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All Reporters → cal-lexis → Volume 1978

Opinions in cal-lexis Volume 1978

Opinion Plaintiffs, Wilfred and Margaret Mailand, as franchisees, entered into an agreement with Arthur and Lois Burckle, Geraldine and Paul Hassan and Green Pastures Daily (hereinafter defendants) to operate a Palmdale drive-in dairy owned by defendants. Gasoline as well as dairy products were sold on the premises. The agreement required plaintiffs to purchase gasoline from Powerine Oil Company ...
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Opinion In this case, an experienced bartender, knowing that a patron had just turned 21 years of age that very day, served his young customer 10 straight shots of 151 proof rum, as well as a vodka coffins and 2 beer chasers, during a period of less than an hour and a half; as a result, the 21-year-old patron died the next day, leaving 2 small children on whose behalf the instant wrongful death a...
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Opinion In August 1970, plaintiff Ray Barker was injured at a construction site at the University of California at Santa *417 Cruz while operating a high-lift loader manufactured by defendant Lull Engineering Co. and leased to plaintiff’s employer by defendant George M. Philpott Co., Inc. Claiming that his injuries were proximately caused, inter alia, by the alleged defective...
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Opinion Appellant, Patricia R. Morrison, appeals from an interlocutory judgment of dissolution of marriage from respondent David E. Morrison. She contends that the trial court erred (1) in terminating jurisdiction to award spousal support to her after 11 years; (2) in limiting her spousal support to $400 a month; and (3) in failing to determine her interest in the husband’s nonvested pension right...
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20 Cal.3d 457 (1978) 573 P.2d 433 143 Cal. Rptr. 215 THE PEOPLE, Plaintiff and Respondent, v. CHARLIE THOMAS, Defendant and Appellant. Docket No. Crim. 19836. Supreme Court of California. January 16, 1978. *462 COUNSEL Bruce Robert Kay, under appointment by the Supreme Court, for Defendant and Appellant. Paul Halvonik, State Public Defender, Charles M. Sevilla, Chief Assistant State Public Defend...
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Opinion Appellant, James Michael Gaston, petitioned this court for a hearing following the Court of Appeal’s denial of his motions to include in the record on appeal (1) a reporter’s transcript of the closing arguments of both prosecutor and defense counsel and (2) a transcription of a tape recording which was played, but not stenographically recorded, during appellant’s court trial. The petition ...
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Opinion This case involves the denial by the Court of Appeal of a request by appellant, Francisco Silva, to augment the record on appeal to *491include reporter’s transcripts of the oral instructions to the jury and the closing arguments of prosecutor and defense counsel. This court holds that appellant’s motion to augment should have been granted. I. Appellant filed a notice of appeal following h...
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Opinion A trial court order of March 22, 1976, reads, “Defendant Lewis’ motion to relieve the Public Defender Mr. Lieman is heard and Denied.” On appeal Lewis contends that the denial was unjustified. We agree. People v. Marsden (1970) 2 Cal.3d 118 [84 Cal.Rptr. 156, 465 P.2d 44] held that a defendant must be permitted to state the reasons why he believes a court-appointed counsel should ...
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Opinion Defendant Nork alone appeals from a judgment for plaintiff, contending inter alia that the trial court abused its discretion in denying his motion for relief from waiver of jury trial. Codefendant Mercy Hospital, the only party to claim the jury, waived jury trial in the early afternoon of July 23, 1973; Nork did not move for relief from jury waiver until the following morning. As a res...
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20 Cal.3d 523 (1978) 574 P.2d 425 143 Cal. Rptr. 609 THE PEOPLE, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE PASADENA JUDICIAL DISTRICT OF LOS ANGELES COUNTY, Defendant and Respondent; DONALD GENE RUNYAN, Real Party in Interest and Respondent. Docket No. L.A. 30722. Supreme Court of California. January 20, 1978. *525 COUNSEL Byron B. Gentry, City Prosecutor, and Martin H. Wegman, Depu...
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Opinion Patrick William Doe, admitted to practice in 1975, was convicted on his guilty plea of one count of grand theft. (Pen. Code, § 484.) He was granted probation. 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 disciplinary board, after considering the facts and circumstances of Doe...
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Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar (hereafter the board) that Carlton R. Inniss be suspended from the practice of law for three years; The board filed with this court an order approving a stipulation as to facts and discipline, thereby terminating the proceeding pursuant to rule 25.40 of the State Bar Rules of Procedure....
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*562 Opinion Petitioner Lewis Lynn Holt seeks the return of 32 items of properly, or the value of such property, taken by respondent Trinity County Sheriff at the time of petitioner’s arrest in January 1974. 1 In November 1974 he filed a petition for writ of mandate in the superior court, but a demurrer to the petition was sustained. Subsequently petitioner in propria ...
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*570 Opinion Charles Paul Kramme appeals from a probate court judgment disqualifying him from succeeding to any interest in his wife’s estate. The probate court concluded that Charles had intentionally committed an unlawful act that resulted in his wife’s death and, therefore, Probate Code section 258 precluded him from inheriting from her. Charles contends that Probate Code sect...
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20 Cal.3d 578 (1978) 578 P.2d 899 146 Cal. Rptr. 182 AMERICAN MOTORCYCLE ASSOCIATION, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; VIKING MOTORCYCLE CLUB et al., Real Parties in Interest. Docket No. L.A. 30737. Supreme Court of California. February 9, 1978. *581 COUNSEL Lawler, Felix & Hall, Thomas E. Workman, Jr., Erwin E. Adler and Jane H. Barrett for Petitioner. Joh...
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Opinion We confront in a new context the frequently recurring conflict between the media and the judiciary, the two “institutions pedestaled in fragile loneliness by the Constitution” (Simons & Califano, The Media and the Law (1976) p. 1). Most controversies in this arena arise as a result of abrasive court orders to the press seeking revelation of confidential sources, preventing the gathering o...
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Opinion In this action for wrongful death and personal injuries, plaintiffs Phillip G. Willis and Ramiro Galarza appeal from a judgment of nonsuit entered at the close of their opening statements. Our review of the record convinces us that the trial court erred in granting the motions for nonsuit. *632Plaintiffs’ opening statements set forth the facts they intended to prove. The accident occurred...
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Opinion This case raises the question whether by application of Penal Code section 669 multiple life sentences which have been imposed by different states merge and become concurrent sentences. (All statutory references are to the Penal Code.) During June 1973 defendant, having escaped from the Maryland State Prison while serving a life term, drove with three other men to Los Angeles where th...
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Opinion Defendants James Anderson and Dennis Davis have appealed from convictions of voluntary manslaughter (Pen. Code, § 192), with findings that each defendant was armed with a deadly weapon (id, § 12022). Among other contentions, defendants assert that the trial court committed reversible error in permitting the prosecution to introduce evidence that, on two prior occasions, they had been ...
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Opinion The People appeal from an order granting defendant probation following conviction upon his plea of guilty to commission of a lewd and lascivious act upon a child under the age of 14 *682years. (Pen. Code, § 288.)1 The People contend that the trial court abused its discretion by granting defendant probation. We agree and reverse the order. In February 1975 defendant was charged with a vio...
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20 Cal. 3d 694 (1978) 576 P.2d 466 144 Cal. Rptr. 751 PHILIP J. CAITO et al., Plaintiffs and Respondents, v. UNITED CALIFORNIA BANK, Defendant and Appellant. Docket No. L.A. 30811. Supreme Court of California. March 3, 1978. *698 COUNSEL Lillick, McHose & Charles, John F. Kimberling, Nancy R. Schauer, John M. Mann and Marc S. Homme for Defendant and Appellant. Horton, Knox, Carter & Foote...
