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All Reporters → cal-lexis → Volume 1972

Opinions in cal-lexis Volume 1972

Opinion Defendant Harvey Lynn Beagle II was convicted by a jury of one count of attempted arson (Pen. Code, § 451a)-and one count of arson (Pen. Code, § 448a). A prior conviction of having issued a check without sufficient funds (Pen. Code, § 476a) was charged and admitted but the judgment reflects no disposition of the allegation. Defendant was sentenced to the state prison for the term prescribe...
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Opinion On April 14, 1967, defendant Russell Waite, a retired California Superior Court judge, in an action for an ex parte divorce in Nevada obtained a judgment awarding him all benefits accruing under the Judges’ Retirement Law (Gov. Code, §§ 75000-75109). Plaintiff, Jean Waite, defendant’s former wife, brought the present action in the Riverside County Superior Court against defendant ...
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Opinion An information charged defendant with unlawfully possessing heroin for sale. (Health & Saf. Code, § 11500.5.) At a special pretrial hearing he moved to suppress evidence on the ground that it was obtained by an unreasonable, search without a warrant. (Pen. Code, § 1538.5.) The superior court denied his motion. He then filed a timely, formally sufficient petition for a writ of proh...
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Opinion In this case, involving the liability of three insurers whose policies provided concurrent coverage for a certain accident, a hearing was granted by this court, alter decision by the Court of Appeal, Second Appellate District, Division Two, 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, prepa...
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Opinion Defendant appeals from a judgment determining that plaintiffs are entitled to recover from defendant the amount paid by them under an insurance policy in settlement of a claim for personal injuries, together with interest thereon. Facts: The record herein shows, as follows: (1) On March 9, 1962, Robert O. Langford (Langford), an employee of Signal Trucking Service, Ltd. (Signal), drove a S...
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Opinion This is a petition for recall of the remittitur after an affirmance by the Court of Appeal of a judgment convicting defendant on various felony counts. All the events took place on the evening of May 6, 1967, and in the same neighborhood of Los Angeles. The first victim, James Baker, testified that about 8 or 8:30 p.m. he was drinking beer in a bar when defendant, whom he characterize...
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Opinion Defendant Roger Joseph Poyet was convicted by a jury of issuing a check without sufficient funds, a violation of Penal Code section 476a.1 It was also charged and defendant admitted that he had suffered five prior convictions for violations of the same code section. He appeals from the judgment of conviction on the ground that disclosure to the payee of the present insufficiency of funds i...
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Opinion Plaintiffs Mary Lou and Albert Scott filed an action on behalf of themselves and other similarly situated landowners against the City of Indian Wells, California, seeking a declaratory judgment voiding the city’s grant of a conditional use permit to construct a large planned development on land lying just within the city limits. Plaintiffs and the class they represent own neighbor...
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Opinion The Disciplinary Board of the State Bar has unanimously recommended that petitioner Cornell Ridley be disbarred, and he seeks in this proceeding to review the board’s recommendation. Petitioner was admitted to practice in 1954. The only disciplinary action previously taken against him was a private reproval in 1965. On the basis of extensive evidence received at hearings before a loca...
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*565 Opinion In this disciplinary proceeding we must consider whether the course of conduct of an attorney culminating in his conviction for failure to pay a federal marijuana transfer tax involves moral turpitude, and if so, the nature and extent of the appropriate discipline. We conclude that failure to pay the tax does not constitute moral turpitude per se, but that respondent...
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6 Cal.3d 575 (1972) 493 P.2d 480 100 Cal. Rptr. 16 CHRISTO TOM BEKIARIS, Plaintiff and Appellant, v. BOARD OF EDUCATION OF THE CITY OF MODESTO, Defendant and Respondent. Docket No. S.F. 22805. Supreme Court of California. In Bank. February 9, 1972. *579 COUNSEL Levy & Van Bourg, Victor J. Van Bourg and Stewart Weinberg for Plaintiff and Appellant. Paul N. Halvonik and Charles C. Marson as Ami...
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*598 Opinion In these mandate proceedings we are called upon to resolve the impasse created by the failure to date of the Legislature to pass legislative and congressional reapportionment bills acceptable to the Governor in time for the upcoming 1972 primary and general elections. For the reasons hereafter stated we have concluded that there is now no practical alternative available to us but...
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Opinion Plaintiffs, Earl Morgan and Frederic J. Saetelle, are electricians who were seriously injured when they fell from a rolling scaffold which toppled over after one of its wheels fell into a hole in a building under construction. They each filed an action against Associated Construction and Engineering Co. (Associated), the general contractor for the building, and two individuals doi...
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Opinion — A jury found Robert Page Anderson guilty of first degree murder, the attempted murder of three men, and first degree robbery, and fixed the penalty at death for the murder. The judgment was affirmed. (.People v. Anderson (1966) 64 Cal.2d 633 [51 Cal.Rptr. 238, 414 P.2d 366].) Thereafter the remittitur was recalled and the judgment was reversed insofar as it...
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Opinion This workmen’s compensation claim is before our court for a second time. (Goytia v. Workmen's Comp. App. Bd. (1970) 1 Cal.3d 889 [83 Cal.Rptr. 591, 464 P.2d 47].) On the initial appeal, we held that in determining an employee’s “earning capacity” for purposes of computing his “average weekly earnings” under Labor Code section 4453, subdivision (d), 1 the Workmen’s Compensation App...
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6 Cal.3d 666 (1972) 493 P.2d 857 100 Cal. Rptr. 129 In re MONTIE PAUL SUTHERLAND on Habeas Corpus. Docket No. Crim. 15731. Supreme Court of California. In Bank. February 22, 1972. *667 COUNSEL Montie Paul Sutherland, in pro. per., and Don W. Goldstein, under appointment by the Supreme Court, for Petitioner. Evelle J. Younger, Attorney General, William E. James, Assistant Attorney General, and Edw...
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Opinion — Petitioner seeks review and annulment of an opinion and decision after reconsideration of respondent Workmen’s Compensation Appeals Board, which opinion and decision ordered stricken from a permanent disability award in petitioner’s favor a 10 percent penalty imposed under section 5814 of the Labor Code. From April 18, 1949, to and including January 6, 1966, while employed by respon...
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Opinion Petitioners seek a writ of mandate or prohibition ordering that respondents cease requiring that they and the class of persons whom they represent post the 25 percent penalty assessment provided for by section 13521 of the Penal Code in order to obtain their release from custody while awaiting trial. Facts: Two of the petitioners are charged with violating section 11500.5 *695 of ...
