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All Reporters → cal-lexis → Volume 1968
Opinions in cal-lexis Volume 1968
Subsequent to Dr. Yakov’s conviction on nine counts of violation of section 4227 of the Business and Professions Code (furnishing dangerous drugs without a prescription), the Board of Medical Examiners filed a statement of charges, alleging inter alia that the doctor was guilty of conduct involving moral turpitude. After a hearing in which the doctor represented himself, the board adopted the hear...
Views: 44
George Skaff filed an action in the small claims court, a division of the Municipal Court of the City of Los Angeles, against the Holiday Car Leasing Corporation, seeking recovery of $2501 which he allegedly extended to Holiday as a deposit for the delivery of a 1965 Chevrolet Impala Coupe automobile. Holiday counterclaimed against Skaff for $175, the amount allegedly due for rental and insurance ...
Views: 19
This case presents the question whether a creditor suing on a written agreement guaranteeing payment of indebtedness at maturity and permitting the creditor to receive either cash or securities in settlement may exercise such choice for the first time on appeal from a judgment for defendant guarantor, after the creditor tried and lost its case in the trial court on the theory that the stock it had...
Views: 9
Page 147
Plaintiffs appeal from a judgment of dismissal entered after a general demurrer was sustained to their amended complaint seeking damages for unjust enrichment in a transaction involving the sale of residential property to them by defendants, the latter having reacquired the property in foreclosure proceedings.
Facts: On August 15, 1963, plaintiffs and defendants executed an instrument labeled “Rea...
Views: 13
This cause was transferred to this court after decision by the Court of Appeal, Second Appellate District, Division Three. After a thorough examination of the issue presented in the light of our holdings in analogous decisions and the declared intent of the California Law Revision Commission in proposing the governing statutory language, we have concluded that the opinion of the Court of Appeal...
Views: 16
Page 149
This is a personal injury action arising out of a collision between plaintiffs’ and defendants’ automobiles. The complaint charged negligence, and the answer was a general denial. After four days of trial the jury returned a verdict
*108
for defendants, and judgment was entered accordingly. Plaintiffs moved for a judgment notwithstanding the verdict and, in the alternative, for a n...
Views: 17
This is a proceeding for writ of mandate to compel respondent court to set aside and vacate its order granting a new trial. The ease is a companion to
Mercer
v.
Perez,
ante, p. 104 [65 Cal.Rptr. 315, 436 P.2d 315], also filed this day. As will appear, we have concluded that petitioner is not entitled to relief by way of extraordinary writ.
Petitioner is the plaintiff ...
Views: 26
Page 151
Petitioners are charged with criminal contempt, a misdemeanor, for willful disobedience of an order of the superior court. (Pen. Code, § 166, subd. 4.) Prior to the entry by them of a responsive pleading to the complaint (see Pen. Code, §§ 949, 1002, 1003, 1004, 1016) but subsequent to their release upon posting bail, they applied for a writ of habeas corpus in the superior court, alleging that th...
Views: 38
Page 152
Mrs. Lillian A. Schick, while performing duties for her employer, was shot and killed by her former husband, Carl Schick. The Workmen’s Compensation Appeals Board (hereinafter board) found that Mrs. Schick’s fatal injuries were sustained in the course of and arose out of her employ *159 ment, and awarded compensation to her dependent daughter. The insurance carrier for the employer (petitioner)...
Views: 10
68 Cal.2d 162 (1968)
436 P.2d 297
65 Cal. Rptr. 297
BERNARD J. ENDLER, Plaintiff and Appellant,
v.
JERALD S. SCHUTZBANK, as Commissioner of Corporations, etc., Defendant and Respondent.
Docket No. L.A. 29458.
Supreme Court of California. In Bank.
January 26, 1968.
*165 Ellis J. Horvitz for Plaintiff and Appellant.
Thomas C. Lynch, Attorney General, and H. Warren Siegel, Deputy Attorney General, f...
Views: 24
68 Cal.2d 183 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
EDWARD JOHN CARUSO, Defendant and Appellant.
Crim. No. 11709.
Supreme Court of California. In Bank.
Jan. 26, 1968.
Russell E. Parsons for Defendant and Appellant.
Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Bradley A. Stoutt, Deputy Attorney General, for Plaintiff and Respondent.
MOSK, J.
...
Views: 34
Graneo Steel, Inc. (Graneo), a California Corporation, brought this proceeding before the Workmen’s Compensation Appeals Board (Board) in order to determine whether it was covered by workmen’s compensation insurance on the date of an industrial injury to one of its employees. The referee determined that Graneo was not so covered and dismissed from the proceeding the alleged insurer, the Hartford A...
Views: 15
The Department of Public Works seeks to compel the trial court to proceed with the condemnation of three instead of two parcels of real property owned by the real parties in interest, Roy and Thelma Rodoni. The department built a freeway across a farm owned by the Rodonis. The farm consists of a southern rectangular parcel and a northern triangular parcel. The northeast corner of the former touche...
Views: 0
Dallas Masterson and his wife Rebecca owned a ranch as tenants in common. On February 25, 1958, they conveyed it to Medora and Lu Sine by a grant deed ‘ ‘ Reserving unto the Grantors herein an option to purchase the above described property on or before February 25, 1968 ’ ’ for the “same consideration as being paid heretofore plus their depreciation value of any improvements Grantees may add to t...
Views: 1
Petitioner Southern Pacific Company seeks annulment of an order of respondent Public Utilities Commission requiring the installation of protective flashing light signals at a railroad and highway grade level crossing in
*244
Tehama County, but not automatic crossing gates as recommended by respondent’s staff and supported by petitioner.
1
Although a basis for the commi...
Views: 3
In this action to recover for personal injuries, plaintiff appeals from a judgment in favor of defendants Hollinger and the City of Los Angeles.
Plaintiff’s employer, Savala Paving Company, entered into a contract with the City of Los Angeles relating to improvements on Century Boulevard, which has three eastbound lanes. On the morning of the accident, barricades were placed across the two outer l...
Views: 0
Page 160
68 Cal. 2d 258 (1968)
437 P.2d 289
65 Cal. Rptr. 897
In re JAMES MITCHELL on Habeas Corpus.
Docket No. Crim. 10931.
Supreme Court of California. In Bank.
February 23, 1968.
*259 James Mitchell, in pro. per., and Frank C. Wood, Jr., under appointment by the Supreme Court, for Petitioner.
Thomas C. Lynch, Attorney General, Edsel W. Haws, Roger E. Venturi and Daniel J. Kremer, Deputy Attorneys Gener...