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*711Opinion We review recommendation of the Disciplinary Board of the State Bar that Byron N. Wells be suspended from the practice of law for three months. (Bus. & Prof. Code, § 6083, subd. (a).)1 Petitioner is charged with violation of his oath and duties as an attorney (§§ 6103, 6067, 6068), the willful violation of former rules 9 (now rule 8-101, conversion of or commingling a client’s funds) ...
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*721 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 six months and be required to comply with the provisions of rule 955 of the California Rules of Court. The disciplinary board unanimously adopted substantially all of the findings of the ...
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20 Cal.3d 725 (1978) 575 P.2d 1162 144 Cal. Rptr. 380 MICHAEL SEAN DALY, a Minor, etc., et al., Plaintiffs and Appellants, v. GENERAL MOTORS CORPORATION et al., Defendants and Respondents. Docket No. L.A. 30687. Supreme Court of California. March 16, 1978. *729 COUNSEL Lawrence J. Moreno and Al Schallau for Plaintiffs and Appellants. Robert E. Cartwright, Edward I. Pollock, Leroy Hersh, David B. ...
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20 Cal. 3d 765 (1978) 576 P.2d 473 144 Cal. Rptr. 758 STATE OF SOUTH DAKOTA, Petitioner, v. EDMUND G. BROWN, JR., as Governor, etc., Respondent. Docket No. S.F. 23579. Supreme Court of California. March 20, 1978. *767 COUNSEL Gibson, Dunn & Crutcher, Charles S. Battles, Jr., and Thomas E. Holliday for Petitioner. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney G...
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Opinion We review recommendation of the Disciplinary Board of the State Bar that William J. Codiga be suspended from the practice of law for three years. (Bus. & Prof. Code, § 6083, subd. (a).) 1 Petitioner was admitted to practice in 1957 and was involved in a prior disciplinary proceeding resulting in public reproval. The misconduct for which petitioner was reproved involve...
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Opinion Cross-defendant Vienna Stonecraft, Inc., appeals from an adverse judgment on a cross-complaint for indemnity. 1 We affirm. Plaintiff Ben C. Gonzales brought the instant action against R. J. Novick Construction Company, Inc. (Novick), a general contractor, and others seeking damages for personal injuries suffered by him when he fell from a scaffold while acting in t...
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20 Cal.3d 813 (1978) 576 P.2d 945 144 Cal. Rptr. 905 SOUTHERN CALIFORNIA EDISON COMPANY, Petitioner, v. PUBLIC UTILITIES COMMISSION et al., Respondents. Docket No. S.F. 23500. Supreme Court of California. March 23, 1978. *815 COUNSEL Rollin E. Woodbury, William E. Marx, Stephen R. Reinhardt, Bodle, Fogel, Julber, Reinhardt, Rothschild & Feldman, O'Melveny & Myers, Allyn O. Kreps, Keith H....
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Opinion In this case we must determine the constitutional validity of a judicial discovery order which compels numerous individuals, plaintiffs in the underlying litigation, to disclose extensive and intimate details of both their own and others’ activities in various local political associations. The trial court refused to honor plaintiffs’ request for a protective order to safeguard their assoc...
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Opinion We have reviewed the recommendation of the State Bar Disciplinary Board that petitioner be suspended from law practice for one year (execution stayed) and placed on probation on condition that he (1) effect restitution, (2) obtain psychiatric help, (3) abstain from intoxicants, (4) enroll in the program of the State Bar Committee on Alcohol Abuse, and (5) submit quarterly written reports o...
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Opinion The California Franchise Tax Board (the Board) appeals from a judgment that ordered a refund to plaintiffs (husband and wife) of income taxes, penalties, and interest totaling $9,717. The issues are: Did the trial court err when (1) it granted plaintiffs’ summary judgment for six tax years (1956, 1957, 1959 through 1961, and 1963); and (2) it ruled that no collateral estoppel (bas...
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20 Cal. 3d 888 (1978) 576 P.2d 93 144 Cal. Rptr. 610 ALEJANDRO RAMIREZ FERREL, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. L.A. 30812. Supreme Court of California. March 28, 1978. *890 COUNSEL Wilbur F. Littlefield, Public Defender, Harold E. Shabo, Ezekiel Perlo and John L. Ryan, Deputy Public Defenders, for Petitioner. John...
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Opinion Jesse W., a minor, seeks writ of prohibition to restrain the respondent juvenile court from proceeding pursuant to statute (Welf. & Inst. Code, former § 559, now § 253) to redetermine petitioner’s status as a ward after a referee had absolved petitioner of misconduct charged in a petition filed pursuant to Welfare and Institutions Code section 602. Welfare and Institutions Code section 60...
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Opinion Doris Day Comden and Barry Comden seek mandate to compel respondent court to vacate its order requiring petitioners’ attorneys to withdraw from their representation of petitioners in an action for injunctive relief and breach of contract. The question presented is whether respondent court abused its discretion in ordering withdrawal pursuant to California Rules of Professional Conduct, ru...
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21 Cal.3d 37 (1978) 577 P.2d 200 145 Cal. Rptr. 380 FLORENTINE G. BOERNER et al., Plaintiffs and Appellants, v. COLWELL COMPANY, Defendant and Respondent. Docket No. L.A. 30778. Supreme Court of California. April 24, 1978. *40 COUNSEL Patricia Herzog, Goldin & Goldin and Martha Goldin for Plaintiffs and Appellants. Meserve, Mumper & Hughes, Cromwell Warner, Jr., L. Allan Songstad, Jr., El...
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21 Cal.3d 61 (1978) 577 P.2d 188 145 Cal. Rptr. 368 EVA ISBELL et al., Plaintiffs and Appellants, v. COUNTY OF SONOMA et al., Defendants and Respondents. Docket No. S.F. 23604. Supreme Court of California. April 24, 1978. *64 COUNSEL David C. Lewis, William C. McNeill and Richard M. Pearl for Plaintiffs and Appellants. James P. Botz, County Counsel, and Caroline Kerl, Deputy County Counsel, for D...
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Opinion Plaintiff appeals from a judgment entered after defendant’s demurrer to an amended complaint was sustained without leave to amend on the ground that the statute of limitations barred the action. We reverse. On December 4, 1972, plaintiff Marasco filed suit against Frank Penegar and Does I through XX for wrongful death caused by an automobile accident. The complaint alleged th...
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*92Opinion Petitioner seeks writ of mandate to compel the Attorney General to title and prepare summary of a proposed initiative measure. Petitioner submitted a proposed initiative measure to the Attorney General for title and summary preparatory to obtaining signatures to qualify the measure for the ballot. (See Elec. Code, §§ 3502, 3503.) The measure would (a) make it unlawful for any teacher to...
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Opinion These writ proceedings present the question whether James William Mack, the real party in interest in the first matter (S.F. 23517) and the petitioner in the second (S.F. 23597), is entitled to the destruction of certain official records pertaining to his conviction in 1972 of possession of marijuana in violation of former Health and Safety Code section 11530. 1 The cases require us t...
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*123Opinion Real party in interest Spelio was convicted in 1969 of possession of marijuana (former Health & Saf. Code, § 11530), and the conviction was affirmed on appeal (People v. Spelio (1970) 6 Cal.App.3d 685 [86 Cal.Rptr. 113]). On February 25, 1976, Spelio petitioned respondent superior court for an order to destroy the records of his conviction pursuant to former Health and Safety Code sec...
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*126 Opinion On December 31, 1975, judgment was entered on defendant’s plea of guilty to possession of marijuana (Health & Saf. Code, § 11357); imposition of sentence was suspended and defendant was placed on probation for three years, conditioned on confinement in jail for four months. On January 2, 1976, defendant filed a motion in superior court for an order to destroy the rec...
