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All Reporters → cal-lexis → Volume 1957
Opinions in cal-lexis Volume 1957
On June 20, 1955, plaintiffs filed an amended complaint consisting of three counts in which they sought (1) a declaration of rights, (2) a determination of conflicting claims to realty, and (3) the nullification of a judgment and an execution sale of realty pursuant thereto.
On June 29, defendants Biscailuz, sheriff of Los Angeles County; the Municipal Court of the Los Angeles Judicial
...
Views: 7
From a judgment denying his application for a writ of mandate to compel respondents to reinstate him to a position he had formerly held as deputy sheriff of Los Angeles County, petitioner
*
appeals.
Facts
•. Petitioner, a deputy sheriff of Los Angeles County, ■was charged with filing a report he knew to be false stating that his superior officer, Sergeant Mallette, was in...
Views: 15
Page 160
After a jury trial, defendants Foote, Johnson and Curtis were found guilty of robbery in the first degree and of conspiracy to commit robbery. Each defendant appeals separately from the judgment of conviction and from the order denying his motion for a new trial. On July 31, 1955, near 10 p. m., two men, whose faces were masked by silk stoeldngs, threatened the cashier of a drive-in movie theat...
Views: 15
On November 28, 1952, the county of San Diego filed an action for declaratory relief and an accounting for monies claimed to be due for the years 1947 to 1951, inclusive, for franchises granted by the county to defendant under the Broughton Act (Pub. Util. Code, §§ 6001-6017). That act fixed the payments at “. . . two percent (2%) of the gross annual receipts of the grantee arising from the use, o...
Views: 0
Plaintiffs Marion Wildman and Elvaree Wildman, husband and wife, appeal from a judgment in favor of Government Employees’ Insurance Company.
On February 3, 1955, Eusebio Bonifacio and Cecilia Bonifacio were the owners of a 1953 Cadillac coupe automobile. Plaintiff Elvaree suffered personal injuries and the property of both plaintiffs was damaged, on February 3, 1955, as the result of the n...
Views: 27
Dr. H. E. Shepherd, a civil service employee holding the position of a supervising veterinary meat inspector with the California Department of Agriculture, was dismissed in January of 1952 by the director of the department, and, after a hearing, the State Personnel Board approved the dismissal. In this mandamus proceeding, the superior court, after determining that some of the findings and conclu...
Views: 18
Page 164
Vincent W. Hallinan was convicted of violating section 145, subdivision (b), of the Internal Revenue Code (26 U.S.C. § 145, subd. (b)), by “wilfully and knowingly filing false and fraudulent income tax returns.” He did not appeal, and the time for appeal having elapsed, The State Bar filed with this court a certified copy of the indictment and judgment of conviction and asked that he be discipl...
Views: 16
This is an appeal by defendants Arvidson, Carroll and Cairns, makers (with Reed who does not appeal) of a $30,000 promissory note, from a deficiency judgment, after sale under a securing chattel mortgage, in favor of plaintiff, payee of the note. Two negotiable notes, one for $30,000, bearing 5 per cent interest, and the other for $10,000, were dated June 14, 1950. The first became due in 60 da...
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Page 166
This is a proceeding predicated on an order of this court directing petitioner, an attorney at law, to show cause why he should not be disciplined pursuant to the provisions of section 6101 of the Business and Professions Code, and his return thereto. Petitioner pleaded guilty to violating subdivision 5 of section 647 of the Penal Code (vagrancy). It is there provided, among other things, that ...
Views: 23
This is an appeal from the judgment of dismissal following an order sustaining the defendant’s oral demurrer to the introduction of any evidence on behalf of the plaintiff.
The plaintiff seeks to recover dividends to which its claims to be entitled upon an agreement made in conjunction with the purchase of a policy of workmen’s compensation insurance.
As finally amended the complaint ...
Views: 15
Defendant appeals (Pen. Code, § 1239, par. (b)) from a judgment pursuant to a jury verdict which found him guilty of murder in the first degree and expressly fixed the penalty at death, and from an order denying his motion for new trial. He contends that the evidence shows only murder of the second degree and that this court should reduce the degree (Pen. Code, § 1260), or, in the alternative, th...
Views: 22
48 Cal.2d 93 (1957)
308 P.2d 1
CITY OF GLENDALE, Appellant,
v.
CHRISTINE TRONDSEN, Respondent. CITY OF GLENDALE, Appellant,
v.
CHARLES JARMER, Respondent. CITY OF GLENDALE, Appellant,
v.
R.E. TISDALE, Respondent.
Docket Nos. L.A. 24116, 24117, 24118.
Supreme Court of California. In Bank.
March 12, 1957.
*95 Henry McClernan, City Attorney, John H. Lauten, Assistant City Attorney, and Joseph W. Rai...
Views: 10
48 Cal.2d 107 (1957)
E. P. O'MALLEY, as Secretary, LOCAL 128, OIL WORKERS INTERNATIONAL UNION, CIO, Respondent,
v.
PETROLEUM MAINTENANCE COMPANY (a Limited Partnership) et al., Appellants.
L. A. No. 24302.
Supreme Court of California. In Bank.
Mar. 12, 1957.
Madden & McCarry for Appellants.
Wirin, Rissman & Okrand and Fred Okrand for Respondent.
CARTER, J.
This is an appeal by Petr...
Views: 9
This is an appeal by the Controller of the State of California from a judgment of the superior court, sitting in probate, which sustained respondent George Badovich ’s objections to the report of the inheritance tax appraiser and which fixed the inheritance tax on the estate of Jack B. Badovich, deceased.
The facts are not in dispute.
In 1934, when George Vukoye (now legally known as George Badovi...
