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All Reporters → cal-lexis → Volume 1973

Opinions in cal-lexis Volume 1973

10 Cal.3d 1 (1973) 513 P.2d 908 109 Cal. Rptr. 684 STEPHEN MICHAEL GUIDI et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. L.A. 30041. Supreme Court of California. In Bank. September 5, 1973. *4 COUNSEL Richard G. Sherman and Alan Fenster for Petitioners. No appearance for Respondent. Joseph P. Busch, District Attorney, Ha...
Views: 29
Opinion We issued an order to show cause in response to an application by Herbert William Law, a parolee, for a writ of habeas corpus based upon the contention that he is entitled to release on bail from a “parole hold.” The hold was requested by the Adult Authority (Authority) following petitioner’s arrest on allegations that he had committed a criminal offense while on parole. Although petiti...
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10 Cal.3d 29 (1973) 513 P.2d 889 109 Cal. Rptr. 665 ELIZABETH K. PETTIT, Plaintiff and Appellant, v. STATE BOARD OF EDUCATION, Defendant and Respondent. Docket No. L.A. 30094. Supreme Court of California. In Bank. September 7, 1973. *30 COUNSEL Stanley Fleishman and David M. Brown for Plaintiff and Appellant. Peter T. Galiano, Richard Anthony, A.L. Wirin, Fred Okrand, Laurence R. Sperber and John...
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Opinion The accident which generated this litigation occurred when Richard Metz sustained severe injuries in a collision of his motorcycle with an automobile driven by Comer Hamlin. Hamlin had leased the automobile from National Auto Leasing Corporation (hereafter National). Universal Underwriters Insurance Company (hereafter Universal) insured all cars owned by National. Although Univers...
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Opinion Defendant Board of Education of the San Diego Unified School District (hereinafter “board”) and its secretary, Jack Hornback, appeal from a judgment granting a peremptory writ of mandate. The writ directs the board to set aside its administrative decision transferring Halvor Gerald Adcock (hereinafter “Adcock”) from Clairemont High School to another school, and further ordering the board t...
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*75Opinion In these separate proceedings in habeas corpus each petitioner seeks a determination that he took an appeal by the timely constructive filing of a notice of appeal from the judgment of conviction under which he is held. We issued an order to show cause in each case directed to the Director of the Department of Corrections (Director) and appointed Peter G. Fetros, to represent each peti...
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Opinion The instant case presents a somewhat novel question of insurance coverage: when two negligent acts of an insured—one auto-related and the other non-auto-related—constitute concurrent causes of an accident, is the insured covered under both his homeowner’s policy and his automobile liability policy, or is coverage limited to the automobile policy? State Farm Insurance Company (State Farm),...
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Opinion Plaintiff is a California corporation which owns several parcels of land, some located within the County of Ventura (hereafter referred to as the county) and some within the City of San Buenaventura (hereafter the city). In 1968 the city and county adopted the Ventura Avenue Area General Plan pursuant to section 65300 et seq. of the Government Code. 1 As required by sec...
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Opinion This is an appeal by a former city employee from a judgment denying his petition for writ of mandate to compel respondent City of Torrance to vacate its order terminating his employment and to reinstate him with full back pay. Appellant contends that the requirement of respondent’s charter that its officers and employees reside within its borders contravenes a state statute forbid...
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Opinion We consider here the constitutionality and proper construction of Penal Code section 626.4. 1 Section 626.4 authorizes the chief *143 administrative officer of a state college or university, or a person designated by him, to issue an order summarily barring any person from a campus upon “reasonable cause to believe that such person has wilfully disrupted the orderly operation of suc...
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Opinion Daniel Mark Siegel seeks review of the action of the Committee of Bar Examiners of the State Bar in refusing to certify him to this court for admission and á license to practice law in California. (Bus. & Prof. Code, § 6066; Cal. Rules of Court, rule 59.) Petitioner graduated from the School of Law of the University of California at Berkeley in 1970. He took and passed the ba...
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10 Cal.3d 193 (1973) 514 P.2d 953 110 Cal. Rptr. 1 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff and Appellant, v. JOYCE JACOBER et al., Defendants and Respondents. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff and Appellant, v. GAIL STAPLER, as Administratrix, etc., et al., Defendants and Respondents. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff and Appellant...
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*218 Opinion Plaintiffs appeal from judgment of dismissal in an action for declaratory relief against a malpractice insurance carrier after a demurrer was sustained without leave to amend their third amended complaint. The allegations of the third amended complaint include: On 2 February 1965, Mrs. Hale suffered personal injuries and in March employed plaintiff attorney...
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Opinion Petitioner James Moyer seeks review of a decision of respondent Workmen’s Compensation Appeals Board (Board) following reconsideration. The Board reversed the referee’s decision that petitioner’s permanent disability rating be determined as of the date of injury and concluded instead that since petitioner had participated in a rehabilitation program initiated by the employer under...
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10 Cal.3d 237 (1973) 514 P.2d 1201 110 Cal. Rptr. 121 In re LAWRENCE BUCKLEY on Habeas Corpus. Docket No. Crim. 16621. Supreme Court of California. In Bank. October 19, 1973. *240 COUNSEL Keith C. Monroe for Petitioner. Adrian Kuyper, County Counsel, Charles B. Sevier, Deputy County Counsel, Cecil Hicks, District Attorney, Michael R. Capizzi, Assistant District Attorney, Oretta D. Sears and Alice...
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Opinion Lawrence Akin Jackson was convicted of first degree murder and sentenced to death. The judgment was affirmed. (People v. Jackson (1963) 59 Cal.2d 375 [29 Cal.Rptr. 505, 379 P.2d 937].) Thereafter, under the compulsion of People v. Morse (1964) 60 Cal.2d 631 [36 Cal.Rptr. 201, 388 P.2d 33, 12 A.L.R.3d 810], the judgment was reversed insofar as it imposed the death penalty and was...