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21 Cal.3d 128 (1978) 577 P.2d 659 145 Cal. Rptr. 524 ANTHONY GILBERT PIZANO, Petitioner, v. THE SUPERIOR COURT OF TULARE COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. S.F. 23654. Supreme Court of California. April 26, 1978. *131 COUNSEL Charles B. Flood III, Public Defender, and Thomas A. Simonian, Deputy Public Defender, for Petitioner. No appearance for Respondent. Jay W. P...
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21 Cal.3d 144 (1978) 577 P.2d 669 145 Cal. Rptr. 534 JAMES STEWART COULTER et al., Petitioners, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; SCHWARTZ & REYNOLDS & CO. et al., Real Parties in Interest. Docket No. S.F. 23667. Supreme Court of California. April 26, 1978. *147 COUNSEL Dahl, Hefner, Stark & Marois, C. Afton Moore III and Judy R. Campos for Petitioners. No appeara...
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Opinion Appellant, Henry M. Fogelson, was convicted by the court of a misdemeanor, soliciting contributions on public property without a permit, conduct which violated a Los Angeles ordinance.1 The issue presented to this court is whether this ordinance imposes an impermissible restriction upon free speech and the free exercise of religion, as guaranteed by the First and Fourteenth Amendments to t...
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*173Opinion Maretta M. seeks relief from this court after the Court of Appeal dismissed her appeal from an order of the superior court terminating her parental rights to her daughter, Jacqueline H. Two issues are presented: (1) Is an indigent person, appealing from a judgment following a hearing pursuant to Civil Code section 232, entitled to appointed counsel? (2) Does failure to advise an indig...
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Opinion Appeal from judgment denying petition for writ of mandate or prohibition to compel respondent municipal court to appoint an interpreter in a civil action. We affirm the judgment. A property damage action arising from an automobile accident was filed against appellant in the municipal court. Represented by a staff attorney of the Southeast Legal Aid Center founded under the Office of Econom...
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21 Cal.3d 195 (1978) 578 P.2d 102 145 Cal. Rptr. 855 In re BRIAN D. ROHAN on Suspension. Docket No. S.F. 23458. Supreme Court of California. May 3, 1978. *198 COUNSEL Michael L. Krassner and Lance Grode for Petitioner. Herbert M. Rosenthal for Respondent. OPINION CLARK, J. Petitioner attorney was convicted of the wilful failure to file his federal income tax return for the year 1969. (26 U.S.C. §...
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21 Cal.3d 208 (1978) 577 P.2d 1026 145 Cal. Rptr. 686 THE PEOPLE, Plaintiff and Respondent, v. MICHAEL JAY COLLINS, Defendant and Appellant. Docket No. Crim. 19934. Supreme Court of California. May 3, 1978. *211 COUNSEL James A. Hutchens, under appointment by the Supreme Court, and Hutchens & Rounds for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assis...
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Opinion Proceeding to review order denying defendant costs and attorney’s fees following plaintiff’s voluntary dismissal without prejudice. Plaintiff sublessor and defendant sublessee entered a written sublease providing for plaintiff’s costs and attorney fees incurred in enforcing plaintiff’s rights under the agreement. Plaintiff served amended notice to pay or quit in December 1975. In the same...
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21 Cal.3d 231 (1978) 578 P.2d 108 145 Cal. Rptr. 861 THE PEOPLE, Plaintiff and Respondent, v. FRANK JAY PETTINGILL, Defendant and Appellant. Docket No. Crim. 20077. Supreme Court of California. May 9, 1978. *234 COUNSEL Franklyn S. Michaelson, under appointment by the Supreme Court, and Hatch & Parent for Defendant and Appellant. Roger S. Hanson, John M. Pitkin and Cherie A. Parker as Amici C...
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Opinion The present case raises the problem of the treatment for tax purposes of property located in a redevelopment project which, subsequent to the adoption of the redevelopment plan, is transferred for one reason or another into public ownership. Article XVI, section 16 of the California Constitution provides that the basis for calculating taxation of property located in a redevelopmen...
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Opinion This petition for writ of mandate challenges the constitutionality of California’s procedure for the nonjudicial foreclosure of *272 deeds of trust on real property. Petitioners contend that this procedure permits the deprivation of the trustor’s property without adequate notice or hearing in violation of the due process guarantees of the Fourteenth Amendment to the U...
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21 Cal.3d 284 (1978) 578 P.2d 123 145 Cal. Rptr. 876 THE PEOPLE, Plaintiff and Respondent, v. LANE W. SCOTT, Defendant and Appellant. Docket No. Crim. 19905. Supreme Court of California. May 16, 1978. *288 COUNSEL Bruce Robert Kay, under appointment by the Supreme Court, for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark M...
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Opinion Plaintiff appeals from judgment denying petition for writ of mandate. Challenging City of Oakland’s requirement that police officer applicants be able to scale a six-foot wall, she claims the disproportionate rejection of females constitutes sex discrimination denying equal protection and violating the 1964 Civil Rights Act. The trial court upheld the requirement as reasonably related to t...
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21 Cal.3d 18 (1978) 577 P.2d 177 145 Cal. Rptr. 357 In re JOHN H., a Person Coming Under the Juvenile Court Law. CLARENCE E. CABELL, as Acting Chief Probation Officer, etc., Plaintiff and Respondent, v. JOHN H., Defendant and Appellant. Docket No. Crim. 19946. Supreme Court of California. April 19, 1978. *21 COUNSEL Walter Lawrence Johnson, under appointment by the Court of Appeal, Paul Halvonik,...
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Opinion Defendant, an attorney, appeals from a legal malpractice judgment following jury verdict. We conclude the evidence is insufficient to support the judgment. Evidence at trial revealed that- in February 1963 plaintiff fell injuring his left shoulder while employed. A preoperative diagnosis revealed “probable tear, musculotendinitus cuff, left shoulder.” The tear was repaired su...
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Opinion Under the circumstances of this case we will conclude that the filing of an action in the United States District Court suspends the running of the six-month limitations period (Gov. Code, § 945.6; all further statutory references are to that code unless otherwise indicated) within which suits must be brought against public entities in state courts. Plaintiffs originally filed a tort a...
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21 Cal.3d 322 (1978) 579 P.2d 441 146 Cal. Rptr. 550 SAFEWAY STORES, INC., Cross-complainant and Respondent, v. NEST-KART, Cross-defendant and Appellant. Docket No. S.F. 23596. Supreme Court of California. May 26, 1978. *324 COUNSEL Robert E. Lee, Robert F. Price, Lawler, Felix & Hall and Erwin E. Adler for Cross-defendant and Appellant. Burt Pines, City Attorney (Los Angeles), John T. Nevill...
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*340 Opinion A minor who has been detained in custody on a petition filed against him in the juvenile court is entitled to have his jurisdiction hearing 1 within 15 judicial days of his detention hearing. 2 (Welf. & Inst. Code, §§ 320, 334, 636, 657.) 3 In the present case, this court must decide whether such a minor may be detained for more than ...
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Opinion Robert E. appeals from judgment declaring that custody and control of his minor son, Richard, should be removed from the minor’s parents and placed in plaintiff Los Angeles County Department of Adoptions (County). (See Civ. Code, § 232, subd. (a)(4).)1 We affirm the judgment. County seeks to free Richard from custody and control of his parents on grounds (1) the minor, seven and one-half y...
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Opinion Plaintiffs filed a class action against defendant brokerage firm. They alleged, first, that defendant unlawfully charged compound interest on the debit balance in margin accounts without a clear written agreement authorizing the compounding of interest as required by section 2 of the Usury Law. Finding that defendant’s customer’s agreement complied with the requirements of section 2, the ...