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Opinion The sole issue in this case is whether a yacht insurance policy purchased by plaintiff provided coverage for his vessel while it was at sea, a few miles from San Francisco Bay. Plaintiff acquired a 28-foot ketch in October 1967 for $5,400 and shortly thereafter the vessel was taken to a repair yard in Sausalito for an extensive overhaul. On November 17, he purchased a policy ...
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6 Cal.3d 704 (1972) 493 P.2d 1183 100 Cal. Rptr. 319 THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; STANLEY CHARLES JOHNSON et al., Real Parties in Interest. Docket No. L.A. 29872. Supreme Court of California. In Bank. February 29, 1972. *706 COUNSEL Joseph P. Busch, Jr., District Attorney, Harry Wood and Arnold T. Guminski, Deputy District Attorneys, for Petitio...
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Opinion As a result of wounds received at work in a fight with a co-employee, Halfred C. Mathews died on December 3, 1969. His widow’s *724peition for review of the decision of the Workmen’s Compensation Appeals Board (Board) denying compensation presents to us the deceptively simple question whether Labor Code section 3600, subdivision (g),1 which bars an “initial physical aggressor” from benefi...
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Opinion Petitioner seeks a writ of mandate directing respondent David G. Hitchcock, as registrar of voters, to issue to petitioner, and to accept from petitioner for filing, nomination papers for the office of Supervisor of the First Supervisorial District of Orange County. For reasons set forth infra, we have concluded that petitioner is qualified to be a candidate for such office and that, ...
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With extreme reluctance I concur in the judgment. In my opinion, contrary to that of the majority, the People’s theory for sustaining the taking of the blood sample would have been valid had it been timely presented and the trial court determined the circumstances to be those asserted by the People. The People’s theory is that in the absence of a warrant, consent, or an arrest the taking of Allen ...
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6 Cal.3d 771 (1972) 494 P.2d 1 100 Cal. Rptr. 377 JOHN L. LAENG, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, CITY OF COVINA et al., Respondents. Docket No. L.A. 29942. Supreme Court of California. In Bank. March 6, 1972. *773 COUNSEL Donine, Donine & Cuthbert and Marvin D. Donine for Petitioner. Rupert A. Pedrin, Stanley S. Feinstein, T. Groezinger, James J. Vonk and W.R. Lowndes for...
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6 Cal.3d 784 (1972) 494 P.2d 9 100 Cal. Rptr. 385 GEORGE FRACASSE, Plaintiff and Appellant, v. RAY RAKA BRENT, Defendant and Respondent. Docket No. L.A. 29876. Supreme Court of California. In Bank. March 10, 1972. *786 COUNSEL Freeman & Freeman, Lee A. Freeman and Lawrence P. Freeman for Plaintiff and Appellant. Mour, Klein & Aronson and Robert A. Klein as Amici Curiae on behalf of Plaint...
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6 Cal.3d 805 (1972) 494 P.2d 681 100 Cal. Rptr. 609 DEVERE JOSEPH LANCASTER et al., Plaintiffs and Respondents, v. THE MUNICIPAL COURT FOR THE BEVERLY HILLS JUDICIAL DISTRICT OF LOS ANGELES COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Appellant. Docket No. L.A. 29933. Supreme Court of California. In Bank. March 21, 1972. *806 COUNSEL Joseph P. Busch, Jr., District Atto...
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Opinion William Glenn Myers appeals from a judgment upon jury convictions of illegal possession of marijuana (Health & Saf. Code, § 11530), illegal possession of amphetamines (Health & Saf. Code, § 11910), and illegal possession of a hypodermic needle and a hypodermic syringe (Bus. & Prof. Code, § 4143). Searches without a warrant of defendant’s cabin and automobile produced evidence whic...
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6 Cal.3d 821 (1972) 494 P.2d 690 100 Cal. Rptr. 618 THE PEOPLE, Plaintiff and Respondent, v. JAMES McINNIS, Defendant and Appellant. Docket No. Crim. 15620. Supreme Court of California. In Bank. March 23, 1972. *822 COUNSEL Edward J. Horowitz, under appointment by the Supreme Court, for Defendant and Appellant. Evelle J. Younger and Thomas C. Lynch, Attorneys General, William E. James, Assistant ...
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Opinion We issued an order to show cause in response to the application of George Gregory Watson for a writ of habeas corpus on allegations of improprieties inducing his 1968 plea and adjudication of guilty to a charge of grand theft. Following an evidentiary hearing before a referee and a successor referee appointed by us to make factual inquiries and findings and to report such findings, we h...
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Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar (Board) that petitioner be publicly reproved. Petitioner was admitted to practice in 1955; there have been no prior disciplinary proceedings against him. In two independent proceedings commenced in 1968 and subsequently ordered consolidated for the purpose of taking evidence and making ...
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Opinion Petitioners are the widow and children of William Dimmig who was killed in an automobile accident while returning home from night classes at Notre Dame College in Belmont, California. Petitioners seek review of the decision, of the Workmen’s Compensation Appeals Board adopting the findings and recommendations of its referee denying compensation benefits on the ground that Dimmig was not...
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*874 Opinion Plaintiff appeals from a portion of a judgment of nonsuit entered in an action for damages for personal injuries. Viewing the evidence under the well-settled rules governing nonsuits 1 and in the light most favorable to plaintiff, we set forth the following pertinent facts. In February 1966, Mrs. Mary Morrison, a resident of defendant City of Ont...
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Opinion C. J. On February 3, 1971, petitioners Thomas and Rebecca Halpin, husband and wife, and Martin Silva were charged by indictment with conspiracy to transport marijuana (Pen. Code, § 182, subd. 1; Health & Saf. Code, § 11531), transportation of marijuana (Health & Saf. Code, § 11531) and possession of marijuana for sale (Health & Saf. Code, § 11530.5). The trial court denied their motions t...
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6 Cal.3d 903 (1972) 495 P.2d 1307 101 Cal. Rptr. 387 RAYMOND LEE DECKER, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant. Docket No. L.A. 29946. Supreme Court of California. In Bank. April 26, 1972. *904 COUNSEL Evelle J. Younger, Attorney General, and Marilyn Mayer Moffett, Deputy Attorney General, for Defendant and Appellant. Feldman, Golde & Supancic, Fel...