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Opinion Petitioner was appointed a judge of the Municipal Court for the Los Angeles Judicial District of Los Angeles County on December 30, 1966. On March 26, 1971, the Commission on Judicial Qualifications 1 (hereafter the Commission) resolved on its own motion pursuant to rule 904 of the California Rules of Court 2 to conduct a preliminary in *274 vest...
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Opinion It has long been recognized that under the federal Constitution a defendant’s plea of guilty to a criminal charge is only valid if it is voluntarily and knowingly made. (See, e.g., Waley v. Johnston (1942) 316 U.S. 101, 104 [86 L.Ed. 1302, 1304, 62 S.Ct. 964].) In June 1969, the United States Supreme Court elaborated on this principle in Boykin v. ...
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Opinion In July 1972 petitioner, James Birch, appeared before the Los Angeles Municipal Court without counsel and entered a plea of guilty to the misdemeanor charge of violating Penal Code section 647, subdivision (a), which proscribes engaging in “. . . lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.” 1 Birch now seeks a writ of hab...
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Opinion Defendants appeal from a judgment and an order denying a motion to set aside that judgment. The validity of the judgment is challenged on the ground that the commissioner of the superior court who signed it did not have authority to do so and in any event erred in rendering it. Plaintiffs sued on a promissory note received as partial consideration upon the purchase by defendants of a nigh...
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Opinion Petitioner, a member of the State Bar since his admission in 1955, was convicted in 1971 of a felony, violation of Penal Code sections 484-487, subdivision 1 (grand theft of $6,532.75 trust funds) by the Contra Costa County Superior Court. He was sentenced to state prison, *376 sentence was suspended and he was placed on probation for five years. Conviction was affirm...
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Opinion H. Edward Scofield, admitted to practice in 1957, was convicted of one count of attempted violation of Insurance Code section 556, subdivision (a). He was sentenced to and has served 90 days in jail. Since the offense involved moral turpitude we referred the matter to the State Bar for a hearing, report and recommendation on the question of discipline. The local committee and the disciplin...
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Opinion The City of Los Angeles (City) appeals from a judgment in favor of respondent real property owner on her claim against the City in inverse condemnation. 1 The superior court found that construction by the City at a location upstream from the owner’s property in the Big Tujunga Wash caused a diversion of waters that destroyed a private bridge over which she held an easem...
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Opinion The People appeal from an order dismissing the count of an information charging defendant with extortion by posing as a kidnaper. (Pen. Code, § 210.) We reverse. Evidence at the preliminary hearing revealed defendant telephoned the father of a 13-year-old girl to say defendant and others had kidnaped his daughter. The father was told he must leave for his bank within 20 seconds to obt...
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Opinion In these mandate proceedings we are called upon to resolve the impasse created by the continuing failure of the Legislature to pass legislative and congressional reapportionment bills acceptable to the Governor. 1 *400 Our first opinion herein was filed on January 18, 1972, when we adopted temporary apportionment plans for the 1972 elections. We concluded that the congressional di...
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Opinion In this case we review applicable constitutional and statutory provisions to determine under what circumstances a judge, formally charged with a criminal offense, may apply for and receive disability retirement benefits. We conclude that the filing of criminal charges against a judge does not suspend his right to receive a disability retirement, if the requisite disability is shown. We ...
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10 Cal.3d 460 (1973) 516 P.2d 298 110 Cal. Rptr. 906 THE PEOPLE, Plaintiff and Respondent, v. RICHARD DAVID GORDON, Defendant and Appellant. Docket No. Crim. 16724. Supreme Court of California. In Bank. December 3, 1973. *463 COUNSEL Norman W. de Carteret, under appointment by the Supreme Court, for Defendant and Appellant. Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant...
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*479 Opinion Appellant (hereinafter sometimes referred to as “the husband”) appeals from an interlocutory judgment of dissolution of marriage, which judgment included an order (1) restraining him from entering the premises of respondent (hereinafter sometimes referred to as “the wife”), molesting her, or initiating any communication with her and (2) denying him any payment for te...
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Opinion — Alexander H. Schullman petitions for review after the State Bar Disciplinary Board found him guilty of professional misconduct 1 and recommended that he be suspended from the practice of law for two years. This proceeding concerns three separate instances of misconduct. Petitioner is charged with failing to perform legal services after accepting a *529 ...
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Opinion In 1963 defendant, Frank Culver, was convicted of attempted murder.1 Defendant filed a timely notice of appeal, but thereafter failed to file an opening brief and the appeal was subsequently dismissed. On February 26, 1971, the dismissal was set aside,2 the remittitur recalled and the appeal reinstated. This case is thus before us on direct appeal from defendant’s 1963 conviction. The defe...
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Opinion An information was filed charging John Schueren in a single count with “assault with a deadly weapon with intent to commit murder, a violation of Section 217, Penal Code, a felony, committed as follows; . . . Schueren . . . did . . . commit an assault with a deadly weapon upon Thomas Rutkowski . . . with the intent . . . to . . . murder . . . *556Rutkowski.” A jury found defendant guilty ...
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10 Cal.3d 565 (1973) 516 P.2d 875 111 Cal. Rptr. 171 THE PEOPLE, Plaintiff and Respondent, v. VALERIE DAWN KELLY, Defendant and Appellant. Docket No. Crim. 16877. Supreme Court of California. In Bank. December 26, 1973. *567 COUNSEL James A. Hutchens, under appointment by the Supreme Court, for Defendant and Appellant. Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Atto...
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Opinion Defendants appeal from a judgment for plaintiff Norman Tyrone in this action to recover a fee for finding a lender which committed itself to loan defendants up to $7,000,000 for a construction project. In 1963, defendant Hare, Brewer & Kelley, Inc., a corporation, initiated plans to develop a shopping center and office building in Palo Alto, with construction to be undertaken...
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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 that petitioner, Harvey B. Himmel, be placed on probation for three years on the condition, among others, that he be suspended from the practice of law for nine months. Himmel was admitted to pr...