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21 Cal.3d 386 (1978) 579 P.2d 449 146 Cal. Rptr. 558 BERESFORD DAVID WEEKES et al., Plaintiffs and Respondents, v. CITY OF OAKLAND et al., Defendants and Appellants; RICHARD K. GROULX et al., Interveners and Respondents. Docket No. S.F. 23598. Supreme Court of California. May 30, 1978. *389 COUNSEL David A. Self, City Attorney, Ralph R. Kughler, Assistant City Attorney, and Douglas Dang for Defen...
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*435 Opinion Section 24755 of the Business and Professions Code requires that a manufacturer or brand owner file with the Department of Alcoholic Beverage Control (department) a minimum price schedule for distilled spirits which bear the brand name of the owner (subds. (a), (c)), and it prohibits an off-sale retail licensee from selling at less than that prescribed price (subd. (...
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*463 Opinion Appellant, Kinnon Wilks, appeals from a judgment of conviction for two felony offenses and four prior convictions. He contends the following errors were made by the superior court: (1) the trial judge lacked jurisdiction to conduct appellant’s jury trial because a timely motion pursuant to Code of Civil Procedure section 170.6 had been filed to disqualify that judge;...
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Opinion Defendant Michael C., a 16-year-old minor, appeals from juvenile court orders sustaining allegations that he comes within Welfare and Institutions Code section 602 for having killed Robert Yeager (Pen. Code, § 187), adjudicating him to be a ward of the court, and committing him to the Youth Authority. We concur in defendant’s contention that his confession was obtained in violation of the...
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Opinion Carolyn B. appeals from a judgment of the trial court declaring her five minor children free from her custody and control under section 232, subdivisions (a)(2) and (a)(6) of the Civil Code. We reverse. *486 The action was brought against Carolyn B. and her husband on June 23, 1975, by the San Diego County Department of Public Welfare pursuant to Civil Code section 2...
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*502 Opinion Plaintiff E. L. White, Inc. (White) and its insurance carrier appeal from a judgment of dismissal entered following an order sustaining, without leave to amend, the demurrer of defendant City of Huntington Beach (City) to its first amended complaint in an action for “indemnity and equitable contribution.” We reverse the judgment. The complaint here at issue, tog...
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*516 Opinion Appellant, Wilford Wayne Barton, contends that he was deprived of his right under the Fourteenth Amendment of the United States Constitution to the competent assistance of counsel on appeal, in that the attorney appointed to represent him in the Court of Appeal failed to present an adequate appellate record from which that court could reach the merits of his search a...
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Opinion This is a proceeding to review the recommendation of the Disciplinary Board of the State Bar of California (board) that petitioner, admitted to the bar in 1962, be disbarred from the practice of law. After extensive hearings, at which petitioner was represented by counsel, the board found that petitioner had breached his duties as an *525 attorney in two particulars. Briefly, the re...
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Opinion We granted a hearing in this case to resolve a conflict between Court of Appeal opinions in this and an earlier case. After an *530independent study of the issue, we have concluded that the careful and scholarly opinion of Judge Lazarus (assigned) for the Court of Appeal, First Appellate District, in this case correctly treats the issues, and we adopt it as our opinion. That opinion, with...
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Opinion Defendant appeals from judgment of conviction of 3 counts of lewd and lascivious acts upon children under the age of 14 years (Pen. Code, § 288) and of 3 counts of oral copulation of children under the age of 14 years and more than 10 years younger than himself (Pen. Code, § 288a). Defendant’s principal attack upon the judgment is that it is based on evidence obtained as a result ...
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Opinion Petitioner seeks review of a decision by the general counsel of the Agricultural Labor Relations Board (board) not to issue unfair labor practice complaints against United Farm Workers of America (UFW), real party in interest. Petitioner filed four unfair labor practice charges against UFW with the board’s regional director. Petitioner alleged that after entering its property, UFW organiz...
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21 Cal.3d 562 (1978) 580 P.2d 274 146 Cal. Rptr. 859 THE PEOPLE, Plaintiff and Respondent, v. DANIEL CAUDILLO, Defendant and Appellant. Docket No. Crim. 19805. Supreme Court of California. June 23, 1978. *566 COUNSEL F. Elaine Easley, under appointment by the Supreme Court, for Defendant and Appellant. Wilbur F. Littlefield, Public Defender (Los Angeles), Harold E. Shabo and G. Keith Wisot, Deput...
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Opinion Richard E. Hawk, admitted to practice in 1957, was convicted of two counts of wilfully and knowingly failing to file federal income tax returns (26 U.S.C. § 7203). We referred the matter to the State Bar for a hearing, report and recommendation on the question whether the facts and circumstances surrounding the commission of the offenses of which Hawk was convicted involved moral turpitude...
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21 Cal.3d 595 (1978) 580 P.2d 672 147 Cal. Rptr. 172 THE PEOPLE, Plaintiff and Respondent, v. ROBERT JIMENEZ, Defendant and Appellant. Docket No. Crim. 20123. Supreme Court of California. June 29, 1978. *599 COUNSEL Paul Halvonik, State Public Defender, Charles M. Sevilla, Chief Assistant State Public Defender, and Kent L. Richland, Deputy State Public Defender, for Defendant and Appellant. Evell...
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*618Opinion Petitioners seek to disqualify a State Bar hearing officer. There is ample reason for ordering that he be disqualified. Our view is that (1) he should have recused himself; (2) the referee appointed to hear the matter erred when he ruled that petitioners failed to sustain their burden of proof; and (3) the State -Bar itself should have confessed error prior to oral argument in this cou...
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Opinion Beryl Gardner Lane appeals from a judgment awarding one-third of Maud Gardner’s estate to Edwin Gardner, who the trial court ruled was a pretermitted heir under Probate Code section 90. The issue is whether the general disinheritance clause in Maud’s will cuts off the rights of Edwin, who was not named. 1 Beryl is Maud’s daughter; Edwin is a grandson; his father (Maud’s son) predeceas...
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Opinion Plaintiff, owner of a married student apartment project, seeks damages because of latent construction defects from the architect who designed the project, the general contractor, and the surety on the contractor’s performance bond. The trial court rendered a summary judgment in favor of the surely based on the 10-year limitation of Code of Civil Procedure section 337.15. We hold, however,...
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21 Cal.3d 650 (1978) 580 P.2d 1155 147 Cal. Rptr. 359 PALOS VERDES FACULTY ASSOCIATION et al., Plaintiffs and Respondents, v. PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT et al., Defendants and Appellants. Docket No. L.A. 30823. Supreme Court of California. July 19, 1978. *654 COUNSEL John H. Larson, County Counsel, and Audrey Oliver, Deputy County Counsel, for Defendants and Appellants. Willia...
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21 Cal.3d 671 (1978) 582 P.2d 920 148 Cal. Rptr. 329 SUN 'N SAND, INC., et al., Plaintiffs and Appellants, v. UNITED CALIFORNIA BANK, Defendant and Respondent. Docket No. L.A. 30636. Supreme Court of California. July 20, 1978. *678 COUNSEL George DeRoy and Hochman, Salkin & DeRoy for Plaintiffs and Appellants. Gendel, Raskoff, Shapiro & Quittner and Richard S. Berger for Defendant and Res...
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*713Opinion Here, as in the recent case of Business Title Corp. v. Division of Labor Law Enforcement (1976) 17 Cal.3d 878 [132 Cal.Rptr. 454, 553 P.2d 614], we confront an appeal from a judgment in an action in interpleader brought by an escrow holder who, acting pursuant to an appointment under the provisions of section 24074 of the Business and Professions Code,1 seeks to resolve conflicting cla...
