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All Reporters → cal-lexis → Volume 1955

Opinions in cal-lexis Volume 1955

46 Cal.2d 3 (1955) 291 P.2d 929 JOHN ROGERS, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent. Docket No. S.F. 19347. Supreme Court of California. In Bank. December 29, 1955. *5 William H. Coburn, Jr., for Petitioner. Edmund G. Brown, Attorney General, Clarence A. Linn, Chief Assistant Attorney General, Arlo E. Smith, Deputy Attorney General, and J.F. Coakley, District Attorney (Al...
Views: 34
Plaintiff appeals from an adverse judgment, entered upon a verdict, in his action to recover for personal injuries received when he fell from one of defendants’ trucking vans, in which he had been riding. We have concluded that plaintiff’s claim of prejudicial error in failure of the trial court to give certain instructions requested by him is meritorious, and that the judgment should be reversed...
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46 Cal.2d 18 (1955) 291 P.2d 474 BERNARD P. CALHOUN, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY et al., Respondents. Docket No. L.A. 23779. Supreme Court of California. In Bank. December 30, 1955. *20 Mahedy & Schall, John W. Preston and Charles H. Carr for Petitioner. Edmund G. Brown, Attorney General, William E. James, Deputy Attorney General, James Don Keller, District Attorney ...
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This action was brought to recover damages for the destruction by fire of stock, fixtures and personal property contained in a building, the larger portion of which plaintiff occupied as lessee for store and residence purposes. Defendant Ehrhorn was the lessee of a gasoline filling station located on the premises and adjacent to the main building. *56 Defendant Langford operated the service sta...
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By a petition for a writ of habeas corpus filed on October 17, 1951, Caryl Chessman, an inmate of San Quentin State Prison whose appeal from 17 judgments of conviction was pending, sought relief from allegedly illegal conditions of imprisonment which assertedly interfered with his representation of himself.1 On December 18, 1951, this court affirmed the judgments, two of which imposed the death pe...
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Eugene Burwell and James A. Rogers, inmates of the state prison at San Quentin, were charged with murdering two San Quentin guards, Charles W. Wiget and Vern A. Mackin. Verdicts of conviction without recommendation as to penalty were returned by the jury and death sentences were imposed. There is here an appeal from the judgment of conviction and from an order denying a motion for a new trial a...
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The defendant was charged by information in Count I with the kidnapping of Belle Brooks on November 20, 1953, with intent and for the purpose of committing robbery, and in Count II with the murder of Andrew Kmiec on November 21, 1953. The information also alleged that the defendant was armed with a deadly weapon at the time of each offense and that he had previously been convicted of the felonies...
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This is a proceeding in mandamus. The alternative writ issued. The respondent Harry D. Ross is the controller of the petitioning city and county and upon request refused to certify to the availability of funds in the city’s off-street parking bond fund for the acquisition by eminent domain of a proposed off-street parking garage site between Ellis and 0 ’Farrell Streets in downtown San Francisc...
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The county of Fresno and certain county officers have appealed from a judgment permanently enjoining them from “ enforcing or causing Ordinance No. 415 of the County of Fresno or any part or provision thereof to be enforced.” The judgment is based upon the conclusion that the ordinance, upon its face, unconstitutionally abridges the right of free speech. *62Known as the “Fresno County Anti-Noise O...
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This is an appeal from an order setting aside an information charging defendant with pimping, a violation of section 266h of the Penal Code. The evidence at the preliminary hearing showed that defendant had solicited a customer for a woman who was known to defendant to be a prostitute, but there was no evidence to show that defendant either solicited compensation or received compensation f...
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By unverified complaint plaintiffs commenced an action in San Francisco for the alleged wrongful death of Philip Badella, the husband and father of plaintiffs. Named as defendants are Mr. and Mrs. Miller, Earl George and four other defendants. It is alleged the Millers were the owners and operators of riding stables in Sonoma County and were owners or part owners or in charge of a horse named “Sal...
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The Division of Water Resources of the Department of Public Works issued a permit authorizing the Riverside County Flood Control and Water Conservation District to appropriate annually a quantity of water from the Bautista Creek, a tributary of the San Jacinto River. By this proceeding in mandamus, Temescal Water Company and the Elsinore Valley Municipal Water District are endeavoring to compel...
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This case is obviously before this court because a majority of this court was dissatisfied with the treatment of its opinion in Gray v. Brinkerhoff, 41 Cal.2d 180 [258 P.2d 834], by the District Court of Appeal when the case at bar was decided by that court (see (Cal.App.) 272 P.2d 56). This is not the first time that District Courts of Appeal have been misled by the decision of this court in Gray...
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Plaintiff, Paul E. McBride, appeals from a judgment of nonsuit in an action to recover damages for personal injuries which resulted when he fell while alighting from the steps of one of the defendants’ railroad cars. Plaintiff was a fare-paying passenger in a Pullman car on defendant railroad’s Grand Canyon line which originated at Los Angeles and was eastbound. Plaintiff, who had undergon...
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Plaintiffs were injured in a collision when their automobile, while making a left-hand turn at a highway intersection, was struck by an oncoming tractor, pulling two gravel-loaded trailers. Plaintiffs brought actions against Homen, owner of the tractor, and his employee, Redinger, the driver. Homen cross-complained against the plaintiff driver of the automobile, Charles K. Sparks, for damages to h...
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In 1950, Max Holsinger was awarded a decree of divorce from Anne Holsinger. By the final decree, they were given “the joint legal custody” of their two children, the mother to have “actual physical custody” of them, subject to certain rights of the father. Upon his application, these provisions were modified, and the mother’s appeal is from the order enlarging his custodial rights. The custody ...
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The rental agreed to be paid by Sears, Roebuck and Company for a building leased to it by Lazard *139 Lippman was $285 per month and an additional amount based upon the total sales made by the lessee. The appeal of the lessee from an adverse judgment presents for decision the question as to the amount of rent a lessor is entitled to receive under a “percentage,” lease from a tenant who disconti...
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44 Cal.2d 147 (1955) Estate of JOSEPH C. POISL, Deceased. EMMA POISL, Appellant, v. ROBERT L. FERGUSON, as Executor, etc., et al., Respondents. L. A. No. 23133. Supreme Court of California. In Bank. Mar. 15, 1955. V. P. Lucas, J. Oscar Goldstein, P. M. Barceloux, Burton J. Goldstein and Goldstein, Barceloux & Goldstein for Appellant. Thomas W. Hughes and Michael A. Gaynes for Respondents...
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In August, 1950, defendant orally agreed to employ plaintiff on a full time basis in his general contracting business. The agreement was put in writing in April, 1951, in the form of a letter from defendant to plaintiff, which provided: “I hereby offer to employ you as an estimator and office manager in my general contracting business for a period of *155 one year commencing January 1, 1951, ...
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The appeal of Jack Sykes, who with Rudy Mercado, was indicted for furnishing marijuana to Beverly Detricb, a minor, is from the judgment of conviction of the crime of violating section 11714 of the Health and Safety Code. Beverly Detrick, 17 years of age, testified that while she was sitting in a café, Sykes entered, took a marijuana cigarette from his pocket, and handed it to Mercado. After Merca...
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44 Cal.2d 178 (1955) FRANK BOMPENSIERO, Petitioner, v. SUPERIOR COURT OF SAN DIEGO COUNTY et al., Respondents. L. A. No. 23513. Supreme Court of California. In Bank. Mar. 18, 1955. Augustine, Bryans, Ragen & O'Connor and Frank Desimone for Petitioner. Edmund G. Brown, Attorney General, William E. James, Deputy Attorney General, James Don Keller, District Attorney (San Diego), Barton C. S...
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Defendants appeal from a judgment awarding plaintiffs the difference between the amount defendants paid plaintiffs for a trucking job at the hourly rate and the larger amount allegedly due at the ton-mileage rate. Both minimum rates were fixed in public tariffs issued by the Railroad Commission (now the Public Utilities Commission) pursuant to the Highway Carriers’ Act. (Stats. 1935, ch. 223, p...
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Plaintiff was injured when his motorcycle collided with the locomotive of a train, and he seeks to recover damages from the Los Angeles Junction Railway Company and the Atchison, Topeka and Santa Pe Railway Company. At the conclusion of plaintiff’s evidence, both defendants moved for a nonsuit. The motions were granted, and judgment was entered accordingly. The train was operated by defendant L...
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Plaintiff and plaintiff in intervention appeal from a judgment for defendants entered after defendants’ demurrers to their complaints were sustained without leave to amend. Plaintiffs sought to enjoin defendants from appropriating and expending for general municipal purposes the income derived from the sale of oil and gas produced from the tide and submerged lands granted in trust to the city of L...