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9 Cal.3d 24 (1973) 506 P.2d 998 106 Cal. Rptr. 622 THE PEOPLE, Plaintiff and Respondent, v. ORBRY LEE WILLIAMS, Defendant and Appellant. Docket No. Crim. 13818. Supreme Court of California. In Bank. March 12, 1973. *26 COUNSEL Molly H. Minudri, under appointment by the Supreme Court, for Defendant and Appellant. Thomas C. Lynch and Evelle J. Younger, Attorneys General, William E. James, Assistant...
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Opinion Plaintiffs appeal from a judgment in favor of defendants in a forcible entry and detainer action. Facts: In 1965, plaintiffs leased a building from defendants for a three-year period. The lease agreement provided that “[ljessee shall not assign this lease or any interest therein, and shall not subject the demised premises or any portion thereof, or any right or privilege appurtenant...
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Opinion In this action for damages for wrongful death, plaintiffs appeal from an order granting defendants Parke, Davis & Company (Parke, Davis) and A. J. Beland, M.D. (Dr. Beland), a new trial on the issue of damages. Defendant Parke, Davis appeals from the judgment entered on the verdict in favor of plaintiffs and against Parke, Davis, and from the order denying said defendants’ motion ...
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Opinion Dulcie May Smith and Deidre Armyne Lee Smith, appeal from an order determining interests in the estate of Dale Smith, deceased, against their claims as surviving spouse and pretermitted heir and in favor of the beneficiaries named in his will. Dale Smith was a merchant seamen who travelled around the world 10 or 11 months each year. In his travels, he managed to get married at least t...
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Opinion Petitioner seeks a writ of mandate to compel the respondent court to dismiss a felony information pending against him or, in the alternative, a writ of prohibition staying the criminal proceedings. Petitioner contends that he was denied his constitutional right to a speedy trial when, after a period of 228 days following an order in collateral proceedings directing the superior court to...
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I dissent. In Zeilenga v. Nelson, 4 Cal.3d 716 [94 Cal.Rptr. 602, 484 P.2d 578], and Camara v. Mellon, 4 Cal.3d 714 [94 Cal.Rptr. 601, 484 P.2d 577], this court struck down candidate residence requirement provisions of five years and three years duration respectively. Although I concurred in Zeilenga, I dissented in Camara (joined by Chief Justice Wright and Justice McComb) on the basis that altho...
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Opinion Defendant was charged by information with two counts of murder. His request to represent himself in propria persona was denied, and he pleaded not guilty to both counts. His motion to suppress certain evidence was denied, as was his motion for propria persona privilege to use the law library in the jail. After trial by a jury, defendant was found guilty of two counts of murder in the first...
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Opinion The People appeal (Pen. Code, § 1238, subd. (7)) from an order of the Superior Court of Los Angeles County dismissing an information (Pen. Code, § 1385) following the granting of defendant’s *159 motion for suppression of evidence under section 1538.5 of the Penal Code. The information charged defendant Michael Joseph Lawler with possession of marijuana for sale (Heal...
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*167 Opinion In these cases we retained jurisdiction to draft new legislative and congressional reapportionment plans for the elections of 1974 through 1980 in the event that the Legislature did not enact valid reapportionment statutes in 1972. (Legislature v. Reinecke (1972) 6 Cal.3d 595, 604 [99 Cal.Rptr. 481, 492 P.2d 385] as modified (1972) 7 Cal.3d 92, 93 [101 Cal.Rptr. 552, 496 P.2d...
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9 Cal.3d 169 (1973) 507 P.2d 964 107 Cal. Rptr. 76 SOUTHERN CALIFORNIA EDISON COMPANY, Plaintiff and Respondent, v. RICHARD D. BOURGERIE et al., Defendants and Appellants. Docket No. L.A. 30095. Supreme Court of California. In Bank. March 28, 1973. *170 COUNSEL Jack Otero, Roger M. Sullivan and Gideon Kanner for Defendants and Appellants. Rollin E. Woodbury, Robert J. Cahall, Harry W. Sturges, Jr...
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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 year. Facts: Between the years 1961 and 1964, petitioner represented Allan W. Parker as an attorney. They also became social friends and saw each other on occasions other than those involving legal matters....
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Opinion Michael Milan was found guilty by a jury of first degree murder of Keith Burney, kidnaping Burney for the purpose of robbery with *189bodily harm, first degree robbery of Burney, attempted, murder of Horace Robert, and first degree robbery of Raymond Lester. The jury fixed the penalty at death for the murder and at fife imprisonment without possibility of parole for the kidnaping, and the ...
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Opinion This is a proceeding for writ of mandate brought by three ex-felons to compel respondent election officials to register them as voters. The case calls into question once again the constitutionality of provisions of California law excluding from the franchise all persons who have been *202 convicted of an “infamous crime.” We addressed ourselves to this problem seven y...
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Opinion In an information filed by the District Attorney of Los Angeles County, defendant was charged with five counts of murder, one of assault with intent to commit murder, and two counts of robbery. Defendant was also charged with one prior felony conviction (Pen. Code, § 211), which he first denied but later admitted. The jury found defendant guilty as charged and found all the murder counts, ...
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Opinion The Los Angeles Free Press (Free Press), its editor and owner, Arthur Glick Kunkin, and its reporter, Gerald Robert Applebaum, were each indicted on two counts of receiving stolen property (Pen. Code, § 496) 1 for allegedly taking possession of two documents which had been removed from the Los Angeles office of the Attorney General by Jerry M. Reznick. 2 At trial, after the close of...
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9 Cal.3d 257 (1973) 507 P.2d 1383 107 Cal. Rptr. 175 ELAINE REECE WINT et al., Plaintiffs and Appellants, v. FIDELITY AND CASUALTY COMPANY OF NEW YORK et al., Defendants and Respondents. Docket No. L.A. 30049. Supreme Court of California. In Bank. April 3, 1973. *259 COUNSEL Casey, McClenahan & Fraley, George R. McClenahan, Hollister, Brace & Angle, Robert O. Angle and Leonard Sacks for P...
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Opinion This is an appeal from a declaratory judgment that an insurance policy issued by plaintiff covered defendant Billy Milton Johnston for an accident on March 9, 1968, when he was driving a 1964 Chevrolet Impala. The trial court found coverage under the “temporary substitute automobile” provision of the policy. The record sustains the propriety of that ruling, and other points raised by the ...