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Opinion Appeal from judgment denying petition for writ of mandate directing, inter alia, the respondent Long Beach Municipal *727Court to allow petitioner, Merco Construction Engineers, Inc., a corporation (Merco), to appear in a civil action through a corporate officer not an attorney.1 Merco relies on Code of Civil Procedure section 90, purporting to authorize such an appearance.2 We conclude t...
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21 Cal.3d 738 (1978) 581 P.2d 644 147 Cal. Rptr. 639 THE PEOPLE, Plaintiff and Respondent, v. SANDRA COREY, Defendant and Appellant. Docket No. Crim. 20258. Supreme Court of California. July 31, 1978. *740 COUNSEL Paul N. Halvonik, State Public Defender, Gary S. Goodpaster, Chief Assistant State Public Defender, David M. Blackman and Stephen Berlin, Deputy State Public Defenders, for Defendant an...
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21 Cal.3d 749 (1978) 581 P.2d 651 147 Cal. Rptr. 646 THE PEOPLE, Plaintiff and Appellant, v. GEROLD JOSEPH PETERS, Defendant and Respondent. Docket No. Crim. 20257. Supreme Court of California. July 31, 1978. *750 COUNSEL John K. Van de Kamp, District Attorney, Harry B. Sondheim and Richard W. Gerry, Deputy District Attorneys, for Plaintiff and Appellant. Michael Rotsten and Quin Denvir, State Pu...
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Opinion This case presents two issues: Whether defendant trustees improperly denied plaintiff reappointment to his post as lecturer at a state university; and, if so, the nature of the remedy which will compensate plaintiff for his wrongful termination. The trial court found, inter alia, that in refusing to reappoint plaintiff, the trustees denied plaintiff the benefit of university rules...
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Opinion Retiring after 26 years of military service, husband received a “disability” pension of 75 percent of his basic pay in lieu of a “retirement” pension at 65 percent of basic pay.1 Although a military “retirement” pension is a community asset (In re Marriage of Fithian (1974) 10 Cal.3d 592, 604 [111 Cal.Rptr. 369, 517 P.2d 449]), husband claims that his entire “disability” pension is his sep...
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Opinion Security Pacific National Bank appeals a judgment for damages in favor of respondents, heirs of the estate of Florence McNaghten. This court must decide whether a bank’s failure to require the signatures of both of an estate’s co-executors for withdrawals from an estate account was sufficient to hold the bank liable for misappropriations from that account by one of the executors. ...
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Opinion Petitioner Jackie Lee Wilson, presently incarcerated in the Los Angeles County jail, is representing himself in a pending criminal proceeding wherein he is charged with attempted escape and battery on a peace officer. By this petition for writ of mandate, he seeks to compel respondent Los Angeles County Superior Court to vacate its orders of October 11, 1977; November 7, 1977; and...
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*832Opinion In this petition for writ of mandate plaintiff seeks to discover a report prepared by an expert employed by counsel for one of the defendants in the underlying personal injury suit. Defendant had originally intended to call the expert as a witness at trial, and hence, under the relevant statute and case law, the expert’s report would normally have been discoverable by plaintiff. In re...
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21 Cal.3d 841 (1978) 582 P.2d 604 148 Cal. Rptr. 148 GERTRUDE COOPER, Plaintiff and Appellant, v. CLAUDE LEWIS BRAY et al., Defendants and Appellants; RUTH TASHMA, Defendant and Respondent. Docket No. L.A. 30865. Supreme Court of California. August 16, 1978. *843 COUNSEL Green, Royce & Seaman, Irving Green and Leonard Sacks for Plaintiff and Appellant. Buck, Molony, Nimmo & Ammirato, Buck...
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*862 Opinion Petitioner, who served as Treasurer of the State of California from 1959 to 1967, seeks a writ of mandate directing respondent Board of Administration (Board) of the Public Employees’ Retirement System to compute his retirement benefit on the basis of the salary payable to the present Treasurer, rather than on the basis of the highest salary received by petitioner during his te...
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Opinion This is an appeal by Rudine B. LeMons from a judgment exonerating respondents, Dr. Paul Ward and the Regents of the University of California, of any liability for medical malpractice. This court must decide whether the trial court committed prejudicial error in *872instructing the jury on the issue of contributory negligence when no evidence was introduced at trial to support such a charg...
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Opinion Plaintiffs appeal the decision of the trial court granting summary judgments in favor of defendants in consolidated personal injury actions. We affirm dismissal of the complaint against the individual defendants, but reverse the summary judgment granted to defendant County of Sacramento (County). The individual defendants are two police officers who, while acting within the s...
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21 Cal.3d 888 (1978) 582 P.2d 957 148 Cal. Rptr. 366 In re TONY C., a Person Coming Under the Juvenile Court Law. KENNETH F. FARE, as Acting Chief Probation Officer, etc., Plaintiff and Respondent, v. TONY C., Defendant and Appellant. Docket No. Crim. 20142. Supreme Court of California. August 24, 1978. *891 COUNSEL William T. Harter, under appointment by the Supreme Court, for Defendant and Appe...
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21 Cal.3d 910 (1978) 582 P.2d 980 148 Cal. Rptr. 389 WILLIAM NEAL, as Administrator, etc., Plaintiff and Appellant, v. FARMERS INSURANCE EXCHANGE, Defendant and Appellant. Docket No. L.A. 30775. Supreme Court of California. August 25, 1978. *917 COUNSEL Gage & Cooper, Sanford M. Gage, Aitken, Bradshaw & Andres, Wylie A. Aitken and Leonard Sacks for Plaintiff and Appellant. William Camusi,...
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Holding that exercise of a “due-on clause” upon outright sale of real property unreasonably restrains that sale, the majority opinion either misreads or rejects the very decisions on which it relies, particularly Tucker v. Lassen Sav. & Loan Assn. (1974) 12 Cal.3d 629 [116 Cal.Rptr. 633, 526 P.2d 1169]. Additionally, the majority opinion awards the owner of encumbered real property a bonus in that...
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*3 Opinion Appellant, Air Technical Industries, Inc., and respondent, Bruce G. Davis, were codefendants in this products liability action. Both were held strictly liable for damages caused by a defective elevator manufactured by Air Technical and sold by Davis. The trial court ordered Air Technical to indemnify Davis for all damages awarded to the plaintiff and to reimburse Davis...
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22 Cal.3d 12 (1978) 582 P.2d 1000 148 Cal. Rptr. 409 THE PEOPLE, Plaintiff and Respondent, v. WILLIAM HARRIS KING, Defendant and Appellant. Docket No. Crim. 20380. Supreme Court of California. August 29, 1978. *15 COUNSEL Paul N. Halvonik, State Public Defender, Clifton R. Jeffers, Chief Assistant State Public Defender, Ezra Henson and Tanya Neiman, Deputy State Public Defenders, for Defendant an...
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Opinion Plaintiff County of San Diego (County) brought an action in the Municipal Court for the San Diego Judicial District of San Diego County against defendant Alfredo G. Muniz to recover $1,763.02 paid to defendant as general assistance benefits. Judgment for the County followed a nonjury trial with the case submitted on the pleadings and the trial briefs. Defendant appeals. 1 The facts ...
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22 Cal.3d 38 (1978) 583 P.2d 113 148 Cal. Rptr. 588 THE PEOPLE, Plaintiff and Respondent, v. JOSEPH R. ORTIZ, Defendant and Appellant. Docket No. Crim. 20126. Supreme Court of California. August 30, 1978. *40 COUNSEL Paul N. Halvonik, State Public Defender, Charles M. Sevilla, Chief Assistant State Public Defender, Jonathan B. Steiner and Cheryl Lutz, Deputy State Public Defenders, for Defendant ...