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Opinion This is a proceeding under Business and Professions Code section 6083, subdivision (a) and rule 59(a) of the California Rules of Court, to review a recommendation of the State Bar Disciplinary Board. The petitioner, Albert Martin Bernstein, was admitted to the practice of law in this state on June 11, 1958. He has no prior record of discipline. Local Administrative Committee ...
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6 Cal.3d 920 (1972) 496 P.2d 480 101 Cal. Rptr. 568 IRA NESTLE et al., Plaintiffs and Appellants, v. CITY OF SANTA MONICA, Defendant and Respondent. Docket No. L.A. 29940. Supreme Court of California. In Bank. April 28, 1972. *923 COUNSEL Fadem & Kanner, Michael M. Berger, Jerrold A. Fadem and Gideon Kanner for Plaintiffs and Appellants. Richard L. Knickerbocker and Christina New, City Attorn...
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Opinion The San Diego County Department of Public Welfare, a licensed adoption agency (hereinafter Department), petitions for writ of mandate/prohibition directing the San Diego Superior Court, respondent, (1) to set aside its orders granting letters of guardianship to Jessie S. and to enter orders denying the guardianship petition, (2) to set aside its order denying Department’s motion for sum...
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Opinion This proceeding for writ of mandate challenges the constitutionality of the provisions of California law which impose durational residence requirements of 90 days in the county and 54 days in the precinct as a prerequisite to voting in this state, 1 and which close the voter registration books 54 days before an election. 2 As will appear, we have concluded that the cited provisions ...
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Opinion Defendant was charged with possession of heroin for sale in violation of section 11500.5, Health and Safety Code. He waived a *33jury trial and submitted the matter to the court on the transcripts of the preliminary hearing and of the hearing on his motion to suppress evidence made under section 1538.5 of the Penal Code. Motion for new trial on the ground that the evidence was procured by ...
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*51 Opinion In this action for a refund of business license taxes levied against them by defendant City of Los Angeles for the years 1963 through 1967, plaintiffs appeal from a judgment denying recovery. After decision by the Court of Appeal, Second Appellate District, Division One, reversing the judgment of the trial court, we granted a hearing in this court for the purpose...
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7 Cal.3d 64 (1972) 496 P.2d 840 101 Cal. Rptr. 768 SUNSET AMUSEMENT CO. et al., Plaintiffs and Appellants, v. BOARD OF POLICE COMMISSIONERS OF THE CITY OF LOS ANGELES, Defendant and Respondent. Docket No. L.A. 29882. Supreme Court of California. In Bank. May 10, 1972. *69 COUNSEL Arnold H. Gold for Plaintiffs and Appellants. Roger Arnebergh, City Attorney, George J. Franscell, Assistant City Atto...
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*93 Opinion In our opinion herein we stated: “We retain jurisdiction to draft new reapportionment plans for the elections of 1974 through 1980 in the event that the Legislature does not enact valid legislative and congressional reapportionment statutes by the close of its 1972 regular session.” (Legislature v. Reinecke (1972) 6 Cal.3d 595, 604 [99 Cal.Rptr. 481, 492 P.2d 385].) The Senate...
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Opinion This action was commenced in the Superior Court of Alameda County in 1968 by six individual plaintiffs on behalf of themselves and other similarly situated persons against defendant Merchants Collection Association of Oakland, Inc. (Merchants), 1 a licensed collection agency, to challenge the agency’s alleged practice of knowingly and wilfully filing actions in improper...
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Opinion In this case we are called upon to determine the constitutionality of the procedures (Pen. Code, §§ 1026, 1026a) for the commitment *131 and release of persons who, following trial for a criminal offense, are acquitted by reason of their insanity. We have concluded that these procedures, whereby such persons may be confined in a state hospital for a minimum period of ...
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Opinion In this taxpayer’s suit we are asked to determine if San Francisco may properly sell its vacated streets, burdened with private easements of ingress and egress, for 50 percent of their unencumbered fee value. We hold that, because the value of such easements in all of the city’s streets are not uniform, the city’s arbitrary reduction of 50 percent of the value of the vacated stree...
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Opinion Plaintiffs appeal from a judgment of nonsuit entered by the San Francisco Superior Court at the close of plaintiffs’ case in a wrongful death action. Plaintiffs’ decedent, Calvin Mark, was electrocuted while attempting to remove or unscrew a light bulb from a street lamp located *174outside his apartment bedroom window. Plaintiffs sued, under various theories of liability, Calvin’s landlo...
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7 Cal.3d 186 (1972) 496 P.2d 1205 101 Cal. Rptr. 837 THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; GARY STEVEN SIMON, Real Party in Interest. Docket No. L.A. 29881. Supreme Court of California. In Bank. May 19, 1972. *190 COUNSEL Evelle J. Younger and Joseph P. Busch, District Attorneys, Harry Wood and Eugene D. Tavris, Deputy District Attorneys, for Petitioner....
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I concur with the result reached by the majority, for I agree that the warrantless search of the pocket of Miller’s overcoat at the police station violated his reasonable expectation of privacy and that the search cannot be upheld as incident to an arrest for receiving stolen property because there was not probable cause to believe he committed that offense. Moreover, the theory that it was incide...
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Opinion We are called upon to determine in this case whether the trial court erred in sustaining a demurrer to plaintiffs’ complaint on the ground that it did not meet the requirements for a class action. The complaint sets forth three causes of action on behalf of the class, based upon theories of fraud or deceit, negligent misrepresentation, and breach of contract. 1 It is alleged that th...
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Opinion This is a proceeding brought by petitioner LeRoy Hersh, a member of the State Bar, pursuant to rule 59(b), California Rules, of Court, 1 to review decisions by the Board of Governors of respondent State *243 Bar fixing fees of its active members for the full calendar, year 1972 in accordance with recent legislation effective March 4, 1972. 2 Peti...
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Opinion Henry Macias Navarro was charged with two violations of section 11501 of the Health and Safety Code (selling and furnishing heroin, offering to sell) and a prior conviction (assault with a deadly weapon, Pen. Code, § 245). He pleaded not guilty and denied the prior. His motion to suppress evidence under section 1538.5 of the Penal Code was denied. At the trial he did not testify b...
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Opinion Defendants Edward T. Smith and Sammie A. Blinn were charged with unlawful possession of marijuana. (Health & Saf. Code, *284 § 11530.) Their motion to suppress the evidence on the ground of illegal search and seizure (Pen. Code, § 1538.5) was granted, and the informa,tion was ordered dismissed (Pen. Code, § 1385). The People appeal. (Pen. Code, § 1238, subds. (a)(1) a...