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In these actions plaintiffs sought damages for personal injuries alleged to have been caused by the negligence of Riverside Portland Cement Company, hereafter referred to as defendant, and California Electric Power Company, hereafter referred to as California. The jury awarded $50,000 to plaintiff Austin (reduced to $25,000 on motion for new trial) and $100,000 to plaintiff Boehm against defend...
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In this habeas corpus proceeding the ultimate question is whether the District Court of Appeal, after modifying consecutive sentence judgments in two consolidated criminal cases by striking out findings of two prior convictions, has power to itself implicitly determine upon the changed record whether probation shall be granted or denied and whether the sentences shall run cumulatively or concurren...
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Defendant was charged by information with the murder of Ralph R. Welch, on or about July 23, 1953, and with two prior convictions of felony (issuing a check with intent to defraud and issuing a cheek with no account). He pleaded not guilty and not guilty by reason of insanity. A jury found defendant guilty of murder of *255the first degree and made no recommendation as to penalty j1 the jury furth...
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The Pacific Telephone and Telegraph Company has been engaged in operating a telephone and telegraph system since January 2, 1907, and its lines are used in rendering a local, statewide and interstate communication service. The city of Los Angeles and surrounding areas are serviced by Pacific and connecting telephone companies. In 1951, shortly before a municipal franchise under which it had bee...
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The city of Petaluma brought this action to restrain Pacific Telephone and Telegraph Company from using city streets for telephone and telegraph service until it obtains a municipal franchise to conduct a communications business and to use the streets and other public places for its lines and equipment. A general demurrer was sustained to the complaint, and the city has appealed from the ensuin...
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44 Cal.2d 289 (1955) ELLA C. BABBITT, Respondent, v. DOUGLAS B. BABBITT et al., Defendants; AGNES M. McGOWAN, Appellant. L. A. No. 22931. Supreme Court of California. In Bank. Apr. 15, 1955. Benjamin D. Brown and A. James Ayers for Appellant. Ernest Best for Respondent. SHENK J. This is an appeal by the defendant from a judgment in which the plaintiff was granted an interlocutory decree of...
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The question here presented for decision concerns the scope and effect of notices of tax lien of the United States of America. The appeal is from a judgment holding that the federal government may not recover from *300the judgment debtors of the taxpayer the amount stated in those notices to be due for unpaid taxes, and also that it has no right to money on deposit with the municipal court. Max La...
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The heirs of S. P. A. Sorensen, deceased, claim the assets of his estate. The appeal is from a decree which determines, inter alia, that distribution must be made to the State of California for failure of the heirs “to appear and demand the property within five years from the date of succession” as required by section 1026 of the Probate Code. 1 Sorensen died intestate in 1934. His only hei...
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Plaintiff, Thomas Warner, Jr., appeals from a judgment of nonsuit in an action for damages for personal injuries. Plaintiff originally brought suit against Clin Industries, Inc., a corporation (aka Western Cartridge Company), and G. W\\ Rushmore, Amory P. Eeldey, Thomas Browne. *312 Gene Nordlund and Edward Nagle. Prior to trial, defendants Rushmore and Eckley paid plaintiff the su...
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On August 3, 1951, plaintiff brought an action seeking damages for breach of an oral contract. He alleged in his third amended complaint “That on or about the 17th day of October 1950 the plaintiff and defendants entered into an oral agreement” whereby he was given the exclusive right to buy from defendants certain patented shower heads. He also alleged that “a written memorandum of said agreem...
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Judgment was entered on a verdict for defendant in an action for wrongful death. Plaintiffs appeal from the judgment and the order denying their motion for a new trial. Since the latter order is not appealable, the appeal therefrom is dismissed. On May 21, 1951, Bonnie, 12, and her sister, Carolyn, 8, got off the school bus at the intersection of Wren and Sierra roads in Stanislaus County at about...
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This is an appeal from a judgment entered on a verdict in favor of the defendant in an action for damages for personal injuries sustained by plaintiff pedestrian in a collision with a San Francisco municipal railway bus. There is also an appeal from a denial of a motion for a new trial by operation of law because of the failure of the trial court to determine the motion within the statutory per...
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Defendants-appellants herein are Oilfields Trucking Company and Phoenix Construction Company, two corporations, hereinafter called, respectively, Oilfields and Phoenix. They appeal from a judgment in plaintiff’s favor, entered on a jury verdict, in his action to recover for personal injuries suffered in a trucking accident. The judgment now on appeal was rendered on a second trial of the action...
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44 Cal.2d 359 (1955) FRED H. MILLER, Appellant, v. DONALD GLASS et al., Respondents. L. A. No. 23504. Supreme Court of California. In Bank. Apr. 22, 1955. Fred H. Miller, in pro. per., for Appellant. Edmund G. Brown, Attorney General, Alexander Googooian, Deputy Attorney General, Reed & Kirtland and Robert C. Packard for Respondents. SPENCE, J. Plaintiff appeals from a summary judgment...
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44 Cal.2d 364 (1955) 282 P.2d 64 GEORGE SMITH, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION et al., Respondents. Docket No. S.F. 19019. Supreme Court of California. In Bank. April 22, 1955. *365 Julius M. Keller for Petitioner. Edmund G. Brown, Attorney General, Gerald A. Carrera, Deputy Attorney General, Everett A. Corten and T. Groezinger for Respondents. SCHAUER, J. George Smith, an applicant...
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Defendant Rossi appeals from a judgment of conviction for violating section 137 of the Penal Code and from an order denying his motion for a new trial. Defendants Terry and Rossi were accused of violating said section in that they gave and promised to give a bribe to Norman Moore and John Mallick, persons who were about to be called as witnesses, upon the understanding and agreement that their ...
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Letters of administration in the estate of George A. Calhoun were issued to Daisy Oreb, the natural daughter of Calhoun’s adoptive parents. Her appeal from an order revoking those letters and appointing Walter William Pettit, a natural brother of the decedent, as administrator, presents for determination the conflicting claims of Mrs. Oreb and the blood relatives of Calhoun to the right to succeed...
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Defendant appeals from an order denying its motion to discharge an attachment. The action in which the attachment was issued was brought to recover money due under a written contract made in the state of Florida. The contract was silent as to the place of payment, and the trial court admitted parol evidence to determine the place of payment. Defendant contends that this was improper, and that i...
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Defendant appeals from judgments in favor of plaintiffs Ferro and Monarch in actions that were separately filed but were consolidated for purposes of trial and appeal. In these actions plaintiffs seek to recover insurance proceeds paid for their wine, which was destroyed by fire while stored with Sunnyside Winery. These proceeds came into defendant’s possession, and plaintiffs contend that defe...
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Arthur W. Stowe sued for damages for bodily injuries, naming as defendants Fritzie Hotels, Inc., and Fritzie Hotels, Inc., doing business as St. Francis Hotel and Apartments. His appeal from a judgment of dismissal presents questions concerning the sufficiency of his complaint. The complaint is in three counts. In the first five paragraphs of count one, Stowe alleges that the defendants “w...
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Defendant, while confined in Soledad State Prison, was charged with violating section 4500 of the Penal Code. That section provides: “Every person undergoing a life sentence in a State prison of this State, who, with malice aforethought, commits an assault upon the person of another ... by any means of force likely to produce great bodily injury, is punishable with death.” The jury found defendan...
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44 Cal.2d 434 (1955) 282 P.2d 905 THE PEOPLE, Respondent, v. CHARLES H. CAHAN, Appellant. Docket No. Crim. 5670. Supreme Court of California. In Bank. April 27, 1955. *435 Russell E. Parsons for Appellant. John G. Buresh, Richard V. Bettini, Morris Lavine, Horace Appel, Albert C. Garber, A.L. Wirin, Nathan L. Schoichet and Morris M. Grupp as Amici Curiae on behalf of Appellant. Edmund G. Brown, A...
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44 Cal.2d 459 (1955) 282 P.2d 509 THE PEOPLE, Respondent, v. ALFRED BERGER, Appellant. Docket No. Crim. 5664. Supreme Court of California. In Bank. April 27, 1955. Morris M. Grupp for Appellant. Charles R. Garry, Norman Leonard, George Olshausen and Leo R. Friedman as Amici Curiae on behalf of Appellant. *460 Edmund G. Brown, Attorney General, Clarence A. Linn, Chief Assistant Attorney General, E...