Views: 0
Plaintiffs sued to have a deed of trust, which named plaintiffs Carlo Firato and Salino Firato as beneficiaries, declared a first lien upon the real property described therein and to cancel a purported reconveyance executed by the original trustee. General and special demurrers of respondents to the first amended complaint were sustained with leave to amend. Plaintiffs appeal from the judgment ...
Views: 0
Plaintiffs George W. Lewis and Paul C. Queen are engaged in the contracting business as the partnership of Lewis and Queen, hereinafter referred to as plaintiff. Defendant Ball Sons, hereinafter referred to as defendant, is also in the contracting business.
*145In June, 1949, defendant was awarded two contracts by the state, each contract for the construction of a separate section of the Hollywood...
Views: 1
Page 174
This is the second habeas corpus proceeding instituted in this state involving the respective claims of Thelma B. Wren, the mother, and Thomas Francis Wren II, the father, to the custody of their son Thomas Francis Wren III. The boy is their only child, and he is now five years of age.
The first proceeding in this state was instituted by the father in the Superior Court of Alameda County. ...
Views: 4
48 Cal.2d 166 (1957)
FELIX BARRERA et al., Appellants,
v.
ARMONDO A. DE LA TORRE, Respondent.
L. A. No. 23875.
Supreme Court of California. In Bank.
Mar. 22, 1957.
Ernest V. Shockley and Edward Raiden for Appellants.
Schell, Delamer & Loring and Fred B. Belanger for Respondent.
SPENCE, J.
Plaintiffs, husband and wife, appeal from a judgment for defendant entered on a jury verdict in an...
Views: 19
Harriet Palmer filed a petition for probate of two holographic documents claimed to be codicils to the last will and testament of Willinore M. Fosselman. One reads: “I give and bequeath to my friend, Harriet Palmer, the sum of ten thousand 10,000 June 17th 1953 to be paid to her after my death (death). Willinore M. Fosselman 4656 - 49th St. San Diego, Cal.” The other reads: “Jan. 12th, 1955 “When ...
Views: 2
48 Cal.2d 189 (1957)
309 P.2d 10
THE PEOPLE ex rel. Department of Public Works, Appellant,
v.
FRED J. RUSSELL, Respondent.
Docket No. L.A. 24315.
Supreme Court of California. In Bank.
March 22, 1957.
*191 George C. Hadley, William E. Fisher, Jr., and Robert F. Carlson for Appellant.
Roger Arnebergh, City Attorney (Los Angeles), Bourke Jones, Assistant City Attorney, Peyton H. Moore, Jr., and Weld...
Views: 43
Page 178
48 Cal.2d 228 (1957)
CLAUDINE HERDA, Appellant,
v.
CLARENCE HERDA, Respondent.
S. F. No. 19342.
Supreme Court of California. In Bank.
Mar. 22, 1957.
Henry W. Schaldach for Appellant.
ChaS.E. R. Fulcher for Respondent.
TRAYNOR, J.
Plaintiff and defendant were married in 1925 and separated in 1937. On March 1, 1938, they executed a property settlement agreement. It recited that owing to disp...
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Page 179
The appeals in this case are from judgments imposing the death penalty and from orders denying motions for a new trial.
Lynn V. Peaster, night clerk in a Long Beach liquor store, was killed on the morning of December 23, 1953. He had been shot in the mouth, apparently about midnight. His body was lying near the open cash register drawer and his revolver, still fully loaded, was found near ...
Views: 26
48 Cal.2d 259 (1957)
CHARLES P. BRATNOBER, Respondent,
v.
GERALDINE R. BRATNOBER, Appellant.
S. F. No. 19168.
Supreme Court of California. In Bank.
Apr. 9, 1957.
Livingston & Feldman, Isabella H. Grant and Lawrence Livingston for Appellant.
Mervyn Schneider and Anthony E. O'Brien for Respondent.
SPENCE, J.
Defendant wife appeals from an order modifying interlocutory and final judgments...
Views: 15
This is an appeal from a judgment for the plaintiff, in an action for declaratory relief, for overdue rent, and to quiet title.
On July 27, 1948, the plaintiffs entered into a lease of three vacant lots to the defendants Hamilton and Grays who were engaged in an automobile repair business. The lease was for a term of 10 years from that date. The lessees covenanted to pay rent at a monthly ...
Views: 9
48 Cal.2d 283 (1957)
309 P.2d 23
ALBERT WALTER GARIBALDI, a Minor, etc., et al., Appellants,
v.
BORCHERS BROS. (a Corporation) et al., Respondents.
Docket No. S.F. 19326.
Supreme Court of California. In Bank.
April 9, 1957.
*286 Bruce F. Allen and Douglas, Zingheim & Allen for Appellants.
William J. Connolly and Donald F. Farbstein for Respondents.
SPENCE, J.
Plaintiffs, father and minor son,...
Views: 1
48 Cal.2d 301 (1957)
THE PEOPLE, Respondent,
v.
JOHN E. CHEARY, Appellant.
Crim. No. 5981.
Supreme Court of California. In Bank.
Apr. 9, 1957.
Jack B. Lamb for Appellant.
Edmund G. Brown, Attorney General, Thomas W. Martin, Chief Assistant Attorney General, and Doris H. Maier, Deputy Attorney General, for Respondent. *307
TRAYNOR, J.
A jury returned a verdict that defendant was guilty of m...
Views: 42
This is an appeal by the city of Los Angeles from a judgment entered upon a retrial after a decision by this court
(City of Los Angeles
v.
Belridge Oil Co.,
42 Cal.2d 823 [271 P.2d 5]) reversing a judgment in favor of defendant, Belridge Oil Company.
The only question involved here is whether the trial court properly applied the law as set forth in our decision
...