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Opinion By this application for original writ, petitioner Paolo Raffaelli seeks to compel respondent Committee of Bar Examiners to certify him to this court for admission to the practice of law. The sole ground upon which respondent has refused to certify petitioner *291 is that he is not a citizen of the United States. The question for decision, accordingly, is whether ...
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Opinion Petitioner Ronna Dillon seeks a writ of mandamus to compel respondent court to suppress the evidence discovered as a result of an alleged illegal search. Petitioner is charged with violations of the following sections of the Health and Safety Code: 11530 (possession of marijuana), 11530.1 (planting and cultivating marijuana), 11530.5 (possession of marijuana for sale), 11555 (possession o...
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7 Cal.3d 318 (1972) 497 P.2d 777 102 Cal. Rptr. 305 BARBARA CAMERON, a Minor, etc., Plaintiff and Appellant, v. THE STATE OF CALIFORNIA, Defendant and Respondent. STEVEN TICKES, a Minor, etc., Plaintiff and Appellant, v. THE STATE OF CALIFORNIA, Defendant and Respondent. (Consolidated Cases.) Docket No. S.F. 22866. Supreme Court of California. In Bank. June 7, 1972. *320 COUNSEL Morgan, Beauzay &...
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Opinion In these consolidated proceedings we review Decision No. 78851 of the Public Utilities Commission which authorizes intrastate telephone rate increases in the amount of $143 million annually. We have issued a partial stay providing that all sums collected by Pacific Telephone and Telegraph Company pursuant to the rates authorized by the decision shall be subject to refund in whole or in pa...
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Opinion This is a petition for writ of habeas corpus by Chad Merrill Smith, who is under the constructive restraint of probation following his conviction of indecent exposure. (Pen. Code, § 314, subd. 1.) The issue is whether the act of sunbathing in the nude on an isolated *364 beach, without intent to engage in sexual activity, is punishable under a statute which makes it a crime to “will...
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I dissent. Revenue and Taxation Code section 10758 provides, inter alia: “The *418license fee imposed under this part is in lieu of all taxes according to value levied for State or local purposes on vehicles of a type subject to registration under the Vehicle Code whether or not the vehicles are registered under the Vehicle Code.” (Italics added.) The trial court found as a matter of fact that Big...
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Opinion Nathan Eli was convicted of first degree murder, and his penalty was fixed at death. The judgment was affirmed. (People v. Eli, 66 *421Cal.2d 63 [56 Cal.Rptr. 916, 424 P.2d 356] [cert. den. 389 U.S. 888 (19 L.Ed.2d 188, 88 S.Ct. 136)].) Thereafter under the compulsion of Witherspoon v. Illinois, 391 U.S. 510 [20 L.Ed.2d 776, 88 S.Ct. 1770], the judgment was reversed insofar as it related t...
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Opinion The seven petitioners were all tried together and each was convicted of violation of Penal Code sections 415 (disturbing the peace), 408 (illegal assembly), and 409 (failure to disperse). After the verdicts of conviction, the petitioners filed a timely application with the superior court alleging their indigency and requesting that the transcript of the trial be provided at public...
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7 Cal.3d 433 (1972) 498 P.2d 1105 102 Cal. Rptr. 857 EDWARD J. KIRBY, as Director, etc., Petitioner, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD, Respondent; HARRY E. SCHAEFFER, Real Party in Interest. Docket No. L.A. 29932. Supreme Court of California. In Bank. July 7, 1972. *434 COUNSEL Evelle J. Younger, Attorney General, and Marilyn Mayer Moffett, Deputy Attorney General, for Petitioner. Leo ...
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*451 Opinion Jerome Sharp was charged with a violation of Penal Code section 487, subdivision 1 (grand theft of personal property having a value in excess of $200). He and his court-appointed counsel waived trial by jury, and defendant was found guilty' as charged and sentenced to prison. He appeals from the judgment of conviction. His principal contention is that the trial court...
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Opinion Henry Lawrence Siegenthaler appeals from a judgment upon a conviction of burglary. (Pen. Code, § 459.) We hold, contrary to defendant’s contentions, that evidence seized at the time of his arrest infringed no constitutional right, that an extrajudicial statement was properly received in evidence, and that defendant was not denied a right of self-representation at trial. The record, wh...
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Opinion In this case we are called upon to decide whether a grantor may, in deeding real property to one person, effectively reserve an interest *475 in the property to another. We hold that in this case such a reservation vests the interest in the third party. Plaintiffs Donald E. and Jennie C. Willard filed an action to quiet title to a lot in Pacifica against the Firs...
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Opinion The only issues raised on this appeal are (one)' whether the conviction must be reversed because the pleas of guilty to a charge of burglary in the second degree (Pen. Code, § 459) in action No. A-543205 and to a charge of receiving stolen property (Pen. Code, § 496) in action No. A-581416, were properly received under the standards set forth in Boykin v. Alabama (1969) 395 U.S. 238 [23 L....
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7 Cal. 3d 488 (1972) 498 P.2d 1043 102 Cal. Rptr. 795 JOHN GYERMAN, Plaintiff and Appellant, v. UNITED STATES LINES COMPANY, Defendant and Respondent. Docket No. L.A. 29936. Supreme Court of California. In Bank. July 12, 1972. *492 COUNSEL George E. Shibley, Margolis, McTernan, Smith, Scope & Herring, Ben Margolis, Saltzman & Goldin and Martha Goldin for Plaintiff and Appellant. Ball, Hun...
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Opinion In the instant case, we are called upon to review the suspension of a state civil service employee pursuant to the provisions of Government Code section 19572. We have concluded that the applicable provisions of that section are constitutional, that the evidence supports the findings of the trial court and State Personnel Board that appellant’s conduct was adequate cause for the d...
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Opinion This is an action by a judgment creditor of a now defunct California corporation, Agriform Chemical Company, Inc., against the former directors to collect the debt represented by his judgment pursuant to the California Corporation Law (Corp. Code, § § 100-6804), 1 particularly sections 824, 826, and 5000. Defendants raise the single issue on appeal that the action is ba...
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Opinion Defendant was convicted in 1963 on two counts of sale of heroin 1 in violation of section 11501 of the Health and Safety Code. Two *532 alleged prior convictions- for narcotics offenses were found to: be true. On appeal, in 1964, the judgment of conviction was affirmed, but thereafter, in 1968, on direction of this court, the Court of Appeal recalled its re...