Views: 24
Appellant Frank L. Bambridge appeals from a judgment (Prob. Code, § 1240)
1
entered in proceedings for the determination of heirship (§§ 1080-1082) decreeing that appellant is entitled to no part of the estate of William Harry Westerman, Sr., deceased, under his claim thereto based on section 229 as the son of decedent’s previously deceased spouse.
The facts are not in dispute. ...
Views: 21
Defendant appeals from a judgment convicting him of violating section 270 of the Penal Code (willful failure to provide for his minor child), a misdemeanor.
*282
The settled statement of facts recites that seven years after defendant’s marriage it was medically determined that he was sterile. His wife desired a child, either by artificial insemination or by adoption, and at first ...
Views: 35
Page 163
The issue here presented is this: After the remarriage to each other of divorced parents may either enforce against the other child support orders made in the prior divorce proceeding ? We conclude that the trial court correctly ruled that the remarriage terminated the support provisions with respect to payments thereafter accruing, and that its order should be affirmed. In 1958 plaintiff mother s...
Views: 9
68 Cal.2d 299 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
GENOVEVO ROSALES, Defendant and Appellant.
Crim. No. 11533.
Supreme Court of California. In Bank.
Feb. 28, 1968.
Genovevo Rosales, in pro. per., and Joseph C. Battaglia, under appointment by the Supreme Court, for Defendant and Appellant.
Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Brian Am...
Views: 67
This is an original petition for writ of mandate filed by the State Board of Equalization (hereinafter called the board) to compel respondent assessor to comply with his statutory duty of making available for the board’s inspection certain records in his custody pertaining to the assessment of three airlines operating in Los Angelss County. (Gov. Code, §15612.) We have concluded that respondent’s ...
Views: 14
Page 166
Petitioner was convicted in a municipal court of driving an automobile with knowledge that his driver’s license had been suspended. (Veh. Code, § 14601.)1 The appellate department of the superior court affirmed the conviction without opinion and refused to certify the ease to the Court of Appeal. Petitioner then sought a writ of habeas corpus in the Court of Appeal, and after that court denied his...
Views: 1
68 Cal.2d 319 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
MALCOLM RICARDO COLLINS, Defendant and Appellant.
Crim. No. 11176.
Supreme Court of California. In Bank.
Mar. 11, 1968.
Rex K. DeGeorge, under appointment by the Supreme Court, for Defendant and Appellant.
Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Nicholas C. Yost, Deputy Attorney General...
Views: 62
Although it discusses other matters, this opinion sets forth three principal rulings: first, that the statute of frauds does not apply to an oral employment contract, even though it provides in part for the measurement of the employee’s compensation by annual receipts of the employer, unless its terms foreclose the employee’s completion of the performance of the contract within one year; second, t...
Views: 3
On December 21, 1966, petitioner Roger Whittaker was convicted by a jury in the Justice Court of the Redding Judicial District (Shasta County) of violating section 2141 of the Business and Professions Code, which provides in general that the practice of medicine without a valid, unrevoked physician’s certificate constitutes a misdemeanor. (See also Bus. & Prof. Code, §§ 2135, 2137. 2426.) On th...
Views: 41
Petitioners, Leonard E. Maine and Thomas E. Braun, seek writs of mandate directed to the Superior Court of the County of Mendocino. By grand jury indictment they are each accused of murder (Pen. Code, § 187), two counts of kidnaping (Pen. Code, §207), forcible rape (Pen. Code, §261, subd. 4) and assault with intent to commit murder (Pen. Code, §217). Petitioners each filed a timely motion under s...
Views: 35
Page 171
In 1946 a jury found petitioner guilty of first degree robbery. The information alleged and petitioner admitted prior convictions of burglary in the State of Washington in 1932 and first degree robbery in California in 1938, with service of a term of imprisonment for each. The Los Angeles County Superior Court adjudged petitioner an habit*390ual criminal and sentenced Mm to life imprisonment. (Pen...
Views: 0
Page 172
I concur with the majority’s conclusion that the superior court had jurisdiction to entertain Ketchel's petition. However, in my opinion the showing made by Ketchel in the superior court did not warrant the issuance of the order directing in part that the warden allow a psychiatric examination of Ketchel and the superior court therefore abused its discretion in issuing that order. I cannot agree w...
Views: 1
Petitioner Greyhound Lines, Inc. seeks review of Decision No. 72297 of the Public Utilities Commission which compels extension of commuter bus service over routes in the San Francisco Bay Area.
1
Greyhound is a pas
*410
senger stage corporation, as defined in Public Utilities Code section 226,
2
operating buses transporting passengers, baggage, and express pur...
Views: 6
An information charged defendant and Frank Harper with seven counts of forgery and two counts of grand theft. Defendant and Harper waived trial by jury and stipulated that the trial judge decide the ease on the transcript of the preliminary hearing. The trial court found defendant guilty of one count of forgery and dismissed the other eight counts against defendant. Defendant appeals. We hold that...
Views: 30
68 Cal.2d 436 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
TED STEVEN CHIMEL, Defendant and Appellant.
Crim. No. 11607.
Supreme Court of California. In Bank.
Apr. 10, 1968.
Keith C. Monroe for Defendant and Appellant.
Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Ronald M. George, Deputy Attorney General, for Plaintiff and Respondent.
TOBRINER, J.
...
Views: 52
Page 177
Plaintiff appeals from an order denying her application for child support filed under the Uniform Reciprocal Enforcement of Support Act (hereafter URESA; Code Civ. Proc., § 1670 etseq.). Plaintiff and defendant were married in New York on May 4, 1956, and divorced in Georgia on July 31, 1957. Their daughter, Kim Ivy, was born on April 19, 1957. “In lieu of permanent alimony,” the judgment of di...
Views: 9
This is a proceeding to review a recommendation of Disciplinary Board II of the State Bar of California that petitioner be suspended from the practice of law for a period of three years. Questions: First. Does the evidence sustain the finding of culpability on the part of petitioner ? Yes. The burden is upon one seeking a review of a recommendation of a disciplinary board to show that its finding...
Views: 9
An information was filed charging Alfred Gonzales with selling heroin (Health & Saf. Code, § 11501) and a prior conviction of possession of narcotics (Health & Saf. Code, § 11500). He admitted the prior conviction. A mistrial was declared when the jury became deadlocked, but at the second trial the jury found defendant guilty of the offense charged. Thereafter, on June 15, 1965, a motion for a new...
Views: 28
We granted petitioner Leander Leroy Jones’ application for a writ of review to consider his contention that, in overturning the referee’s award in his favor, the Workmen’s Compensation Appeals Board (hereinafter called W.C.A.B.) acted without substantial evidence in the record to support its determination. We hold that no probative evidence supports the W.C.A.B.’s decision, and it must therefore b...