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Plaintiff appeals from a judgment barring further prosecution of this action. The judgment was entered after a'trial of defendant’s special defense (Code Civ. Proe., § 597) to plaintiff’s complaint for prospective and retroactive enforcement of defendant’s obligations under a separate maintenance decree entered in the New Jersey Court of Chancery on May 19, 1947. Plaintiff and defendant were marri...
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This is a consolidated appeal by plaintiffs in two personal injury actions which were separately tried but which arose out of the same accident. It is submitted on two separate settled statements, which are substantially the same in their presentation of the evidence and are so treated by counsel for plaintiffs in discussing the legal points in the joint briefs presented on plaintiffs’ behalf. Pla...
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After a personal injury action was set for trial, the defendants made a motion for an order requiring the plaintiff to submit to an examination by defendants' doctor in the absence of her attorney. Plaintiff consented to the examination but requested that she be permitted to have her attorney present. The respondent court made an order directing that she “submit to an oral and physical examinatio...
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Harold Jackson and Joseph Lear were tried jointly upon an indictment which charged that they kidnaped Leonard Moslcovitz for ransom or reward, inflicting bodily harm upon the victim. A second count of the indictment alleged that they conspired to commit the crime and that they were armed with a deadly weapon when it was committed. Jackson’s prior conviction of a felony was also pleaded. A jury fou...
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Defendant appeals from a judgment of conviction of receiving stolen property in violation of section 496 of the Penal Code. * The admitted thief, Diggs, sold two jeep tires and three power tools to defendant, who was in the business of buying and selling used merchandise. The testimony of Diggs, the principal witness for the prosecution, was substantially as follows: The stolen goods were sol...
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On September 30, 1952, plaintiff Gertrude Mueller filed this action for divorce against defendant Kurt Mueller alleging extreme cruelty. Defendant cross-complained for divorce alleging extreme cruelty and adultery. The parties were married in 1936 and have three children who were 15, 12, and 9 years of age at the time of the trial. Plaintiff testified that it had been a bad marriage and that she ...
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Petitioner seeks to annul the order of respondent court adjudging him guilty of contempt for failure to pay the sum of $195 theretofore ordered to be paid by him as counsel fees and court costs. He contends that his conviction of contempt was an act in excess of jurisdiction because there was no evidence to show that he had knowledge or notice of the provisions of the order which he allegedly d...
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Plaintiff was employed by defendant, a common carrier by railroad, when he was injured while working on the construction of new railroad ears. In this action, which was brought under the Federal Employers’ Liability Act, the parties stipulated to the existence of negligence and the amount of plaintiff’s damages. The sole question left for determination was whether the act was applicable. The tr...
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Plaintiff brought this action under the Federal Employers’ Liability Act, seeking recovery for injuries sustained while working as a molder of freight car wheels in a foundry operated by defendant railroad company. He set forth three causes of action in his complaint, alleging that his injuries resulted, first, from negligent' operation of a crane, second, from negligent maintenance of the cran...
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Plaintiff appeals from a judgment against him in an action brought under the Federal Employers’ Liability Act to recover damages for injuries he sustained while working for defendant railroad company. The court, sitting without a jury, took evidence on the question of whether the *548 federal act applied and the case then proceeded to trial before a jury on the other issues. A verd...
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These two actions, consolidated for trial, were brought by plaintiffs against the County of Orange and the City of Huntington Beach to recover 1951-1952 city taxes levied on plaintiffs’ leasehold interests in state-owned tide and submerged lands sought to be annexed by the city in 1950. Judgments of dismissal were entered upon the sustaining, without leave to amend, of demurrers to the complain...
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Petitioners, plaintiffs in an action pending in the Superior Court of Los Angeles County, seek a writ of mandate directing respondent court to set aside an order sustaining defendant’s refusal to answer certain questions in a pretrial deposition and to enter an order compelling defendant to answer these questions and any other similar questions that may be asked. The complaint in the pendi...
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Plaintiff, the assignee of contracts of conditional sale, brought these two actions for money against the assignor-seller, herein called defendant. The actions were tried together. In the first action, referred to by the parties as the “with recourse assignment” case, the parties stipulated that plaintiff have judgment in specified sums on the first and second causes of action and that the sums du...
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Some of the beneficiaries of a trust established by Henry Miller brought a suit for removal of the trustees and for additional relief. Respondent court appointed a receiver, accepted the resignations of two trustees, removed the third trustee and appointed successor trustees. This proceeding was then commenced by other beneficiaries to prohibit further steps from being taken in that action and ...
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Defendant appeals from a judgment entered upon a jury verdict in favor of plaintiffs Crowe and Lowe in the sums of $8,500 and $11,000 respectively, in a personal injury action arising out of an automobile collision. *592 The principal error urged on appeal is that the trial court committed prejudicial error (1) in telling the jury after its proposed verdict was brought in (but before it was r...
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This is an appeal from a judgment granting a nominal award of one dollar in a condemnation proceeding. The defendant Pacific Electric Railway Company, hereinafter referred to as the company, is an interurban electric railway corporation. It has a right of way for its tracks along Long Beach Boulevard, a street running north and south in the city of Long Beach and intersecting Willow Street, a s...
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44 Cal.2d 604 (1955) SUBSEQUENT INJURIES FUND OF THE STATE OF CALIFORNIA, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION and MARY M. HARRIS, Respondents. L. A. No. 23298. Supreme Court of California. In Bank. May 27, 1955. Edmund G. Brown, Attorney General, Donald D. Stoker and W. B. Thayer, Deputy Attorneys General, for Petitioner. Everett A. Corten, Benjamin L. Wolfe and T. Groezinger for R...
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Harold Donald Murray, petitioner, seeks by writ of certiorari to review the lawfulness of an order of civil arrest issued by respondent court on August 12, 1954. Respondent court denied a motion to quash said order on August 16, 1954, and this petition followed. Donald N. Uthus, real party in interest, filed an action against Murray on August 12,1954, seeking to recover various amounts of ...
Views: 8
44 Cal.2d 625 (1955) SADIE HILLMAN, Appellant, v. RUDOLPH GARCIA-RUBY et al., Respondents. S. F. No. 19238. Supreme Court of California. In Bank. May 27, 1955. James C. Purcell and Michael Riordan for Appellant. Bronson, Bronson & McKinnon and John F. Ward for Respondents. TRAYNOR, J. Plaintiff appeals from a judgment entered on a jury verdict in an action for personal injuries. Plaint...
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Petitioners, William R. Harden and Pearl B. Harden, his wife, Chester N. Harden and Virginia Hart Harden, his wife, seek a writ of prohibition to restrain further proceedings in an eminent domain action brought against them and other property owners by the city of Hayward. Petitioners own certain land in Alameda County, lying adjacent to, but outside the corporate boundaries of, the city o...
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Petitioner is now serving sentences at Folsom State Prison under two judgments of conviction, one a 1938 conviction of first degree burglary (Los Angeles Superior Court No. 73864), the other a 1953 conviction of second degree burglary (San Francisco Superior Court, No. 49121). In this petition for the writ of habeas corpus petitioner alleges that he is being illegally restrained of his liberty, f...
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While working as an employee of a roofing subcontractor, Robert Carl Pauly sustained injuries in a fall from a building. He sued the "general contractor and another subcontractor, charging negligence. Upon his appeal from a judgment in favor of both defendants, Pauly challenges instructions which define the duties owed to him and rulings upon the admission of evidence. There is no dispute as to th...
Views: 0
Defendant, a real estate broker, was charged with grand theft in violation of paragraph 1 of section 487 of the Penal Code. That statute provides in material part, 11 Grand theft is theft committed in any of the following eases: 1. When the money, labor or real or personal property taken is of a value exceeding two hundred dollars ...” Defendant pleaded not guilty and was tried by a jury instruct...
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Defendants appeal from judgments of conviction of burglary of the second degree, pursuant to jury verdicts, and from an order denying their motion for new trial. We have concluded that defendants were deprived of their right to have the evidence fairly appraised by the jury because of improper comment of the prosecuting attorney, the effect of which was made more serious by comment of the trial j...
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This is an appeal from an order modifying an annulment and custody decree. The plaintiff, Dorothy, had been married to one Kent. She separated from Kent who commenced divorce proceedings against her in Oklahoma. Kent informed Dorothy that he was obtaining his divorce from her on July 1, 1950. Dorothy married Joe, the defendant, on July 7, 1950. At the time of that marriage Dorothy was pregnant....
