aside its order suspending respondent Mark Anthony Payne’s (Payne) driving privilege for failure to submit to a blood, breath, or urine test as required by Vehicle Code section 13353, 1 the implied consent law. DMV contends Payne’s conduct constitut...
Views: 0
Opinion I. Introduction National Union Fire Insurance Company of Pittsburgh, Pa. (National) appeals from a superior court order denying National’s petition to confirm an arbitration award and awarding costs to the respondent, Stites Professional Law Corporation (Stites). The order is appealable pursuant to Code of Civil Procedure section 1294, subdivision (d). The trial court conclud...
Views: 0
Opinion —Thoi Thanh Vo appeals from a judgment denying his petition for a writ of administrative mandate (Code Civ. Proc., § 1094.5) after the California Board of Medical Quality Assurance (Medical Board) revoked his license to practice medicine. Appellant contends the judgment must be reversed because he did not receive proper notice of the administrative revocation hearing. We affirm. I Facts O...
Views: 1
Opinion —Plaintiff Charles Stephen brought this individual and purported class action against defendants Enterprise Rent-A-Car of San Francisco and others (collectively Enterprise) 1 seeking relief, on various theories, for alleged unconscionably high rates charged by Enterprise for a risk-allocation option called collision damage waiver (CDW) in its rental contracts. Stephen a...
Views: 0
235 Cal.App.3d 1621 (1991) 1 Cal. Rptr.2d 534 GARY J. KAZANJIAN, Plaintiff and Appellant, v. RANCHO ESTATES, LTD., et al., Defendants and Respondents. Docket No. D010325. Court of Appeals of California, Fourth District, Division One. November 19, 1991. *1623 COUNSEL Jones, Hatfield, Penfield, Barden & Finegold and Thomas E. Polakiewicz for Plaintiff and Appellant. Raffee, Edwards & Leutho...
Views: 0
Opinion —Wilma M. Rittenhouse (petitioner) is the administrator of the estate of Albert Leonard White (Albert). Petitioner moved in the superior court to quash several deposition subpoenas issued and served by real party in interest Leland Stanford Junior University (Stanford) seeking Albert’s medical records in the hands of hospitals and physicians. The motion to quash was denied. Petiti...
Views: 1
*1597 Opinion —In a medical malpractice action predicated upon delayed diagnosis and treatment of lung cancer, the jury rendered a verdict in favor of plaintiff Kenneth Dumas and against defendants David Cooney, M.D. and Alfred Spivack, M.D. It awarded plaintiff damages of $321,400. The trial court entered judgment accordingly, and defendants appeal. Defendants contend that the trial court er...
Views: 2
Opinion —The People appeal from the pretrial dismissal of this case, in which Robert Lee Griffin was charged with the 1980 murder of one of his fellow prison inmates at Chino’s California Institution for Men. *1742 Griffin was first tried and convicted for the killing several years ago, but this court reversed his first degree murder conviction due to jury instruction error....
Views: 0
Opinion In this case appellants Barbara Hoffman-Haag and John Haag argue that neither a motion for new trial under Code of Civil Procedure 1 section 657 nor a motion to vacate under section 663 may be based on a previously unasserted rule of law. In the particular circumstances presented here we reject their contention and affirm the judgment. Factual and Procedural Summar...
Views: 0
Opinion —Is the Federal Deposit Insurance Corporation (FDIC), acting as manager of the Federal Savings and Loan Insurance Corporation *1751 (FSLIC) Resolution Trust and receiver for an insolvent savings and loan, protected from a claim of fraud when the debtors have performed their obligations? Relying on D’Oench, Duhme & Co. v. Federal Deposit Ins. Corp. ...
Views: 0
Opinion —Defendant pled guilty to second degree murder and was sentenced to a term of 15 years to life. On appeal, she contends that the trial court erred in finding her statutorily ineligible for probation. We agree and therefore reverse. Facts 1 The body of Raul Contreras was found on December 17, 1989, by the side of a road in the unincorporated area near Hemet, California. He had been...
Views: 0
235 Cal.App.3d 1548 (1991) 1 Cal. Rptr.2d 507 THE PEOPLE, Plaintiff and Respondent, v. KENT JOHN BEGNAUD, Defendant and Appellant. Docket No. E009064. Court of Appeals of California, Fourth District, Division Two. November 15, 1991. *1550 COUNSEL John Ward and Eric Weaver, under appointments by the Court of Appeal, for Defendant and Appellant. Daniel E. Lungren, Attorney General, George Williamso...
Views: 2
*1498Opinion —Western Natural Rubber, Inc., Eberhard and Brigitte Kleinmann and Otto and Johanna Wittschier (referred to as “property owners”) appeal from that portion of the judgment of condemnation in which the trial court denied them relief on their cross-complaint for inverse condemnation. I Facts In March of 1987, the State of California (State) brought an eminent domain action to acquire cer...
Views: 0
Opinion —Brenda Procel (Procel) appeals from a preliminary injunction which restricts certain speech and activities. She contends that the injunction improperly interferes with her First Amendment rights. Facts Paradise Hills Associates (PHA) is the owner and developer of Paradise Hills Subdivision (Paradise Hills) in Colton. Paradise Hills consists of three phases. Phase 1 cont...
Views: 1
*153 Opinion Defendant Ann M. O’Neill appeals from summary judgment in favor of plaintiffs Joseph E. Di Loreto, Inc., a professional law corporation, and Joseph E. Di Loreto (Di Loreto) for the amount of $313,666.73 plus costs on Di Loreto’s claim against O’Neill for breach of a written employment agreement. Factual and Procedural Background We set out only the allegati...
Views: 0
Opinion In 1987, the governing board of the Milpitas Unified School District (District) passed two resolutions which authorized the levy of a “school facilities fee” of $1.50 per square foot on new residential development and $0.25 per square foot on new commercial and industrial development throughout the District. Developers were required to pay fees in those amounts to the District as ...
Views: 0
Opinion Introduction David Edwards appeals the judgment of the Alameda County Superior Court convicting him of violation of Health and Safety Code section 11370.1 (possession of half a gram or less of a substance containing cocaine base while in the immediate personal possession of a loaded firearm). His sole contention on appeal is that Health and Safety Code section 11370.1 denies equal p...
Views: 1
*205 Opinion In this case we confront a conundrum created by the interplay of various provisions of the Code of Civil Procedure governing the contents of complaints, the service of process, and the methods of obtaining a default judgment. Under the express statutory scheme, there is no provision for a defaulting defendant in a personal injury action who had been served by publica...