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Opinion Defendant seeks mandate to review an order of the superior court denying his motion to suppress evidence discovered in a routine inventory search of the trunk of his car. Condemned in our opinion in Mozzetti v. Superior Court (1971) 4 Cal.3d 699 [94 Cal.Rptr. 412, 484 P.2d 84], this type of search cannot be redeemed by belated theories actually advanced in this case for the first time at t...
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*546 Opinion Defendant Franchise Tax Board (board) appeals from a judgment in the sum of $1,324,591.96 plus interest in favor of The Pacific Telephone and Telegraph Company (Pacific) in this action for a refund of a portion of the franchise taxes paid to the State of California for the year 1960. The problem presented relates to the interest expense deduction and more specif...
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7 Cal.3d 562 (1972) 498 P.2d 1089 102 Cal. Rptr. 841 THE PEOPLE, Plaintiff and Respondent, v. JOHN BRITTON MILLER, Defendant and Appellant. Docket No. Crim. 12941. Supreme Court of California. In Bank. July 13, 1972. *563 COUNSEL Joseph L. Bortin, under appointment by the Supreme Court, for Defendant and Appellant. *564 Thomas C. Lynch and Evelle J. Younger, Attorneys General, Edsel W. Haws and A...
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Opinion Alfred Ray Bryan seeks extraordinary writs to restrain pending criminal proceedings against him and to mandate further juvenile court proceedings in connection with the charged crime. Respondent, sitting as a juvenile court in prior proceedings, found that petitioner was within its jurisdiction because he admitted committing an unlawful killing when he was 16 years old. (Welf...
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Opinion Petitioner seeks to prohibit his prosecution for murder under the general criminal law. The respondent court, sitting as a juvenile court, directed petitioner’s prosecution as an adult in proceedings which were materially similar to those in Bryan v. Superior Court, ante, p. 575 [102 Cal.Rptr. 831, 498 P.2d 1079]. Petitioner raises no contentions not disposed of in that case. *591For the r...
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Opinion A petition filed in the juvenile court alleged that Donald L., a minor 17 years of age, was within that court’s jurisdiction because he had committed four robberies and one murder. (Welf. & Inst. Code, § 602.) 1 When the minor was brought before the juvenile court on the section 602 petition the court appointed the public defender to represent him. A time was set for a ...
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7 Cal. 3d 603 (1972) 498 P.2d 1055 102 Cal. Rptr. 807 MAY H. SPANGLER, Cross-complainant and Respondent, v. SHERWIN L. MEMEL et al., Cross-defendants and Appellants. Docket No. L.A. 29979. Supreme Court of California. In Bank. July 18, 1972. *605 COUNSEL Richards, Watson & Hemmerling, Richards, Watson & Dreyfuss, James J. Cook and Harry L. Gershon for Cross-defendants and Appellants. Geor...
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Opinion Plaintiff appeals from separate written orders 1 dismissing her second amended complaint after the court sustained demurrers thereto without leave to amend. The second amended complaint (hereinafter for convenience referred to as “complaint”) names as defendants Truck Insurance Exchange (Truck), Farmers Insurance Group (Farmers), William Baker and Lawrence Marino ...
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*642 Opinion We issued an order to show cause in response to the application of Norman Burke Minnis, for a writ of habeas corpus on allegations that the Adult Authority (Authority) abused its, discretion when, after considering a statement filed pursuant to Penal Code section 1203.01 1 in which the district attorney set forth what petitioner claims are “false opinions,...
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Opinion In these consolidated actions instituted in 1966, plaintiffs Southern California Edison Company (Edison) and San Diego Gas and Electric Company (San Diego G & E) seek a partial refund of sales and use taxes paid by the utilities on purchases of various electrical equipment over the period January 1, 1956, to December 31, 1959. Although plaintiffs concede that thb taxes which they ...
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Opinion In a court trial defendant was found guilty of a violation of Penal Code section 211 (armed robbery). The court further found that in the commission of the offense defendant used a firearm within the meaning of Penal Code section 12022.5. His application for probation was denied, and he was sentenced to imprisonment in the state prison for the term prescribed by law for youthful o...
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Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar of California in L.A. 29855 that Arthur S. Black be suspended from the practice of law for three months 1 and its recommendation in L.A. 29935 that he be suspended for three months in addition to any imposed in L.A. 29855. 2 The two proceedings were heard by different...
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Opinion This is an action to foreclose mechanics’ liens filed, by plaintiffs M. Arthur Gensler, Jr. & Associates, Inc., and Lambert & Wells Construction Company, an architectural firm and a general contractor, *698 respectively, in connection with services performed by them in remodeling the third floor of defendant’s building for its lessee, Tourist Information Program Servi...
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7 Cal.3d 710 (1972) 497 P.2d 1121 102 Cal. Rptr. 385 THE PEOPLE, Plaintiff and Respondent, v. SIRHAN BISHARA SIRHAN, Defendant and Appellant. Docket No. Crim. 14026. Supreme Court of California. In Bank. June 16, 1972. *716 COUNSEL George E. Shibley, Luke McKissack, Abdeen Jabara, Grant Cooper, Russell Parsons, Robert E. Mundy, Martha Goldin, Godfrey Isaac and Ernest L. Graves for Defendant and A...
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*765 Opinion Harry Redmon, David Perry, “Rockey” Dixon, and a person identified as “John Doe” Ott were jointly charged by indictment with murder and with conspiracy to commit murder. Redmon, Perry, and Dixon pleaded not guilty to both counts of the indictment and were jointly tried by jury; “John Doe” Ott had not been apprehended by the time of trial. At the close of the prosecution’s case, t...
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Opinion Under the financial responsibility laws (Veh. Code, §§ 16000-16553) 1 the Department of Motor Vehicles (hereinafter the department) will suspend the license of a driver who is involved in an automobile accident which has resulted in bodily injury or property damage in excess of $200 unless he either deposits security with the department sufficient in the opinion of the department to s...
Views: 37
7 Cal.3d 801 (1972) 500 P.2d 1 103 Cal. Rptr. 425 In re RODERICK P., a Person Coming Under the Juvenile Court Law. KENNETH E. KIRKPATRICK, as Chief Probation Officer, etc., Plaintiff and Respondent, v. RODERICK P., Defendant and Appellant. Docket No. Crim. 16155. Supreme Court of California. In Bank. August 16, 1972. *803 COUNSEL Richard S. Buckley, Public Defender, James L. McCormick, John J. Gi...