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Opinion This is an appeal by the defendants Southern Pacific Company (Southern Pacific) and White Motor Corporation (White) from a judgment following a jury verdict in an action for personal injuries suffered by plaintiff Ramon Campbell who was employed as a driver for Pacific Motor Trucking Company (PMT). On the night of May 18, 1969, *55Campbell was seriously injured during the course of his em...
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Opinion In Theodor v. Superior Court (1972) 8 Cal.3d 77, 100-101 [104 Cal.Rptr. 226, 501 P.2d 234], we held that “pursuant to a motion under Penal Code section 1538.5, a defendant may challenge the factual veracity of an affidavit in support of a [search] warrant and if statements contained therein are demonstrated to be false and if the affiant was unreasonable in believing the truth of such inf...
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I respectfully dissent. As will appear, I would sustain petitioner’s challenge to the constitutionality of Labor Code section 3212.5 (unless otherwise indicated, all statutory references are to that code). Generally, under the Workers’ Compensation Act (§ 3201 et seq.) employees do not receive workers’ compensation for injuries which are not “proximately caused by the employment.” (§ 3600, subd. (...
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22 Cal.3d 126 (1978) 583 P.2d 711 148 Cal. Rptr. 857 OSWALD DAWKINS, Plaintiff and Respondent, v. CITY OF LOS ANGELES et al., Defendants and Appellants. Docket No. L.A. 30772. Supreme Court of California. September 15, 1978. *128 COUNSEL Burt Pines, City Attorney, John T. Neville, Thomas C. Hokinson, Assistant City Attorneys, and Daniel U. Smith, Deputy City Attorney, for Defendants and Appellant...
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Opinion Plaintiffs, Arthur and Susan Jones, are the owners of nine and one-half acres of Sacramento County land, fronting on Fair Oakk Boulevard. They purchased the property in 1963, and thereafter the Department of Public Works (now the Department of Transportation) announced plans to construct a freeway which would cross the northern portion of the property, requiring the acquisition of appro...
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Opinion This case presents a problem of conflict of laws. Plaintiff, a California corporation, sues for the loss of services of a “key” employee, whom defendant negligently injured on defendant’s premises in Louisiana. The trial court, applying Louisiana law, concluded that plaintiff could not maintain a cause of action against defendant, and accordingly dismissed the complaint. Plaintiff...
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Opinion The California Housing Finance Agency (Agency) seeks a writ of mandate compelling respondent, its chairperson and president, to print and issue revenue bonds in accordance with an Agency resolution adopted under the provisions of the Zenovich-Moscone-Chacon Housing and Home Finance Act (the Act) (Health & Saf. Code, § 50000 et seq. (former § 41000 et seq.); all statutory reference...
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22 Cal.3d 181 (1978) 583 P.2d 735 148 Cal. Rptr. 881 THE PEOPLE, Plaintiff and Respondent, v. ROBERT BENNETT ATCHISON, Defendant and Appellant. Docket No. Crim. 20086. Supreme Court of California. September 18, 1978. *182 COUNSEL Albert L. Gordon for Defendant and Appellant. Paul Halvonik, State Public Defender, Charles M. Sevilla, Chief Assistant State Public Defender, Richard A. Curtis, Deputy ...
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22 Cal.3d 187 (1978) 583 P.2d 737 148 Cal. Rptr. 883 THOMAS FREDRICK TAVERNETTI et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. L.A. 30895. Supreme Court of California. September 22, 1978. *188 COUNSEL Dean A. Goetz, under appointment by the Supreme Court, Livingston, Grant, Stone & Kay, Laurence D. Kay, Maureen C. McG...
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Opinion When a state employee submits a written resignation and then six days later withdraws it,- may his employer “accept” the resignation? The State Personnel Board and the Department of Water Resources, respondents here, answer Yes. They rely on section 525.11 of the board’s Personnel Transactions Manual (PTM), which reads: “An employee who resigns effective at some future date may withdraw...
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Opinion In these consolidated cases, we consider multiple constitutional challenges to an initiative measure which was adopted by the voters of this state at the June 1978 primary election. This measure, designated on the ballot as Proposition 13 and commonly known as the Jarvis-Gann initiative, added article XIII A to the California Constitution. Its provisions are set forth in their entirety in...
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22 Cal.3d 258 (1978) 583 P.2d 748 148 Cal. Rptr. 890 THE PEOPLE, Plaintiff and Respondent, v. JAMES MICHAEL WHEELER et al., Defendants and Appellants. Docket No. Crim. 20233. Supreme Court of California. September 25, 1978. *261 COUNSEL Edward I. Gritz, Halpern & Halpern and H. Russell Halpern for Defendants and Appellants. Paul N. Halvonik, State Public Defender, Clifton R. Jeffers, Chief As...
Views: 132
22 Cal.3d 296 (1978) 583 P.2d 774 148 Cal. Rptr. 915 THE PEOPLE, Plaintiff and Respondent, v. IVORY WAYNE JOHNSON, Defendant and Appellant. Docket No. Crim. 20313. Supreme Court of California. September 25, 1978. *297 COUNSEL Paul Halvonik, State Public Defender, Charles M. Sevilla, Chief Assistant State Public Defender, Martin Stein and Cheryl Lutz, Deputy State Public Defenders, for Defendant a...
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Opinion Seven years ago in Corwin v. Los Angeles Newspaper Service Bureau, Inc. (1971) 4 Cal.3d 842 [94 Cal.Rptr. 785, 484 P.2d 953] (Corwin I), we reversed a summary judgment against plaintiffs Harold Corwin and Allen Barr (Statewide) and held that they were entitled to a trial in their antitrust suit against defendant Los Angeles Newspaper Service Bureau...
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Opinion Charged with burglary, defendant argued that psychiatric reports showed that as a result of mental illness he lacked the specific intent required for conviction of that crime. Relying on a dictum in *321 People v. Wells (1949) 33 Cal.2d 330 [202 P.2d 53], the trial court reasoned that because the reports described defendant’s insanity as well as his ...
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While fully concurring in Justice Richardson’s dissenting opinion, I am compelled to emphasize the significance of the majority’s holding. Today’s majority opinion shatters California’s intricate and enlightened system of criminal responsibility, replacing it with a vague behavioral test to be determined by court psychiatrists. The venerable equations of right versus wrong, good versus evil, go do...
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Opinion In 1971, plaintiff Donna R. Schlichting instituted the underlying class action against defendant Civil Service Employees Insurance Company, seeking to recover damages resulting from the defendant’s refusal to pay benefits allegedly owed under a “medical expense” clause contained in an insurance policy. Plaintiff’s complaint alleged that although defendant had agreed to reimburse insureds ...
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22 Cal.3d 388 (1978) 584 P.2d 512 149 Cal. Rptr. 375 DOUGLAS C. HALE, Plaintiff and Respondent, v. JACK MORGAN, Defendant and Appellant. Docket No. S.F. 23641. Supreme Court of California. September 28, 1978. *392 COUNSEL Ralph E. Kingston for Defendant and Appellant. Atwell & Henderson, Robert M. Henderson and Michael N. Atwell for Plaintiff and Respondent. Felice A. Webster, Cary S. Reisman...
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I respectfully dissent. The aircraft liability policy involved in this case expressly applied only to those “occurrences or accidents” which happen during the policy period. The damages for which indemnity is sought herein concededly were incurred in a plane crash occurring after the policy had terminated. The accident allegedly resulted, however, from the insured’s negligence in maintaining and r...