Views: 0
Opinion In this case we consider and reject a minor’s claim that the voluntariness of his confession should have been evaluated under a fundamentally different standard of proof than is applicable to adult criminal *72 defendants. We hold that in juvenile cases, as in prosecutions of adults, the People need only prove voluntariness by a preponderance of the evidence. Ave...
Views: 0
*192 Opinion Plaintiff Roger E. Stewart was horribly burned when the antenna he was installing on a roof came into contact with a high voltage wire, sending a surge of electricity through his body. In this action for strict liability, the plaintiff and his wife, Lora, claim the antenna was defectively insulated and failed to carry an adequate warning. But the manufacturer of the ...
Views: 0
Opinion * —The Marin Municipal Water District (the District) declared a water shortage emergency in its service area in 1989 and imposed a moratorium on new service connections, pending the development of new water supplies. Before imposing the moratorium, the District issued an environmental impact report (EIR) concluding that the proposed restriction would have no significant adv...
Views: 0
235 Cal.App.3d 1670 (1991) 1 Cal. Rptr.2d 778 THE PEOPLE, Plaintiff and Respondent, v. KENNETH JACKSON, JR., Defendant and Appellant. Docket No. A048169. Court of Appeals of California, First District, Division Four. November 20, 1991. *1673 COUNSEL Dale Dombkowski, under appointment by the Court of Appeal, for Defendant and Appellant. Daniel E. Lungren, Attorney General, George Williamson, Chief...
Views: 0
Opinion J.—Plaintiff appeals from the grant of defendants’ claim of statutory homestead exemption under Code of Civil Procedure section 704.720, subdivision (b). 1 Plaintiff contends defendants are not entitled to the statutory homestead exemption because the sale of defendants’ home under a power of sale in a deed of trust was not in execution of a money judgment, as required ...
Views: 1
Opinion I In this case we explore an employer’s duties under Labor Code section 2802, 1 which requires an employer to “indemnify” his or her employee “for all that the employee necessarily expends or loses in direct consequence of the discharge” of the employee’s duties. 2 As explained below, the employer’s duties include reimbursement of funds the employee “nec...
Views: 1
Opinion * —Appellants, Building Industry Association of Northern California (BIA), Perini Land and Development Company (Perini), and others, filed petitions for writs of mandate and for declaratory and injunctive relief, in which they sought to invalidate an ordinance adopted by respondent, the Marin Municipal Water District (the District), prohibiting new water connections in the District’s ...
Views: 1
Opinion In this case we hold that the “maintenance allowance” benefit provision created by workers’ compensation reform legislation does not apply retroactively to injuries which occurred before its effective date. Background Temporary disability indemnity (TD). Workers who are partially or totally temporarily disabled due to an industrial injury receive “temporary disabi...
Views: 0
Opinion Pursuant to a negotiated disposition, defendant and appellant Dennis V. McGuire (appellant) pleaded guilty in the municipal court to being an ex-felon in possession of a firearm (Pen. Code, § 12021). Two other charges and an allegation of a prior felony conviction were dismissed. A condition of the plea was that appellant would be sentenced to state prison for the lower term of 16 months. ...
Views: 0
Opinion Plaintiff L. Byron Culver & Associates (Culver) appeals a judgment barring recovery of a brokerage commission from a land sale. Culver contends the court erred in finding, after a nonjury trial, an agency relationship existed between Culver and defendant Jaoudi Industrial & Trading Corporation (Jaoudi Industrial) resulting in an undisclosed dual agency. Culver further contends eve...
Views: 0
*290 Opinion Introduction Defendant Anthony Louis King appeals following his convictions for the murders and robberies of Steve Patton and Raymond and Dawn Rogers. The crimes occurred over Labor Day weekend in 1987. Kenneth Bivert fired the shot which killed Steve Patton in the early morning hours on Sunday; both Bivert and defendant shot the Rogerses the following Tuesday. Defendant did no...
Views: 0
Opinion After a jury trial, appellant was convicted of unlawfully taking or driving an automobile (Veh. Code, § 10851) and resisting arrest (Pen. Code, § 148). The vehicle in question, a 1965 Volkswagen, was stolen from the front yard of the home of James Love in Santa Rosa on July 3, 1989. Appellant was found in possession of the vehicle when detained by the police the next day. Appellant testifi...
Views: 0
Opinion By a complaint filed on January 21, 1988, in the Superior Court of Contra Costa County, Michael S. Johnson (hereafter Johnson) and his wife, Minnie L. Johnson (hereafter collectively respondents), brought this action for personal injury and loss of consortium against Tosco Corporation (hereafter Tosco) and certain other defendants, who were later dismissed. The jury returned a spe...
Views: 0
Opinion In this case we hold that Probate Code sections 8465, subdivision (a) and 8402, subdivision (a)(4), preclude a decedent’s nonresident heirs from nominating the administrator of his estate. San Francisco Public Administrator Ricardo Hernandez appeals from a probate order naming Gene Marchi administrator of the estate of Otto Damskog. Damskog died intestate on August 9,1990, leaving as heir...
Views: 0
Opinion Petitioner (mother) challenges an order of respondent court denying her motion to stay or dismiss a child custody matter on inconvenient forum grounds. We conclude that, under the totality of circumstances before respondent court, the court did not abuse its discretion in retaining jurisdiction to modify its decree. *116 Petitioner and Kenneth W. Fieri (father), real party in intere...
Views: 0
Opinion The primary question presented is whether a concerted series of intermittent work stoppages by public employees can constitute an emergency which exempts the public agency employer from the “meet and confer” obligation imposed by the Meyers-Milias-Brown Act (Gov. Code, § 3500 et seq.). 1 Our answer is yes. Background In the summer of 1989, the County of Sonoma...
Views: 0
Opinion A jury convicted George Barney Cumpian (defendant) of second degree robbery, and, in a bifurcated court trial after a jury waiver, the court found that he had suffered a prior term of imprisonment pursuant to Penal Code section 667.5, subdivision (b). 1 He was sentenced to prison for the midterm of three years for the robbery, with a consecutive term of one year for the...
Views: 0
Opinion The trial court granted respondent’s petition for a writ of mandate after concluding that the Public Employees’ Retirement Law (Gov. *145 Code, § 20000 et seq.) required that respondent be reclassified as a “safety member” of the retirement system. Our reading of the applicable statutes leads us to the conclusion that respondent is not entitled to reclassification. Accordingly, we rev...
Views: 1
*321Opinion Statement of the Case Defendant Mark Carlton Anderson appeals from a judgment entered after he pled guilty to driving under the influence (DUI) and driving with a suspended license. (Veh. Code, §§ 23152, subd. (a) and 14601.2, subd. (a).)1 Pursuant to his plea bargain, defendant moved to strike an alleged 1987 DUI conviction on the ground that the underlying guilty plea was obtained ...