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Opinion A jury found defendant guilty of first degree murder (Pen. Code, § § 187, 189) and first degree robbery (Pen. Code, § § 211, 211a) and fixed the penalty for the murder -at death (Pen. Code, § 190).1 Defendant’s motion for a new trial was denied. As the death penalty cannot be constitutionally imposed we modify the judgment in accordance with *815People v. Anderson (1972) 6 Cal.3d 628 [100 ...
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7 Cal.3d 832 (1972) 500 P.2d 621 103 Cal. Rptr. 709 SOUTHERN CALIFORNIA EDISON COMPANY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; RICHARD CARLSON et al., Real Parties in Interest. Docket No. L.A. 30000. Supreme Court of California. In Bank. August 30, 1972. *835 COUNSEL Rollin Woodbury, Chase, Rotchford, Drukker & Bogust, David Clark and William C. Falkenhainer for ...
Views: 15
7 Cal.3d 844 (1972) 500 P.2d 610 103 Cal. Rptr. 698 THE PEOPLE, Plaintiff and Respondent, v. WARREN O. SALING, Defendant and Appellant. Docket No. Crim. 15222. Supreme Court of California. In Bank. September 5, 1972. *846 COUNSEL Michael Korn, under appointment by the Supreme Court, for Defendant and Appellant. Evelle J. Younger, Attorney General, William E. James, Assistant Attorney General, and...
Views: 33
Opinion Petitioners seek mandate to compel respondent superior court to annul its judgment and a peremptory writ of mandate issued thereon, or, in the alternative, prohibition to prevent the enforcement of its judg*864ment. The respondent court’s judgment restrained petitioner City of Inglewood-Los Angeles County Civic Center Authority (Authority) from executing or performing a contract awarded t...
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*878Opinion We must adjudicate another case involving ambiguous, provisions in a certificate of insurance issued pursuant to a group insurance policy. On countless occasions we have inveighed against the careless draftsmanship of documents of insurance and have decried the evil social consequences that flow from lack of clarity. (E.g., Paramount Properties Co. v. Transamerica Title Ins. Co. (1970...
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7 Cal.3d 889 (1972) 500 P.2d 880 103 Cal. Rptr. 856 KIM CAPELOUTO, a Minor, etc., et al., Plaintiffs and Appellants, v. KAISER FOUNDATION HOSPITALS et al., Defendants and Respondents. Docket No. L.A. 29972. Supreme Court of California. In Bank. September 11, 1972. *890 COUNSEL Shulman & Shulman and Adley M. Shulman for Plaintiffs and Appellants. Robert E. Cartwright, Edward I. Pollock, Theodo...
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7 Cal.3d 899 (1972) 500 P.2d 1097 103 Cal. Rptr. 897 THE PEOPLE, Plaintiff and Appellant, v. LLOYD GEORGE McKINNON et al., Defendants and Respondents. Docket No. Crim. 15379. Supreme Court of California. In Bank. September 13, 1972. *902 COUNSEL Edwin L. Miller, Jr., and James Don Keller, District Attorneys, Richard H. Bein and Terry J. Knoepp, Deputy District Attorneys, for Plaintiff and Appella...
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7 Cal.3d 926 (1972) 500 P.2d 887 103 Cal. Rptr. 863 VIRGINIA VILLA et al., Petitioners, v. JAMES M. HALL, as Secretary, etc., et al., Respondents. Docket No. Sac. 7907. Supreme Court of California. In Bank. September 14, 1972. *927 COUNSEL Ralph Santiago Abascal, Jay-Allen Eisen, Valerie Vanaman, Daniel S. Brunner and Steven J. Cole for Petitioners. Evelle J. Younger, Attorney General, Elizabeth ...
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7 Cal.3d 930 (1972) 500 P.2d 873 103 Cal. Rptr. 849 In re ROBERT CHARLES JORDAN, JR., on Habeas Corpus. In re EUGENE GRADY on Habeas Corpus. Docket Nos. Crim. 15734, 15755. Supreme Court of California. In Bank. September 15, 1972. *932 COUNSEL Alice Daniel, William Bennett Turner and Oscar Williams for Petitioner in No. 15734. Paul N. Halvonik, Charles C. Marson, Hillel Chodos, A.L. Wirin, Fred O...
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*946 Opinion When persons owning a majority of assessed valuation of land within the proposed City of Rancho Palos Verdes filed a written protest, the Los Angeles County Board of Supervisors, pursuant to Government Code section 34311, refused to call an incorporation election. The crux of petitioners’ plea to us is that section 34311 violates the Constitution; upon this basis the...
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7 Cal.3d 967 (1972) 500 P.2d 1386 104 Cal. Rptr. 42 RUTH MARIE BUSICK, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, ALBRIGHT EXPRESS COMPANY et al., Respondents. ALLSTATE INSURANCE COMPANY, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD and EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, Respondents. (Consolidated Cases.) Docket Nos. L.A. 29862, 29863. Supreme Court of Cal...
Views: 11
7 Cal. 3d 988 (1972) 500 P.2d 1119 103 Cal. Rptr. 919 BERNARD ORPUSTAN, Plaintiff and Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant and Respondent. Docket No. S.F. 22930. Supreme Court of California. In Bank. September 20, 1972. *990 COUNSEL Ollie Marie-Victoire for Plaintiff and Appellant. Bledsoe, Smith, Cathcart, Johnson & Rogers, Robert A. Seligson and Lawrence E...
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8 Cal.3d 39 (1972) 500 P.2d 1345 104 Cal. Rptr. 1 FRANK J. KLOPPING, JR., et al., Plaintiffs and Appellants, v. CITY OF WHITTIER, Defendant and Respondent. CLIFFORD E. SARFF et al., Plaintiffs and Appellants, v. CITY OF WHITTIER, Defendant and Respondent. Docket Nos. L.A. 29994, 29995. Supreme Court of California. In Bank. September 22, 1972. *41 COUNSEL Thomas G. Baggot, Herbert Gall, John U. Ga...
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Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar of California that petitioner be suspended from the practice of law for a period of one month. Facts: Petitioner, who was admitted to practice in 1964 and is now 33 years old, has lived in Fresno all his life. His grandmother died in 1955, leaving a considerable estate. Substantial family problems e...