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44 Cal.2d 695 (1955) S. WOLFF, Respondent v. JOSEPH P. FALLON et al., Defendants; R. T. STEPHENS et al., Defendants and Appellants; INGLESIDE TERRACES HOME OWNERS ASSOCIATION (a Nonprofit Corporation), Intervener and Appellant. S. F. No. 18827. Supreme Court of California. In Bank. June 21, 1955. John A. Gorfinkel and Julian W. Mack II for Appellants. Jefferson E. Peyser and Pierce N. Stein ...
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Edward D. Malone is imprisoned under a judgment of conviction of grand theft, rendered November 18, 1948, pursuant to a jury verdict of guilty. By petition for habeas corpus he seeks release from custody. He attacks (1) the validity of such judgment, which he claims was rendered after deputy sheriffs had prevented him from presenting his defense, and (2) the right of this state presently to hold h...
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Defendant Ford, an attorney, appeals from an adverse judgment in a declaratory relief action brought by plaintiff, his former client, for the purpose of settling con *708 troverted claims relative to a contingent fee contract, which was followed by an assignment. The trial court construed the original contract in line with plaintiff’s contention that defendant had failed to complete the agreed ...
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The Pacific Mutual Life Insurance Company of California (hereinafter referred to as the “old company”) and certain of its stockholders brought this mandamus proceeding in the superior court to review the action of the Insurance Commissioner in approving a plan for mutualization of a second corporation, Pacific Mutual Life Insurance Company (hereinafter called the “new company”), which had been org...
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44 Cal.2d 772 (1955) JAMES RICHARDSON et al., Respondents, v. HERBERT HAM et al., Appellants. L. A. No. 23537. Supreme Court of California. In Bank. June 29, 1955. Gray, Cary, Ames & Frye, James W. Archer, Ward W. Waddell, Jr., and Thomas C. Ackerman, Jr., for Appellants. McInnis, Hamilton & Fitzgerald, William T. Fitzgerald, Franklin B. Orfield, Thomas P. Golden and Hubert L. Rose f...
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Plaintiff appeals from a judgment of non-suit granted at his third trial, the two previous trials having resulted in jury verdicts for plaintiff followed by the granting of motions for new trial. Viewing the evidence in the light most favorable to plaintiff and disregarding conflicts in accordance with the settled rules applicable in testing the propriety of nonsuits (Huffman v. Lindquist, 37 Cal....
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Plaintiffs, Snyder and Gradich, appeal from judgments entered upon verdicts by a jury for defendant, Southern California Edison Company, in consolidated actions, to recover damages for personal injuries alleged to have been caused by defendant’s negligence. *795 Defendant is a public utility engaged in the manufacture, sale and distribution of electricity to the public. It entered...
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By his complaint in this action plaintiff sought to have it declared that he was not under obligation to pay defendant an amount agreed upon as compensation for sevices rendered by defendant in procuring a lease of certain real property for plaintiff. Defendant by cross-complaint sought to recover said compensation from plaintiff. Judgment was rendered in favor of defendant, and plaintiff has a...
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Petitioner, the widow of Gabriel N. Sayegh, seeks a writ of prohibition to restrain respondent court from trying a petition to determine heirship in the estate of her deceased husband. *815 On February 18, 1952, petitioner entered into an ante-nuptial agreement with Mr. Sayegh which provided, among other things, that the survivor of them should have no interest in the property of the estate o...
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Petitioner was dismissed from his position as an associate professor at San Diego State College because of his refusal, at a hearing before the State Board of Education, to answer two questions as to whether he was or had been a member of the Communist Party, and he seeks a writ of mandate to compel his reinstatement. The state board acted pursuant to section 1028.1 of the Government Code, which i...
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In this action to recover for personal injuries resulting from an automobile accident, defendants appeal from an adverse judgment entered upon a jury verdict. We have concluded that defendants suffered no prejudice from various asserted errors upon which they rely, and that the judgment should be affirmed. The minor plaintiff, John M. Lynch, Jr., was injured when an automobile in which he ...
Views: 15
Plaintiff sought to quiet its title to 10 used automobiles. The cars had been delivered by defendants to a used car dealer for sale. The basic questions were whether said dealer was a factor in the transaction, and whether anestoppel operated in plaintiff’s favor. The trial court found for plaintiff on both issues. From the judgment accordingly entered, defendants appeal, contending in the main t...
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The People have moved to dismiss defendant’s appeal from an order denying his motion to correct and amend a clerk’s transcript. Defendant was adjudged a sexual psychopath in 1948 in proceedings brought under section 5500 et seq. of the Welfare and Institutions Code. He applied to the superior court for redetermination of his condition pursuant to section 5519, and on December 15, 1952, in accor...
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Appeal by defendant Mary Penny from a judgment of conviction of involuntary manslaughter. Defendant was charged with a violation of section 192, subdivision 2, of the Penal Code. That section provides that manslaughter is the unlawful killing of a human being, without malice. “2. Involuntary—in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act...
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Plaintiff was injured while employed by defendant railroad company as an advanced carman helper in the construction of parts for new railroad cars, and he brought this action under the Federal Employers’ Liability Act. Before trial of the other issues, the court held a hearing on the question of whether the federal act was applicable and concluded that it was not. Judgment was entered accordingly,...
Views: 1
Plaintiff, who was employed by defendant railroad company as a carman helper, was injured while working on the construction of new railroad cars, and he brought this action under the Federal Employers’ Liability Act. Before trial of the other issues, the court held a hearing on the question of whether the federal act was applicable and concluded that it was not. Judgment was entered accordingly, ...
Views: 3
— Defendant executor appeals from a judgment rendered by the court without a jury, by which plaintiff was awarded recovery of money allegedly loaned to defendant’s decedent, Angelo Pipolo, and evidenced by two checks. Plaintiff’s claim therefor had been rejected by defendant executor. We have concluded that the trial court did not err in admitting certain testimony of decedent’s surviving wife,...
Views: 9
— This is an application for the writ of prohibition to prevent the respondent superior court from taking further action in a guardianship matter in which it indicated that in the exercise of its probate jurisdiction it would require the petitioner Central Bank to account for $4,011.71, deposited therein by the guardian in her personal account. In 1949 in a regular proceeding in the respon...
Views: 8
— Melchior Linggi is endeavoring to condemn a right of way for a sewer line over adjoining land used for residence purposes. His appeal is from a judgment entered upon an order sustaining a demurrer to his complaint. A two family apartment building stands on land owned by Linggi facing Sir Francis Drake Boulevard. The apartment house is connected with a public sewer in that street which, d...
Views: 3
— This is an appeal by plaintiff from judgments of nonsuit entered in favor of defendants Charles Irwin Ingram (sued as Charles Irwin Ingerman) and Union Ice Company for damages for personal injuries. Plaintiff, a 5%-year-old boy, was run over, or hit, and seriously and permanently injured by an ice truck driven by defendant Ingram. The only question involved is whether there wa...
Views: 13
— Plaintiff instituted this proceeding against defendant, the Director of Employment, seeking to recover contributions allegedly overpaid to the unemployment fund and to obtain a readjustment of its account. A demurrer to the complaint was sustained without leave to amend, and judgment was entered for defendant. The complaint alleged as follows: In 1944 plaintiff commenced an action against defend...
Views: 3
— A jury found defendant guilty of issuing a check with intent to defraud and with knowledge that there were not sufficient funds or credit for its payment upon presentation in violation of section 476a of the Penal Code. * He appeals from the judgment of conviction, claiming that *48 the evidence does not show guilty knowledge or intent to defraud and that the trial court erred in failing to...
Views: 16
— This is a purported appeal by the widow of Max L. Schechtman from an order refusing to compel the coexecutors of his estate to inventory alleged additional assets of the estate. Max L. Schechtman died in February, 1952, survived by his widow, Frances B. Schechtman, and three sons by his prior marriage, two of whom, Dr. Abraham Schechtman and Leo Schechtman, are coexecutors of his estate. A wi...
Views: 4
— This is a proceeding to review a recommendation of the Board of Governors of The State Bar that petitioner August Paul Coviello, be suspended from the practice of law in this state for a period of six months. The local committee had recommended a three months’ suspension. In making its recommendation the board took into consideration a prior suspension of 30 days ordered by this court. ...
Views: 9
— This is an appeal from a judgment of dismissal following an order sustaining a demurrer without leave to amend. On August 1,1944, the defendant Rice executed two promissory notes to one Herta Reinach, of whose estate the plaintiff is the executrix. Both notes were in the amount of $3,000. The first was payable on or before six months; the second on or before one year. No payments were ma...