Views: 15
Page 181
Defendant, who was convicted of violation of section 404.6 of the Penal Code, enacted in 1966, challenges the constitutionality of the section. 1 As hereinafter appears, we have concluded that the various attacks on the statute lack merit, and that the judgment should be affirmed. Defendant has chosen to appeal on a settled statement, which discloses only that he was convicted in the trial co...
Views: 28
This is an action by plaintiffs Richard and Barbara Menchaca for damages resulting from the wrongful death of their 22-month-old son, Richard Menchaca, Jr., who was killed when run over by a bakery truck operated *539by an employee of defendant Helms Bakeries. Helms denied its negligence and asserted the contributory negligence of the child’s mother, Barbara Menchaca. The trial resulted in a jury ...
Views: 32
Defendant Jimmy Lee Smith petitions for a writ of mandate to compel the Los Angeles Superior Court to vacate its order removing I. A. Kanarek as his attorney of record in a pending murder trial.
We adjudicate here the unprecedented issue of whether a trial judge has or should have the power to remove a court-appointed defense attorney, over the objections of both the attorney and the defen...
Views: 36
An information charged Fernando Flores and Anita Falcon with violation of Health and Safety Code section 11500.5 (possession of narcotics (heroin) for sale). Defendants waived a jury trial; the court found both guilty. The court further found that defendant Flores had suffered two prior narcotics convictions as charged. Pursuant to Penal Code section 1181, subdivision 6, the court reduced the offe...
Views: 22
Petitioners, Fruehauf Corporation and its insurance carrier, seek review of a decision of the Workmen’s Compensation Appeals Board (hereinafter board) awarding compensation to Thomas C. Stansbury, an employee who suffered an industrial injury arising out of and in the course of his employment by Fruehauf. Section 5405 of the Labor Code 1 provides, with exceptions not relevant here, that proce...
Views: 19
68 Cal.2d 579 (1968)
REBECCA H. WILLIAMS, Plaintiff and Appellant,
v.
LEO FRANCIS CARR, Defendant and Respondent.
Supreme Court of California.
May 16, 1968.
Heily & Blase, DeWitt F. Blase and Edward L. Lascher for Plaintiff and Appellant.
Edward I. Pollock, Robert E. Cartwright, Theodore A. Horn, Robert G. Beloud and Leonard Sacks as Amici Curiae on behalf of Plaintiff and Appellant.
Park...
Views: 19
Page 188
68 Cal. 2d 590 (1968)
ADOLPH R. FAZZI et al., Plaintiffs and Respondents,
v.
ROBERT E. PETERS, Defendant and Appellant.
S. F. No. 22585.
Supreme Court of California. In Bank.
May 16, 1968.
Philip N. Schmidt for Defendant and Appellant.
Nagle, Vale & McDowall and Vernon V. Vale for Plaintiffs and Respondents.
SULLIVAN, J.
In this case we simply reaffirm the seemingly self-evident propos...
Views: 2
Plaintiff, through his guardian ad litem, brought this action against defendant Los Angeles Metropolitan Transit Authority for injuries caused by defendant’s agents’ negligent operation of a motor vehicle. (Yeh. Code, § 17001.) Defendant demurred to the complaint on the ground that section 945.6 of the Government Code barred plaintiff’s action; the trial court sustained the demurrer with leave to ...
Views: 20
68 Cal.2d 611 (1968)
AMERICAN SAVINGS AND LOAN ASSOCIATION, Plaintiff and Appellant,
v.
MARTIN N. LEEDS, Defendant and Respondent.
L.A. No. 29434.
Supreme Court of California. In Bank.
May 27, 1968.
A. Joseph Sherwood and Richard D. Dreyfus for Plaintiff and Appellant.
Bolton, Groff & Dunne and Gene E. Groff for Defendant and Respondent.
TRAYNOR, C. J.
Plaintiff appeals from a judgment...
Views: 15
68 Cal.2d 619 (1968)
DEWEY MERRITT, Plaintiff and Appellant,
v.
J. A. STAFFORD COMPANY et al., Defendants and Respondents; STUYVESANT INSURANCE COMPANY, Surety and Respondent.
L. A. No. 29545.
Supreme Court of California. In Bank.
May 27, 1968.
Wild, Christensen, Barnard & Wild, Magana, Olney, Levy, Cathcart & Gelfand, Magana, Olney, Levy & Cathcart and Ellis J. Horvitz for Plaint...
Views: 7
68 Cal.2d 629 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
LEE Z. JOHNSON, Defendant and Appellant.
Crim. No. 11360.
Supreme Court of California. In Bank.
May 27, 1968.
Morton Herbert, under appointment by the Supreme Court, for Defendant and Appellant.
Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Lawrence Mindell and Marvin A. Bauer, Deputy Attorneys G...
Views: 41
On April 15, 1966, after a trial without a jury, defendant was convicted of violating Health and Safety Code section 11500, possession of heroin. He has appealed from the resulting judgment. Defendant filed notice of appeal on April 15, 1966. It subsequently appeared that the court reporter’s notes were unavailable and a transcript of the proceedings could not be *641 prepared. A hearing was ...
Views: 21
This appeal from a judgment of conviction of incest (Pen. Code. § 285) presents the important question whether section 1235 of the new Evidence Code, making prior inconsistent statements of a witness admissible
for the truth
*648
of the matters therein asserted,
violates the Sixth Amendment’s guarantee of the right of confrontation when introduced against a defendant ...
Views: 35
In this action brought by an executrix against a real estate broker and others to recover the amount of a commission paid the broker in connection with the sale of property belonging to plaintiff’s decedent, defendant broker Robert R. Strehlow appeals from a judgment entered after a nonjury trial in favor of plaintiff and against him in the sum of $7,687.50, together with $1,165.70 interest, and ...
Views: 13
The Insurance Commissioner initiated this action to restrain the individual defendants (organized under the name of California Mutual Association) from carrying on business as an insurer without first securing a certificate of authority pursuant to Insurance Code section 700. The Insurance Commissioner has appealed from a judgment denying the injunction and declaring that respondent was not eng...
Views: 17
Stewart Burton, manager of the Vista Theater in Los Angeles, and Gregory Giglioli, assistant manager *687(hereinafter petitioners), are charged with violating section 103.109 of the Los Angeles Municipal Code, a misdemeanor.1 The ordinance provides that no person shall engage in the business of exhibiting motion picture films to the public in any theater for compensation without a written permit f...