Views: 1
Opinion Gregorio C. Funtanilla appeals his conviction by jury trial of rape in concert (Pen. Code, § 264.1) 1 and two counts of oral copulation in concert. (§ 288a, subd. (d).) He challenges firearm use enhancements (§ 12022.3, subd. (a)) to the rape in concert conviction and to other counts of which he was convicted but does not appeal. He also asserts instructional and sentencing error and ...
Views: 0
Opinion The superior court suppressed evidence found in respondent Edward Dewayne Snead’s hotel room and dismissed the criminal charges against Snead for possession of illegal drugs with intent to sell. The People appeal, arguing the warrantless entry of respondent’s hotel room by police in response to a “911” emergency assistance call reporting an accidental stabbing was justified by exi...
Views: 1
*346 Opinion The State Franchise Tax Board (Board) appeals from the trial court’s summary judgment directing that it refund additional franchise taxes and interest paid by Dental Insurance Consultants, Inc., (DIC) for the tax years 1980, 1981, and 1982. The court determined that DIC and its wholly owned subsidiary D.I.C. Farms, Inc., (Farms) were engaged in a unitary enterprise a...
Views: 0
The taxability of possessory interests in real property, the fee of which is owned by tax-exempt entities, is well established. The evolution of the definition of a taxable “possessory interest” is set forth in a short but effective historical review in Freeman v. County of Fresno (1981) 126 Cal.App.3d 459, 462-464 [178 Cal.Rptr. 764], and described as a “protax trend.” (Id. at p. 463.) Ehraian an...
Views: 0
Opinion Introduction Michael Shorr appeals from an order sustaining a demurrer to his first amended cross-complaint for malicious prosecution. The order was sustained with 10 days leave to amend. Appellant prematurely filed notice of appeal. Subsequent to the filing of the notice of appeal, a judgment of dismissal was *252 entered on the action for plaintiff’s failure to...
Views: 0
Opinion Appellant Demeitrus Frank Bailey was charged by information and convicted by jury of possession of “rock cocaine” for sale (Health & Saf. Code,1 § 11351.5). Appellant admitted two Penal Code section 667.5, subdivision (b) prior prison term allegations and was sentenced to six years in prison. Relying on our recent decision in People v. Adams (1990) 220 Cal.App.3d 680 [269 Cal.Rptr. 479], ...
Views: 0
Opinion An information filed May 3, 1990, charged Charles S. Heston with “Violation of Sections 211/212.5(b) of the Penal Code, a felony. The said defendant, on or about March 19, 1990, did willfully and unlawfully aid and abet in the robbery of Steve Murphy.” The information further alleged that in the commission of this offense, Heston (1) “furnished Armando Avina with a firearm for the...
Views: 0
Opinion This is an appeal from a judgment denying appellants’ petition for writ of mandate to compel respondent Director of Development for the City of Fresno (Director) to issue permits to erect freestanding signs on the premises of the Rodway Auto Center. BR Enterprises (BR), a California general partnership, and Shasta Enterprises (Shasta), a California general partnership, are re...
Views: 1
*558 Opinion Appellant Marilyn Marks argues that she is entitled to bring this wrongful death action for the alleged murder of her granddaughter by the child’s mother. We disagree in this case of first impression. Appellant is only a potential heir of the decedent under the California intestate succession scheme. The alleged murderer is the decedent’s sole heir and, as such, is the only per...
Views: 0
Opinion This appeal concerns the proof of a person’s blood-alcohol concentration needed to sustain an “administrative per se” suspension of that person’s license to drive. Before reciting the particulars of the instant case, we synopsize, in relevant part, the statutory scheme involved. A law went into effect on July 1, 1990, authorizing the Department of Motor Vehicles (DMV) to revo...
Views: 0
Opinion In this matter certified from the appellate department of the San Diego County Superior Court, the County of San Diego (the County) appeals a municipal court order dismissing its complaint under Health and Safety Code 1 section 1428, subdivision (c), against the State of California Department of Health Services (Department) to perfect a judicial appeal of a decision at a citation revi...
Views: 0
Opinion Defendant Carrea Christopher, Jr., appeals from a judgment of conviction after a jury found him guilty of possessing cocaine. (Health & *669 Saf. Code, § 11350, subd. (a).) His sole appellate argument is the court erred in finding the prosecutor’s peremptory challenge of the only African-American prospective juror did not constitute a prima facie case of group bias. W...
Views: 0
Opinion Ersa Grae Corporation sued Fluor Corporation for damages for breach of a contract to transfer real property to Ersa Grae. Fluor defended by asserting, among other things, that no contract was formed because all offers had been revoked before Ersa Grae accepted. In a bifurcated trial, a jury found the parties had an enforceable contract and, thereafter, a second jury awarded $13 mi...
Views: 0
Opinion Defendant Jimmy Lee Jackson appeals from the judgment entered following a jury trial that resulted in his conviction of attempted residential burglary. (Pen. Code, §§ 664/459.) He contends: “I. The failure to suppress the photographic lineup is ineffective assistance of counsel, as [defendant] was denied due process by the suggestiveness of the photographic lineup. II. The trial court c...
Views: 1
Opinion Lusardi Construction Company appeals from a judgment denying its petition for a writ of mandate to set aside the decision of the Occupational Safety and Health Appeals Board (the Board) affirming a citation for a serious violation of a safety order. The Board cross-appeals from the trial court’s memorandum and order, seeking to overturn the trial court’s interpretation of a safety order, ...
Views: 0
Opinion Introduction Appellant Wells Fargo Bank, N.A. (Wells Fargo), the testamentary trustee of several trusts created under the will of Abraham L. Gump from December 11, 1969, to July 17, 1979, appeals from the judgment settling the ninth, tenth and supplemental accounts and reports of the trustee.1 The judgment disallowed tiie bulk of Wells Fargo’s requested compensation, including reimburse...
Views: 0
Opinion Donna Seaber, the surviving wife of Harry Seaber, and their three children appeal a summary judgment entered in favor of Hotel Del Coronado (Hotel) on their wrongful death action arising from a pedestrian/vehicular accident which resulted in the death of pedestrian Harry Seaber. He was killed when he was struck in a marked crosswalk on Orange Avenue, adjacent to the Hotel’s proper...
Views: 0
Opinion The City of Buena Park (collectively, the City) and Kevin O’Rourke appeal from the grant of a petition for writ of mandate compelling the City to reinstate George F. Mahler to his position as fire captain. Additionally, Mahler was to receive full salary and all applicable benefits, and be allowed to defer his retirement until he exhausted all his accrued benefits as well as those benefi...