Views: 18
Plaintiff appeals from a judgment against her in this action in which she unsuccessfully sued her former husband to set aside a property settlement agreement of the parties and deeds executed by plaintiff to defendant pursuant to such agreement. Plaintiff claims, contrary to the findings and conclusions of the trial court, that defendant induced her to execute the property settlement agreement an...
Views: 9
In bthis ease, Hughes, the attorney for the executor under decedent’s will in the above mentioned estate, petitioned the superior court administering probate law in the estate proceedings, to have it ordered that he be paid attorney’s fees for extraordinary services performed in opposing the proceeding in the lower court and on appeal by decedent’s widow to revoke the will of decedent as to her o...
Views: 0
Page 187
This litigation has been here before. It is an action commenced in 1950 by plaintiff, a stockholder in Norman Decorating Company, Inc., a corporation, against the corporation and Carl Norman, another stockholder, the main defendants, to contest the validity of an election of corporate directors including Norman, to void shares issued to Norman and obtain an accounting of corporate funds alleged...
Views: 8
This is an automatic appeal from' a judgment imposing the death penalty after a jury verdict finding the defendant guilty of first degree murder and fixing the penalty as death. Defendant was found sane by a jury after trial on his plea of not guilty by reason of insanity. The record does not disclose that a motion for a new trial was made by or on behalf of defendant. Defendant, David J. Harde...
Views: 24
Petitioner, State of California Subsequent Injuries Fund, seeks annulment of an award against it made by respondent commission in a proceeding by an employer’s insurance carrier to secure, under the provisions of section 5500.5 of the Labor Code, apportionment of liability to an employe who had become permanently totally disabled from silicosis suffered as the result of successive employments. We ...
Views: 17
48 Cal. 2d 365 (1957)
STATE OF CALIFORNIA, SUBSEQUENT INJURIES FUND, Petitioner,
v.
INDUSTRIAL ACCIDENT COMMISSION and RAYMOND C. WALTERS et al., Respondents.
L. A. No. 24468.
Supreme Court of California. In Bank.
Apr. 19, 1957.
Edmund G. Brown, Attorney General, Irving H. Perluss, Assistant Attorney General, Patrick T. McCormick and F. G. Girard, Deputy Attorneys General, for Petitioner.
Ev...
Views: 20
48 Cal.2d 378 (1957)
CARL M. FRAENKEL, Appellant,
v.
J. G. TRESCONY, Respondent.
S. F. No. 19670.
Supreme Court of California. In Bank.
Apr. 19, 1957.
Carroll F. Jacoby and Jack Flinn for Appellant.
John W. Hutton for Respondent.
SPENCE, J.
Plaintiff sought to recover the unpaid balance allegedly due from defendant for the construction of a grain elevator. Upon the ground that plaintiff fa...
Views: 4
This is an appeal by the defendant John Calvin Tipton from a judgment of conviction and from an order denying his motion for a new trial. He was charged by information with the murder of Oletta Camille Johnson. The jury found him guilty of murder of the first degree and the death penalty was imposed. There is no dispute as to the facts surrounding the commission of the crime. Prior to trial the...
Views: 23
Defendant pleaded not guilty to a charge alleged in the information in the following terms: “Robbery, in violation of section 211, Penal Code, . . . committed as follows: That [defendant] . . . did willfully, unlawfully, feloniously and forcibly take from the person and immediate presence of Jack J. Martens . . . Seventy Dollars . . . and an automobile . . .” Jury trial was waived. After trial,...
Views: 20
Page 194
48 Cal. 2d 408 (1957)
In re C. L. ATCHLEY, on Habeas Corpus.
Crim. No. 5749.
Supreme Court of California. In Bank.
Apr. 23, 1957.
C. L. Atchley, in pro. per., and Michael di Leonardo, under appointment by the Supreme Court, for Petitioner.
Edmund G. Brown, Attorney General, Doris H. Maier and J. M. Sanderson, Deputy Attorneys General, for Respondent.
SCHAUER, J.
By his petition for habeas ...
Views: 15
48 Cal.2d 419 (1957)
311 P.2d 508
FIRST UNITARIAN CHURCH OF LOS ANGELES (a Corporation), Appellant,
v.
COUNTY OF LOS ANGELES et al., Respondents.
Docket No. L.A. 23847.
Supreme Court of California. In Bank.
April 24, 1957.
*424 William R. Murrish, George T. Altman and Robert L. Brock for Appellant.
Charles E. Beardsley and Stanley A. Weigel as Amici Curiae on behalf of Appellant.
Harold W. Kenned...
Views: 17
48 Cal.2d 472 (1957)
DANIEL PRINCE, Appellant,
v.
CITY AND COUNTY OF SAN FRANCISCO, Respondent.
S. F. No. 19450.
Supreme Court of California. In Bank.
Apr. 24, 1957.
Lawrence Speiser and Ralph Wertheimer for Appellant.
Charles E. Beardsley and Stanley A. Weigel as Amici Curiae on behalf of Appellant.
Dion R. Holm, City Attorney, Walker Peddicord, Chief Deputy City Attorney, and Robert M. De...
Views: 13
48 Cal. 2d 476 (1957)
THE PEOPLE, Respondent,
v.
UNION OIL COMPANY (a Corporation), Appellant.
Sac. No. 6610.
Supreme Court of California. In Bank.
Apr. 26, 1957.
L. A. Gibbons, Douglas C. Gregg, A. Andrew Hauk and Lewis D. Lawrence for Appellant.
Edmund G. Brown, Attorney General, James E. Sabine and Irving H. Perluss, Assistant Attorneys General, for Respondent.
SPENCE, J.
Plaintiff soug...