Views: 29
This controversy presents questions of the proper construction and application of certain provisions of the Municipal Code of defendant City of Los Angeles as the;' relate to the minimum required setback and front yard requirements for a vacant lot which plaintiffs seek to develop for residential purposes. As hereinafter appears, we have concluded that the trial court erred in its conclusion th...
Views: 5
This is a proceeding to review a recommendation of Disciplinary Board I of the State Bar of California that petitioner be suspended from the practice of law for one year and that such suspension be stayed on conditions of probation, with actual suspension during only the first 60 days. The recommended discipline is based upon petitioner’s alleged misappropriation of at least $242.40 belonging to a...
Views: 2
Defendant Peter Paul Fioritto appeals from a judgment convicting him of burglary in the second degree. (Pen. Code, §459.) At trial the People introduced into evidence a confession signed by defendant, and defendant contends that this confession was elicited under circumstances that were violative of the standards enunciated by the United States Supreme Court in Miranda v. Arizona (1966) 384 U.S. 4...
Views: 0
Page 201
I dissent for the reasons set forth in Amaya v. Some Ice, Fuel & Supply Co. (1963) 59 Cal.2d 295, 297-315 [29 Cal.Rptr. 33, 379 P.2d 513], In my opinion that case was correctly decided and should not be overruled.
BURKE, J.
As recently as 1963 this court, in Amaya v. Home Ice, Fuel & Supply Co., 59 Cal.2d 295 [29 Cal.Rptr. 33, 379 P.2d 513], thoroughly studied and expressly rejected the propositio...
Views: 1
Petitioner seeks annulment of a decision of the Workmen’s Compensation Appeals Board after reconsideration which denied his petition to reopen on the ground of new and further disability. As hereinafter appears we have concluded that the decision should be annulled for failure of the appeals board to state the evidence relied upon and to detail the reasons for its action, as required by section 5...
Views: 18
Page 203
On June 16, 1967, the Los Angeles Municipal Court entered judgment on a jury verdict finding petitioner guilty of misdemeanor drunk driving (Veh. Code, §23102), and on June 21, sentenced him to 20 days in jail and imposed a $300 fine or another 30 days. His counsel filed a timely notice of appeal (Cal. Rules of Court, rule 182 (a)), but filed his proposed statement on appeal four days late. (Cal....
Views: 18
Page 204
Petitioner is confined in the California Men’s Colony at Los Padres under a judgment of conviction of violating Health and Safety Code section 11500 (possession of heroin) entered upon his plea of guilty in the San Francisco Superior Court on February 18, 1959. He admitted two prior federal narcotics convictions, and the court sentenced him to imprisonment for not less than two nor more than tw...
Views: 24
Page 205
68 Cal.2d 774 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
JOHNNY BOCKTUNE LEW, Defendant and Appellant.
Crim. No. 11877.
Supreme Court of California. In Bank.
June 25, 1968.
Cooper & Nelsen, Ned R. Nelsen and Richard M. Moore for Defendant and Appellant.
Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Thomas Kerrigan, Deputy Attorney General, for ...
Views: 48
We are called upon to decide whether there is substantial evidence in the record to support a finding of the Workmen’s Compensation Appeals Board (hereinafter board) that half of petitioner William Berry’s disability is due to a preexisting physical impairment and half to an industrial injury. The evidence compels our conclusion that his entire disability is the result of an industrial injury.
...
Views: 17
Petitioner seeks review of the appeals board’s opinion and order denying reconsideration of its prior decision after reconsideration in which the appeals board found that 50 percent of petitioner’s permanent disability was attributable to his preexisting asymptomatic arthritic condition. Since the apportionment is not supported by
*796
substantial evidence and is based on an error ...
Views: 19
Plaintiff Clarice P. Weeks appeals from a judgment of dismissal entered pursuant to section 583 of the Code of Civil Procedure for failure to bring an action to trial within five years from the date of filing.
Plaintiff brought this action, as assignee for collection, to recover for legal services rendered to defendant Norman C. Roberts in the amount of $35,000. The complaint was filed and summons...
Views: 16
68 Cal.2d 810 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
GERALD ALLEN CARTER, Defendant and Appellant.
Crim. No. 12010.
Supreme Court of California. In Bank.
July 2, 1968.
Matthew M. Kearney, under appointment by the Court of Appeal, for Defendant and Appellant.
Thomas C. Lynch, Attorney General, Elizabeth Miller and Barry H. Lawrence, Deputy Attorneys General, for Plaintiff and Respond...
Views: 20
68 Cal.2d 822 (1968)
442 P.2d 377
69 Cal. Rptr. 321
RONALD O. REICHERT, Plaintiff and Appellant,
v.
GENERAL INSURANCE COMPANY OF AMERICA et al., Defendants and Respondents.
Docket No. L.A. 28767.
Supreme Court of California. In Bank.
July 3, 1968.
*825 Louis Most for Plaintiff and Appellant.
Thelen, Marrin, Johnson & Bridges, King, Eyherabide, Cooney & Owen, Bolton, Groff & Dunne, Tho...
Views: 28
Page 211
Petitioner Guy Earl Bevill, confined in the California State Prison at San Quentin for an indeterminate period as a mentally disordered sex offender, filed in propria persona a petition for habeas corpus attacking the validity of his imprisonment on the ground that he was convicted under an unconstitutional statute. We issued an order to show cause and appointed counsel. We have concluded that the...
Views: 33
Plaintiffs brought these four actions to quiet title to undivided mineral interests underlying section 31, township 16 south, range 11 east, Mt. Diablo base and meridian, in San Benito County (section 31). They claimed these interests as successors of stockholders in two now-defunct corporations, Ashurst Oil, Land and Development Company (Ashurst) and California Oil Products Company (COP), whic...
Views: 34
In February 1965 plaintiff Rosalind Hubbard, a minor, through her guardian ad litem, filed an action against defendant Southern California Rapid Transit District ; she alleged that on March 30, 1962, she was injured by a streetcar negligently operated by defendant’s agents. She further alleged that she had timely filed a claim with defendant, but that defendant had rejected the claim on an unspeci...
Views: 13
Page 214
By information defendant was charged with burglary, in violation of section 459 of the Penal Code, in that he entered a residence in the City of Downey with the intent to commit rape. After a trial before the court, he was found guilty and the degree of the burglary was found to be the first. Probation was granted, and defendant appeals from the judgment (order granting probation). Facts: At ap...