Views: 0
Opinion Patrick Duane Murphy (driver) claims it is unconstitutionally unfair that he faces a four-month suspension of his driver’s license by the Department of Motor Vehicles (DMV) for his first drunk driving offense when he would face only a one-month suspension followed by a five-month restriction if he had a commercial driver’s license. The superior court agreed, finding this legislative dis...
Views: 1
Opinion By jury trial appellant George Vallejo was convicted of one count of grand theft auto and one count of hit-and-run driving. (Pen. Code, former § 487, subd. 3; Veh. Code, § 20002, subd. (a).) By nonjury trial he was found to have served three prior prison terms. (Pen. Code, § 667.5, subd. (b).) He was sentenced to state prison for an upper term of three years for grand theft auto and a c...
Views: 0
Opinion I. Introduction Defendant James Hawkins II appeals his conviction of voluntary manslaughter after he shot a member of the Bounty Hunter gang on September 11,1983. Defendant received a 28-year sentence and raises numerous contentions. In the published portion of the opinion, we will discuss why the enhancement for a serious prior felony conviction pursuant to Penal Code sectio...
Views: 2
Opinion This is an appeal from an order of the juvenile court adjudging Rocco M. a dependent child as described in Welfare and Institutions Code section 300,1 subdivision (b). Rocco’s mother, Catherine R, challenges the order on the grounds that (1) the court improperly took *817judicial notice of its file in previous proceedings concerning Rocco; and (2) the evidence was insufficient to support t...
Views: 0
Opinion The present appeal is a successor to a previous decision by this court (Div. Two) in Chicago Title Ins. Co. v. Superior Court (1985) 174 Cal.App.3d 1142 [220 Cal.Rptr. 507]. In this appeal, we will affirm decisions of the trial court which held (1) California Canadian Bank (the Bank) failed to timely return certain dishonored checks before the relevant “midni...
Views: 0
*734 Opinion Appellants, Anton Ostermeier and West Coast Car Sales, appeal from a judgment entered on a jury verdict awarding respondents rescission on a car sales contract of $24,354 and awarding compensatory damages of $10,624 on the fraud cause of action as well as $187,000 in punitive damages. Appellants attack the amount of punitive damages as excessive as a matter of law. T...
Views: 1
Opinion Appellant, Nora F. Farlice, appeals from a judgment entered on a jury verdict claiming the award of compensatory damages of $10,000 for the false imprisonment of respondent Lynell Washington was unsupported by the evidence. Appellant also contends the $50,000 award of punitive damages is excessive as a matter of law. We conclude the compensatory damage award is supported by substa...
Views: 0
*781 Opinion Statement of the Case This case involves the killing of a small child by Willy, a pit bull owned by defendant Michael Patrick Berry. Defendant appeals from a judgment entered after a jury found him guilty of involuntary manslaughter, keeping a mischievous animal, keeping a fighting dog, and cultivating marijuana. (Pen. Code, §§ 192, subd. (b), 399, and 597.5...
Views: 0
Opinion In this case the trial court dismissed the plaintiff’s discrimination lawsuit because the plaintiff had previously executed a workers’ compensation release. We reverse because the record does not establish as a matter of law that the release covered plaintiff’s discrimination claims. We also find plaintiff has the right to a jury trial on his claims. Factual and Procedural Su...
Views: 0
Opinion Introduction In this case a prospective purchaser of real property submitted a sealed bid which stated he would pay “$1,000 more than any other sealed bid.” Although such bids have been severely criticized, as we explain in greater detail below, the record here is not sufficient to determine whether the bid submitted in this case was fatally defective. Factual and Proced...
Views: 0
Opinion An information filed in respondent superior court charges that “On or about October 21, 1990” petitioners violated “Penal Code Section 278.5(b).” 1 Petitioners (defendants) seek a writ of prohibition restraining further prosecution (Pen. Code, § 999a) after the superior court denied their motion to dismiss on the ground that the preliminary hearing evidence does not support the charge...
Views: 1
Opinion I Introduction The Ross family owns a 1.117-acre lot in Yorba Linda which is virtually surrounded by parcels of lesser size. At present, the property is zoned to allow only one dwelling per acre. If, however, the lot were rezoned to the zoning category to which most of the surrounding lots conform, the Rosses *958 could build another house on the property. T...
Views: 0
Opinion On January 11, 1989, defendant Steve Burkett committed numerous sexually assaultive acts upon Darla F. after he had gained entrance into her home under false pretenses. An eight-count complaint was filed as a result of this incident. Count three alleged defendant raped (Pen. Code, § 261, subd. 2) 1 Darla F. This count further alleged defendant was a habitual criminal and subject to pu...
Views: 1
Opinion Plaintiff the Stevens Group Fund IV, a general partnership, brought this action for breach of contract for the sale of real property against defendants Sobrato Development Company No. 810 et al. 1 The jury returned a verdict in favor of plaintiff, but awarded no damages, implicitly finding the fair market value of the property did not exceed the contract price. The tria...
Views: 0
*902 Opinion Appellant Robert Michael Mills was charged by information with murder (Pen. Code 1 , § 187), corporal injury to a child (§ 273d), and child abuse (§ 273a, subd. (1)). In connection with the murder charge, it was alleged that Mills inflicted great bodily injury (§ 1203.075). The corporal injury charge alleged that Mills inflicted great bodily injury with serious felony consequen...
Views: 1
Opinion Plaintiffs and appellants Diana L. Guido and Donald Schwartz, a married couple, appeal from a summary judgment, enforcing a release from all liability, in favor of defendant and respondent Charles Koopman, doing business as The Academy of Equestrian Arts (the Academy). Appellants contend the release is unenforceable because it was executed in reliance on respondent’s misrepresenta...
Views: 0
Opinion Defendant/appellant State Board of Equalization appeals a summary judgment in favor of plaintiff/respondent GTE Sprint Communications Corporation in respondent’s action for refund of surcharges paid pursuant to the California Emergency Telephone Users Surcharge Law (the Act). (Rev. & Tax. Code, § 41001 et seq.) 1 Appellant contends the court erred in determining respond...
Views: 0
Opinion The People appeal from the order granting respondent Peter Coll Roa’s petition for writ of habeas corpus after the trial court found that extension of respondent’s parole was unlawful. The People contend, among other things, that the superior court misconstrued Penal Code section 3001, subdivision (a). Roa was not automatically discharged from parole because of the failure to provide ...