Views: 5
Defendant was charged by information in two counts, robbery (Pen. Code, § 211) in Count I and kidnaping for the purpose of robbery (Pen. Code, § 209) in Count II, and was found by a jury to be guilty on both counts as charged. The conviction was affirmed by the District Court of Appeal, Second Appellate District, Division One, on March 29, 1955. (People v. Randazzo, 132 Cal.App.2d 20 [281 P.2d 289...
Views: 0
48 Cal.2d 500 (1957)
AUGUST MAURICE NARDONI et al., Appellants,
v.
F. BRITTON McCONNELL, as State Insurance Commissioner, etc., Respondent.
L. A. No. 24423.
Supreme Court of California. In Bank.
May 6, 1957.
Bernard C. Brennan, William E. Cornell, Blase A. Bonpane and Hill, Farrer & Burrill for Appellants.
Edmund G. Brown, Attorney General, and Lee B. Stanton, Deputy Attorney General, fo...
Views: 18
A writ of certiorari was issued for the purpose of reviewing an order of the superior court adjudging petitioner to be in contempt for refusing to make certain payments to his former wife in accordance with the provisions of their property settlement agreement and decree of divorce, and directing that petitioner be imprisoned if he fails to comply with the court’s order of payment. We have conclud...
Views: 0
This is a petition for a writ of mandate to compel the trial court to restore its order setting bail in the sum of $1,000. *527Chronology i. March 29, 1956, petitioner was convicted of grand theft in the superior court. ii. May 3, 1956, petitioner filed a notice of appeal from the judgment of conviction, and the trial court fixed bail on appeal in the sum of $5,000. iii. January 8, 1957, the Distr...
Views: 0
This is plaintiff’s second appeal in an action based upon a policy of “comprehensive” personal liability insurance issued to plaintiff by defendant insurance company. This litigation, as well as an earlier related action in the municipal court, which included an appeal to the appellate department of the superior court, has been occasioned by defendant company’s wrongful refusal to either defend pl...
Views: 1
Page 203
48 Cal.2d 541 (1957)
THE PEOPLE, Respondent,
v.
WILLIAM GERALD MOORE, JR., Appellant.
Crim. No. 5992.
Supreme Court of California. In Bank.
May 10, 1957.
John C. McCarthy and Theo. G. Krumm, under appointment by the Supreme Court, for Appellant.
Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, Raymond M. Momboisse, Deputy Attorney General, Lowell E. Lathrop, D...
Views: 32
48 Cal.2d 551 (1957)
THE PEOPLE, Respondent,
v.
FRANK CORRIGAN, Appellant.
Crim. No. 6001.
Supreme Court of California. In Bank.
May 10, 1957.
Frank Corrigan, in pro. per., Robert W. Cole, Public Defender (Sacramento), William D. Heekin, Assistant Public Defender, and Ralph D. Drayton, under appointment by the Supreme Court, for Appellant.
Edmund G. Brown, Attorney General, and G. A. Strader...
Views: 24
Plaintiff brought this action against the estate of Eddie W. Seller's to establish a trust in certain real property standing in Sellers’ name at the time of his death. The trial court denied a motion to dismiss the action for plaintiff’s failure to bring it to trial within five years and, after trial without a jury] made findings of fact and conclusions of law favorable to plaintiff and entered j...
Views: 15
Page 206
Leanore L. Wolfe, the sister of the decedent, Merland J. Wolfe, appeals from a judgment in a proceeding to determine heirship. The court held that Troi C. Wolfe, the surviving wife, was not required to elect between the interests conferred upon her by her deceased husband’s will and her *572 rights as the surviving member of the community. The sister contends that this was error and that the su...
Views: 7
Page 207
Plaintiff was discharged from his employment as a professor at Long Beach State College as the result of charges made by defendants, and, after reinstatement to his position by the State Personnel Board, he commenced this action for damages for malicious prosecution. He named as defendants seven persons, hereafter referred to as the school defendants, who are officials of the college or of the sta...
Views: 1
This is an appeal by the plaintiffs from a judgment for the defendants in an action to recover unemployment insurance taxes paid under protest.
The plaintiff corporation, Evelyn, Incorporated, was organized in 1939 and the plaintiffs Evelyn Morris and Ernest Goveia became the sole stockholders. Thereafter, and during
*590
the years involved, 1942 through 1945, they conducted a...
Views: 9
48 Cal.2d 595 (1957)
311 P.2d 480
THE PEOPLE, Appellant,
v.
ONE 1953 FORD VICTORIA MOTOR B3PV 102617, Defendant; DEAN AND COMPANY (a Corporation), Respondent.
Docket No. S.F. 19686.
Supreme Court of California. In Bank.
May 24, 1957.
*596 Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and Raymond M. Momboisse, Deputy Attorney General, for Appellant.
Severson, Dav...
Views: 3
The defendant was charged by information with the murder of Nina Sue Dement. The jury found him guilty of murder of the first degree and expressly fixed the penalty at death. He appeals from the judgment of conviction. There was no motion for a new trial. The deceased obtained an interlocutory decree of divorce from the defendant in September, 1955. He had not become *602 reconciled with the ...
Views: 9
From a judgment denying defendant and cross-complainant attorney’s fees, defendant and cross-complainant appeals. Chronology i. On or about July 14, 1953, plaintiffs leased to defendant a restaurant known as “The Goody-Goody Drive-In.” The lease contained provisions (a) prohibiting assignment or subletting by lessee without the written consent of lessors first being obtained, and (b) that in ...
Views: 22
Respondents have moved to dismiss plaintiff’s appeal on the ground that the notice was filed more than 60 days after entry of the appealable judgment or order. (Rules on Appeal, rule 2.) The action commenced by plaintiff was a taxpayer’s suit against various defendants including members of the Board of Supervisors of Los Angeles County. The complaint sought damages, restitution of public money,...