Views: 3
8 Cal. 3d 67 (1972) 500 P.2d 1401 104 Cal. Rptr. 57 JOYCE A. RAKESTRAW, Cross-complainant and Respondent, v. SHERWOOD T. RODRIGUES, Cross-defendant and Appellant. Docket No. S.F. 22883. Supreme Court of California. In Bank. September 27, 1972. *70 COUNSEL Bronson, Bronson & McKinnon, Charles F. Wilkinson and Paul J. Sanner for Cross-defendant and Appellant. Nathan Cohn and H. Lee Evans for Cr...
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Opinion This case illustrates some of the procedural barriers confronting criminal defendants when a search warrant is issued primarily on information supplied by an unidentified informant. On February 4, 1971, the Municipal Court for the South Judicial District of Orange County issued a warrant authorizing a search of a house at 1267 Fairywood Lane, Laguna Beach. The warrant was issued o...
Views: 36
Opinion A jury found Richard Welch guilty of first degree murder of Randall Jenkins and of assault with a deadly weapon with intent to commit murder upon Diane Bradford and fixed the penalty at death for the murder. No sentence was imposed for the assault. A motion for a new trial was denied, and defendant’s automatic appeal is now before us. (Pen. Code, § 1239, subd. (b).) Defendant contends...
Views: 19
Opinion In this products liability case, the principal question which we face is whether the injured plaintiff seeking recovery upon the theory of strict liability in tort must establish, among other facts, not only that- the product contained a defect which proximately caused his injuries but also that such defective condition made the product unreasonably dangerous to the user or consum...
Views: 59
Opinion In this products liability case, as in Cronin v. J.B.E, Olson Corp., ante, page 121 [104 Cal.Rptr. 433, 501 P.2d 1153], we examine the factual elements which an injured plaintiff has the burden of proving in order to obtain a recovery upon a theory of strict liability in tort. Here the precise question confronting us is whether the plaintiff must establish, ...
Views: 36
Opinion Petitioner seeks review of a decision of the Workmen’s Compensation Appeals Board vacating a referee’s compensation award on the grounds that by reason of the so-called “going and coming rule” the injury to petitioner did not arise “out of and in the course of employment.” We believe that instead of the rigid and automatic “going and coming *152 rule” posited by the b...
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Opinion The People appeal from an order of the Superior Court of Marin County dismissing charges against defendant on the ground that he was denied the right to a speedy trial. Defendant is charged with violating section 12220 of the Penal Code (possession of a machine gun) and section 4390 of the Business and Professions Code (forgery of prescription for drugs). Facts: After a preliminary he...
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Opinion The parties to this appeal are all judgment creditors of H. C. Muddox Company. Muddox recovered a judgment for $24,000 against certain parties not involved in this appeal on July 16, 1968. Prior thereto, on October 20, 1965, Mission Clay Products, respondent herein, obtained an order granting it a lien on the Muddox cause of action and any subsequent judgment pursuant to section 688.1 o...
Views: 1
8 Cal.3d 174 (1972) 501 P.2d 918 104 Cal. Rptr. 350 THE PEOPLE, Plaintiff and Respondent, v. EARL TAYLOR, Defendant and Appellant. Docket No. Crim. 15600. Supreme Court of California. In Bank. October 20, 1972. *176 COUNSEL William P. Quigley, under appointment by the Supreme Court, and William J. Adams, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger and ...
Views: 14
Opinion Defendant Raymond Ross Laursen appeals from a judgment entered on jury verdicts convicting him of armed robbery (Pen. Code, § § 211,211 a) and kidnaping for the purpose of robbery (Pen. Code, § 209 ). 1 The penalty for kidnaping was fixed at life imprisonment with *196 possibility of parole. 2 The principal issue presented is whether a kidnaping committed while in the act of escap...
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Opinion Plaintiff Board appeals from a judgment of the Los Angeles Superior Court ordering reinstatement of defendant Deena. Metzger, a permanent, certificated employee of the Los Angeles Junior College Dis *208 trict. Board, had sought to suspend, and dismiss defendant on charges of “immoral conduct” and “evident unfitness for service” (Ed. Code, § 13403, subds. (a), (e)), but the trial cour...
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Opinion Paul Bielec, individually and as executor of the will of his deceased brother Stephen, appeals from an order overruling objections to the inheritance tax appraiser’s report 1 , and fixing the inheritance tax for Stephen’s estate. Ten years before Stephen died, he, Paul and a corporation wholly owned by them entered into an agreement which provided that the corporat...
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Opinion This case affords us the first opportunity to construe provisions of the California Environmental Quality Act of 1970 (EQA). (Pub. Resources Code, §§ 21000-21151.)1 As the express legislative intent forthrightly declares, the EQA was designed to be a milestone in the campaign for “maintenance of a quality environment for the people of this state now and in the future . . . .” (§ 21000, su...
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Opinion A jury found Charles H. Carr, Jr., guilty of first degree murder and fixed the penalty at death. A motion for a new trial was denied, and this appeal is now before us automatically under subdivision (b) of Penal Code section 1239. The decedent, Clay Von Hastings, was a 75-year-old widower who lived by himself in Oroville, California. Several people testified that they had last seen ...
Views: 29
8 Cal.3d 301 (1972) 502 P.2d 1305 104 Cal. Rptr. 833 JERALD DOUGLAS NORTH, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. L.A. 29973. Supreme Court of California. In Bank. November 16, 1972. *303 COUNSEL Patrick H. Maloy, Public Defender, and B.J. Bjork, Deputy Public Defender, for Petitioner. No appearance for Respondent. Byron C...
Views: 45
8 Cal.3d 320 (1972) 503 P.2d 257 105 Cal. Rptr. 1 THE PEOPLE, Plaintiff and Appellant, v. ROBERT W. BARKSDALE, Defendant and Respondent. Docket No. Crim. 15866. Supreme Court of California. In Bank. November 22, 1972. *324 COUNSEL Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, William E. James, Assistant Attorney General, Edward P. O'Brien, Charles R.B...
Views: 48
Opinion Defendant, a licensed physician, was charged by information with three counts of violating Penal Code section 274 (abortion). The case was submitted on the record of the preliminary examination and certain stipulations on the first count only. Defendant appeals from the judgment (order granting probation) following conviction by the court sitting without a jury. For the reasons stated in P...
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Opinion On October 1, 1969, defendant Sean J. Murphy was charged jointly with Warren O. Saling by indictment with conspiracy to commit first degree murder (Pen. Code, § 182) and the first degree murder of defendant’s wife, Catherine Murphy (Pen. Code, §§ 187, 189). Defendant pleaded not guilty. His motion for severance was granted and after trial a jury found him guilty as charged and fixed the pe...