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*286 Opinion This is a civil action by the Attorney General against various sellers of encyclopedias and similar publications by door-to-door solicitation, charging false and misleading advertising (Bus. & Prof. Code, § 17500) and unfair competition (Civ. Code, § 3369). The complaint prays, inter alia, that defendants be ordered to offer each customer who has been solicited by a ...
Views: 33
I concur in the majority opinion, except that, for the reasons expressed in my dissenting opinion in People v. Anderson, 6 Cal.3d 628, 657 [100 Cal.Rptr. 152, 493 P.2d 880], I dissent from the modification of the judgment. (See Cal. Const., art. I, § 27.)...
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Opinion This is a companion case to People v. Sommerhalder, ante, p. 290 [107 Cal.Rptr. 289, 508 P.2d 289]. The defendants were jointly charged with two counts of murder (Pen. Code, § 187), but were separately tried and convicted of murder in the first degree (Pen. Code, § 189). Each received the death penalty. This is the automatic appeal of Kenneth Preston. Substantially the same evidence was pr...
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Opinion In this case we are faced with the problem of determining the scope of allowable discovery under the psychotherapist-patient privilege established by Evidence Code section 1014. Janet Roberts, petitioner, was injured on March 24, 1971, in a collision with an automobile owned and operated by defendants Alice and Henry Weist. She subsequently filed an action for personal injuri...
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Opinion We issued an order to show cause in response to an application for a writ of habeas corpus on allegations that the respondent court committed error in denying petitioner bail in violation of Penal Code section 1271 and article I, section 6, of the Constitútion. We conclude that the respondent court did indeed err in disallowing petitioner an opportunity-to post a reasonable bail. At appro...
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Opinion In this case we must determine whether the defense of entrapment is applicable to a disciplinary proceeding of the Board of Medical Examiners of the State of California (hereinafter “Board”). After unsuccessfully asserting such an entrapment defense in an administrative hearing before the Board, plaintiff, Dr. Frank Patty, sought review of the administrative decision by writ of ma...
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Opinion We here consider the rights of the true owner of a negotiable instrument which has been collected and paid on a forged indorsement. The question has not previously arisen in this state under the Uniform Commercial Code, and has seldom been addressed in other jurisdictions. 1 *375 The record recounts a typical tale of forgery. Plaintiff Joseph Stell, an attorn...
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*389 Opinion Defendant petitions under Penal Code section 1538.5 for an order compelling the superior court to quash a search warrant, to suppress evidence seized pursuant to that warrant, and to dismiss the charges against her. For the reasons discussed below, we conclude that a writ of mandate should issue compelling the quashing of the warrant and suppression of the evidence. The facts m...
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9 Cal.3d 405 (1973) 509 P.2d 497 107 Cal. Rptr. 681 JUNE CROWNOVER et al., Plaintiffs and Respondents, v. JAMES A. MUSICK, as Sheriff, etc., Defendant and Appellant. CLARENCE REYNOLDS et al., Plaintiffs and Appellants, v. CITY OF SACRAMENTO, Defendant and Respondent. LEONARD F. GLANCY et al., Plaintiffs and Appellants, v. COUNTY OF SACRAMENTO, Defendant and Respondent. LEONARD L. GLANCY et al., P...
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Opinion This is a proceeding to review a recommendation of the Disciplinary Board that petitioner be suspended from the practice of law for three months. 1 Petitioner who was admitted to practice in 1953, was charged in a notice to show cause with converting $1,253.30, which he held in trust and had a duty to apply in payment of medical expenses of his clients, Mr. and Mrs. Scott Gayhardt. ...
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*455 Opinion The Supreme Court of the United States on February 26, 1973, issued its judgment and mandate that the judgment of this court be vacated and the cause be remanded to us for such further proceedings as may be appropriate. The opinion of the United States Supreme Court, reported at 410 U.S. 425 [35 L.Ed.2d 398, 93 S.Ct. 1019], states in part that “[w]e are unable to determine . . ...
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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 in this state for a period of three years on conditions of probation, including actual suspension for the first year. Petitioner was admitted to practice law in California in 1949, and he has no prior record of discipline. The r...
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Opinion In 1968 John Henry Crumpton was charged with kidnaping for the purpose of robbery, the victim being subjected to bodily harm (Pen. Code, § 209), and robbery (Pen. Code, §211). While represented by counsel, Crumpton negotiated a plea with the prosecutor as a result of which he was permitted to plead guilty to kidnaping for the purpose of robbery, in return for which the allegation of bod...
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Opinion Defendant appeals from a conviction of robbery (Pen. Code, § 211) following trial by jury. He asserts that prejudicial error occurred at trial, namely, two separate violations of the rule which forbids any adverse comment upon the exercise of his right to .remain silent at trial. (See Griffin v. California, 380 U.S. 609 [14 L.Ed.2d 106, 85 S.Ct. 1229].) We have concluded that althou...
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I concur. Were it hot for the subsequent passage of section 13338.11 I would regard Heckley v. Board of Education (1959) 53 Cal.2d 218 [1 Cal.Rptr. 4, 347 P.2d 4] as controlling this case, and would dissent from the court’s affirmance of the judgment herein. No tenable factual distinction exists between the instant case and Heckley. In both cases teachers were paid exactly what they were promised—...
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Opinion When a claims interviewer denied plaintiff’s (hereinafter petitioner) application for unemployment benefits, petitioner asked an attorney to appeal that decision to a referee. Due to a mistake in calendaring, the attorney filed the appeal three days after the expiration of the ten-day period provided by Unemployment Insurance Code section 1328. Although both section 1328 and Unemploymen...
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Opinion This is a proceeding to review a recommendation of the disciplinary board that petitioner be disbarred. *504Petitioner, a 64-year-old attorney who was admitted to practice in 1934, has no prior disciplinary record. In the instant proceeding he was charged in a notice to show cause with violating his oath and duties as. an attorney (Bus. & Prof. Code, §§ 6103, 6067, 6068) and committing ac...
