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All Reporters → cal-lexis → Volume 1984

Opinions in cal-lexis Volume 1984

37 Cal. 3d 1 (1984) 686 P.2d 1177 206 Cal. Rptr. 373 RICHARD G. ALBERTON, Petitioner, v. THE STATE BAR OF CALIFORNIA, Respondent. Docket No. S.F. 24703. Supreme Court of California. September 20, 1984. *5 COUNSEL Richard G. Alberton, in pro. per., and Peter diDonato for Petitioner. Herbert M. Rosenthal, Truitt A. Richey, Jr., and Richard J. Zanassi for Respondent. OPINION THE COURT. The Review De...
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*20 Opinion This is a proceeding to review the recommendation of the State Bar that petitioner, Mitchell Barry Smith, be suspended from the practice of law for four years, that execution of the suspension be stayed, and that he be placed on probation for four years. The recommended conditions of probation include actual suspension for one year and compliance with rule 955, California Rules of...
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Opinion On petition of Judge Marion E. Gubler of the Municipal Court for the Burbank Judicial District of Los Angeles County, we review a recommendation of the Commission on Judicial Performance that he be publicly censured for “wilful misconduct in office” and “conduct prejudicial to the administration of justice that brings the judicial office into disrepute.” (hereinafter wilful misconduct and ...
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Opinion We are asked to determine whether the trial court erred in terminating a natural father’s parental rights by considering only *68the best interests of the child without first considering whether an award of custody to him would be detrimental to the child. We conclude Civil Code section 46001 is applicable to all section 7017, subdivision (d) termination proceedings and reverse the judgmen...
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Opinion Defendant was convicted of the wilful, deliberate and premeditated first degree murders of Cheryl G. and Adele C. (Pen. Code, §§ 187, 189.)1 As special circumstances the jury found that the murder of Cheryl was committed during the commission or attempted commission of rape (§ 261, subd. (2)) and of lewd or lascivious conduct on a child under the age of 14 (§ 288); that the murder of Adel...
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37 Cal.3d 97 (1984) 688 P.2d 894 207 Cal. Rptr. 285 JEROME J. NASH, Plaintiff and Respondent, v. CITY OF SANTA MONICA et al., Defendants and Appellants. Docket No. L.A. 31798. Supreme Court of California. October 25, 1984. *99 COUNSEL Robert M. Myers, City Attorney, Stephen S. Stark, Assistant City Attorney, Karl M. Manheim and Susan L. Carroll, Deputy City Attorneys, Michael Heumann, Stephen P. ...
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Opinion We review a recommendation of the Review Department of the State Bar Court that Robert A. Tarver, petitioner, be disbarred from the practice of law in the State of California. In three separate instances, petitioner was found, inter alia, to have commingled and misappropriated client funds, signed a settlement draft and release without authorization, and charged an unconscionable ...
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37 Cal.3d 136 (1984) 689 P.2d 430 207 Cal. Rptr. 800 THE PEOPLE, Plaintiff and Respondent, v. MARCELINO RAMOS, Defendant and Appellant. Docket No. Crim. 21352. Supreme Court of California. November 1, 1984. *141 COUNSEL Alan M. Caplan, under appointment by the Supreme Court, Bushnell, Caplan, Fielding & Rudy, Quin Denvir, State Public Defender, Ezra *142 Hendon, Alice V. Collins and Diane M. ...
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Opinion This court reviews and adopts a recommendation of the State Bar that petitioner Regis Michael Possino be disbarred following his conviction of a crime involving moral turpitude. (Bus. & Prof. Code, §§ 6101, 6102; Cal. Rules of Court, rule 951.) 1 Petitioner was admitted to practice in 1972. He was privately reproved in 1976 for wrongfully causing an employee to make a...
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Opinion In our recent decision in American Bank & Trust Co. v. Community Hospital (1984) 36 Cal.3d 359 [204 Cal.Rptr. 671, 683 P.2d 670], *177we reviewed a wide-ranging constitutional challenge to one provision of the Medical Injury Compensation Reform Act of 1975 (MICRA), a section which authorized the periodic payment of damages in medical malpractice actions. (Code Civ. Proc., § 667.7.) We con...