Views: 0
Opinion Defendant Mark Shane Lashley was convicted in a court trial of attempted murder (Pen. Code 1 , §§ 187, subd. (a), 664), assault with a firearm (§ 245, subd. (a)(2)), civil rights violations (§§ 422.6, 422.7), and brandishing a weapon (§ 417, subd. (a)(2)). Enhancement allegations for personal use of a firearm and intentional infliction of great bodily injury during the ...
Views: 0
Opinion Petitioner (defendant) seeks a writ of mandate commanding the respondent superior court to order the magistrate, a judge of the municipal court, to direct the People to conduct a “voice-only” lineup to ascertain if the victim of crimes charged against defendant can identify her assailant’s voice from among the voices of defendant and others. We shall hold that it is within the dis...
Views: 0
The trial court sustained demurrers to Harold Nowlon’s first amended complaint without leave to amend. We conclude that Nowlon should be permitted to amend the complaint and reverse. Facts Nowlon alleges that he was injured when he slipped and fell at his place of employment. He theorizes that his fall was caused by the negligent acts of Western Building Cleaning Company (Western), which is n...
Views: 0
Defendant Randy Steven Kirkpatrick appeals from the judgment of conviction entered after a jury found him guilty as charged of possessing more than 57 grams of cocaine for sale. (Health & Saf. Code, § 11351; Pen. Code, § 1203.073, subd. (b).) Background * VII Defendant claims that a resentencing imposed by the trial court was in excess of its jurisdiction. The problem aro...
Views: 0
Opinion David Wayne Viers appeals his conviction for transportation of a controlled substance and possession of a concealed weapon, contending his motion to suppress evidence was improperly denied. We affirm. Detectives Shovlin and Peterson received information possible narcotics activity was taking place at the Roadway Inn. The motel manager informed them two separate rooms were receiving nu...
Views: 0
Opinion The sole issue presented by this appeal is whether the burden of proof borne by a defendant moving to withdraw his plea of guilty pursuant to Penal Code section 1018, prior to pronouncement of judgment, is *1455by the standard of clear and convincing evidence or by a preponderance of the evidence. Finding that the trial court properly denied the motion to withdraw the plea of guilty using ...
Views: 0
Opinion This is an appeal from a judgment (orders of dismissal) following two orders sustaining, without leave to amend, two separate demurrers to appellants’ second amended complaint. That complaint sought over $2 million in damages in connection with the dissipation of assets of a testamentary trust through improper and imprudent investments by the former trustees of the trust, together...
Views: 2
Opinion Terry Gregory Weddle (defendant) was convicted after a jury trial of first degree murder, second degree burglary, and two counts of felony hit and run. In a bifurcated court trial, three prior terms of imprisonment were found to be true. He was sentenced to an indeterminate term of twenty-five years to life for the murder plus three consecutive one-year terms for the priors. Sente...
Views: 1
Opinion Oscar Karrin et al. (Karrin), tenants of defendant Ocean-Aire Mobile Home Estates et al. (Ocean-Aire), appeal from the judgment upholding the validity of a monthly capital improvement assessment charged by Ocean-Aire for the repavement of roads within the park. This fee was assessed pursuant to ordinance number 2064 of the City of Oxnard “establishing a mobilehome park rent stabil...
Views: 0
Opinion In this original proceeding we are asked to review the decision of the trial court, upholding the action of real party City of Riverside (City) in refusing to place a citizens’ initiative on the ballot. The trial court ruled that the proposed initiative was constitutionally defective and also represented an impermissible effort to amend the City’s charter by ordinance. We agree on...
Views: 1
Opinion Appellants David Costa and Deanna Costa appeal from their convictions, after a jury trial, of knowingly making their home available for the manufacturing of a controlled substance for sale or distribution (Health and Saf. Code, § 11366.5, subd. (a)) and David Costa’s conviction of manufacturing amphetamine (Health and Saf. Code, § 11379.6). 1 On appeal, they contend that the prosecuti...
Views: 0
Opinion The primary issue raised on appeal by the appellant (Holt) in this case is whether he was acting within the course and scope of his employment by respondent (Booth) when he (Holt) negligently injured a third party. We will conclude that there is sufficient evidence to support the judgment entered below to the effect that Holt was not acting within the course and scope of his employment ...
Views: 0
Opinion Eleven supervisory land surveyors employed by the State of California Resources Agency (Resources Agency) 1 filed a petition for writ of mandate in superior court to compel the Resources Agency and Department of Personnel Administration (DPA) to make salaries for surveyors in the land surveyor classification comparable to salaries for surveyors classed as boundary deter...
Views: 0
Opinion Buyer agreed to purchase a shopping center from Seller but later changed his mind. Buyer’s real estate broker sued Buyer for his commission. Broker was awarded judgment in the amount of $10,000. Both Buyer and Broker appeal. 1 We modify the judgment to increase the amount recovered by Broker to $100,000, and remand the matter to the trial court to determine the issue of...
Views: 1
Opinion Summary The People appeal after the trial court granted an automatic motion to modify the jury’s verdict of death to one of life without possibility of parole. *1595 (Pen. Code, § 190.4, subd. (e), hereafter, § 190.4(e).) In ruling on the motion tiie judge compared the facts of the present case with the facts of other capital cases he had heard in which the death penalty had been ...
Views: 0
1 Cal.App.4th 1544 (1991) 3 Cal. Rptr.2d 21 EVELIA JAUREGUI, Plaintiff and Appellant, v. MID-CENTURY INSURANCE COMPANY, Defendant and Respondent. Docket No. C007050. Court of Appeals of California, Third District. December 23, 1991. *1546 COUNSEL Brislain, Zink & Lenzi and Albert J. Lenzi, Jr., for Plaintiff and Appellant. Kroloff, Belcher, Smart, Perry & Christopherson and Randy Lockwood...
Views: 0
Opinion Appellant Albert P. Guilmette was sentenced to an aggregate state prison term of 25 years following his convictions of burglary, 2 counts of rape, assault with a deadly weapon, and false imprisonment, with weapon use enhancements and prior convictions being found true. He appeals, contending (1) that the trial court erred in admitting his postarrest telephone conversation with the victi...
Views: 0
Opinion Stephen Bischel sued Fire Insurance Exchange (Exchange) for breach of cont act and insurance bad faith stemming from a claim under his homeowners insurance policy for damage to the boat dock adjacent to his home. Exchange paid policy benefits to rebuild the dock to its preloss condition, but refused to pay additional benefits to rebuild the dock to upgraded municipal code standard...
Views: 1
Opinion This appeal presents an issue of first impression in California: whether the Sales and Use Tax Law applies to receipts from the furnishing of paging devices in conjunction with telephone paging services. We conclude it does not. Facts During the years involved in this appeal, 1974-1981, MCI Airsignal, Inc., (hereafter MCI) was in the business of providing telephone pagin...