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22 Cal.3d 419 (1978) 584 P.2d 524 149 Cal. Rptr. 387 In re RAMON M., a Person Coming Under the Juvenile Court Law. KENNETH F. FARE, as Acting Chief Probation Officer, etc., Plaintiff and Respondent, v. RAMON M., Defendant and Appellant. Docket No. Crim. 19933. Supreme Court of California. October 10, 1978. *421 COUNSEL Paul Halvonik, State Public Defender, and Charles M. Sevilla, Chief Assistant ...
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*436 Opinion Defendant, Phillip Neil Freeman, appeals from a judgment ordering him committed to the Youth Authority after a jury found him guilty of robbery (Pen. Code, § 211). Defendant, who relied solely upon an alibi defense, contends that the trial court erred in failing to instruct the jury, on its own motion, regarding the principles underlying that defense. As will appear, we have conc...
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22 Cal.3d 440 (1978) 584 P.2d 1088 149 Cal. Rptr. 482 THE STATE OF CALIFORNIA, Plaintiff and Respondent; CITY OF SAN LUIS OBISPO, Plaintiff and Appellant, v. SAN LUIS OBISPO SPORTSMAN'S ASSOCIATION et al., Defendants, Cross-complainants and Respondents; STATE DEPARTMENT OF PUBLIC HEALTH et al., Cross-defendants and Respondents; BOARD OF TRUSTEES OF CALIFORNIA STATE UNIVERSITY AND COLLEGES, Cross-...
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*460 Opinion In these consolidated cases only one issue is presented for our determination: May a person who is committed to the Department of Health following his acquittal of criminal charges because of insanity be held in the department’s custody for a period in excess of the maximum term provided for the underlying offense of which he was charged and acquitted? (See Pen. Code...
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22 Cal. 3d 493 (1978) 585 P.2d 219 149 Cal. Rptr. 597 HENRY G. SCHERLING, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. S.F. 23639. Supreme Court of California. October 20, 1978. *496 COUNSEL Sheldon Portman, Public Defender, and C. Randall Schneider, Deputy Public Defender for Petitioner. No appearance for Respondent. Evelle J...
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22 Cal.3d 508 (1978) 585 P.2d 851 150 Cal. Rptr. 1 MICHAEL HOYEM et al., Plaintiffs and Appellants, v. MANHATTAN BEACH CITY SCHOOL DISTRICT, Defendant and Respondent. Docket No. L.A. 30857. Supreme Court of California. October 25, 1978. *511 COUNSEL Morgan, Wenzel & McNicholas, Bruce A. Broillet and Darryl L. Dmytriw for Plaintiffs and Appellants. Harold Q. Longnecker, Ellis J. Horvitz, Edwar...
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Opinion We consider whether the Public Utilities Commission (Commission) has properly exercised its power and fulfilled its statutory obligations in ordering the implementation of a new method of measuring and assessing charges for local telephone service usage. (Pacific Telephone & Telegraph Co. (1977) 82 Cal.P.U.C. 162 (Dec. No. 87584).) We conclude that it has. Toward Utility Rate Normalizatio...
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22 Cal.3d 552 (1978) 586 P.2d 162 150 Cal. Rptr. 129 CIVIL SERVICE ASSOCIATION, LOCAL 400 et al., Plaintiffs and Appellants, v. CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Respondents. Docket No. S.F. 23621. Supreme Court of California. October 26, 1978. *554 COUNSEL Van Bourg, Allen, Weinberg & Roger and Stewart Weinberg for Plaintiffs and Appellants. Carroll, Burdick & McDon...
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Opinion In May 1974, pursuant to Public Utilities Code sections 489 and 491,1 General Telephone Company of California (General Telephone) filed with the Public Utilities Commission (Commission) certain changes in its tariffs for mobile telephone service. Rates were proposed for one-way radio-paging service in the Redlands/San Bernardino area. General Telephone previously had not offered that serv...
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I concur in the holding by the majority that traditional equal protection principles require that an individual accused by indictment of a public offense be afforded a post-indictment preliminary examination. I also agree with most of the discussion of my colleague, Justice Mosk, in part II of his concurring opinion. However, I am compelled to comment on those portions of Justice Mosk’s concurrenc...
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Opinion The People ask us to consider whether a magistrate abused his discretion in denying a motion to dismiss a criminal complaint under Penal Code section 1385 when the defendant opposed the motion, and the sole ground for the motion was that the prosecutor who filed the original complaint and thus invoked the magistrate’s jurisdiction had subsequently obtained an indictment charging the same d...
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22 Cal.3d 626 (1978) 586 P.2d 942 150 Cal. Rptr. 461 IRA JAMES BAUGUESS, Plaintiff, v. WEBSTER PAINE et al., Movants and Respondents; MAXIM N. BACH, Objector and Appellant. Docket No. S.F. 23764. Supreme Court of California. November 16, 1978. *630 COUNSEL Maxim B. Bach, in pro. per., Bach & Bach and Timothy J. Evans for Objector and Appellant. Marshall W. Krause, Krause, Baskin & Shell, ...
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Opinion These consolidated cases involve the Rancho Del Dios subdivision in West-central San Diego County. On December 10, 1974, the Board of Supervisors of San Diego County approved a tentative subdivision map providing for one-acre lots, a land use permitted by the then zoning and general plan. On December 31, however, the county amended its general plan to limit density for Rancho Del ...
Views: 16
22 Cal.3d 658 (1978) 586 P.2d 564 150 Cal. Rptr. 250 JUDSON STEEL CORPORATION, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and RALPH MAESE, Respondents. Docket No. L.A. 30876. Supreme Court of California. November 21, 1978. *661 COUNSEL Zonni, Ginocchio & Taylor and Ben F. Taylor for Petitioner. Charles Lawrence Swezey, Philip M. Miyamoto, Thomas J. McBirnie, Raymond G. Agnew and Stanl...
Views: 49
Opinion The trial court denied defendants’ motion for summary judgment in an action for libel, and they seek a writ of mandate to compel the court to grant the motion. *677At the time the allegedly libelous publication appeared, Thomas A. Hogard, real party in interest, was a councilman in the City of Seal Beach. The article was written by the vice president of a citizens’ organization known as t...
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Opinion Petitioners Erin Lee and Walker Edmiston are defendants in an underlying action for personal injuries brought by real parties in interest Sherrie and John Lagomarsino (hereinafter plaintiffs). Petitioners (hereinafter defendants) moved in respondent court for an order directing *701plaintiff Sherrie Lagomarsino to submit to an independent medical examination. The court granted the motion o...
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Opinion We review recommendation of Disciplinary Board of the State Bar that petitioner Arthur A. Worth be disbarred. (Bus. & Prof. Code, § 6083, subd. (a); Cal. Rules of Court, rule 952(a).) Such recommendation is grounded on misappropriation of client’s funds and presentation of false and fabricated testimony to the hearing panel, as found by the disciplinary board. Petitioner, adm...
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Opinion Defendant Darlene Diaz appeals from a judgment (order granting probation) entered after a jury found her guilty of aiding *714 and abetting an escape by a prisoner (Pen. Code, § 4532, subd. (b)) and conspiracy to commit an escape by a prisoner (id., § 182). (All statutory references are to the Penal Code unless otherwise noted.) As will appear, we have concluded that the judgment mu...
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Opinion Defendant Thompson Turney appeals from a judgment in the net amount of $62,200 plus costs entered following a jury verdict in an action for fraud in the sale of real property. Plaintiffs Edward E. and Claire T. Stout have filed a cross-appeal urging that they should have been awarded attorneys fees. For reasons to be stated below, we affirm the judgment in its entirety. Plain...