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*190Opinion Is a surviving putative spouse entitled to succeed to a share of his or her decedent’s separate property under the Probate Code? I. On April 22, 1972, William Garvin and Fay Reah Leslie were married in Tijuana, Mexico. The marriage was invalid because it was never recorded as required by Mexican law.1 However, Garvin believed that he and Leslie were validly married. The couple lived t...
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37 Cal. 3d 205 (1984) 689 P.2d 453 207 Cal. Rptr. 823 PATRICIA MacGREGOR, Plaintiff and Respondent, v. UNEMPLOYMENT INSURANCE APPEALS BOARD, Defendant and Appellant; EMPLOYMENT DEVELOPMENT DEPARTMENT et al., Real Parties in Interest and Respondents. Docket No. S.F. 24706. Supreme Court of California. November 8, 1984. *207 COUNSEL George Deukmejian and John K. Van de Kamp, Attorneys General, Char...
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Opinion Following a jury trial the Superior Court of Ventura County entered a judgment convicting Arthur Manuel Avalos of murder in the second degree with use of a firearm, and of two counts of assault with a deadly weapon, both involving use of a firearm and infliction of great bodily injury. The primary issue presented by this appeal is whether the trial court erred when it (1) instructed the ju...
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Opinion Is the Workers’ Compensation Appeals Board precluded by Labor Code section 5811 from awarding printing costs incurred by an em *237 ployee in answering a petition for writ of review summarily denied by an appellate court? I. Petitioner, Arthur E. Johnson, sustained work-related back injuries in 1972 and 1977 while employed as a ramp serviceman for respondent...
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Opinion Petitioners seek a writ of mandate to review a ruling of the Marin County Superior Court denying their motion for summary judgment. Petitioners are codefendants in a suit for libel and related causes of action filed by the Synanon Church (Synanon) and Charles Dederich, its founder. Plaintiffs allege that they were defamed in an article written by David MacDonald, an employee ...
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Opinion Petitioners David and Cathy Mitchell seek a writ of prohibition to prevent the Marin County Superior Court from enforcing a discovery order requiring petitioners to produce documents revealing confidential sources of information. Their petition brings before this court for the first time the question whether in a civil action a newsperson has a privilege to refuse to reveal confid...
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Opinion The San Francisco Foundation seeks a writ of mandate to compel respondent Marin County Superior Court either to order proceedings pertaining to the “Buck trust” transferred to a county outside the San Francisco Bay Area or to request the Chairperson of the Judicial Council to assign a disinterested judge from a neutral county to hear the proceedings. We shall conclude that a writ ...
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37 Cal.3d 302 (1984) 690 P.2d 669 208 Cal. Rptr. 196 THE PEOPLE, Plaintiff and Respondent, v. RICHARD DEAN TURNER, Defendant and Appellant. Docket No. Crim. 21456. Supreme Court of California. November 21, 1984. *308 COUNSEL Fred Baker, under appointment by the Supreme Court, for Defendant and Appellant. John K. Van de Kamp and George Deukmejian, Attorneys General, Robert H. Philibosian and Steve...
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*355 Opinion We address here a contention that is increasingly heard in the courts of California and our sister jurisdictions, i.e., that it may be an abuse of discretion to exclude the testimony of a psychologist who is a qualified expert witness on psychological factors shown by the evidence that may affect the accuracy of an eyewitness identification of the defendant. As will ...
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37 Cal.3d 385 (1984) 690 P.2d 635 208 Cal. Rptr. 162 THE PEOPLE, Plaintiff and Respondent, v. JON MATTHEW GUERRA et al., Defendants and Appellants. Docket No. Crim. 22327. Supreme Court of California. November 21, 1984. *390 COUNSEL Charles V. Weedman, under appointment by the Supreme Court, Michael Ian Garey, Garey & Bonner, Crosby, Garey & Bonner and Thomas F. Crosby, Jr., for Defendant...