Views: 41
Page 215
Gene Allen McKinney petitions for a writ of habeas corpus. The Superior Court of Alameda County found that by refusing to answer questions as a witness at a trial, McKinney was guilty of criminal contempt of court in violation of subdivision 6 of section 166 of the Penal Code which defines the crime as a misdemeanor. Petitioner was sentenced to imprisonment in the county jail for six months les...
Views: 29
70 Cal.2d 15 (1968)
447 P.2d 942
73 Cal. Rptr. 550
THE PEOPLE, Plaintiff and Respondent,
v.
ROBERT ARTHUR ANDERSON, Defendant and Appellant.
Docket No. Crim. 10603.
Supreme Court of California. In Bank.
December 23, 1968.
*18 Paul A. Mansfield, under appointment by the Supreme Court, Eugene M. Premo and Marcel B. Poche for Defendant and Appellant.
Thomas C. Lynch, Attorney General, Albert W. Harr...
Views: 55
I agree that the judgment of guilt must be affirmed, and that the judgment of death must be reversed. I concur, however, in the following language of the concur*60ring opinion of Peters, J.: “Inevitably involved in this and all other death penalty eases, is the constitutionality of the procedures adopted in California for the imposition of the death penalty. This issue was argued at length in In r...
Views: 1
A jury found defendant guilty of first degree robbery, first degree burglary, and first degree murder of Sylvera Marie MeGraw. It fixed the penalty for murder at death. Sentences on the robbery and burglary counts were stayed pending final determination of this automatic appeal (Pen. Code, § 1239, subd. (b)). Facts-. The victim and her husband owned and operated a liquor store known as the Bank Bo...
Views: 31
Plaintiff brought this action on a “Continuing Guaranty” agreement which provided that defendant guaranteed all present and future indebtedness of Mikio *84and Yo Nagayama to the extent of $5,000 principal plus interest. Plaintiff sought recovery of the amounts owed by the Nagayamas on three loans, one of which plaintiff made several months after defendant executed the continuing guaranty. The tri...
Views: 9
Petitioner seeks a writ of prohibition to compel the Superior Court of Los Angeles County to grant his motion pursuant to section 1538.5 of the Penal Code to suppress certain evidence seized from his automobile. The People contend that a private citizen conducted the search and the search therefore does not fall within the purview of the Fourth Amendment. Because of police involvement in the sear...
Views: 1
Page 221
Petitioner Larry D. Panchot seeks a writ of habeas corpus against his unlawful detention and restraint of his liberty by the Municipal Court of the City and County of San Francisco, and by the Sheriff of the City and County of San Francisco.1 The municipal court, after a trial by jury, *107convicted petitioner of a violation of Penal Code section 311.2 (distributing and/or possessing with intent t...
Views: 29
Page 222
This is an appeal by the plaintiff, Suzanne G. Ogle, from a judgment of the Superior Court of Orange County denying a writ of mandate to compel the Auditor-Controller of Orange Comity to honor the execution of a judgment for child support from retirement benefits of the judgment debtor. We have concluded that the judgment must be affirmed.
Suzanne Ogle divorced Joel E. Ogle in July 1963 an...
Views: 25
William L. Miller petitions for a writ of mandate to compel the Superior Court of Los Angeles County to vacate its order for the payment of alimony and child support from his pension.
Virginia Ann Miller filed an action for divorce against William in 1961. Virginia was awarded custody of their minor child and William was ordered to pay $300 per month as alimony and $150 per month as child support....
Views: 24
Plaintiff George E. Trafton retained defendant N. E. Youngblood, an attorney at law, to represent him in settling some disputes arising out of the payment of a fire loss to a building. The insurance company had settled the loss but had made its check therefor payable jointly to Trafton, a Miss Gerry, beneficiary of a first deed of trust on the property, and the contractor hired by Trafton to re...
Views: 25
Defendant appeals from a judgment for plaintiff in an action for damages for injury to property under an indemnity clause of a contract.
*36
In 1960 defendant entered into a contract with plaintiff to furnish the labor and equipment necessary to remove and replace the upper metal cover of plaintiff’s steam turbine. Defendant agreed to perform the work “at [its] own risk and expens...
Views: 41
Page 226
I dissent. I would affirm the judgment for the reasons expressed by Mr. Justice Stephens in the opinion prepared by him for the Court of Appeal in People v. Baker, (Cal.App.) 65 Cal.Rptr. 150....
Views: 1
69 Cal.2d 51 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
GARY LYNN MARSHALL, Defendant and Appellant.
Crim. No. 11947.
Supreme Court of California. In Bank.
July 16, 1968.
Daniel L. Schlegel, under appointment by the Supreme Court, for Defendant and Appellant.
Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Rose-Marie Gruenwald, Deputy Attorney Genera...
Views: 67
Petitioners, American Civil Liberties Union of Northern California and the real party in interest Fred E. Huntley, seek review of Decision No. 72568 of the Public Utilities Commission modifying and approving as modified revi
*70
sions of tariff schedules Nos. 32-T and 36-T of Pacific Telephone and Telegraph Company (hereafter referred to as PT&T). The schedules provide that subscri...
Views: 35
Defendant appeals from a judgment awarding plaintiff $2,800 damages in an action for wrongful discharge of a child actress. Facts-. By a written agreement, dated January 2, 1962, defendant Lyl Productions (hereinafter referred to as “Lyl”) employed plaintiff Portland Mason (hereinafter referred to as “Portland”), who at that time was 13 years old, to render, at Lyl’s option, services as an actress...
Views: 1
69 Cal. 2d 90 (1968)
HAYES ALAN BERNSTEIN, Petitioner,
v.
COMMITTEE OF BAR EXAMINERS, THE STATE BAR OF CALIFORNIA, Respondent.
L. A. No. 29314.
Supreme Court of California. In Bank.
Aug. 8, 1968.
William P. Camusi for Petitioner.
Kenneth D. McCloskey and Crawford J. Cofer for Respondent.
THE COURT.
Hayes Alan Bernstein seeks review of the action of the Committee of Bar Examiners in refusin...
Views: 10
69 Cal.2d 108 (1968)
JAMES DAVIS ROWLAND, JR., Plaintiff and Appellant,
v.
NANCY CHRISTIAN, Defendant and Respondent.
S. F. No. 22583.
Supreme Court of California. In Bank.
Aug. 8, 1968.
Jack K. Berman for Plaintiff and Appellant.
Healy & Robinson and John J. Healy for Defendant and Respondent. *110
PETERS, J.
Plaintiff appeals from a summary judgment for defendant Nancy Christian in t...