Views: 15
Plaintiff’s husband, who was employed by the Union Sugar Company, was killed when his-automobile was struck at a railroad crossing by a train operated by San Diego and Arizona Eastern Railway Company. She sued both Union Sugar Company, hereinafter called Employer, and the railway company, hereinafter called Railway, for damages for the wrongful death of her husband.
*
Before defend...
Views: 22
Page 214
The defendant appeals from a judgment entered April 20, 1955, declaring that the plaintiffs have a private right of way and easement in, to and across the vacated portion of Bard Street adjoining their property in Hermosa Beach. The defendant also appeals from a judgment entered on June 10, 1955, pursuant to section 662 of the Code of Civil Procedure on the denial of his motion for new trial, w...
Views: 10
Page 215
Petitioner in this habeas corpus proceeding seeks a determination that he instituted an appeal by the timely constructive filing of a notice of appeal from the judgment under which he is held. This notice was not received by the clerk of the superior court which rendered the judgment. We have concluded that habeas corpus is an appropriate proceeding to enable petitioner to obtain a declaration to ...
Views: 0
Page 216
This is a motion to dismiss an appeal from an order and judgment denying a petition for a writ of mandate. *648Appellant was sentenced to death following his conviction of first degree murder, and, on August 14, 1953, this court affirmed the judgment and the order denying a new trial. (People v. Rupp, 41 Cal.2d 371 [260 P.2d 1].) On November 17, 1954, and February 1, 1955, respectively, we denied ...
Views: 0
Appellant, who is decedent’s daughter and a beneficiary under his will, appeals from an order granting a family allowance to her mother, who is decedent’s widow and also a beneficiary under his will. The daughter contends that the probate court, having entered a final decree of distribution in the estate, thereupon lost jurisdiction to enter the challenged order. However, the daughter had appealed...
Views: 0
It is my view that it was prejudicial error to bring before the jury the fact that after the accident defendant railroad company reduced its speed limitation from 90 to 50 miles an hour at the intersection in Solano Beach where the railroad tracks crossed Plaza Street and where the accident occurred. The attempt to defend such an error as being merely the presentation of impeaching evidence appear...
Views: 1
Defendants appeal from a judgment in a condemnation proceeding after a trial by jury which fixed the value of their property to be acquired by plaintiff.
Defendants are the owners of certain elongated strips of realty situated in the cities of Alhambra and San Marino. These strips are portions of an abandoned right .of way in the center of Huntington Drive that formerly provided the streetcar rout...
Views: 2
From a judgment in favor of defendant after trial before the court in an action to recover damages for the destruction of its airplane, plaintiff appeals.
Facts: Plaintiff, Martin School of Aviation, Inc., a corporation, sues as assignee of a partnership consisting of Floyd R Martin, Joseph G. Hager and J. W. Martin, Jr., which had been doing business under the firm name of Martin School of Aviati...
Views: 0
Plaintiffs, claiming that they are the assignees of part of the proceeds of a tomato crop which George Kikuchi had agreed to grow and sell to defendant canning company, seek to recover the amount of a crop order given to them by Kikuchi and accepted by defendant.
*
Defendant has appealed from an adverse judgment contending that it is not supported by the evidence.
The case was s...
Views: 1
Petitioner seeks by prohibition to restrain respondent court from proceeding with the trial of petitioner under an indictment charging him with the embezzlement of public funds. Although a stay of proceedings granted on the order to show cause issued by the District Court of Appeal, Second Appellate District, Division Two, when the petition for the writ was before that court, was automatically co...
Views: 22
These are appeals in four consolidated cases from orders denying motions to set aside and vacate judgments entered after general demurrers to the complaints were sustained without leave to amend.
Plaintiffs, appellants here, filed the original complaints for damages against defendants, respondents, for the negligent construction of the Sacramento River Flood Control Project and negligent diversion...
Views: 2
Plaintiff sued as beneficiary to recover on a policy of insurance issued by defendant on the life of her deceased husband. After a verdict in plaintiff's favor, defendant unsuccessfully moved for a judgment notwithstanding the verdict and judgment was entered on the verdict. Defendant appeals, claiming principally that its motion should have been granted because of the deceased’s misrepresentation...
Views: 0
48 Cal.2d 737 (1957)
THE PEOPLE, Respondent,
v.
THOMAS CARTER, Appellant.
Crim. No. 5910.
Supreme Court of California. In Bank.
June 21, 1957.
Robert K. Stone, under appointment by the Supreme Court, Laughlin & McKalson and Robert E. Laughlin for Appellant.
Edmund G. Brown, Attorney General, Doris H. Maier and J. M. Sanderson, Deputy Attorneys General, and C. Keith Lyde, District Attorne...
Views: 120
Defendant was indicted on two counts of murder and two of burglary. He initially entered pleas of not guilty and not guilty by reason of insanity but later pleaded guilty to all counts. A jury trial was waived by defendant, and evidence was received for the purpose of determining the issue of sanity, the degree of the offenses and the penalty to be imposed. The court found that all of the offenses...
Views: 0
48 Cal.2d 766 (1957)
THE PEOPLE, Respondent,
v.
PAUL J. DURONCELAY, Appellant.
Crim. No. 6008.
Supreme Court of California. In Bank.
June 21, 1957.
Donald R. Fretz, Public Defender (Merced), for Appellant.
Edmund G. Brown, Attorney General, Doris H. Maier and James M. Sanderson, Deputy Attorneys General, for Respondent.
GIBSON, C.J.
Defendant was convicted by a jury of violating section 50...
Views: 34
48 Cal.2d 778 (1957)
HELEN KNIGHT, Appellant,
v.