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Opinion We are called upon to determine whether "attempted assault” is a crime in the State of California. We conclude that it is not. About 10:30 a.m. on the morning of December 7, 1971, Los Angeles Police Officer Sietz and his partner were conducting a field interview with two juveniles loitering in the area of a school. Across the street, some 35 feet away, a crowd of 75 to 100 ot...
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9 Cal.3d 524 (1973) 510 P.2d 361 108 Cal. Rptr. 185 STANLEY M. LINDROS, Plaintiff and Appellant, v. GOVERNING BOARD OF THE TORRANCE UNIFIED SCHOOL DISTRICT, Defendant and Respondent. Docket No. L.A. 30059. Supreme Court of California. In Bank. May 31, 1973. *526 COUNSEL Arthur Grebow and Stephen E. Kalish for Plaintiff and Appellant. John D. Maharg, County Counsel, Kenneth E. Reynolds, John J. Wa...
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I dissent. The majority opinion reverses appellant’s conviction on the ground that he was denied his right to a trial by a “jury of the State and district wherein the crime shall have been committed” (italics added) as guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution. For the reasons set forth below, I have concluded that the jury selection procedure employed in ...
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9 Cal.3d 566 (1973) 510 P.2d 1032 108 Cal. Rptr. 480 JEROME GRUENBERG, Plaintiff and Appellant, v. AETNA INSURANCE COMPANY et al., Defendants and Respondents. Docket No. L.A. 30082. Supreme Court of California. In Bank. June 11, 1973. *569 COUNSEL Hirsch, Marcus & Wechsler and Alvin Hirsch for Plaintiff and Appellant. Wagner & Scuderi, Robert S. Scuderi, Robert E. Cartwright, Edward I. Po...
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Opinion Linda Bedford by her guardian ad litem appeals from a judgment for defendants in a personal injury action.1 Defendant, a truck driver at construction projects, became interested in masonry. When he moved into a new house in San Jose he planned to landscape the house’s then-naked front yard, both to improve its appearance and to provide an area in which his wife could display her floral ar...
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*606 Opinion This is a proceeding to review a recommendation of the Disciplinary Board that petitioner be suspended from the practice of law for 60 days. 1 Petitioner, who was admitted to practice in 1955, has no prior disciplinary record. In the instant proceeding he was charged with, inter alia, wilfully violating rule 12 of the Rules of Professional Conduct, which...
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Opinion Petitioners, Robert F. Brown and his six codefendants in one criminal prosecution, and Abbass Bozorg and his four codefendants in a second prosecution, were convicted after jury trials of violating Penal Code sections 408 (participating in an unlawful assembly) and 415 (disturbing the peace). They were acquitted of charges of violating section 409 of that code (failure to disperse...
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*629 Opinion The crucial question we face here is whether a citizen may properly be subjected to the peering of the policeman who, without a search warrant, walks over ground to which the public has not been invited but which has been reserved for private enjoyment, stands by a window on the side of a house and peeks through a two-inch gap between the drawn window shade and the s...
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Opinion By an information, defendant and Curtis Vann were charged with sodomy (Pen. Code, § 286), and Carlos Rodriguez was charged with attempted sodomy and assault with intent to commit that offense. At defendant’s request, his case was severed. After a court trial, he was found guilty of sodomy, and a jury subsequently found that he was sane at the time of the commission of the offense....
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Opinion It has long been the rule in this state that a magistrate’s dismissal of criminal charges following a preliminary examination does not bar the People from either refiling the same charges before another magistrate or seeking an indictment based upon those charges. (See Ex parte Fenton, 77 Cal. 183, 184 [19 P. 267]; People v. Prewitt, 52 Cal.2d 330,...
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Opinion The People were directed in response to petitioner’s application for a writ of habeas corpus to show cause why the following orders should not be set aside: (1) order denying petitioner’s motion to withdraw a plea of guilty to a charge of robbery; and (2) order granting probation. We conclude that the remedy sought by petitioner is unavailable and that, in any event, the trial court did...
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Opinion Defendants David Hernandez Martin and M. Nick Prizant appeal from orders granting probation following the convictions of each on two counts of receiving stolen property. (Pen. Code, § 496, subd. I.) 1 The causes were submitted to the court on transcripts of the preliminary hearings for its determination of guilt or innocence in accordance with a negotiated disposition as to sentence. ...
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Opinion Proceeding to review recommendations of the Disciplinary Board of the State Bar of California and a local administrative committee concerning attorney George L. Vaughn, Jr. *700 Facts Vaughn was counsel for one convicted of impersonating a police officer. A new trial having been granted, retrial was set for a Monday in September 1965. When the case was called in the late afternoon...
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*707 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 year. Petitioner was admitted to practice in this state on September 11, 1962. He testified that, in addition, he was a real estate broker and a general contractor and had been in the c...
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Opinion Defendant appeals from a judgment entered upon his plea of guilty of possession of heroin (Health & Saf. Code, § 11500) after denials of his motions to set aside the information (Pen. Code, § 995) *720 and to suppress evidence (Pen. Code, § 1538.5). 1 One of five charged prior convictions was found to be true, probation was denied, and defendant was sentenc...
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Opinion Plaintiffs in a class action appeal from an order of dismissal entered after the court sustained, without leave to amend, defendant’s demurrer on the ground that the complaint failed to state a cause of action. Preliminarily, we observe that we are limited on this appeal to a determination of the sufficiency of the complaint as a matter of law and that for such purpose we tre...
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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 disbarred. Petitioner was admitted to practice in this state on September 11, 1962. In 1965, he was convicted in a court trial in the Superior Court of Los Angeles County of six counts of crimes involving moral turpitude—three counts of grand theft (Pen....
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I concur with points I and IV of the majority opinion but dissent from points II and III. However beguiling the rationale of the majority opinion, its melancholy result is to penalize these defendants for a successful appeal. Had defendants graciously accepted the trial court’s erroneous judgment of guilt of violating Penal Code section 415, or had they appealed and lost, they would have remained ...