Views: 0
*1087 Opinion The trial court found attorney and former Alcoholic Beverage Control Investigator Thomas Anderson conspired to violate state liquor laws (Bus. & Prof. Code, § 24079 [transfer of restricted liquor license for consideration in excess of statutory amount]; Pen. Code, § 182, subds. (a)(1), (5)). Anderson argues Orange County was an improper venue, section 24079 is not a...
Views: 2
Opinion Plaintiff Meredith Miller appeals from summary judgment granted in favor of defendant Lakeside Village Condominium Association, Inc. (Lakeside Village) on plaintiff’s fourth amended complaint for damages for personal injuries allegedly caused by defendant’s negligence in failing to repair and maintain the plumbing system in plaintiff’s condominium.1 The primary question on appeal is wheth...
Views: 0
Opinion Defendant was charged with cocaine possession. (Health & Saf. Code, § 11350.) After the magistrate granted defendant’s motion to suppress at the preliminary hearing, the superior court granted the People’s motion to reinstate the complaint. Eventually, defendant succeeded in convincing the superior court to grant his consolidated motion to suppress and motion to set aside the info...
Views: 0
Opinion Appellant, Shuwa Investments Corporation (Shuwa), appeals from a summary judgment in favor of defendant and respondent County of Los Angeles (County), denying its claim for partial refund of property taxes. The ultimate issue in this appeal is whether Shuwa’s acquisition of the ARCO Plaza office building complex in downtown Los Angeles resulted in a 50 percent “change of ownership...
Views: 0
Opinion We address the question of whether a court has jurisdiction to grant summary judgment or summary adjudication when the defendant presents a valid defense. Between 1939 and 1991 the answer was clear and affirmative. In 1990, the Legislature amended the summary judgment statute to solve different problems and in the process cast doubt upon well-established law. We grant a writ of ma...
Views: 0
*1667 Opinion Following the denial of his motion to suppress evidence (Pen. Code, § 1538.5), a jury convicted defendant of possession of oxycodone (percodan) (Health & Saf. Code, § 11350; count I), possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count II), and driving with a suspended license (Veh. Code, § 14601.1, subd. (a)). Sentenced to state prison...
Views: 3
Opinion Petitioner (applicant) seeks review of an opinion and order of respondent Workers’ Compensation Appeals Board (Board), We *1660 shall hold that a petition for writ of review filed more than 45 days after the Board’s denial of reconsideration is jurisdictionally untimely. Accordingly, we shall dismiss the instant petition. Labor Code section 5950 provides in pert...
Views: 0
Opinion Following an unsuccessful settlement conference, the trial court transferred this action from the superior court to the municipal court under the authority of Code of Civil Procedure section 396. 1 The basis for the order was the trial court’s finding that plaintiff was “unlikely” to recover damages in excess of $25,000, and that the matter was therefore within the excl...
Views: 1
Opinion Introduction Defendant and appellant Bonyan Salami (Salami) appeals the judgment in an action in eminent domain by the People of the State of California (State), awarding him $940,000 for his property taken for construction of the Century Freeway. Salami contends the trial court erred in instructing the jury on the burden of proof on the issue of goodwill. He also contends, for the ...
Views: 0
*1523 Opinion A landlord may not terminate a tenant’s occupancy of his or her residence under a lease by shutting off the utility services. (Civ. Code, 1 § 789.3.) We hold that a tenant need not live in the premises full-time in order to be a resident. Here the owner of a mobilehome in Santa Barbara moved to Nevada but continued to pay rent for the space in which her mobilehome was loca...
Views: 1
Opinion Introduction In this case we face a variation on the recurrent theme of executive agencies seeking to implement “house rules” unfettered by any outside constraints—rules sometimes called “underground regulations.” (See Armistead v. State Personnel Board (1978) 22 Cal.3d 198, 205 [149 Cal.Rptr. 1, 583 P.2d 744]; Grier v. Kizer (1990)...
Views: 0
*30 Opinion Introduction Defendant and appellant Thomas E. Gabele (Gabele) appeals the judgment in favor of plaintiff and respondent the Earl of Loveless, Inc. (Loveless) on a promissory note. Gabele contends Loveless failed to provide notice required by the California Uniform Commercial Code prior to the sale of collateral seeming the note, precluding recovery of a def...
Views: 0
Opinion In this case we consider whether a secured note providing for interest at a rate of 200 percent per annum is unconscionable. In the circumstances presented here, we conclude that it is. I Facts The evidence at trial established that on July 27, 1988, George Arrospide, Jr., signed a $4,000 note and deed of trust on behalf of his father, Jorge Arrospide, Sr., as his a...
Views: 3
Opinion In 1908 and 1916 respectively, Mrs. Elizabeth Kraft and her son, Edward Kraft, granted to the City of Red Bluff certain properties to be used as a library. In 1986, the books were removed from the library building. Herbert Kraft Walton, a descendant and heir of the donors, filed suit seeking reconveyance of the property to him pursuant to the original grants which provided for rev...
Views: 0
Opinion Susan, Douglas, and Marcus A. appeal from the trial court’s grant of summary judgment in favor of respondents John Watts Podboy and the County of Sonoma (County) on appellants’ complaint for breach of confidence, invasion of privacy, public disclosure of private facts, false light, defamation, intentional infliction of emotional distress, and negligence. They contend that the tria...
Views: 1
*111 Opinion The Department of Motor Vehicles (DMV) appeals a superior court judgment issuing a writ directing DMV to vacate its order revoking respondent’s driving privilege for a period of three years. We affirm. Facts Respondent Carlos Villa Zapata was arrested for driving under the influence of alcohol on January 19, 1990. He was charged by criminal complaint filed in the San Francisc...
Views: 0
Opinion We affirm the judgment finding defendant Teodoso Figueroa Ventura guilty of various narcotics violations. Background After arresting defendant in his car and recovering cocaine and heroin, sheriff’s deputies served a search warrant on a garage apartment rented by defendant. There they found cocaine, heroin, narcotics paraphernalia, and a book with notations indicating that the locat...
Views: 1
*156 Opinion Statement of the Case Plaintiff Ceil Tarmann appeals from a judgment entered after the trial court sustained without leave to amend defendant State Farm Mutual Automobile Insurance Company’s (State Farm) demurrer to Tarmann’s fifth amended complaint. She claims her complaint sufficiently pled causes of action for fraud and negligent misrepresentation. We dis...