Views: 68
Defendant was charged by information with two counts of murder, and pleaded not guilty and not guilty by reason of insanity to both. The jury returned verdicts of first degree murder on each count, found defendant sane at the time of the commission of the crimes, and fixed the penalty at death. The court denied motions for new trial and for reduction of the penalty. The appeal is automatic. (Pen. ...
Views: 61
Defendant appeals from a judgment convicting him of violating section 288 of the Penal Code (lewd and lascivious acts upon the body of a child under the age of 14 years). Upon a prior trial, the jury had been unable to agree on a verdict.
Facts: Viewing the evidence in the light most favorable to the People, the record shows that over a period of two or three months in the course of a number of vi...
Views: 0
In 1951 the Department of Alcoholic Beverage Control, claiming to act pursuant to authority conferred *174upon it by section 22 of article XX of the California Constitution and sections 25006 and 25750 of the Business and Professions Code,1 promulgated rule 105(a) (Cal. Admin. Code, tit-. 4; § 105, subpar. (a)). With minor modifications, this rule has been in effect continuously since 1951 and tod...
Views: 22
69 Cal.2d 187 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
THOMAS JOHN RUSSEL, Defendant and Appellant.
Crim. No. 11965.
Supreme Court of California. In Bank.
Aug. 14, 1968.
Thomas John Russel, in pro. per., and Frank G. Prantil, under appointment by the Court of Appeal, for Defendant and Appellant.
Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Geral...
Views: 53
Georgia Nan Russell Hembree appeals from a judgment (Prob. Code, § 12401) entered in proceedings for the determination of heirship (§§ 1080-1082) decreeing inter alia that under the terms of the will of Thelma L. Russell, deceased, all of the residue of her estate should be distributed to Chester H. Quinn.
Thelma L. Russell died testate on September 8, 1965, leaving a validly executed holographic ...
Views: 6
Page 237
In this action for wrongful death brought, by the widow and three minor children of an agricultural worker, defendants David Wallace Beid and Don Dale appeal from a judgment entered upon a jury verdict in favor of plaintiffs in the sum of $40,000.
*220Decedent was employed on the Kitigawa Ranch as a “pusher” or “straw boss.” Kitigawa ordered fertilizer from a chemical company which contracted with...
Views: 21
Defendant was charged by information with three counts of robbery (Pen. Code, § 211)1 (counts 1, 3 and 5), three counts of kidnaping for the purpoose of robbery (§209) (counts 2, 4, and 6), and a prior felony conviction. He pleaded not guilty and admitted the prior conviction. A jury found him guilty as charged and determined (§1157) that the robberies were of the first degree (§ 211a). As to coun...
Views: 2
Defendant appeals from a judgment convicting him on three counts of armed robbery.1 He contends that the trial court abused its discretion in limiting the number of corroborating alibi witnesses to be brought from Massachusetts to testify in his behalf, that it was prejudicial error to admit evidence of another robbery committed by defendant in California some two weeks after those charged, and th...
Views: 36
Defendants appeal from a judgment entered in an action for declaratory relief brought to establish and enforce their liability under a written guaranty executed in connection with a lease of certain restaurant and kitchen equipment by plaintiff United States Leasing Corporation (USLC) to Cal-West Aviation, Inc. (Cal-West).
Plaintiff USLC is a corporation engaged in the business of purchasi...
Views: 16
This appeal is from a judgment determining interests in the estate of Walter II. Stewart, deceased. Appellants are the stepchildren of the decedent and the sole surviving beneficiaries under his will. Respondent is decedent ’s widow and the administratrix of his estate. *297The'facts are not in dispute. Decedent, his then wife Jennie M. Stewart, and his brother John E. Stewart owned real property ...
Views: 1
69 Cal.2d 336 (1968)
LOID D. BELLUS et al., Plaintiffs and Respondents,
v.
CITY OF EUREKA, Defendant and Appellant.
S. F. No. 22236.
Supreme Court of California. In Bank.
Sept. 13, 1968.
Melvin S. Johnsen, City Attorney, for Defendant and Appellant.
Hill & Neville and Robert W. Hill for Plaintiffs and Respondents.
TOBRINER, J.
Plaintiffs, members of the Police and Fire Departments of t...
Views: 17
Page 244
In February 1963 plaintiffs Clarence and Stella Harvey, who owned improved real property in Los Gatos, listed the property for sale with Grant Rowe, a licensed real estate broker. Defendant Henry Davis answered Rowe’s advertisement of the property and expressed interest in buying it for himself and his wife. After preliminary negotiations, the Davises submitted a written offer through Rowe to e...
Views: 1
Page 245
We hold here that an ordinance which decrees that the salaries of certain city employees shall be no less than the average of those of an adjoining city and those of an adjoining county does not unlawfully delegate legislative power because the power to legislate has been expressed and exerted in the enactment of the policy of such parity; future adjustment in salaries pursuant to that formula is ...
Views: 23
69 Cal.2d 386 (1968)
HELEN LE FEBVRE, Petitioner,
v.
WORKMEN'S COMPENSATION APPEALS BOARD, STATE COMPENSATION INSURANCE FUND et al., Respondents.
S. F. No. 22602.
Supreme Court of California. In Bank.
Oct. 3, 1968.
William T. Hays for Petitioner.
Everett A. Corten, Richard Swanson, T. Groezinger, Loton Wells, G. K. Bogue and Arthur C. Jones., Jr., for Respondents.
BURKE, J.
In this review ...
Views: 6
Page 247
The question presented is whether Daniel John Yutze is entitled to credit on his 1956 California prison sentence for the time he served in federal institutions under a 1963 federal sentence.
The Department of Corrections (hereafter called the Department) did not give Yutze such credit and without it his discharge date was February 1, 1968. Less than one month before that date, namely on Ja...
Views: 12
Page 248
Clyde R. Gullatt, a San Quentin inmate, filed the instant habeas corpus petition, contending, among other things, that he was improperly denied credit on his California terms for the time he served in federal prison.
On February 21, 1957, Gullatt began serving concurrent California prison sentences for possession of marijuana (maximum term 10 years; former § 11712 of Health & Saf. Code, as...
Views: 15
Petitioner seeks annulment of a decision after reconsideration by the Workmen’s Compensation Appeals Board which apportioned liability for temporary disability compensation and medical treatment subsequent to April 1, 1966, 50 percent to respondent carrier and 50 percent to petitioner. The basis of the apportionment was a neck injury not industrially related suffered August 1961 and a subsequent i...
Views: 20
Petitioner seeks review of the appeals board's decision after reconsideration in which the board held that the death of petitioner’s husband did not arise out of his employment, We conclude that, since the board's decision lacks the support of substantial evidence and involves errors of law, it cannot stand.