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*775 Opinion Petitioners 1 seek writs of certiorari and mandate to compel the Los Angeles Superior Court to grant their motions to quash service of summons and to vacate a default judgment and levy of execution against defendants, a corporation, and a partnership in which the corporation was general partner. Defendant corporation’s applicátion to the Commissioner of Co...
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9 Cal.3d 784 (1973) 512 P.2d 317 109 Cal. Rptr. 93 THE PEOPLE, Plaintiff and Respondent, v. JOSHUA NICHOLAS HILL, Defendant and Appellant. Docket No. Crim. 14930. Supreme Court of California. In Bank. July 26, 1973. *785 COUNSEL Joshua Nicholas Hill, in pro. per., and Donald F. Roeschke, under appointment by the Supreme Court, for Defendant and Appellant. Evelle J. Younger, Attorney General, Will...
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*791Opinion Defendant was charged with possession of marijuana for sale (former Health & Saf. Code, § 11530.5) and possession of cocaine (former Health & Saf. Code, § 11500).1 He moved for suppression of the evidence on the ground of illegal search and seizure. (Pen. Code, § 1538.5.) The trial court ordered the evidence suppressed, and on its own motion dismissed the indictment (Pen. Code, § 1385...
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9 Cal.3d 808 (1973) 512 P.2d 833 109 Cal. Rptr. 201 ANTONIA GUERRERO et al., Plaintiffs and Appellants, v. ROBERT CARLESON, as Director, etc., et al., Defendants and Respondents. Docket No. L.A. 30079. Supreme Court of California. In Bank. July 30, 1973. *809 COUNSEL George M. Duff for Plaintiffs and Appellants. Ralph Santiago Abascal, Jay-Allen Eisen and Phil Goar as Amici Curiae on behalf of Pl...
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Opinion These consolidated proceedings present various legal issues relating to the custody of Joseph A. Ferreira II [hereafter “Joey”] and Charles Rickard Ferreira [hereafter “Ricky”], the children of Joseph A. Ferreira [hereafter “Joseph”] and his former wife, now Carolyn J. Eilerman [hereafter “Carolyn”]. Ferreira v. Ferreira (S.F. 22908) is Joseph’s appeal from a...
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Opinion The Commission on Judicial Qualifications, following a hearing before it and review of a report of special masters appointed pursuant to rule 907, California Rules of Court, objections to that report, and the record of the hearings before the special masters found, inter alia: Between December 1969 and October 1972 Judge Leopoldo Sanchez regularly furnished to a bail bondsman orders for...
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Opinion The Commission on Judicial Qualifications, following a hearing before it and review of a report of special masters appointed pursuant to rule 907, California Rules of Court, objections to that report, and the record of the hearings before the special masters, found, inter aha, that Judge Antonio E. Chavez regularly furnished to a bail bondsman presigned orders for release of prisoners o...
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*850 Opinion Petitioner seeks review of a decision of the Workmen’s Compensation Appeals Board (hereinafter referred to as “the board”), after reconsideration, in which the board made awards for new and further permanent disability. The applicant, while employed by Macy’s Department Store as a laborer or warehouseman, sustained a compensable injury to his low back on March 1, 1966, while li...
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Opinion In this interpleader action, defendant Joe Jackson, Jr., appeals from that portion of a judgment which grants a lien pursuant to Welfare and Institutions Code section 141171 in favor of lien claimant Department of Health Care Services of the State of California (Department) 2 against the amount apportioned to Jackson of the proceeds of uninsured motorist coverage deposited in court by the...
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9 Cal.3d 871 (1973) 512 P.2d 1208 109 Cal. Rptr. 304 THE PEOPLE, Plaintiff and Respondent, v. CLAY DUMAS, Defendant and Appellant. Docket No. Crim. 16723. Supreme Court of California. In Bank. August 14, 1973. *874 COUNSEL Tolbert, Wooden & Malone, John H. Wooden and Hugo E. Hill for Defendant and Appellant. Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney Ge...
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Opinion Appeal from order denying preliminary injunction. (Code Civ. Proc., § 904.1, subd. (f).) *890 Defendant owns land within 1,000 yards of the California coastline. Having planned to develop the property since 1968, it applied to the City of San Diego for a building permit in July 1972, for construction of a condominium project. The permit was granted on 6 December 1972. In the first...
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*909 Opinion We are asked to decide whether, under the particular facts of this case, a contract of life insurance existed between plaintiff’s deceased spouse and defendant insurance company, and if so, whether decedent’s alleged misrepresentations regarding the state of his health and past medical history rendered that contract void and unenforceable. The trial court, aided by a...
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Opinion Defendants, charged with violation of three sections of the Health and Safety Code, moved unsuccessfully to set aside the information pursuant to Penal Code section 995, 1 and failed to obtain a writ of prohibition in the Court of Appeal. We granted defendants’ petition for hearing in order to decide whether a magistrate who issues a search warrant may relieve police officers of the s...
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Opinion Plaintiffs appeal from the denial of a petition for a writ of mandate to compel defendants city council and city clerk to terminate proceedings for annexing approximately 24.7 acres of land to the City of Thousand Oaks under the Annexation of Uninhabited Territory Act of 1939 (Gov. Code, §§ 35300-35326, hereinafter referred to as the 1939 act.) 1 Plaintiffs, husband a...
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Opinion After an initial mistrial defendant Weldon Lee Hathcock was convicted upon a jury verdict of two counts of first degree murder *603 (Pen. Code, § 187) and two counts of kidnaping (Pen. Code, § 207). A separate jury thereafter set the penalty for each-of the two counts of murder at death. (Pen. Code, § 190.) The case is now before us on an automatic appeal. (Pen. Code,...
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Opinion The Supreme Court of the United States on October 24, 1972, issued its judgment and mandate that “the judgment of the Supreme Court of California in this cause be vacated, and that this cause be remanded to the Supreme Court of the State of California for further proceedings not inconsistent with the opinion of this Court.” The opinion of the United States Supreme Court, reported at 4...