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— Certain cheeks drawn against plaintiff’s commercial' account were altered so as to raise the amounts for which they had been written. Defendant bank honored the checks as altered, and the raised amounts were deducted from plaintiff’s account. Subsequently the bank dishonored other checks of plaintiff on the ground that insufficient funds remained in the account after the deductions had been m...
Views: 4
— Plaintiff, holder of a personal liability insurance policy issued by defendant company, brought this action for a declaration of his rights and a determination of defendant’s liability under the policy. The court concluded that defendant was not liable, ,and judgment was entered accordingly. The policy was issued to plaintiff as the named insured, and stated that “The unqualified word ‘i...
Views: 20
— In these two personal injury actions, arising out of a motor vehicle accident and consolidated for trial, the four plaintiffs as well as the cross-defendant Mrs. Rhoda Gigliotti appeal from a judgment entered on a verdict denying recovery against defendant, Joseph Edward Nunes, for the personal injuries and awarding him judgment against Mrs. Gigliotti on his cross-complaint for damages to his tr...
Views: 0
— Plaintiff and defendant were married in 1937 and had two children, a son and a daughter. In 1944 plaintiff obtained a divorce and was given custody of the children, who were then 6 and 4 years of age respectively. Defendant was ordered to pay $20 per month for the support of each child. He made one payment, entered the army, and authorized an allotment for his children. From the time of his dis...
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45 Cal.2d 104 (1955) HARRISON W. CALL, Petitioner, v. STATE BAR OF CALIFORNIA, Respondent. S. F. No. 19151. Supreme Court of California. In Bank. Sept. 20, 1955. Harrison W. Call, in pro. per., and Anthony J. Kennedy, for Petitioner. Jerome R. Lewis and Garrett H. Elmore for Respondent. THE COURT. By this proceeding, petitioner seeks review of a recommendation of the Board of Governors of ...
Views: 9
— By two orders to show cause petitioner was charged with 15 counts of professional misconduct, and hearings were held before a local administrative committee of the State Bar in Alameda County. No evidence was presented with respect to some of the counts, and with respect to others, the local committee concluded that no misconduct had been shown. With respect to the remaining five counts, howeve...
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— This appeal is from a judgment imposing the death penalty following defendant's conviction of first degree murder. The following facts are undisputed: At approximately 2 p. m. on July 6, 1954, defendant was drinking beer in a bar, the Black Cat Café, in the town of Stratford. Shortly thereafter William Tuttle came into the bar wearing a distinctive black hat. He and defendant engaged in conve...
Views: 8
— On March 29,1945, the city of Long Beach undertook to withdraw substantially all pension rights granted by section 187 of its charter to employees of the police and fire departments, and we held that the action of the city was invalid as to persons employed before that date. (Kern v. City of Long Beach, 29 Cal.2d 848 [179 P.2d 799].) Those who thereafter entered the police and fire departme...
Views: 15
— In this certiorari proceeding the superior court entered judgment annulling a municipal court order of modification of a previously rendered municipal court order. The order so annulled purported to modify a sentence (execution of which had been suspended in part) theretofore imposed on petitioner and to place him on, or prescribe additional or different terms of, probation. Petitioner has appe...
Views: 6
— Plaintiff and defendant were married in 1946 and lived together for approximately six years before this action for divorce was filed in 1952. There were no children of the marriage. In her amended and supplemental complaint plaintiff alleged that defendant was guilty of extreme cruelty, desertion, and adultery. Defendant answered and cross-complained alleging extreme cruelty. The trial court ...
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— This is a proceeding pursuant to section 1756 of the Public Utilities Code to review portions of an order of the Public Utilities Commission affecting the rates of the Southern California Edison Company for the sale and distribution of its electrical energy. (Decision No. 50449, 53 Cal. P.U.C. 385.) The petitioner California Mutual Water Companies Association is an unincorporated association of ...
Views: 3
— Defendants Cobb and Ault appeal from judgments of conviction for attempted robbery. Defendant Cobb also appeals from an order denying his motion for a new trial. The information charged both defendants with attempted robbery of one Henry Shelton, an employee of a liquor store. Each defendant admitted certain alleged prior convictions. The jury returned verdicts of guilty on the attempted...
Views: 15
— Petitioner, Lionel Browne, seeks a review of disciplinary proceedings in which the Board of Governors of The State Bar recommended that he be suspended from the practice of the law for a period of three years. A prior three months’ suspension imposed in December, 1948, was taken into consideration in the recommendation. Petitioner, who is now approximately 58 years of age, was admitted t...
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— In April 1954, petitioner, who was then 17 years of age, was charged by an information with “the crime of Rape, a felony, in violation of Section 261, subdivision 3, of the Penal Code of the State of California (Forcible), committed as follows: “The said Trot Clifford Hess, on or about the 11th day of April A.D. 1954, in the said County of El Dorado, in the said State of California, and before t...
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— This is a motion to dismiss the appeal from an order of the Marin County Superior Court denying the defendants’ motion to enjoin plaintiffs’ counsel from further participation in the case and to restrain such counsel from disclosing certain confidential information pertaining thereto. The action is by the receiver of the Rhode Island Insurance Company and the Insurance Commissioner of the Sta...
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— After a trial by jury defendants were convicted of abortion and conspiracy to commit ábortion. They appeal from the judgments and from orders denying their motions for a new trial, contending that erroneous instructions were given with respect to the necessity for corroboration of the testimony of the woman on whom the asserted abortion was performed and that certain hearsay evidence was erro...
Views: 22
45 Cal.2d 228 (1955) THE PEOPLE, Respondent, v. LOUIS STARKY HOLBROOK, Appellant. Crim. No. 5709. Supreme Court of California. In Bank. Oct. 7, 1955. Bodkin, Breslin & Luddy and Henry G. Bodkin, Jr., for Appellant. Edmund G. Brown, Attorney General, Clarence A. Linn, Chief Assistant Attorney General, and Victor Griffith, Deputy Attorney General, for Respondent. *230 GIBSON, C.J. After a tr...
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— Defendant appeals from certain portions of the interlocutory decree of divorce and related orders. He challenges the propriety of the trial court’s assumption of *237 in personam, jurisdiction over him by virtue of the service of process on him without the state. His objections cannot prevail in view of the provisions of the governing statutes. (Code Civ. Proc., §§412, 413, 417.) Section ...
Views: 17
— Plaintiffs sought damages for personal injuries sustained when an automobile in which they were riding collided with a Southern Pacific switch engine. The automobile was owned by defendant Carmen R. Martinez, and *248 was being driven by bis son, defendant William Lopez Mar.tinez. The complaint alleged that William was driving the automobile with the permission of its owner, Carmen; that each...
Views: 20
— Plaintiff commenced this mandamus proceeding to compel the reinstatement of his state credentials to teach in the public schools. He named as defendants the State Board of Education, its members, and commission on credentials and its members, the board of education of the city and county of San Francisco, its members, and others. He charged in his petition that he holds an elementary credenti...
Views: 12
— Defendant Kingsburg Cotton Oil Company appeals from an adverse judgment entered on a jury verdict given after it had been granted a limited new trial on the sole issue of damages. No appeal was taken from the order granting the limited new trial. Defendant owns, and operates a cotton gin on land adjacent to plaintiffs’ property which is used for residential purposes and the operation of ...
Views: 12
— This is an appeal from a judgment of dismissal in an action to recover damages resulting from the alleged wrongful inundation of the property of the plaintiffs, Mr. and Mrs. Bauer. They own real property located in the vicinity of a watercourse and storm drainage system controlled by the defendants in Ventura County. On March 15, 1952, the waters contained in the defendants’ storm drain ditch...
Views: 12
— The State Controller appeals from an “Order Sustaining Objections to Report of Inheritance Tax Appraiser and Fixing Inheritance Tax,” which order had exempted certain death benefits paid to respondent by the San Francisco and State of California Retirement Systems. Government Code, section 31452, exempts such payments from property taxation but not from the state inheritance tax. (Estate of Simp...
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— I dissent. While I agree with the majority that the evidence is sufficient to support the findings of the local administrative committee and the Board of Governors that petitioner was *304guilty of unprofessional conduct in his dealings with his client Crumley I am disposed to agree with the discipline recommended by both the administrative committee and the Board of Governors of six months’ sus...
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— The Insurance Commissioner revoked Bonham’s licenses to act as insurance broker, insurance agent and life and disability agent upon making 15 findings that Bonham was guilty of misconduct, consisting of wilfully inserting false answers in applications for insurance and knowingly misrepresenting the nature and terms of the policies he was offering. The superior court, after reviewing the record ...