Petitioner’s husband, Arthur McAllister, worked for the San Francisco Fire Department for...
Views: 0
Plaintiffs, the widow and minor children of decedent Kurt Meier, brought this action against defendants Ross General Hospital and James M. Stubblebine, to recover damages for the alleged wrongful death of the decedent. While a patient in the psychiatric wing of the hospital and under the care and supervision of Dr. Stubblebine, decedent committed suicide by jumping head-first through an open windo...
Views: 23
Petitioner seeks annulment of an order of the Workmen’s Compensation Appeals Board upon reconsideration that he did not suffer his back injury in the course of his employment. On June 27, 1967, petitioner, while working as a carpenter, developed back pain. He did not recall any specific accident or other incident causing the injury. He was lifting 2 x 10 inch studs which were 20 to 22 feet long, a...
Views: 0
Page 253
Plaintiff brought this action to recover damages for injuries to her person and property incurred in an automobile accident. She appeals from an adverse judgment and from an order denying her motion for judgment notwithstanding the verdict on the issue of liability.
*444Plaintiff stopped her car in a left-turn lane to wait for a traffic signal to change. Defendant turned into the left-turn lane be...
Views: 39
Plaintiffs Mr. and Mrs. Herbert Lee Clark brought this action to recover damages for injuries to their persons and property incurred in an automobile accident. They appeal from an adverse judgment and from an order denying their motion for judgment notwithstanding the verdict on the issue of liability. Mr. Clark was driving and Mrs. Clark was riding in the right front seat at the time of the accid...
Views: 22
Plaintiff Waldo E. Woodcock, an employee of Barrett Construction Company, was injured on December 16, 1963, at a construction site in Palo Alto. He commenced this action for damages for personal injuries against Fontana Scaffolding and Equipment Company, alleging that it had negligently stacked a number of metal scaffold frames which had fallen on him.
Fontana Scaffolding denied all material alleg...
Views: 0
—Plaintiff Templeton Feed and Grain (Templeton), a corporation, brought this action against defendant Ralston Purina Company (Ralston) seeking damages for abuse of process and pleading a common count for money had and received. The jury found in favor of Templeton in the amount of $110,738.56. The trial court granted Ralston’s motion for a new trial,
1
unless Templeton consented to a...
Views: 21
The plaintiffs, the wife and son of Arthur 0. Dillenbeek, deceased, brought this action against the City of Los Angeles for the wrongful death of Dillenbeck arising out of a collision between his vehicle and a police ear operated by Officer Abraham Weber in the course of his employment with the Los Angeles Police Department.
The accident in question occurred on January 22, 1962, at approximately 2...
Views: 1
Page 258
Petitioner is in the constructive custody of bail under a civil arrest order of the Los Angeles County Superior Court. He questions the constitutionality of the statutes that authorize arrest and imprisonment on an ex parte application of the plaintiff in a civil action. (Code Civ. Proc., §§ 478-504.) The statutes do not require that the defendant be brought into court after his arrest or that he...
Views: 14
69 Cal.2d 491 (1968)
446 P.2d 138
72 Cal. Rptr. 330
THE PEOPLE, Petitioner,
v.
THE SUPERIOR COURT OF MARIN COUNTY, Respondent; LOVERD HOWARD, Real Party in Interest.
Docket No. S.F. 22592.
Supreme Court of California. In Bank.
October 31, 1968.
*493 Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, Edward P. O'Brien and Derald E. Granberg, Deputy Attorneys Gene...
Views: 29
In this corporate franchise tax controversy, a hearing was granted by this court, after decision by the Court of Appeal, Second Appellate District, Division Three, for the purpose of giving further study to the problems presented. After such study we have concluded that the opinion of the Court of Appeal, prepared by Presiding Justice Ford, correctly treats and disposes of the issues involved, ...
Views: 16
Page 261
■—■ Petitioner is presently confined in the Orange County jail under a temporary commitment order of the superior court awaiting trial on an information charging him with the sale of narcotics in violation of section 11501 of the Health and Safety Code, a felony. He seeks his release by habeas corpus on the ground that he was deprived of his statutory and constitutional rights to a speedy trial an...
Views: 15
Plaintiff Delta Dynamics, Inc. developed a trigger lock for use as a safety device on firearms. On March 23, 1961, it entered into a contract with defendants, partners doing business as the Pixey Distributing Co., for the distribution and sale of the locks throughout the United States. The contract was to run for five years from the date of the first delivery of the locks, and Pixey was given an o...
Views: 16
On behalf of the San Francisco Bay Conservation and Development Commission (hereinafter BCDC), the Attorney General brought suit to enjoin certain fill operations by the Town of Emeryville on the ground that Emeryville had not obtained a BCDC permit as directed by the McAteer-Petris Act. (Gov. Code, § 66604.) The trial court concluded that Emeryville was not required to secure a permit because ...
Views: 23
Page 264
On October 20, 1966, after trial without a jury, defendant was convicted of the crimes of robbery (Pen. Code, § 211) and kidnaping for the purpose of robbery (Pen. Code, § 209). He has appealed from the resulting judgment. Pour men robbed a residence in Studio City on June 4, 1966. The following day, Alfred Baum and Richard Bader were arrested for possession of narcotics. At the time of their a...
Views: 37
Subdivision (a) of section 5405 of the Labor Code provides that an applicant for workmen’s compensation benefits must commence proceedings within one year from the date of injury. Under section 5412, the date of injury in the case of an occupational disease is deemed to be the day upon which the employee first suffered disability therefrom and either knew, or in the exercise of reasonable diligen...
Views: 0
Page 266
69 Cal.2d 563 (1968)
446 P.2d 535
72 Cal. Rptr. 655
In re ALBERT J. GIANNINI et al. on Habeas Corpus.
Docket No. Crim. 11446.
Supreme Court of California. In Bank.
November 14, 1968.
*564 Pelletreau, Gowen, Moses & Porlier and Kenneth Larson for Petitioners.
Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, Edward P. O'Brien and Michael J. Phelan, Deputy At...
Views: 27
In these consolidated appeals plaintiff taxpayers seek to recover taxes that they claim were based on improper assessments. Both plaintiffs and defendants in L.A. 29534, appeal from a judgment upholding 46 assessments and invalidating three assessments by the County of Los Angeles and the City of Long Beach for the tax year of 1963-64. The State Lands Commission of the State of California appears ...
Views: 11
Page 268
The issue here presented is whether the death penalty and the procedures followed in imposing it are constitutional, and not whether it should be retained or abolished in California. Retention or abolition raises a question of legislative policy which under our system of division of powers falls within the competence of the Legislature or the electorate.