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Opinion Willie Lee Beamon appeals from a judgment following jury convictions of robbery (Pen. Code, § 211) and kidnaping for the purpose of robbery (Pen. Code, § 209). 1 Defendant was charged with and found to have been armed with a deadly weapon at the time of the commission of each offense. 2 The jury further found that the victim, did not suffer “great bodily injury” in connection with...
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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 disbarred from the practice of law. Facts: In August 1967, petitioner was employed by Sam Reiter and William Schorin to settle a controversy with regard to a trust deed. In March 1968, pursuant to that employment, petitioner filed on his clients’ ...
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Opinion Defendant was convicted of violating section 11912 of the Health and Safety Code (sale of a restricted dangerous drug) after stipulating that the case could be decided by the trial court on the basis of the transcript of the preliminary hearing. He contends that the stipulation was tantamount to a plea of guilty (In re Mosley (1970) 1 Cal.3d 913 [83 Cal.Rptr. 809, 464 P.2d 473]), that...
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8 Cal.3d 655 (1973) 504 P.2d 915 105 Cal. Rptr. 691 THE PEOPLE, Plaintiff and Respondent, v. TIMOTHY ALAN McREYNOLDS, Defendant and Appellant. Docket No. Crim. 16299. Supreme Court of California. In Bank. January 15, 1973. *656 COUNSEL Richard S. Buckley, Public Defender, James L. McCormick and H. Reed Webb, Deputy Public Defenders, for Defendant and Appellant. Evelle J. Younger, Attorney General...
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*663 Opinion Petitioner Maxine Brooks seeks a writ of mandate to compel respondent courts to allow her to file a notice of appeal and to prosecute an appeal from an adverse judgment entered in respondent small claims court without being required to file the undertaking prescribed by law. 1 Essentially we must decide whether such requirement deprives petitioner of her property without due pr...
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*677 Opinion In this case, where a judgment imposing sentence of life imprisonment followed jury trials on guilt, sanity and penalty of defendant who was charged with murder in the first degree and was prosecuted on two theories, felony murder and premeditated murder, a hearing was granted by this court, after decision by the Court of Appeal, Fourth District, Division One, for the purpose of ...
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Opinion In this action for damages for personal injuries and for wrongful death, plaintiffs 1 appeal from a judgment of nonsuit in favor of defendants Noble Manors, Inc. (Noble Manors) and A. Anthony Kuri (Kuri) and from an order granting a new trial in favor of defendant Los Angeles County Flood Control District (District). In, 1962, William and Aimee Miller purchased a h...
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Opinion This is an action for damages for injuries sustained when an automobile purchased from defendant suddenly veered into oncoming traffic and collided with another vehicle. Plaintiffs are the surviving occupants of both vehicles. They alleged and defendant denied that defendant’s negligence in repairing the automobile prior to sale was the proximate cause of the collision. 1 The jury r...
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8 Cal.3d 712 (1973) 505 P.2d 213 106 Cal. Rptr. 21 LIBERTY MUTUAL INSURANCE COMPANY et al., Plaintiffs and Respondents, v. EDWARD FALES, Defendant and Appellant. Docket No. S.F. 22914. Supreme Court of California. In Bank. January 23, 1973. *714 COUNSEL Harvey M. Freed, Armando M. Menocal III and James R. Thompson for Defendant and Appellant. L.F. Haeberle III and Donald S. Britt for Plaintiffs a...
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Opinion Petitioner, the City of Los Angeles (City) seeks a writ of prohibition restraining respondent superior court from taking further action in a mandamus proceeding pending therein. The facts in brief are as follows. On January 4, 1971, real party in interest Roy L. Burns (Burns), a police officer of the City, was discharged from the police department after a hearing before a boa...
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Opinion In this proceeding we issued an alternative writ of mandate on the basis of allegations that placing the name of an incumbent first on the ballot results in an unconstitutional preference in an election because a substantial number of electors vote for the first person listed on the ballot merely because his name is listed first. In their returns respondents have denied that any such prefe...
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8 Cal.3d 736 (1973) 505 P.2d 205 106 Cal. Rptr. 13 ROGER JON DIAMOND, Petitioner, v. JAMES S. ALLISON, as Registrar of Voters, etc., et al., Respondents; LEGISLATURE OF THE STATE OF CALIFORNIA et al., Real Parties in Interest. Docket No. L.A. 30050. Supreme Court of California. In Bank. January 26, 1973. *737 COUNSEL Roger Jon Diamond, in pro. per., and Hecht, Diamond & Freis for Petitioner. ...
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Opinion Petitioners seek a writ of mandate to compel respondent Public Utilities Commission to commence immediate preparation of an environmental impact statement in connection with an application by real party in interest for a certificate of public convenience and necessity for a proposed power plant. The real party in interest, an investor-owned utility company, has requested the commission to ...
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Opinion Plaintiffs, the children of Joe Crail, Sr., and Lucile Sprague Crail, both deceased, brought suit to enforce an oral agreement between *747 their parents whereby the surviving parent would devise and bequeath all of their combined property (which was entirely community property) to plaintiffs. Mr. Crail, the survivor, in fact left the bulk of this property to defendan...
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Opinion Petitioner Leo Martinez, in an original proceeding before this court, seeks a writ of mandate to compel respondent Jane Newton, City Clerk of the City of Santa Barbara, to file his nomination papers and place his name on the ballot as a candidate for the Santa Barbara City Council in the election to take place on April 17, 1973. Petitioner has been a state resident since July 15, 1942, and...
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Opinion A jury found Kenneth Ray Chojnacky guilty of robbery and determined that the crime was of the first degree and that he was armed with a deadly weapon at the time of the offense. A prison sentence was imposed, and defendant appeals from the judgment. Defendant contends that (1) under United States v. Wade, 388 U.S. 218 [18 L.Ed.2d 1149, 87 S.Ct. 1926], and Gilbert v. California, 388 U.S. 26...