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Opinion Defendant Steven Vincent Holt was convicted on one count of first degree murder (Pen. Code, § 187) with the use of a deadly weapon (id., § 12022.5) and one count of robbery (id., § 211) with the use of a deadly weapon (id., § 12022.5). Under the 1978 death penalty law, a special circumstance that the murder occurred while Holt engaged in and was an accomplice in the commission of a robbery...
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37 Cal.3d 465 (1984) 690 P.2d 701 208 Cal. Rptr. 228 PARDEE CONSTRUCTION COMPANY, Plaintiff and Appellant, v. CITY OF CAMARILLO et al., Defendants and Respondents. Docket No. L.A. 31777. Supreme Court of California. December 6, 1984. *466 COUNSEL Sandler & Rosen and Charles L. Birke for Plaintiff and Appellant. Royal M. Sorensen and Colin Lennard, City Attorneys, Burke, Williams & Sorense...
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Opinion Do the special venue provisions of the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12965, subd. (b)) control over the general venue provisions of Code of Civil Procedure section 395, subdivision (a) where both FEHA and non-FEHA causes of action are alleged? I. Petitioners, Andrew Brown, Charles Jones and Sam George, were employed by real parties in interest, C.C. Myers...
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37 Cal.3d 491 (1984) 691 P.2d 989 209 Cal. Rptr. 323 THE PEOPLE, Plaintiff and Appellant, v. WILLIE LEE HILL, Defendant and Respondent. Docket No. Crim. 23648. Supreme Court of California. December 6, 1984. *493 COUNSEL John K. Van de Kamp, Attorney General, Robert R. Granucci, Ann K. Jensen and Maria J. Fonseca, Deputy Attorneys General, for Plaintiff and Appellant. Sheldon Portman, Public Defen...
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37 Cal.3d 502 (1984) 691 P.2d 606 208 Cal. Rptr. 850 WESTERN OIL AND GAS ASSOCIATION et al., Plaintiffs and Respondents, v. AIR RESOURCES BOARD et al., Defendants and Appellants. Docket No. L.A. 31585. Supreme Court of California. December 17, 1984. *506 COUNSEL George Deukmejian, Attorney General, R.H. Connett, Assistant Attorney General, and Joel S. Moskowitz, Deputy Attorney General, for Defen...
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Opinion Section 669 of the Evidence Code sets forth the doctrine commonly called negligence per se. It provides that negligence of a person is *545 presumed if he violated a statute or regulation of a public entity, if the injury resulted from an occurrence that the regulation was designed to prevent, and if the person injured was within the class for whose protection the reg...
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Opinion Does the “going and coming rule” preclude an award of workers’ compensation benefits to an employee who is injured while waiting for his place of employment to open? I. Approximately 7:50 a.m. on June 20, 1980, petitioner, Andrew Leo Price, was injured outside his place of employment. Price had arrived at work at 7:45 a.m. Since no lot was provided for employee parking, Price parked his c...
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Opinion This is an automatic appeal from a judgment imposing a penalty of death under the 1978 death penalty law. (Pen. Code, § 190.1 et seq.; see Pen. Code, § 1239, subd. (b).) 1 Appellant, Joseph Armendariz, was charged with killing Joe Velasquez, the father of his common law wife Alice Velasquez. The prosecution contended that appellant killed Velasquez during the commissi...
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Opinion Petitioners, plaintiffs below, seek a writ of mandate ordering respondent superior court to vacate its order compelling plaintiff Bette Gae Mitchell to answer certain questions propounded to her by defendant real parties in interest at her deposition, which she declined to answer on instructions of counsel. The principal issues presented by this case *595 are whether ...
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Opinion Under California law, a vacancy in the office of a justice of the Supreme Court is filled by appointment of the Governor. Thereafter, at a general election in which the appointee runs unopposed, the voter is asked *614whether the Governor’s appointment should be confirmed. (Cal. Const., art. VI, § 16.) Section 6 of article II (hereinafter section 6) provides, “Judicial, school, county, and...
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37 Cal.3d 644 (1984) 693 P.2d 261 209 Cal. Rptr. 682 ALEXANDRA FISHER et al., Plaintiffs and Appellants, v. CITY OF BERKELEY et al., Defendants and Respondents. Docket No. S.F. 24675. Supreme Court of California. December 27, 1984. *651 COUNSEL James R. Parrinello, John E. Mueller, Christiane T. Riess, Dobbs & Nielsen, Nielsen, Hodgson, Parrinello & Mueller and Peter J. Donnici for Plaint...