KAISER COMPANY (a Corporation), Respondent.
S. F. No. 19697.
Supreme Court of California. In Bank.
June 28, 1957.
Charles O. Morgan, Jr., for Appellant.
Frederick M. Van Sicklen and James C. Calkins for Respondent.
McCOMB, J.
From a judgment predicated upon the sustaining of defendant's demurrer to plaintiff's third amended complaint without...
Views: 12
Page 229
From a judgment for plaintiff in his action to recover on a continuing guarantee, defendant appeals, claiming that, for reasons hereinafter specified, her liability as guarantor had terminated. We have concluded that, under the provisions of the agreement and the applicable principles of the law of suretyship,
1
defendant’s contentions are not
*796
supportable, and the j...
Views: 12
These are appeals by (1) plaintiff Kyle Z. Grainger, Jr., as trustee of the estate of Marback Motor Company, a copartnership, bankrupt, and (2) plaintiffs Max H. Gewirtz et al., as executors of the estate of William Gewirtz, deceased, from judgments rendered after trial in favor of defendant. The actions involve a common defendant, common questions of law and fact, and were consolidated for trial...
Views: 13
It was charged that petitioner received a check for $71,862 from the complainant, Mrs. Jones, with instructions to purchase stock and that he delivered securities to her in the amount of $28,013.80 and paid her $10,000, but that he failed to account for the balance of $33,848.20 and appropriated it to his own use. The local administrative committee found that he had not misappropriated any money ...
Views: 7
On September 22, 1954, plaintiff and defendant entered into an agreement “to effect a final and complete settlement of their respective property rights, support, alimony and custody of their child with reference to their marital status and to each other. ’ ’ Paragraph eight of the agreement obligates defendant to pay plaintiff $200 per month “for the support, maintenance, education, care and custo...
Views: 4
Petitioner seeks a writ of mandate to compel the Board of Supervisors of Butte County to suspend and reconsider an ordinance providing for a sales and use tax and either to repeal the ordinance or submit it to the referendum vote of the electors of the county.
In 1955 the Legislature enacted a uniform local sales and use tax law, hereinafter referred to as the Bradley-Burns Act. (Rev. & Ta...
Views: 39
Defendants, a labor union and its secretary-treasurer, Earl Hyatt, appeal from a judgment which granted a writ of mandate directing that plaintiff, a member of the union in good standing, be permitted to inspect certain of its financial records.
The union is an unincorporated association affiliated with the Hotel and Restaurant Employees and Bartenders International Union, hereinafter referred to ...
Views: 0
This appeal is from a judgment for damages resulting from injuries sustained when plaintiff fell on a stairway in defendant’s department store.
1
The stairway led downward in a westerly direction from the mezzanine to the first floor, and all of the steps, except the two at the bottom, adjoined a wall on the north side. There was a drinking fountain a few inches north of the second s...
Views: 13
Page 236
48 Cal.2d 851 (1957)
313 P.2d 817
In re RAYNA TOM CARMEN, on Habeas Corpus.
Docket No. Crim. 5667.
Supreme Court of California. In Bank.
August 2, 1957.
*852 Mason A. Bailey and Leonard J. Bloom for Petitioner.
Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and Arlo E. Smith, Deputy Attorney General, for Respondent.
SPENCE, J.
Petitioner, Rayna Tom Carmen, is con...
Views: 19
Page 237
48 Cal.2d 890 (1957)
A. L. WIRIN, Appellant,
v.
WILLIAM H. PARKER, as Chief of Police, etc., Respondent.
L. A. No. 24053.
Supreme Court of California. In Bank.
Aug. 6, 1957.
A. L. Wirin, in pro. per., Fred Okrand and Nathan L. Schoichet for Appellant.
Roger Arnebergh, City Attorney (Los Angeles), Bourke Jones, Alan G. Campbell and James A. Doherty, Assistant City Attorneys, and Ralph J. Euba...
Views: 12
This is an appeal by the defendants from a judgment for the plaintiff in an action to recover taxes paid under protest and for declaratory relief. The plaintiff is a church organization owning real property within the jurisdiction of and subject to taxation by the county and city of Los Angeles. Within the time prescribed by law for the tax year 1954-1955 the plaintiff filed a property statement a...
Views: 0
48 Cal.2d 901 (1957)
311 P.2d 542
FIRST METHODIST CHURCH OF SAN LEANDRO (a Corporation), Respondent,
v.
RUSSELL C. HORSTMANN, as Assessor, etc., et al., Appellants. FIRST UNITARIAN CHURCH OF BERKELEY (a Corporation), Respondent,
v.
RUSSELL C. HORSTMANN, as Assessor, etc., et al., Appellants.
Docket No. S.F. 19507.
Supreme Court of California. In Bank.
April 24, 1957.
J.F. Coakley, District Attorn...
Views: 0
This is an appeal by the defendants from a single judgment in two consolidated cases in which the common plaintiff, Lawrence Speiser, sought declaratory relief against the assessors of the county of Contra Costa and the *904city of El Cerrito located in that county to the effect that section 19 of article XX of the Constitution and section 32 of the Revenue and Taxation Code are invalid and that h...
Views: 0
Defendant, Ida Cooper, appeals individually and as executrix of the estate of Harold E. Cooper, from a judgment in favor of Vera P. Alves, Harold E. Cooper and Carolyn Joan Cooper, the former wife and minor children of the decedent.
Vera and Harold Cooper were married in 1933. Two children, Harold, Jr. and Carolyn were born to them in 1935 and 1938, respectively. On May 21, 1948, in contem...