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Opinion We undertake here to examine and elaborate on the principles first announced in Eleazer v. Superior Court (1970) 1 Cal.3d 847 [83 Cal.Rptr. 586, 464 P.2d 42], Defendant Goliday appeals from convictions in 'the Superior Court of Los Angeles for two counts each of unlawful sale and possession for sale of secobarbital and amphetamine tablets under Health and Saf...
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Opinion In this case we are asked to decide whether, under applicable law as it existed in 1965, a general law city could regulate the placement of signs and billboards along freeways without the necessity of complying with the law governing the adoption of zoning ordinances. City of Escondido (“City”), a general law city, asserts that Government Code section 38774 1 autho...
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Opinion New Car Dealers Policy and Appeals Board appeals from a judgment awarding costs to Ralph’s Chrysler-Plymouth (hereinafter referred to as Ralph’s) for preparation of the record accompanying a petition for a writ of mandamus. An accusation against Ralph’s, the subject of which is not here material, was filed with the Department of Motor Vehicles and a hearing was held *7...
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Opinion In these consolidated cases we are called upon to review the constitutionality of the procedures (Pen. Code, § 1367 et seq.) for the commitment to, and release from, state hospital of defendants in criminal cases who have been found to lack sufficient mental competence to stand trial. 1 Although we have concluded that petitioners’ initial commitments were proper, we ack...
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MEMORANDUM CASE OPINION THE COURT. Defendant Joseph Bernard Morse was convicted of first degree murder and the penalty was fixed at death. The judgment was reversed insofar as it related to penalty and affirmed in all other respects. (People v. Morse (1969) 70 Cal.2d 711 [76 Cal.Rptr. 391, 452 P.2d 607].) Upon retrial of the issue of penalty defendant's punishment was again fixed at death. This ap...
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*814Opinion Dovie Carl Mathis was convicted of first degree murder and first degree robbery, and on the murder count his penalty was fixed at death. The judgment was affirmed. (People v. Mathis (1965) 63 Cal.2d 416 [46 Cal.Rptr. 785, 406 P.2d 65].) Thereafter, under compulsion of Witherspoon v. Illinois (1968) 391 U.S. 510 [20 L.Ed.2d 776, 88 S.Ct. 1770], the judgment was reversed insofar as it im...
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Opinion Defendant John Irwin Crowe appeals from a conviction, following jury verdict, of assault by means of force likely to produce great bodily harm (Pen. Code, § 245, subd. (a)) and robbery (Pen. Code, § 211). The jury determined the robbery to be of the second degree. (Pen. Code, § 211a.) The principal issue of the case turns on defendant’s contention that the trial court’s conduct of the voi...
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Opinion Respondent attorney, an active member of the State Bar, was convicted of wilfully failing to file his federal income tax returns for the years 1960, 1961 and 1962. (26 U.S.C. § 7203.) Following his conviction we referred the matter to the State Bar for a hearing, report and recommendation on whether his offense, or the circumstances surrounding its commission, involved moral turpi...
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Opinion Section 17158 of the Vehicle Code, California’s “automobile guest statute,” 1 deprives an injured automobile guest of any recovery *859 for the careless driving of his host unless the injury results from the driver’s willful misconduct or intoxication. Thus, in those cases which the statute reaches, the provision withdraws from automobile “guests,” i.e., pa...
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Opinion Defendant appeals from a judgment (order granting probation) of conviction of oral copulation. (Pen. Code, § 288a.) 1 The sole witness at the preliminary hearing was the arresting officer, who testified as to his observations of defendant from a clandestine vantage point. Defendant made timely objection to the admissibility of the officer’s testimony. Following denial of his motion to...
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Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar that petitioner be suspended from the practice of law for three years. 1 Petitioner was admitted to practice in 1957 and has no prior disciplinary record. He seeks to have us reject the board’s recommendation and dismiss the proceeding on the grounds that certain findings are not supported by ...
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*909Opinion Leo Estrada Robles was convicted of assault with a deadly weapon by a life prisoner and of first degree murder, and on both counts his penalty was fixed at death. The judgment was reversed insofar as it relates to penalty and was affirmed in all other respects. (People v. Robles (1970) 2 Cal.3d 205 [85 Cal.Rptr. 166, 466 P.2d 710].) Upon retrial of the penalty issue, his punishment was...
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*913 Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar (Board) that petitioners be privately reproved. Petitioner James Edwin Bean, Jr., was admitted to practice in 1948: petitioner Gerald B. Ames in 1962. Neither petitioner has been involved in prior disciplinary proceedings. In 1968 petitioners were charged with having ...
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Opinion Plaintiffs Richard Haman, James Blum, Otto Krasch, Thomas Webster and Hunter’s Offshore Enterprises, filed suit to recover the excess of property tax they paid on their fishing boats for the calendar year 1968 over the amount they would have been required to pay if their boats had been registered in California. The trial court found for the county, and all plaintiffs have appealed...
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Opinion Fleeta Drumgo petitions for a writ of prohibition to restrain further proceedings in a pending criminal action wherein he is charged with multiple offenses and for a writ of mandate compelling the respondent court to vacate its order denying his motion to relieve his appointed counsel and to appoint as assigned counsel an attorney personally selected by petitioner. Petitioner, an inmate at...
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Opinion Plaintiff appeals from a judgment in favor of defendant in an action to recover personal property taxes paid by it under protest. Following a grand jury investigation in 1965, Russell L. Wolden, the then Assessor of the City and County of San Francisco, was charged with criminal misconduct in office. Thereafter, four San Francisco taxpayers *944 commenced a taxpa...
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*951 Opinion Petitioner Magee, charged with murder and other serious offenses, is presently defendant in a criminal proceeding now in progress before respondent court entitled People v. Ruchell Magee, superior court No. 83668. He, his court-appointed attorney of record Robert D. Carrow, and Ramsey Clark, seek a writ of mandate commanding respondent court to permit the association of Mr. Clark...
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I concur in the majority opinion, except that, for the reasons expressed in my dissenting opinion in People v. Anderson, 6 Cal.3d 628, 657 [100 Cal.Rptr. 152, 493 P.2d 880], I dissent from the modification of the judgment. (See Cal. Const., art. I, § 27.)...
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