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Opinion We granted a hearing in this case to resolve a conflict among the Courts of Appeal regarding the question whether civil liability for personal injuries may be predicated on the sale or furnishing of alcoholic beverages to a minor who is not obviously intoxicated. We conclude that no liability exists in such a case, that the trial court properly sustained defendants’ general demurrer, and ...
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Opinion Defendant Jerry Bigelow was convicted of the first degree murder, robbery, and kidnaping of John Cherry. The jury found that *738Bigelow was armed with and used a firearm during the commission of these crimes. It further found four special circumstances under the 1978 death penalty initiative; (1) intentional murder for financial gain (Pen. Code, § 190.2, subd. (a)(1));1 (2) murder for the...
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OPINION Is a spouse, who has made economic sacrifices to enable the other spouse to obtain a professional education, entitled to any compensation for his or her contribution upon dissolution of the marriage? I. Janet and Mark Sullivan were married in September of 1967. The following year, Mark (respondent) entered medical school at Irvine and Janet (appellant) began her final year of undergraduat...
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37 Cal.3d 772 (1984) 691 P.2d 1026 209 Cal. Rptr. 360 PRESS-ENTERPRISE COMPANY, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; ROBERT RUBANE DIAZ, Real Party in Interest. Docket No. L.A. 31876. Supreme Court of California. December 31, 1984. *773 COUNSEL Thompson & Colegate, James D. Ward and Sharon J. Waters for Petitioner. Edward J. McIntyre, Marilyn L. Huff, John Allcoc...
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Opinion This personal injury lawsuit presents two issues for resolution. First, is a postaccident warning alerting consumers to take safety precautions in using a product admissible in a strict liability action against a manufacturer? Second, may a trial court utilize a remittitur to reapportion liability among the parties if it concludes that the jury’s apportionment is not supported by the evid...
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Opinion Appellant Trudy Ann Hall challenges the constitutionality of the rule of Evidence Code section 621, subdivision (a), that “the issue of a *463wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage.”1 Hall contends that application of the presumption to bar her from proving that Willis Cornelious, deceased, was in fact her na...
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Opinion —Defendant appeals from a judgment of conviction entered on his plea of guilty to a charge of receiving stolen property. He contends that he was detained and searched illegally, and that the trial court erred in denying his motion to suppress the evidence obtained in that search (Pen. Code, § 1538.5, subd. (m)). We conclude that the contention is meritorious and that the judgment must be r...
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35 Cal.3d 483 (1984) 674 P.2d 750 198 Cal. Rptr. 779 COUNTY OF LOS ANGELES, Plaintiff and Appellant, v. ENRIQUE ALVAREZ SOTO, Defendant and Respondent. Docket No. L.A. 31678. Supreme Court of California. January 30, 1984. *485 COUNSEL John K. Van de Kamp and Robert H. Philibosian, District Attorneys, Harry B. Sondheim, Donald J. Kaplan and Sterling S. Suga, Deputy District Attorneys, for Plaintif...
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Opinion We granted a hearing in this case in order to resolve a conflict in the decisions of the Courts of Appeal on whether a party who obtains a *502 judgment against a fiduciary for fraud is entitled to recover attorney fees as an element of the damages incurred. Walters v. Marler (1978) 83 Cal.App.3d 1, 30 [147 Cal.Rptr. 655], held that the victim of...
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Opinion Defendant appeals from a judgment imposed on a jury verdict finding him guilty of second degree burglary. (Pen. Code, § 459.)1 His principal contention is that the trial court erred in refusing to instruct the jury, in accordance with defendant’s theory of the case, that he could be convicted of vandalism (§ 594), a related offense not necessarily included in burglary.2 We find merit in th...