A jury found Frederick Saterfield guilty on...
Views: 4
Page 269
On October 10, 1966, defendant was arrested for possession of heroin. He was taken to a jail infirmary, confined there, examined, and observed by a doctor, and on October 13, 1966, a petition was filed to commit him as a narcotic addict or as a person who is in imminent danger of becoming addicted to narcotics. (Welf. & Inst. Code, § 3100 et seq.) On October 26, the allegations of the petition wer...
Views: 38
Plaintiff appeals from a judgment denying his petition to vacate an arbitrators’ award, as corrected, and confirming the award as requested by defendant. Facts-. On September 18, 1952, Mutual Housing Association, as “Seller,” and Grandview Building Co., as “Buyer,” entered into an agreement with respect to certain undeveloped real property in the Brentwood area of Los Angeles. By virtue of a writt...
Views: 24
Petitioners, a labor union, several of its officers, and a central labor council, seek a writ of prohibition restraining the respondent superior court from taking any further proceedings in an action for injunctive relief brought against them by real parties in interest Charles 0. Finley & Company, Inc. (Finley) and the Oakland-Alameda County Coliseum, Inc. (Coliseum) and from enforcing any ord...
Views: 11
Page 272
Defendant union and other defendants appeal from a judgment (1) permanently enjoining them from attempting to induce plaintiff theatre corporation to employ members of the union at one of its theatres except in accordance with a certain alleged agreement; (2) awarding plaintiff theatre corporation damages in the amount of $27,841; and (3) adjudging that defendants should take nothing by reason ...
Views: 22
Defendant was charged by indictment with the following crimes: robbery of Bernadette Henderson (count I), assault of Bernadette Henderson with intent to commit rape (count II), assault of Bernadette Henderson by means of force likely to produce great bodily harm (count III), burglary (count IV), murder of Mildred Pedriek (count V), and robbery of Mildred Pedriek (count VI). He entered pleas of no...
Views: 52
Page 274
69 Cal.2d 751 (1968)
THE PEOPLE, Plaintiff and Respondent,
v.
RONALD WAYNE WHITE, Defendant and Appellant.
Crim. No. 10818.
Supreme Court of California. In Bank.
Nov. 27, 1968.
Charles M. Berg, under appointment by the Supreme Court, and Luther Barrow for Defendant and Appellant.
Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Thomas Kerrigan, Deputy Atto...
Views: 36
Ralph Chacon, William Noah, Marines Meyers, and Ernest Garcia were jointly charged with violating Penal Code section 4500 (malicious assault with a deadly weapon by a life prisoner). Chacon, Noah, and Meyers pleaded not guilty and not guilty by reason of insanity. Garcia pleaded not guilty. A jury returned verdicts of guilty against Chacon, Noah, and Meyers, but was unable to reach a verdict as t...
Views: 68
69 Cal.2d 782 (1968)
447 P.2d 352
73 Cal. Rptr. 240
INA MAE JOHNSON, Plaintiff and Appellant,
v.
STATE OF CALIFORNIA, Defendant and Respondent.
Docket No. L.A. 29565.
Supreme Court of California. In Bank.
December 4, 1968.
*784 Fizzolio & Fizzolio, James M. Fizzolio, C. Thomas Fizzolio and Albert Vieri for Plaintiff and Appellant.
Edward I. Pollock, Robert E. Cartwright, Theodore A. Horn, Rob...
Views: 69
We hold in this case that the acknowledgment of the receipt of the premium in a policy of automobile liability insurance which has been delivered is conclusive evidence of its payment and precludes the insurer from cancel-ling the policy for nonpayment of the premium. As we explain infra, the above rule obtains even where the policy has become operative and gone into effect and notwithstanding the...
Views: 0
Petitioner seeks review of the appeals board’s order denying reconsideration of an opinion and order by a referee denying workmen’s compensation benefits on the ground that the death of petitioner’s husband did not arise out of his employment. Since the accident occurred when the employee drove his car to the employer’s premises pursuant to the employer’s requirement that the employee furnish his ...
Views: 0
Petitioner County of Riverside seeks prohibition and mandamus to compel respondent Superior Court of San Diego County to (1) set aside a temporary restraining order and order to show cause issued February 7, 1968, in an action brought against petitioner in respondent court by Desert Outdoor Advertising, Inc. et al. (Desert), real parties in interest herein, (2) set aside a minute order of Febru...
Views: 9
On this appeal from a judgment ordering issuance of a writ of mandate, we are called upon to decide whether the trial court has the power to review the determina *835 tion of a public defender that an accused who requests his services is “not financially able to employ counsel” (Gov. Code, §27706, subd. (a)). We conclude that such a determination is not subject to judicial, as distinguished fro...
Views: 28
Page 281
On February 21, 1968, we issued an order to show cause on the basis of petitioner’s pro se application for habeas corpus alleging that he suffered a nervous breakdown because custodial officers in San Quentin mistreated him in January and February 1967, after he was placed in isolation because of his violation of prison rules.1 Respondent’s return, filed March 15, 1968, avers that petitioner has a...
Views: 9
Plaintiffs, the buyers of a house to be constructed upon their land, obtained a judgment barring the assignees of the sellers of the house from collecting certain carrying charges (the so-called time price differential) because of violations of the Unruh Act (sections 1801 through 1812 of the Civil Code). The judgment also awarded to plaintiffs their attorney’s fees and costs as well as certain...
Views: 9
Page 284
In this habeas corpus proceeding, petitioner attacks his conviction of violating Penal Code section 4532, subdivision (b), escape from custody, on the ground that the undisputed facts establish that the statute did not prohibit his conduct. (See In re Zerbe (1964) 60 Cal.2d 666, 668 [36 Cal.Rptr. 286, 388 P.2d 182,10 A.L.R.3d 840].) On the evening of August 11, 1961, a deputy sheriff received a ca...
Views: 26
Defendant filed a notice of appeal "from a *908judgment [of the Superior Court of the City and County of San Francisco] . . . committing the defendant to the State Prison for the term prescribed by law or, in the alternative, from the revocation of probation . . . committing the defendant to the State Prison for the term prescribed by law. ” On April 10, 1967, defendant pleaded guilty to a charge ...
Views: 47
In this action in which both parties seek injunctive-relief in respect-to an easement,.- defendants and cross-complainants
1
(hereafter referred to collectively - as
*517
Katz) appeal from orders granting plaintiff and cross-defendant Continental Baking Company (Continental) a preliminary injunction and denying Katz a preliminary injunction.
2
We granted a h...
Views: 39
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