Views: 3
J. In this case plaintiff commenced an action which she entitled one for the partition of real property against defendants. Defendants’ demurrer was overruled and plaintiff filed an amended complaint. No demurrer was filed to the amended complaint; it was answered, defendants claiming among other things that it did not state a cause of action. When it came on for trial defendants moved for a “judg...
Views: 2
Defendant, Rodney G. Sheran, was found guilty by a jury of the second degree murder of his wife, Esme. 1 Defendant’s motion for a new trial on the ground of newly discovered evidence was denied by the trial court which, however, granted defendant’s motion to modify the verdict by reducing the crime from second degree murder to manslaughter. The People appeal from the order reducing the class of...
Views: 32
These are appeals from a decree settling the final account and distributing the property of the estate of Jane Stanford who died testate in 1905.
By her will, dated July 28, 1903, decedent bequeathed $2,000,000 in trust to the Union Trust Company (now Wells *123Fargo Bank) as trustee, as follows: (1) The net income of one-half thereof to be paid her brother Ariel Lathrop during his life. The trust...
Views: 1
49 Cal.2d 171 (1957)
CALIFORNIA PORTLAND CEMENT COMPANY (a Corporation), Petitioner,
v.
PUBLIC UTILITIES COMMISSION, Respondent; UNION PACIFIC RAILROAD COMPANY, Real Party in Interest.
S. F. No. 19495.
Supreme Court of California. In Bank.
Sept. 27, 1957.
Wallace K. Downey for Petitioner.
Everett C. McKeage and Mary Moran Pajalich for Respondent.
E. E. Bennett, Edward C. Renwick, Malcolm Da...
Views: 5
Defendant appeals from a judgment for plaintiff, pursuant to jury verdict, in an action for personal injuries sustained when plaintiff was riding in an automobile operated by defendant. One count of the complaint alleges that plaintiff was a passenger for consideration, and one count alleges that defendant was guilty of wilful misconduct. De*361fendant urges that the evidence is insufficient to pr...
Views: 0
This is an automatic appeal from a judgment pronouncing defendant guilty of murder in the first degree after trial before a jury. On October 1, 1956, defendant and Mrs. Minjarez were living as husband and wife, with her two children, Elvira (age 13) and Raul (age 14), at 316 N. Garey Street, Los Angeles. The four of them had been living as a family group approximately four or five years prior to s...
Views: 0
Emma Heard, testatrix, a widow, died on November 23, 1939, leaving a will dated September 28, 1935. At the time of her death her blood relatives were a brother and a son, John, who was 42 years old, married to a woman 36 years old, but with no children. (He had been married before and divorced.) She left a small bequest to her brother and others including John, but the major portion of her estate ...
Views: 0
Plaintiff appeals from a judgment denying and dismissing his petition for mandate to compel defendants to receive from him a sum of money sufficient to make plaintiff “fully paid up in his retirement right” in the Peace Officers Retirement System, and thereupon to retire him with a pension, and to either conduct a hearing with respect to certain charges filed with the Los Angeles County Civil Ser...
Views: 4
This appeal presents the same question as that involved in Christian Nationalist Party v. Jordan, ante, p. 448 [318 P.2d 473], decided this day, and our decision in that case is controlling here. The judgment is affirmed....
Views: 0
47 Cal.2d 597 (1957)
306 P.2d 824
THE IVANHOE IRRIGATION DISTRICT, Plaintiff and Appellant,
v.
ALL PARTIES AND PERSONS, etc., Defendants; COURTNEY McCRACKEN et al., Respondents; THE PEOPLE, Defendant and Appellant.
Docket No. L.A. 23043.
Supreme Court of California. In Bank.
January 24, 1957.
*605 E.I. Feemster, James R. McBride, Ralph M. Brody, Edmund G. Brown, Attorney General, B. Abbott Goldbe...
Views: 9
This is a companion case to Ivanhoe Irr. Dist. v. All Parties, ante, p. 597 [306 P.2d 824], and for the reasons stated in my dissenting opinion in that case, I would reverse the judgment.
Appellants’ petition for a rehearing was denied February 19, 1957. Gibson, C. J., Carter, J., and Traynor, J., were of the opinion that the petition should be granted....
Views: 0
This is an appeal from a judgment for the petitioners Phillip and Jane E. Albonico, husband and wife, in a proceeding for the writ of mandate to compel the respondent Madera Irrigation District to vacate its resolution denying the exclusion from the district of the petitioners’ lands in excess of 320 acres. Exclusion is sought on the ground that such excess lands would not be benefited by the oper...
Views: 0
This is an appeal from a judgment for the plaintiff Santa Barbara County Water Agency confirming the validity of a so-called “Master Contract” between the agency and the United States, acting by and through the Bureau of Reclamation of the Department of the Interior, and five so-called “Member Unit Contracts” between the plaintiff and each of five public bodies, namely, the city of Santa Barbara, ...
Views: 0
I dissent.
The majority opinion concludes that there can be no liability imposed upon the sheriff and his deputy because there was no breach of official duty by the deputy by reason of his unauthorized order releasing the garnisheed account. It is submitted that this conclusion is erroneous and without support in the authorities cited in the majority opinion.
First, the cases which are cited for t...
Views: 0
Plaintiffs appeal from an order granting defendants’ motion for a new trial in an action for alleged wrongful death. The order specifies that the new trial was granted “solely” because the court felt that “the jury was not properly instructed.” The propriety of the order therefore depends upon a determination of whether the trial court had correctly instructed the jury. The challenged instructions...
Views: 1
Defendant appeals (by virtue of paragraph (b) of section 1239 of the Penal Code) from a judgment which imposes the death penalty after a jury verdict which found defendant guilty of murder of the first degree and was silent as to penalty, and from an order denying defendant’s motion for new trial. We have concluded that the issue of guilt was fairly tried and that the judgment and order denying a ...