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— This is a proceeding in habeas corpus. In a complaint filed in the Municipal Court for the San JoseAlviso Judicial District, County of Santa Clara, the petitioner, Shirley Ann Flodstrom, was charged with the murder of her infant son. The preliminary examination was held on October 22, 1954. The petitioner was held to answer to the superior court where she moved to set aside the information unde...
Views: 4
— Defendant was charged by information with violating section 653f of the Penal Code in that he ‘‘solicit[ed the prosecutrix] to commit and join in the commission of the crime of Extortion.” After a trial by the court sitting without a jury, defendant was found guilty. His motion for a new trial was denied, but the proceedings were suspended and he was placed on probation. He appeals from the ord...
Views: 4
45 Cal.2d 317 (1955) THE PEOPLE, Petitioner, v. COUNTY OF TULARE et al., Respondents. Sac. No. 6640. Supreme Court of California. In Bank. Oct. 27, 1955. Edmund G. Brown, Attorney General, E. G. Benard, James E. Sabine and Irving H. Perluss, Assistant Attorneys General, and Edward P. Hollingshead, Deputy Attorney General, for Petitioner. Ralph B. Jordan, County Counsel, Calvin E. Baldwin, As...
Views: 5
— This is a proceeding in mandamus by petitioner, the Roman Catholic Welfare Corporation of San Francisco, to compel the issuance of a building permit for the construction of a building to be used for an elementary school in which secular and religious subjects were to be taught. The building permit was denied on the sole ground that a zoning ordinance of the city of Piedmont prohibited the constr...
Views: 0
— I dissent. I do not agree with the statement of the majority opinion that the common law so clearly forbids recovery in a case such as the one under consideration, or that under the circumstances here presented the consumption of the liquor, rather than its sale, should be considered the proximate cause of the death. For the reasons stated by me in my dissenting opinion in the case of Buckley v....
Views: 0
— In her seventh and final account, Ella Marie Ormsby, the guardian of the person and estate of De Witt Clinton Cookingham, took credit for the fees of an attorney and a psychiatrist. Her appeal is from the order disallowing the amounts claimed. Cookingham was committed to Patton State Hospital in 1942, and Mrs. Ormsby, his daughter, was appointed guardian of his person and estate. He remained ...
Views: 4
— Peirson M. Hall appealed “from that part of an interlocutory decree which ordered him to pay alimony and the fees of Mrs. Hall’s attorneys.” This court ordered that ‘1 [i] nsofar as the judgment awards Mrs. Hall $350 per *380month for support and maintenance, it is reversed; in all other respects it is affirmed.” (Hall v. Hall, 42 Cal.2d 435, 436, 442 [267 P.2d 249].) On the same day that the re...
Views: 0
— Defendants, appeal from a judgment for plaintiff in this action arising out of a contract for the per *390 formance of work on a state highway project. As grounds for reversal, defendants contend: (1) that plaintiff is precluded from maintaining this action because of failure to comply with the state licensing requirements (Bus. & Prof. Code, §§ 7025-7031); (2) that a prior judgm...
Views: 7
45 Cal.2d 395 (1955) 289 P.2d 233 FINANCIAL INDEMNITY COMPANY (a Corporation) et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; F. BRITTON McCONNELL, as Insurance Commissioner, etc., Real Party in Interest. Docket No. L.A. 23641. Supreme Court of California. In Bank. October 28, 1955. *397 John S. Bolton, Wright, Wright, Green & Wright, Loyd Wright and Dudley K. Wr...
Views: 6
— This is a proceeding to review the order of the Industrial Accident Commission denying death benefits to petitioner, who is the surviving wife of Joaquin Ruiz. (Lab. Code, §4701.) The denial was based on the ground that the claim was not filed within 240 weeks from the date of injury (Lab. Code, § 5406), even though that period had elapsed before the time of death. The plain language of the s...
Views: 12
— Defendants, Los Angeles Transit Lines, hereafter called Transit Lines, a common carrier of passen- *417 gers by bus in Los Angeles, Feb, the driver of one of its buses, Langendorf United Bakeries, hereafter called Langendorf, a corporation operating trucks delivering its products, and Harmell, the driver of one of its trucks, appeal from a judgment entered on a jury verdict for ...
Views: 5
— Plaintiffs Barbara and Joyce Emery, unemancipated minor daughters of plaintiff Esther Emery and defendant Buel Emery, brought this action to recover for personal injuries sustained in an automobile accident that occurred in the State of Idaho. At the time of the accident, Barbara and Joyce were riding as guests in an automobile owned by Buel and driven by defendant James Emery, their unemanci...
Views: 13
— This is an appeal from an order of the superior court denying a motion to vacate a judgment of conviction rendered by that court which imposed the death penalty for murder of the first degree after a plea of guilty; the motion in the court below was also for withdrawal of the plea of guilty, and for a stay of execution. The proceeding in the court below would thus appear to be an application fo...
Views: 10
— Petitioner is the defendant in an action brought to recover damages for fraudulent conversion of the assets of a business. (Foster v. Keating, 120 Cal.App.2d 435 *442[261 P.2d 529].) The case was tried without a jury, and after the conclusion of testimony the trial judge, Honorable Samuel F. Finley, said with reference to defendant’s testimony, “1 know some of those statements he made were untru...
Views: 0
— Plaintiffs, alleging that they were stockholders of Nevada Desert Inn, a Nevada corporation, commenced the instant action asserting it to be on their behalf and as representatives of the other stockholders. Among the *452 defendants are the Desert Inn and Burke, a director and officer of Desert Inn, other directors of the inn and also Lela M. Anderson and Harold M. Morse. Burke w...
Views: 16
— Defendant appeals from a judgment for $6,671.96 (plus $360, attorney’s fees), foreclosing a chattel mortgage on described personal property, ordering the sale of the property, and for a deficiency judgment if the sale price was not sufficient to satisfy the amount secured by the mortgage. Four hundred and forty-four dollars and fifty-five cents was realized from the sale, hence the deficiency j...
Views: 11
— Plaintiff sued three, members of the Los Angeles Police Department seeking damages for false arrest and imprisonment. Defendants did not demur, but when the case came on for trial they objected to the introduction of any evidence on the ground that the complaint did not state a cause of action. The objection was sustained, and defendants’ motion for judgment on the pleadings was granted witho...
Views: 26
— This is an appeal from a summary judgment for the plaintiff. The pleadings and affidavits in support of the motion for the judgment disclose that the controversy arises from the contractual relations of the parties in the sale and purchase of sugar beets during the years 1945 to 1949 inclusive. On November 1, 1945, the defendant Union Sugar Company leased to California Lettuce Growers ap...
Views: 9
— Defendant S. W. Corlett 1 appeals from a judgment pursuant to a jury verdict against him in the *492 amount of $25,000 in an action for malicious prosecution and for false imprisonment. Plaintiff brought two such actions, the present action, which is based upon defendant’s charge that plaintiff stole a Cadillac autoipobile, and a second actióñ; which is based upon defe...
Views: 11
— A rehearing was granted in this case so that plaintiff's supplemental reply brief might be considered by this court. We have examined said brief and find nothing therein which compels any change in our decision as heretofore filed. Plaintiff Griffith Company appeals from an order denying its motion to vacate an arbitrators’ award and from a judgment entered on an order confirming the awa...
Views: 17
— This is an appeal from a judgment for the defendants following an order sustaining their demurrers without leave to amend. The main purpose of the action is to have it declared that a deed issued to the State of California for delinquent ad valorem taxes for the fiscal year 1935-1936 is invalid. The real property consists of patented mining claims on four parcels of land and the minerals...
Views: 0
45 Cal.2d 524 (1955) HARRIET JANE BERTCH et al., Appellants, v. SOCIAL WELFARE DEPARTMENT OF THE STATE OF CALIFORNIA, Respondent. S. F. No. 19232. Supreme Court of California. In Bank. Nov. 15, 1955. Howard B. Crittenden, Jr., for Appellants. Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and Raymond M. Momboisse, Deputy Attorney General, for Respondent. CA...
Views: 11
— Defendant was charged by information in count 1 with grand theft of an automobile (Pen. Code, § 487, subd. 3), in count 2 with violation of section 503 of the Vehicle Code,1 and in counts 3 and 4 with manslaughter (Pen. Code, §192).2 A jury found defendant not guilty of count 1 and guilty of counts 2, 3, and 4. Defendant appeals from the judgment as to count 2. Defendant contends: (1) the eviden...