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Opinion Defendant Wayne A. Shaw appeals from a judgment revoking probation. After a guilty plea to a charge of robbery (Pen. Code, § 211), defendant was sentenced on February 25, 1980, to a prison term of three years. Execution of sentence was suspended and probation was granted on condition that defendant enroll in an alcohol treatment program at Liberation House in San Francisco for a minimum of...
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Opinion Timothy Mark Beeman appeals from a judgment of conviction of robbery, burglary, false imprisonment, destruction of telephone equipment and assault with intent to commit a felony (Pen. Code, §§211, 459, 236, 591, 221). Appellant was not present during commission of the offenses. His conviction rested on the theory that he aided and abetted his acquaintances James Gray and Michael Burk. The ...
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Opinion We granted a hearing in this case to consider whether one who acquires a valid prescriptive easement over another’s property nonetheless may be required to compensate that person for either (1) the fair market value of the easement, or (2) the cost of removing or relocating any encroaching structures which interfere with use of the easement. We conclude that the statutes which define and ...
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35 Cal.3d 582 (1984) 676 P.2d 1060 200 Cal. Rptr. 38 ELEANOR M. KAGAN, Plaintiff and Appellant, v. GIBRALTAR SAVINGS AND LOAN ASSOCIATION et al., Defendants and Respondents. Docket No. L.A. 31679. Supreme Court of California. March 19, 1984. *586 COUNSEL Levin, Ballin, Plotkin & Zimring, Jay Plotkin and Justin Graf for Plaintiff and Appellant. Richard A. Elbrecht and Paul Griebel as Amici Cur...
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Opinion Appellant, Shirley Jones Cassidy, seeks a determination that she, rather than the executor of the estate of Jack Cassidy, is exclusively entitled to the proceeds of a policy insuring the life of her former husband. The issue is whether the written designation of Ms. Cassidy as beneficiary is effective in light of a subsequently entered property settlement agreement between appellant and t...
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Opinion Plaintiff Ceola Nunn, administratrix of the estate of Jethro G. Nunn, appeals from a judgment on the pleadings in favor of defendants State of California (State); Douglas Faigin, as head of the Bureau of Collection and Investigative Services; and the Los Angeles Community College District (District). The immunity provisions set forth in the California Tort Claims Act, we hold...
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35 Cal.3d 629 (1984) 677 P.2d 854 200 Cal. Rptr. 448 THE PEOPLE, Plaintiff and Appellant, v. TERRY L. SLAUGHTER, Defendant and Respondent. Docket No. Crim. 22896. Supreme Court of California. March 22, 1984. *632 COUNSEL George Deukmejian and John K. Van de Kamp, Attorneys General, Robert H. Philibosian, Chief Assistant Attorney General, William D. Stein, Assistant Attorney General, Ronald E. Niv...
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Opinion In 1979 petitioners Baker and Lamport were convicted on charges arising out of separate incidents of oral copulation of a minor (Pen. Code, § 288a) and committed for three years to the Department of Mental Health as mentally disordered sex offenders (MDSO’s), the commitments to expire in April 1982. In 1977 petitioner Couch was convicted of lewd and lascivious conduct with a child...
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Opinion Is a worker disqualified from collecting unemployment insurance benefits when she has been discharged for wilfully refusing to perform work which she reasonably and in good faith believed would jeopardize the health of others? I. Nelly Amador appeals from a judgment of the superior court rejecting her petition for a writ of mandate. She sought to compel the Unemployment Insurance Appeals B...
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35 Cal.3d 691 (1984) 677 P.2d 1147 200 Cal. Rptr. 870 MICHAEL FINN, a Minor, etc., Plaintiff and Appellant, v. G.D. SEARLE & COMPANY et al., Defendants and Respondents. Docket No. L.A. 31388. Supreme Court of California. March 29, 1984. *694 COUNSEL Heily, Blase, Ellison & Wellcome, Heily, Blase & Ellison, David R. Ellison and Richard C. Gilman for Plaintiff and Appellant. Leonard Sac...
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Opinion Under a formula first adopted by the Agricultural Labor Relations Board (ALRB or Board) in Sunny side Nurseries, Inc. (1977) 3 A.L.R.B. No. 42, backpay owed an unlawfully discharged employee for a particular day may be offset only by wages earned in outside employment on that same day. We granted hearing to consider the contention of Nish Noroian Farms (Noroian) that th...