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I dissent. The majority concede that “[Tjhe purpose of section 23301 of the Revenue and Taxation Code is to put pressure on the delinquent corporation to pay its taxes . . . .” (Ante, p. 371.) Yet that purpose is frustrated by permitting a delinquent corporation, merely through tardy payment of taxes, to validate all of the actions taken during its period of suspension. Under that concept the stic...
Views: 0
Opinion Robert Sterling Cannady and Bufford Lee Beard, life prisoners, were indicted for an assault with malice aforethought and with a deadly weapon upon another inmate, Leonard Shiekscon Thompson (Pen. Code, § 4500). A jury found defendants guilty as charged and fixed Cannady’s penalty at death and Beard’s at life imprisonment. Cannady’s automatic appeal is now before us (Pen. Code, § 1239, subd...
Views: 1
Opinion The Unemployment Insurance Appeals Board (hereinafter referred to as “the board”) appeals from a judgment in favor of plaintiff (hereinafter referred to as “claimant”) after a limited trial de novo following claimant’s appeal from an administrative order. For the period June 1, 1969, through November 1, 1969, claimant received unemployment insurance benefits totaling $1,011 from the Depar...
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Opinion This is a proceeding under Business and Professions Code section 6083, subdivision (b) and rule 59(b) of the California Rules of Court to review a decision of the State Bar Disciplinary Board. Local Administrative Committee Number 6 for Los Angeles County found that petitioner, Franklin Alfred Hulland, in violation of his oath and duties as an attorney, 1 wilfully neglected to rende...
Views: 19
Opinion Defendant appeals from an order revoking probation granted after the imposition of sentence upon his plea of guilty to a charge of possession of heroin. 1 (Health &Saf. Code, § 11500.) He contends that the denial of an opportunity to rebut allegations contained in the reports of the probation officer, upon which the court relied in ordering revocation, rendered the ord...
Views: 36
Opinion Robert Nelson appeals from a judgment upon his guilty plea to a charge of carrying a concealed weapon. (Pen. Code, § 12020.) 1 Following his plea, a probation report was prepared and at sentencing criminal proceedings were suspended and defendant was placed on probation for a period of three years. Within a month,he was held to answer new charges of robbery and assault ...
Views: 17
Opinion We issued an order to show cause in response to an application by Robin Lin Prewitt for a writ of habeas corpus wherein he complains that an Adult Authority (Authority) order improperly re *472 scinded a prior grant of parole, fixed his term, at maximum and provided that the Authority would not consider future applications for fixing his term at less than maximum or f...
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Opinion Petitioner seeks a writ of prohibition restraining respondent court from proceeding in a wrongful death action filed by real parties in interest against petitioner. Facts: Real parties in interest allege in their complaint that they are the heirs of Kenneth Jack Federer, who was shot and killed by prisoners in *481the process of a burglary of the Federer home following their escape from a ...
Views: 1
Opinion Marty Buchwald, Jorma Kaukonen, John Casady, Paul Kantner and Signe Anderson, collectively comprising a professional music group known as “The Jefferson Airplane,” individually entered into identical “personal management” contracts with Matthew Katz. The contracts pro *496 vided that Katz would receive a percentage of each performer’s earnings in return for acting as ...
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Opinion Defendant was charged with robbery (Pen. Code, § 211); the information alleged that he was “armed with a deadly weapon, to-wit, a gun” during the offense. The jury returned a verdict of guilty on the robbery charge and found that defendant was armed with a gun at the time the robbery occurred. The judgment recites that defendant was convicted of robbery in the first degree and states th...
Views: 26
Opinion A court, sitting without a jury, found Michael Thomas guilty of violating Vehicle Code section 10851 (taking vehicle without owner’s consent with intent permanently or temporarily to deprive owner of its possession) and sentenced him to prison. 1 He appeals, contending that the trial judge was disqualified, that the evidence is insufficient to support the conviction, and that the fail...
Views: 3
Opinion Plaintiffs appeal from an order quashing service of summons and complaint on the defendants, University of Nevada, a corporation, and the State of Nevada. Plaintiffs filed suit in the San Francisco Superior Court to recover damages for personal injuries alleging that the injuries resulted from a collision in California between their automobile and a car owned by the University and Sta...
Views: 22
Opinion Petitioner McDonough Power Equipment Co. seeks a writ of mandate to compel respondent superior court to dismiss a pending action for lack of prosecution pursuant to Code of Civil Procedure1 section 583, subdivision (b), because it was not brought to trial within three years after the filing of the remittitur on a previous appeal. We have concluded that the writ should issue. Following is ...
Views: 0
Opinion In this proceeding, petitioner Crown Coach Corporation seeks a writ of prohibition to restrain respondent superior court from taking *543further proceedings in, or a writ of mandate to compel said court to dismiss, the civil action hereafter described because after a reversal of a judgment entered therein it was not brought to trial within three years after the filing of the remittitur in...
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Opinion In this action for damages for personal injuries defendant McDonnell-Douglas Corporation 1 appeals from a judgment entered upon a jury verdict in favor of plaintiff and from an order denying defendant’s motion for a judgment notwithstanding the verdict. Plaintiff Robert Coffee, after retiring from the United States Air Force in January 1966, applied for a position ...
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*566 Opinion In this case we consider the question whether an award of severance damages in an eminent domain proceeding should include the amount of a special assessment lien placed upon the condemnee’s property to assist in financing the construction of a public improvement. We have concluded that the trial court properly refused to consider evidence, of the assessment lien for...
Views: 7
6 Cal.3d 673 (1972) 493 P.2d 868 100 Cal. Rptr. 140 In re the Marriage of NORMA and PAUL ATTLEY McKIM. NORMA McKIM, Appellant, v. PAUL ATTLEY McKIM, Respondent. Docket No. L.A. 29907. Supreme Court of California. In Bank. February 23, 1972. *676 COUNSEL Saul & Wiener and Edwin S. Saul for Appellant. No appearance for Respondent. John D. Maharg, County Counsel, and Douglas C. Miller, Deputy Co...
Views: 16
Opinion This medical malpractice case involves two issues: first, whether there was sufficient evidence of negligence in the performing of surgery to sustain a jury verdict for plaintiff; second, whether, under plaintiff’s alternative theory, the instructions to the jury adequately set forth the nature of a medical doctor’s duty to obtain the informed consent of a patient before undertaki...
Views: 68

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