Views: 0
Page 300
Defendant has been found guilty of the first degree murders of his estranged wife and his stepson. The jury had been instructed that “if you should fix the penalty as death, you will not specify the death penalty in the verdict, and you will say nothing about punishment in the verdict”; so instructed, they returned verdicts silent as to penalty. Defendant was also convicted of assault upon his st...
Views: 38
I dissent. As I read the majority opinion, it holds that the corporate entity may be disregarded where the corporation has not issued any stock and is undercapitalized. As to the first point, it is difficult to see how there can be a liability imposed upon the stockholders for an obligation of the corporation when there are no stockholders to hold liable. The theory of piercing the corporate veil ...
Views: 1
This is the second appeal in this case. By a representative suit on behalf of San Diego Lodge Number 1, American Section of The Theosophical Society, a California corporation, plaintiff seeks to set aside a deed of the lodge property and to enjoin the attempted dissolution of the lodge. The action was tried and judgment was entered for defendants. Plaintiff moved for a new trial, and it was grant...
Views: 3
By this proceeding in mandamus the petitioner, city of Walnut Creek, seeks to compel the city treasurer to issue certain bonds. The bonds were authorized to be issued pursuant to the Limited Obligation Bond Law of 1955 (Stats. 1955, ch. 1847; Gov. Code, §§ 43648-43702). Mandamus is an appropriate remedy to compel respondent treasurer to sign the bonds if the proposed issue meets the requiremen...
Views: 18
Page 304
This is a proceeding in habeas corpus to determine whether the court exceeded its jurisdiction in modifying the terms of petitioner’s probation. Petitioner and four codefendants, Jarosh, Chapman, Sergent and Thrift, were charged with conspiracy to defraud certain insurance companies. Each pleaded guilty and requested probation. Probation reports were prepared in the probation department from in...
Views: 12
Defendant was charged with assault by means of force likely to produce great bodily injury, a felony, committed on the person of Raymond James on or about November 11, 1955. (Pen. Code, § 245.) After a plea of not guilty, defendant waived a jury trial, and it was stipulated that the cause be submitted on the testimony taken at the preliminary hearing, with each side reserving the right to submit ...
Views: 19
Page 306
47 Cal.2d 823 (1957)
FRANCIS W. HUDSON et al., Appellants,
v.
THOMAS WEST et al., Respondents.
Sac. No. 6438.
Supreme Court of California. In Bank.
Feb. 7, 1957.
Bradford, Cross, Dahl & Hefner and Loren S. Dahl for Appellants.
Henry Holsinger, Gavin M. Craig and Hugh W. Ferrier as Amici Curiae on behalf of Appellants.
Hughes, Maul & Fogerty and Geoffrey A Hughes for Respondents.
TR...
Views: 8
Plaintiff appeals from a judgment declaring that he is the owner of a certain parcel of land subject to the defendant city’s easement for street purposes. He brought the action to quiet title to the land and for ejectment. He claims title by virtue of a city treasurer’s deed issued to his predecessor in interest pursuant to a foreclosure sale following the default in payment of a street improvemen...
Views: 1
This is a proceeding to review a recommendation of the Board of Governors of The State Bar 1 that petitioner, James Charles Webb, be suspended from the practice of law for a period of six months. We have concluded that the evidence against petitioner is of such unsatisfactory char *868 acter that we cannot accept it as supporting the charges against him, and that the proceeding should be dism...
Views: 11
Plaintiffs appeal from a judgment of dismissal entered after defendants’ demurrer to the second amended complaint was sustained without leave to amend. Plaintiffs, licensed real estate brokers, seek to recover a brokers’ commission from defendant corporation and damages from the individual defendants for asserted wrongful interference with the contractual relations between plaintiffs and defend...
Views: 12
Plaintiff brought this action to recover disability benefits alleged to be due from defendant under the terms of an insurance policy. The court, sitting without a jury, gave judgment for plaintiff, and defendant appeals. We have concluded that plaintiff is entitled to recover under the terms of the policy, and that the judgment should therefore be affirmed.
*886The facts, as disclosed by the recor...
Views: 0
47 Cal.2d 893 (1957)
306 P.2d 797
VIRGINIA BELL TAYLOR, Appellant,
v.
A.J. HAWKINSON, Respondent.
Docket No. L.A. 24279.
Supreme Court of California. In Bank.
February 8, 1957.
*894 N.E. Youngblood and William R. Grant for Appellant.
Wyman & Finell and Saul Grayson for Respondent.
TRAYNOR, J.
Virginia Taylor, hereinafter referred to as plaintiff, was injured when the car in which she was ridi...
Views: 14
This is a petition to review an award of compensation made by respondent commission in favor of respondent MacDowell (hereinafter referred to as the “employee”) against petitioner Industrial Indemnity Company as the insurance carrier of petitioner Douglas Aircraft Company, Inc. Facts: The employee was working for Douglas Aircraft Company, Inc. as a tool control dispatcher. He was employed on ...
Views: 20
The plaintiff appeals from a summary judgment entered on a cross-complaint which determined in the defendant’s favor its title to motion picture and other rights in the novel “Prelude to Night,” subject to certain existing rights reserved to the plaintiff by a written agreement.
In 1944, all rights to the novel “Prelude to Night” were conveyed to the defendant by its author, Dayton Stoddar...
Views: 6
Plaintiff in this action seeks a declaratory judgment that it is entitled to manufacture and sell irrigation equipment under a patent license agreement and a declaration of its duties under the royalty provisions of the license agreement.
Darrell C. Mansur invented certain improvements in agricultural sprinkling apparatus. He applied for a patent on his invention, and in the autumn of 1949...
Views: 25
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