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Opinion At issue is whether defendant California Department of Social Services’ policy of treating income tax refunds as income for purposes of reducing the amount of assistance paid to recipients of aid to families with dependent children (AFDC) comports with applicable state and federal laws governing administration of the AFDC program. As we explain, we find the policy is inconsistent with the...
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Opinion Is an accused “brought to trial” within the meaning of Penal Code section 1382 when the trial court impanels a jury on the last day for *775 trial permitted by that statute but the case cannot proceed due to court congestion? I. A complaint was filed May 22, 1981, 1 charging Stanley Rhinehart with driving while under the influence of alcohol, a misdemeanor violation of former se...
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35 Cal.3d 785 (1984) 677 P.2d 1198 200 Cal. Rptr. 908 THE PEOPLE, Plaintiff and Respondent, v. MARCELLO MATA AGUILAR, Defendant and Appellant. Docket No. Crim. 23237. Supreme Court of California. April 5, 1984. *787 COUNSEL Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Lisa Short, Deputy State Public Defender, for Defendant and Appellant. George Deukmejian and ...
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Opinion Defendant appeals from a judgment convicting her of second degree murder (Pen. Code, § 187), 1 felony child abuse (§ 273a, subd. (1)), and child beating (§ 273d). The court sentenced her to imprisonment for 15 years to life on the murder count (§ 190) and stayed service of sentence on the 2 remaining counts to avoid double punishment (§ 654). The principal issue on appe...
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Opinion Defendant, State Board of Equalization (Board), appeals from a judgment in a consolidated action in favor of plaintiffs, Ontario *814 Community Foundation, Inc. (Ontario) and National Medical Convalescent Hospital of San Diego, Inc. (NMCH). The judgment awards a refund of sales tax assessed on the transfer of hospital fiirnishings and equipment made as part of the sal...
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35 Cal.3d 824 (1984) 678 P.2d 894 201 Cal. Rptr. 319 THE PEOPLE, Plaintiff and Respondent, v. STANLEY BURROUGHS, Defendant and Appellant. Docket No. Crim. 23151. Supreme Court of California. April 19, 1984. *826 COUNSEL William A. Wright and Estelle A. Schleicher for Defendant and Appellant. George Deukmejian and John K. Van de Kamp, Attorneys General, Robert H. Philibosian, Chief Assistant Attor...
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Opinion Appellants, the owners and prospective owner of a 42-unit apartment building in the City of Santa Monica,1 appeal from a judgment upholding the city’s denial of their claim of a vested right to remove the apartments from the rental housing market by converting the apartments to condominiums, without obtaining a permit for such removal under Santa Monica’s rent control law. Appellants rest...
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Opinion May the state disadvantage citizen children eligible for governmental assistance on the basis that they live with their brothers *875and sisters who are undocumented aliens? We hold that the equal protection clause of the California Constitution does not permit that disparate treatment. Bernadette Obando Darces is an undocumented alien and working mother whose income is insufficient to me...
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I concur in the judgment. Under Education Code section 35014,1 a local school district may only adopt rules which are “not inconsistent with law or with the rules prescribed by the State Board of Education.” The local fees for extracurricular activities at issue here conflict with an administrative regulation—title 5, section 350 of the California *920Administrative Code—prescribed by the State Bo...
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Opinion The father of Jerald C., a minor, appeals from an order requiring reimbursement to the County of Santa Clara for the costs of the care and support of Jerald while in custody. Jerald was declared a ward of the court pursuant to Welfare and Institutions Code section 6021 and was placed in custody at juvenile hall and boys ranch. He was subsequently committed to the California Youth Authority...
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36 Cal.3d 15 (1984) 679 P.2d 14 201 Cal. Rptr. 580 UNION CARBIDE CORPORATION et al., Petitioners, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; VILLMAR DENTAL LABS, INC., et al., Real Parties in Interest. Docket No. S.F. 24462. Supreme Court of California. April 20, 1984. *18 COUNSEL Robert D. Raven, Samuel R. Miller, James P. Bennett, Penelope A. Preovolos, Morrison ...