Views: 2
Opinion I. Introduction Plaintiff Raylene Hair, the holder of a winning California lottery ticket, brought this action for declaratory relief and to recover damages from defendants State of California and California State Lottery Commission. She claims she is entitled to payment of $900,000 over a 10-year, rather than an 18-year period. The trial court granted defendants’ mot...
Views: 0
Opinion California Energy Resources Conservation and Development Commission (Energy Commission) appeals from the judgment ordering the issuance of a peremptory writ of mandate commanding the Energy *211 Commission to cease its exercise of certification jurisdiction over the Harbor Generating Station Repowering Project. We affirm the judgment. Facts and Procedural Backgro...
Views: 0
Opinion Appellant Bobby Anthony Simpson appeals after a court trial from which he was convicted of one count of murder with special circumstances, two counts of robbery, and two counts of burglary. Additionally, the trial court found that in the commission of those crimes, appellant personally used a knife. Issues The contentions on appeal are that (1) the trial court erred in failing to su...
Views: 2
Opinion Plaintiff appeals from judgment entered following the trial court’s grant of defendants’ motion for summary judgment in plaintiff’s action to quiet title to real property and for declaratory and injunctive relief. On appeal plaintiff contends that there are disputed issues of material fact with regard to enforcement of an agreement entered into between plaintiff and a third party ...
Views: 0
Opinion Does the superior court retain jurisdiction to dismiss litigation for failure to diligently prosecute (Code Civ. Proc., §§ 583.410, 583.420) after submission of the cause to judicial arbitration? Yes. I Hye Cha Ice filed a tort action against Mary Nanfito on August 26, 1986. The at-issue memorandum did not follow until June 1991, two months before the lawsuit’s f...
Views: 1
Opinion Pedro P. and Teresa M., the parents of Rubin P., have separately appealed from orders terminating their parental rights. We conclude the failure to hold a hearing under Welfare and Institutions Code section 366.22, subdivision (a) 1 deprived them of due process and requires that the findings terminating their parental rights be reversed. Facts On May 19, 1989, respondent filed a p...
Views: 1
Opinion On November 4,1984, University of California at Berkeley (U.C. Berkeley) undergraduates Bradley Nelson Page, his girlfriend, Roberta “Bibi” Lee, and their friend, Robin Shaw, went jogging together in the Oakland hills. During the run, Bibi Lee became separated from the other two joggers and disappeared. Her disappearance and the ensuing search became a cause celebre in the local media. ...
Views: 1
Opinion This is a “bad faith” action by an insured against its insurer for breach of contract and breach of the covenant of good faith and fair dealing. The trial court entered judgment in favor of defendant and respondent State Farm Fire and Casualty Company. Plaintiffs Stephen Blanchard and Blanchard Construction Company, Inc., appeal from the judgment. The present action involves ...
Views: 0
Opinion This case arose out of the events surrounding the November 7, 1989, General Election in San Francisco. One of the ballot issues, Measure P, proposed the construction of a ballpark in the China Basin area of San Francisco. A related ballot issue, Measure V, proposed improvement of the existing local stadium, Candlestick Park. On November 2 and 3, 1989, thousands of copies of two political m...
Views: 0
I concur that the decision of the lower court should be affirmed pursuant to Associated Truck Parts, Inc. v. Superior Court (1991) 228 Cal.App.3d 864 [279 Cal.Rptr. 76]. In the light of that decision, a discussion of whether the legend on the back of the check constituted compliance with the notice requirement of Insurance Code section 11583 constitutes dictum. To whatever extent such dictum may n...
Views: 0
Opinion Statement of Facts On January 16, 1990, San Francisco Police Officer Carlos Racinos arrested appellant for carrying a concealed weapon in a Zim’s Restaurant (hereafter Zim’s). The People charged appellant with violating Penal Code sections 12025, subdivision (b) (carrying certain firearms without license); *Supp. 1712031, subdivision (a) (carrying loaded firearm in public place or on publi...
Views: 0
Opinion In this case, we hold that a violation of Business and Professions Code section 7028 is not, as a matter of law, a victimless crime. Rather, whether there is a victim of the crime is a question of fact to be determined through an evaluation by the trial court of the individualized facts of each case. History Respondent Clifton E. Hays entered a plea of guilty to the charge of engaging in ...
Views: 0
*396 Opinion In what is fundamentally an action for damages for wrongful constructive termination of employment, plaintiff appeals from summary judgment in favor of defendants. Factual and Procedural Background Plaintiff’s second amended complaint (complaint) contained causes of action for age discrimination (Gov. Code, § 12940 et seq.), sex discrimination (ibid.)...
Views: 2
*541Opinion Chai R. appeals an order establishing long-term foster care for her children Misako and iy1 and terminating reunification services for Misako, Ty, and Minna. We affirm. Facts and Procedure Chai R. was bom and raised in Korea. She is illiterate in both English and Korean, although she can write her name in Korean. She completed only two or three years of schooling in Korea. Tests by a c...
Views: 0
Opinion This is an appeal by the People from an order granting defendant Keith Richmond’s motion for a new trial on the grounds of instructional error (Pen. Code, § 1238, subd. (a)(3)). The People contend that the trial court erroneously concluded that it should have instmcted the jury on assault with a deadly weapon as a lesser included offense of attempted murder with the use of a deadl...
Views: 1
Opinion Defendant and appellant Laura Onate (Onate) appeals a judgment in favor of plaintiff and respondent Real Estate Commissioner of the State of California (the Commissioner). 1 The essential issue presented is whether Onate, a real estate licensee, is an aggrieved person so as to be entitled to payment from the Recovery Account. Because Onate is not within the class...
Views: 1
Opinion Petitioner Ernest W. Hahn, Inc., doing business as The Hahn Company, and Horton Plaza Associates (collectively Hahn) seek a peremp *1450 tory writ of mandamus to compel the court to vacate its order denying Hahn’s demurrer to Robert A. Martin (Martin) and Clifton J. Rogers’s (Rogers) cause of action for strict liability. Because we conclude a strict liability theory is inapplicable to...
Views: 0
Opinion Pursuant to Insurance Code section 11580, Harold B. Rose and Eleanor Rose sued Royal Insurance Company of America as judgment creditors of Norman Hahn and Jean Hahn, who were insured under a policy of liability insurance issued by it. Plaintiffs appeal from judgment of dismissal entered after the trial court sustained defendant’s demurrer to the first amended complaint without lea...
Views: 1
*724 Opinion Introduction Association for the Protection of Environmental Values in Ukiah (Association) appeals the judgment of the Mendocino County Superior Court denying Association’s petition for a peremptory writ of mandate and permanent injunction compelling respondent City of Ukiah (City) to rescind its determination that a residence built by real parties in intere...