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*733Opinion Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194 [124 Cal.Rptr. 14, 539 P.2d 774] held that a permanent civil service employee may not be dismissed unless, “[a]s a minimum . . . preremoval safeguards . . . include notice of the proposed action, the reasons therefor, a copy of the charges and materials upon which the action is based, and the right to respond, either orally or in writi...
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*743 Opinion Proceeding to review recommendation of the Disciplinary Board of the State Bar that petitioner Sanford S. Arnoff be suspended from practice of law for a period of two years. Petitioner entered a guilty plea on January 28, 1975, to charges of violating Penal Code section 182, subdivision 1 (conspiracy to commit capping in violation of Bus. & Prof. Code, § 6152). ...
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I concur in the majority opinion insofar as it holds an applicant for probation has no right to cross-examine the Department of Corrections employees preparing the diagnostic report or to introduce expert testimony challenging the methodology they employed. I join Justice Richardson in dissenting from the majority opinion insofar as it holds that, generally, a plea bargain is impliedly conditioned...
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Opinion In these consolidated appeals we must decide whether indigent defendants charged with possession of less than an ounce of marijuana (Health & Saf. Code, § 11357, subd. (b)) are entitled to the assistance of appointed counsel and to trial by jury. In separate mandate proceedings the superior court held that such defendants are entitled to those rights on the ground that the offense...
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Opinion Elections Code section 20084 provides that in an election contest the court shall open and recount the ballots at trial if the statement filed by the contestant appears to make a recount “necessary for the proper determination of the contest.” 1 The issue we are asked to resolve is whether a contestant may compel a recount under this section as a matter of right if the ground upon whi...
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22 Cal.3d 776 (1978) 588 P.2d 239 151 Cal. Rptr. 537 PRUDENTIAL INSURANCE COMPANY OF AMERICA, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, THOMAS WRIGHT et al., Respondents Docket No. L.A. 30784. Supreme Court of California. December 15, 1978. *777 COUNSEL Adams, Duque & Hazeltine, James H. Fleming and Richard A. Haft for Petitioner. Pillsbury, Madison & Sutro, Noble K. Gregory, Wa...
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*794Opinion With regard to church-state relations the California declaration of rights proclaims first, “Free exercise and enjoyment of religion without discrimination or preference are guaranteed”; second, there shall be “no law respecting ah establishment of religion”; third, “Rights guaranteed by this Constitution are not dependent on those guaranteed by the United States Constitution.” (Cal. ...
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Opinion Two cases are consolidated in this appeal. In superior court No. A610763, the judgment of conviction of first degree burglary (Pen. Code, §§ 459, 460) must be reversed because the trial court denied defendant’s timely pretrial motion for substitution of appointed counsel without giving defendant an opportunity to state the specific grounds for his dissatisfaction with counsel. 1 (Peo...
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Opinion We must determine whether the principles of comparative negligence prescribed in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 [119 Cal.Rptr. 858, 532 P.2d 1226, 78 A.L.R.3d 393], are to be applied to the adjudication of employers’ subrogation rights within the workers’ compensation system. In particular, we consider whether Witt v. Jackson (1961) 57 Cal.2d 57 [17 Cal.Rptr. 369, 366 P.2d 641]...
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Opinion By this action plaintiffs, the widow and the son of a victim of a killing, sue to recover from the liability insurer of the slayer the amount of a wrongful death judgment obtained against him. Following a jury verdict the trial court entered judgment against the defendant insurer, but it subsequently granted defendant’s motion for new trial, tendered on all issues, on the sole iss...
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*895Opinion On this appeal from a judgment of conviction entered on his plea of guilty, defendant William Lilienthal seeks review of the validity of the seizure of evidence from his person and automobile. A preliminary question that must be decided is whether defendant is entitled to appellate review of the issue. Although we conclude that the appeal lies under Penal Code section 1538.5, subdivis...
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Opinion The controversy in this case arises out of the overlapping jurisdiction of municipal courts and the California Agricultural Labor Relations Board (ALRB) in instances in which an employer seeks to evict an employee from company-owned housing in the midst of an agricultural labor dispute. Both the employer-landlord and the employee-tenants agree that under the Agricultural Labor Rel...
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22 Cal. 3d 918 (1978) 587 P.2d 712 150 Cal. Rptr. 916 In re DANNY T., a Person Coming Under the Juvenile Court Law. KENNETH F. FARE, as Acting Chief Probation Officer, etc., Plaintiff and Respondent, v. DANNY T., Defendant and Appellant. Docket No. Crim. 20154. Supreme Court of California. December 21, 1978. *919 COUNSEL Paul Halvonik, State Public Defender, and Charles M. Sevilla, Chief Assistan...
Views: 1
22 Cal.3d 923 (1978) 587 P.2d 723 151 Cal. Rptr. 6 PATRICIA ANN MILLER, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; HARRY MAURICE MILLER, Real Party in Interest. Docket No. L.A. 30816. Supreme Court of California. December 22, 1978. *925 COUNSEL Dietsch, Gates, Morris & Merrell and Brownell Merrell, Jr., for Petitioner. Brigitte M. Bodenheimer as Amicus Curiae on beha...
Views: 9
23 Cal.3d 1 (1978) 587 P.2d 1136 151 Cal. Rptr. 323 C & K ENGINEERING CONTRACTORS, Plaintiff and Respondent, v. AMBER STEEL COMPANY, INC., Defendant and Appellant. Docket No. S.F. 23837. Supreme Court of California. December 22, 1978. *4 COUNSEL Di Giorgio, Davis & Klein and V.P. Di Giorgio for Defendant and Appellant. Gill & Baldwin, Samuel D. Hale, Jr., and Leroy M. Gire for Plainti...
Views: 8
Opinion In this case we must reconcile two sections of the Meyers-Milias-Brown Act (MMBA). 1 Section 3500 declares that the MMBA shall not supersede local charters, ordinances, and rules that establish civil service systems or other methods of administering employer-employee relations. 2 Section 3505 requires governing bodies of local agencies or their properly designated representatives to...
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Opinion The Disciplinary Board of the State Bar of California has recommended that petitioner be suspended from the practice of law for six months. We accept the board’s recommendation. Petitioner was admitted to the practice of law in California in 1955 and has no prior record of discipline. According to petitioner’s own admission, “In January of 1970 petitioner was hired to represent one Lela L...
Views: 0
Opinion We review, and approve, the recommendation of the majority of the Disciplinary Board of the State Bar (board) that petitioner Mike Mayo should be suspended from the practice of law for four months. Petitioner was admitted to practice in January 1953 and has had no prior disciplinary record. After a lengthy hearing, the board found that petitioner had represented a client in the probate ad...
Views: 6
23 Cal.3d 77 (1978) 588 P.2d 765 151 Cal. Rptr. 625 THE PEOPLE, Plaintiff and Respondent, v. TIMOTHY NEAL HOLLAND, Defendant and Appellant. Docket No. Crim. 19988. Supreme Court of California. December 29, 1978. *80 COUNSEL Timothy Neal Holland, in pro. per., for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Ass...
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*73 Opinion The Commission on Judicial Performance, following a factual stipulation in lieu of hearing, receipt of documentaiy evidence in mitigation, and oral argument, found that despite an informal admonition by the commission, between 1971 and 1977 Judge Arden T. Jensen repeatedly failed to decide within 90 days cases that had been submitted to him for decision, and that he nevertheless r...
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Opinion In this proceeding, the Commission on Judicial Performance has filed its record and recommendation that Judge Charles Robert Roick be retired for disability within the meaning of California *75Constitution, article VI, section 18, subdivision (c)(1). Judge Roick, through his conservator, has waived review and requested the immediate entry of an appropriate order. Accordingly, it is hereby ...
Views: 0

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