Views: 1
— Fairfield Gardens, Inc., a California corporation, hereinafter called Fairfield, brought an action against the county of Solano to recover taxes paid under protest that were levied against its possessory interest in tax exempt land and improvements. (Rev. & Tax. Code, § 5138.) It appeals from a judgment that it recover nothing and that defendant recover costs. Fairfield constructed two h...
Views: 1
— Victor Valley Housing Corporation and Mesa Estates, Inc., California corporations, hereinafter called Victor Valley and Mesa, brought actions against the county of San Bernardino (Rev. & Tax. Code, § 5103) for recovery of taxes paid under protest that were levied against possessory interests in tax exempt land and improvements for the tax year 1953-1954. The actions were consolidated for tria...
Views: 1
— El Toro Development Co., a California corporation, hereinafter called El Toro, brought an action against the county of Orange (Rev. & Tax. Code, § 5138) to recover taxes paid under protest that were levied against personal property and possessory interest in tax-exempt land *587 and improvements. Plaintiff appeals from a judgment that it recover nothing. El Toro had a 571-un...
Views: 2
— I dissent. I would reverse the judgment and order on all counts. Defendants were convicted of four crimes alleged to be part of an extensive criminal venture whereby Tarantino used threats of exposure by magazine and radio to extort money from his victims. Since the victims were of unsavory character, to convince the jury, it was necessary for the prosecution to substantiate its case by evidence...
Views: 0
— In this proceeding the People seek the forfeiture of an automobile for being used in violation of section 11610 of the Health and Safety Code. The notice of seizure and intended forfeiture (Health & Saf. Code, § 11612 et seq.) was directed to Mrs. V. E. Phillips, the registered owner, Ronald Leon Phillips, her son, and the Bank of America, the legal owner. Mrs. Phillips defaulted. The bank an...
Views: 19
— On March 7, 1951, approximately 19 years after the death of Channcey L. Hartman, a verified petition was filed in the Superior Court of San Bernardino County on behalf of his widow, Nellie May Hartman, by her son-in-law, Charles R. McLaren, alleging that the decedent had an undivided two-thirds interest in certain real property of the value of $4,075 and that the widow had an undivided one-third...
Views: 0
— Plaintiffs and cross-defendants in this quiet title action appeal from a decree adjudging that defendants and cross-complainants are the owners of an easement over plaintiffs’ land on which is constructed a flood-control levee, and enjoining plaintiffs from interfering in any manner with defendants’ lawful use and enjoyment thereof. The cause was submitted upon an agreed statement of facts. ...
Views: 2
— Defendant company appeals from a judgment holding it liable on a subscription pledge for the building of a hospital. As ground for reversal, it contends that the evidence is insufficient to sustain the judgment. In deciding this question, the power of the appellate court is limited to the determination of whether there is any evidence, contradicted or uncontradicted, which will support the judg...
Views: 4
— By information defendant was charged with one count of possessing heroin in violation of Health and Safety Code, section 11500, a felony. Her motion to set the information aside (see Pen. Code, § 995) was granted on the ground that all of the evidence of the crime other than admissions was obtained by an illegal search of her person in violation of her constitutional rights. The People appeal. ...
Views: 25
— By information defendant was charged with one count of possessing a narcotic in violation of Health and Safety Code, section 11500, a felony. His motion to set the information aside (see Pen. Code, § 995) was granted on the ground that all of the evidence against him, other *647 than admissions, was obtained by an illegal search of his person in violation of his constitutional ri...
Views: 12
— By information defendant was charged with one count of possessing heroin in violation of Health and Safety Code, section 11500, a felony. Her motion to set the information aside (see Pen. Code, § 995) was granted on the ground that all of the evidence of the crime other than admissions was obtained by an illegal search of her person in violation of her constitutional rights. The People appeal. ...
Views: 21
45 Cal.2d 657 (1955) J. S. GARMON et al., Respondents, v. SAN DIEGO BUILDING TRADES COUNCIL et al., Appellants. L. A. No. 23005. Supreme Court of California. In Bank. Dec. 2, 1955. Todd & Todd, Thomas Whelan, John T. Holt and Clarence E. Todd for Appellants. Gray, Cary, Ames & Frye, James W. Archer and Ward W. Waddell, Jr., for Respondents. EDMONDS, J. The Garmons, while engaged in...
Views: 19
45 Cal.2d 677 (1955) CHARLES H. BENTON, INC. (a Corporation), Respondent, v. PAINTERS LOCAL UNION NO. 333 et al., Appellants. L. A. No. 22750. Supreme Court of California. In Bank. Dec. 2, 1955. P. H. McCarthy, Jr., F. Nason O'Hara and Herbert S. Johnson for appellants Painters Local Union No. 333 and United Slate, Tile & Composition Roofers Local No. 45. Thomas Whelan for appellant Buil...
Views: 16
pro. tem. * — This cause was transferred to this court after decision by the District Court of Appeal, Third Appellate District. Upon further examination of the record, we adopt the opinion of Mr. Presiding Justice Van Dyke, with such omissions and additions as hereinafter ap *688 pear, as and for the decision of this court. As modified, it reads: “The city of Susan...
Views: 9
— The defendants were convicted of first degree murder and sentenced to suffer the penalty of death. Their motions for a new trial were denied. They appeal from the judgments and from the orders denying their motions for a new trial. On Saturday evening, March 28, 1953, Charles Rose, a driver for the Yellow Cab Company, was found slumped in a semiconscious condition behind the wheel of his cab ...
Views: 15
45 Cal.2d 710 (1955) CITY OF VERNON, Appellant, v. CITY OF LOS ANGELES, Respondent. L. A. No. 22911. Supreme Court of California. In Bank. Dec. 6, 1955. Carson B. Hubbard, City Attorney, Edward R. Young, John F. O'Hara and John W. Shenk III for Appellant. Roger Arnebergh, City Attorney, Bourke Jones and John L. Flynn, Assistant City Attorneys, and Weldon L. Weber, Deputy City Attorney, for R...
Views: 8
— Petitioner, a municipal corporation of the sixth class, seeks a writ of mandate requiring respondent city treasurer to sign, and respondent city clerk to countersign, certain revenue bonds which the city proposes to issue pursuant to the Revenue Bond Law of 1941. (Gov. Code, § 54300 et seq.) Mandamus is, of course, an appropriate remedy to compel respondents to sign the bonds, if the propose...
Views: 10
— Defendant Pacific Gas and Electric Company appeals from a judgment rendered against it in plaintiffs ’ action for damages for the destruction of their property by fire, assertedly caused by negligence of defendant. As grounds requiring reversal defendant urges insufficiency of the evidence to support a finding of negligence on its part, as well as various allegedly prejudicial errors on the p...
Views: 9
— By information defendant was charged with four counts of possessing narcotics in violation of Health and Safety Code, section 11500, and one prior felony conviction of violating the same section. Her motion to set the information aside (see Pen. Code, § 995) was granted on the ground that all of the evidence against her had been obtained by an illegal search and seizure in violation of her cons...
Views: 68
— By information defendant was charged with two counts of horse-race bookmaking (Pen. Code, § 337a, subd. 1) and two counts of keeping and occupying premises for the purposes of such bookmaking. (Pen. Code, § 337a, subd. 2.) The trial court granted defendant’s motion to set the information aside (see Pen. Code, § 995) on the *758 ground that all of the evidence against him had been obtained by ...
Views: 41
— This is an appeal from a declaratory judgment holding valid an arbitration award made during the period of wage controls imposed during the Korean conflict. Upon a review of the record, we have concluded that the undisputed facts sustain the judgment of the trial court. After a long history of collective bargaining, the parties on January 1, 1950, executed a “Retail Food Agreement”— here...
Views: 11
— By information petitioner was charged with one count of keeping and occupying a room for the purpose of horse race bookmaking and one count of recording and registering a bet on a horse race. (Pen. Code, § 337a, subds. 2, 4.) He moved to set the information aside on the ground that he “had been committed without reasonable or probable cause” (Pen. Code, § 995) in that the evidence against him h...
Views: 10
— Defendant appeals from an order granting him probation and an order denying his motion for a new trial entered after he was found guilty by a jury of one count of possessing marijuana (Health & Saf. Code, § 11500) and one count of planting and cultivating marijuana. (Health & Saf. Code, § 11530.) Defendant, a 23-year-old law student, occupied a room with a bath in the home of Don Stevens...
Views: 27
— Plaintiff, a dairy farmer, producer and seller of milk, recovered damages in the sum of $20,314.19 against defendant, Knudsen Creamery Company (hereinafter referred to as defendant), engaged in the business of processing and selling milk, for breach of contract, in an action against defendant and several unions and their officers. Judgment was for the unions denying plaintiff damages or an inju...