Views: 2
Opinion Twelve-year-old Thomas R. appeals from a judgment declaring him to be a ward of the juvenile court, contending that the court’s restitution order is ambiguous and that reversal and remand for imposition of an order specifying the amount to be paid to the victim are needed. The People originally agreed that the trial court should have set the amount of restitution and had “no objection t...
Views: 0
Opinion Statement of Facts On September 22,1990, San Francisco Police Sergeant John Haggett (Sgt. Haggett) stopped appellant on Gilman Street in San Francisco in response to *Supp. 4a radio dispatch regarding a shooting in the Double Rock Projects. The person injured in the shooting identified appellant as the woman who had shot at him. Sgt. Haggett advised appellant of her Miranda rights (Miranda...
Views: 1
*Supp. 15Opinion —The defendant driver hit several unoccupied, legally parked cars causing property damage, and fled from the scene. Ultimately, he pleaded guilty to violation of Vehicle Code section 20002, subdivision (a). The court granted him probation, on the condition that he pay restitution to the owners for the damage to their cars. Defendant appeals, arguing that, as a matter of law, the ...
Views: 0
Opinion Subdivision (a) of Health and Safety Code 1 section 11379 specifies criminal liability for every person who (among other things) “sells, furnishes, administers, or gives away . . . any controlled substance . . . which is not a narcotic drug . . . unless upon the prescription of a physician . . . licensed to practice in this state.” We hold that a physician who prescribes and, pursuant...
Views: 0
Opinion Plaintiff Otay Water District (Otay) sued adjacent property owners defendants Warren W. Beckwith, Donald F. Wall and others, seeking to quiet title to a prescriptive easement. Defendants cross-claimed for inverse condemnation, ejectment, and fraud. After Otay successfully moved for summary judgment, the court entered judgment against defendants on the complaint and cross-complaint...
Views: 0
Opinion Plaintiffs are teachers who do not belong to their employee organization but pay an agency fee in lieu of dues. 1 They filed suit for declaratory and injunctive relief against the Public Employment Relations Board (PERB), asserting promulgated regulations relating to the collection of agency fees violated constitutional safeguards enunciated in Chicago Teachers Un...
Views: 2
Opinion Raymond Winston (Winston) appeals from a judgment based on the grant of a motion for summary judgment on his complaint in favor of National Broadcasting Company, Inc., and Reg Grundy Production, Inc. (collectively, NBC). We affirm the judgment. Factual and Procedural Statement On June 25, 1985, Winston filed an action against NBC arising from the latter’s refusal to...
Views: 0
I respectfully dissent. Although there is substantial evidence the dangers of high groundwater and the associated risk of landslides were conveyed to the Hudsons, several facts are undisputed concerning the April 12, 1983, meeting which relate to the county engineers’ recommendations that a special assessment district be formed and the costs of future groundwater pumping. Despite the fact that she...
Views: 0
Opinion Jill Weinstein appeals from the judgment in an action for dissolution of marriage awarding her $8,500 per month in spousal support. Appellant contends the award must be reversed because the trial court employed an erroneous definition of marital standard of living, failed to award sufficient support to satisfy the need it determined to exist and refused to order retroactive suppor...
Views: 2
Opinion This case presents the question whether the State of California can be an employer for purposes of a workers’ compensation claim by a state employee injured during the course of his employment with one state department and a third party tortfeasor for purposes of the employee’s civil action at law alleging that his injuries were proximately caused by the negligence of w...
Views: 0
Opinion This is an appeal from an order of the trial court denying appellant’s motion to suppress evidence pursuant to Penal Code section 1538.5. There was no dispute regarding the facts. San Diego Police Officer Agerbeek was on duty on March 3, 1990, at approximately 3 a.m. He *Supp. 12observed a red Corvette stopped on the sidewalk. The headlights, taillights, and engine were on. The keys were i...
Views: 1
*Supp. 4Opinion The City of Simi Valley (the City) notified defendant Arthur Fishel that he had violated certain specified city ordinances, requested his voluntary compliance, and warned him that it would enforce the ordinances. Instead of complying, Fishel filed a complaint in the United States District Court challenging the constitutionality of the ordinances, and seeking to restrain any state c...
Views: 1
Opinion Appellants challenge the judgment rendered against them in an unlawful detainer proceeding in which the trial court concluded they committed waste of the apartment they had leased from respondent’s *Supp. 3predecessor in interest. (Code Civ. Proc., §§ 1161, subd. 4, 1174, subds. (a) & (b).)1 They contend that the evidence does not support the conclusion they committed waste and that, sinc...
Views: 0
Opinion Anthony and Ampelia Velasquez (appellants) appeal from the judgment entered in favor of Truck Insurance Exchange, Farmers Insurance Exchange and the Farmers Insurance Group (collectively, Farmers) in their bad faith action. Judgment followed the granting of Farmers’s motion for summary judgment on the grounds that the action was barred by the one-year limitations clause contained ...
Views: 0
*Supp. 8Opinion Defendant Gerardo Guerra Valenzuela (hereinafter, appellant) appeals from a conviction for violating Business and Professions Code section 25662. He contends Vehicle Code section 13202.5 constitutes cruel and unusual punishment and violates his rights to equal protection and due process. We disagree and affirm the judgment. I Appellant, a minor, was convicted of violating Business ...
Views: 0
Opinion ' Statement of Facts Appellant was charged with violating Penal Code sections 245, subdivision (a)(1), 242, 664/484, and Vehicle Code section 23222, subdivision (a). During voir dire, defense counsel exercised seven peremptory challenges. Two of those seven challenges were used to remove Chinese *Supp. 14persons from the jury. When counsel attempted to excuse a third Chinese person from th...
Views: 0
Opinion Facts Plaintiffs, operators of a nursing home, were licensed by the state Department of Health Services. On February 14,1990, a class B citation (defined in Health & Saf. Code, § 424, subd. (d)) was issued alleging plaintiff had violated regulations governing the operation of the nursing home. Plaintiffs contested the issuance of the citation. On June 15, 1990, they filed a complaint unde...
Views: 0
230 Cal. App. 3d 1396 (1991) 282 Cal. Rptr. 62 THE PEOPLE, Plaintiff and Respondent, v. MICHAEL J. LANHAM, Defendant and Appellant. Docket No. E007427. Court of Appeals of California, Fourth District, Division Two. June 3, 1991. *1397 COUNSEL Valerie K. Cadigan, under appointment by the Court of Appeal, for Defendant and Appellant. John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief...
Views: 0
Space

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

About   Privacy   Security   Contact Us

ⓘ Information Facts

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