Views: 4
— Plaintiff college brought this action for declaratory relief and for reformation of certain promissory notes and a deed of trust which it executed in connection with the purchase of a tract of land. The defendants, who include two of the sellers and the executor of the third, will for convenience be referred to as the sellers. By cross-complaint the sellers sought cancellation of all instrument...
Views: 6
— A judgment dissolving the partnership of Nick, Ernest and Charles Vangel and determining their respective financial interests in it was reversed with directions to take an accounting and enter a judgment in accordance with the views expressed in the opinion. (Vangel v. Vangel, 116 Cal.App.2d 615 [254 P.2d 919].) Upon the retrial, the values of the respective shares to which the former partn...
Views: 16
— Plaintiffs, Jessie and Jesus Seneris, husband and wife, appeal from judgments of nonsuit entered in favor of all three defendants, Dr. George S. Haas, Dr. James S. West, and Methodist Hospital of Southern California, in an action for damages for malpractice. On March 22, 1951, plaintiff Jessie Seneris, 37 years of age, and the mother of four children, was admitted to defendant *81...
Views: 11
pro tem.* — Lou B. Rowland,† the assignee of the interests of C. E. Burton and his wife in a parcel of real property, brought a suit in the Superior Court of Yolo County entitled 11 Complaint to Compel Redemption and to Quiet Title.” Named as defendants were Harvey 0. Barthel and his wife and the Bank of Davis. This appeal is from a judgment entered upon an order sustaining a general demurrer to t...
Views: 0
45 Cal.2d 843 (1955) 291 P.2d 463 ROBERT A. HOLDERBY, Respondent, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION NO. 12 (an Unincorporated Association) et al., Appellants. Docket No. L.A. 23488. Supreme Court of California. In Bank. December 29, 1955. *844 Parker, Stanbury, Reese & McGee and Raymond G. Stanbury for Appellants. Aaron Sapiro for Respondent. SHENK, J. This is an appe...
Views: 6
— This proceeding in certiorari was brought to review action taken by respondent superior court in connection with an appeal from a justice court order denying the People a lien. The controversy arose out of attempts by the People to collect delinquent sales taxes from petitioner MeClearen by establishing a lien against his claim for wages due from his former employer, Moore Brothers. The ...
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— This is a proceeding in which petitioner, a public utility and California corporation engaged in the production and sale of electricity in Oregon and California, hereafter referred to as defendant, seeks to have the respondent Superior Court in Siskiyou County prohibited from trying an action pending therein in which the State of California is plaintiff and the power company a° defendant. ...
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— This action was brought by Mrs. Sefton to enforce the alimony provisions of a property settlement agreement. The facts are not disputed. On December 6, 1951, Mrs. *874 Sefton was granted a final decree of divorce from the defendant. The decree confirmed and incorporated by reference a property settlement agreement which obligated the defendant to pay Mrs. Sefton $275 monthly...
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— This is an appeal by the defendant Skaggs Pay Less Drug Stores from a judgment in favor of the plaintiff Scovill Manufacturing Company in an action based on the Fair Trade Act of 1931 as amended in 1933 and 1941 (Bus. & Prof. Code, §§ 16900-16905). The plaintiff sought to enjoin the retail sale of its products at prices below those specified by it as the producer. There is also an appeal from a ...
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— This is an appeal by the plaintiff General Electric Company from a judgment of nonsuit. There is also an appeal by the defendant Federal Employees’ Distributing Company from an order granting the plaintiff’s motion for a new trial. The action is by the General Electric Company to enjoin the retail sales of its products by the defendant at prices below those alleged to have been established in co...
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— This proceeding in prohibition was commenced by the General Electric Company to prevent the enforcement by the respondent superior court of its order requiring the petitioner to produce certain of its books and records for inspection by the real party in interest, the Affiliated Government Employees Distributing Company, Inc. The order was made pursuant to discovery procedures (Code Civ. Proc., ...
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— This appeal presents the same problem as that disposed of in Manning’s, Inc. v. Burkett, ante, p. 43 [286 P.2d 13], decided this day, and that decision is controlling here. The judgment is reversed....
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— This appeal presents the same problem as that disposed of in Manning’s, Inc. v. Burkett, ante, p. 43 [286 P.2d 13], decided this day, and that decision is controlling here. The judgment is reversed....
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In this certiorari proceeding petitioner seeks annulment of an order of respondent superior court adjudging him guilty of a direct contempt of court and sentencing him to serve “five 24-hour days” in the county jail. We have concluded that, contrary to petitioner’s contention, the court correctly held petitioner’s acts to constitute a direct, rather than an indirect, contempt, and that the judgmen...
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Plaintiffs appeal from a judgment on the pleadings in an action to enforce specifically defendant mining company’s contract to convey certain real property and to quiet the adverse claim of defendant Heney. Defendants’ objections to the introduction of evidence and their motion for judgment on the pleadings were based on the following grounds: (1) the complaint failed to state a cause of action...
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Plaintiffs A. F. Gelhaus and Elvera H. Gelhaus appeal from a judgment entered after the granting of defendant’s motion for judgment notwithstanding the verdict in an action brought to recover damages for breach of a contract to supply water. Stated most favorably to plaintiffs, the facts are as follows: In May, 1950, defendant irrigation district’s ditch tender Huber took the application of A. F. ...
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This is an appeal by the attorney general from an order denying his petition to determine heirship. (Prob. Code, § 1080.) He previously attacked this ruling in a mandamus proceeding, contending that the superior court sitting in probate had erroneously failed to take jurisdiction of the heirship issue. We held that the court had acted in disposition of that issue when it determined that the “attor...
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Cutter Laboratories, Inc., appeals from a judgment entered upon the granting of an order confirming the award of an arbitration board. (See Code Civ. Proc., §§ 1291-1293.) By the award, rendered by two of the three arbitrators with the third dissenting, it was held that appellant (hereinafter sometimes termed the company) had discharged one of its employes in violation of a collective bargaining a...
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Each of these three cases arises out of a suit brought by the state to enjoin unreasonable waste of gas, and each involves the question whether certain defendants are entitled to a writ of prohibition to prevent the trial of issues raised by a cross-complaint filed by other defendants. Following a complaint by some of the operators in an oil field that there was an unreasonable waste of ga...
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This is an appeal from a judgment in an interpleader action which held the appellant's claim to be barred under the defensive plea of res judicata. Walter C. Cox is in the business of heir-hunting. Lucy Falkner, Charles J. C. Strube, and Reinhold Strube were the heirs of Charles G. Moore. Cox obtained written assignments of 40 per cent of each heir’s interest in Moore’s estate in considera...
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Petitioner, an inmate of the state prison at Folsom, seeks his release on habeas corpus. This court issued an order to show cause upon petitioner’s claim that the superior court was without jurisdiction to pronounce judgment against *840 him because he was not represented by counsel at the preliminary hearing, and because his plea of guilty, entered in the superior court while he was not repres...
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43 Cal.2d 847 (1955) 279 P.2d 13 M & M LIVESTOCK TRANSPORT COMPANY (a Corporation), Respondent, v. CALIFORNIA AUTO TRANSPORT COMPANY et al., Defendants; WALTER ALVES et al., Appellants. VERN BAKER, Respondent, v. WALTER ALVES et al., Appellants. Docket Nos. L.A. 23197, 23198. Supreme Court of California. In Bank. January 28, 1955. *848 Conron, Heard & James and Calvin H. Conron for Appell...
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This case involves the interpretation of section 583 of the Code of Civil Procedure. * On April 21, 1948, *858 plaintiff commenced an action. First and second amended complaints were filed before defendants appeared. Defendants’ demurrers to plaintiff’s second, third and fourth amended complaints were sustained with leave to amend. On March 4,1953, the court made an orde...
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43 Cal.2d 864 (1955) THE PEOPLE, Respondent, v. JOHNSON WILLIAM CALDWELL, Appellant. Crim. No. 5621. Supreme Court of California. In Bank. Jan. 28, 1955. Rubin Tepper, under appointment by the Supreme Court, for Appellant. Edmund G. Brown, Attorney General, and Norman H. Sokolow, Deputy Attorney General, for Respondent. TRAYNOR, J. Defendant was charged by information with the murder of hi...
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Clarence R. Long died July 7, 1949, as the result of a gunshot wound. At that time three policies of life insurance issued by defendant company on his life were in effect. One of the policies, issued in 1941, provided for double indemnity in' the event of death by accidental means. The other two policies, issued in 1948, had a two-year incontestable clause, and for that period did not insure ag...
Views: 4

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