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With reluctance I concur in the judgment for reversal. The reasons for my reluctance, and my concurrence, I explain below. I agree with Justice Broussard’s plurality opinion that the defendant should be deemed to have established a prima facie case that he was deprived of his right under federal and state Constitutions to a trial by an impartial jury drawn from a fair cross-section of the communit...
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Opinion After a jury trial, defendant David Tassell was convicted of kidnaping (Pen. Code, § 207), rape (Pen. Code, § 261, subds. (2), (3)), and forcible oral copulation (Pen. Code, § 288a). He appeals, contending that the trial court erred in two respects: (1) by admitting evidence of two earlier sex offenses; and (2) by using prior convictions twice to enhance the sentence. We affirm the convict...
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Opinion May the police, acting without a search warrant, 1 obtain from a telephone company the name and address of an unlisted telephone sub *104 scriber when they suspect the telephone may be used for an unlawful activity? I. On December 5, 1980, a confidential informant contacted Detective Maul-din of the San Bernardino County Sheriff’s Department and c...
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36 Cal.3d 116 (1984) 680 P.2d 82 202 Cal. Rptr. 349 ROBERT M. CHEFSKY, Petitioner, v. THE STATE BAR OF CALIFORNIA, Respondent. Docket No. S.F. 24571. Supreme Court of California. May 10, 1984. *119 COUNSEL Robert M. Chefsky, in pro. per., for Petitioner. Herbert M. Rosenthal, Truitt A. Richey, Jr., Philip Martin and Michael Fox for Respondent. *120 OPINION THE COURT.[*] This is a proceeding to re...
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Opinion I Procedural Outline Defendant appeals the judgment of conviction entered upon his pleas of nolo contendere to kidnaping for ransom with bodily harm (Pen. Code, § 209) 1 eight counts of forcible rape while acting in concert with another person (§§ 261, 264.1); three counts of oral copulation, while acting alone and two counts while acting in concert with anoth...
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Opinion Nevada National Leasing Company (Nevada National), as owner, repossessed several pieces of heavy construction equipment. Thereafter, it sold the equipment at an auction. Unbeknownst to any other bidders, the owner and the auctioneer agreed that the owner would bid on the auctioned items to increase the sales prices. Does the California Uniform Commercial Code permit such a secret ...
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Opinion Defendant appeals from a judgment convicting him of two counts of burglary, rape, and two counts of first degree murder with special circumstances, and sentencing him on the latter to life imprisonment without possibility of parole. Because defendant does not challenge the sufficiency of the evidence, we shall not dwell on the unpleasant facts of this case. It is enough for present *157pur...
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36 Cal.3d 163 (1984) 680 P.2d 1081 203 Cal. Rptr. 122 THE PEOPLE, Plaintiff and Respondent, v. RONALD EUGENE LANPHEAR, Defendant and Appellant. In re RONALD EUGENE LANPHEAR on Habeas Corpus. Docket Nos. Crim. 22458, 22916. Supreme Court of California. June 4, 1984. *164 COUNSEL Quin Denvir, State Public Defender, under appointment by the Supreme Court, Edward H. Schulman and Therene Powell, Deput...
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Opinion We are called upon to consider the circumstances and procedure appropriate to the issuance, by an appellate court, of a peremptory writ of mandate in the “first instance,” i.e., without prior issuance of an alternative writ. Plaintiff in this negligence action appeals from a summary judgment for defendants which the trial court entered in obedience to such a peremptory writ from the Court...
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Opinion This writ proceeding stems from an action by Detmold Publishing Company (Detmold), publisher of a newspaper, the Foothill Times, against Environmental Planning and Information Council of Western El Dorado County, Inc. (EPIC), a nonprofit corporation, and several of its officers, The gist of the complaint, insofar as it concerns this proceeding, is that EPIC published a newsletter...
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Opinion In accordance with a stipulation of facts and disposition, the State Bar Court Review Department recommended the petitioner, Byron N. Wells, be suspended from the practice of law for two years, that execution of the order of suspension be stayed, and that petitioner be placed on probation for two years with conditions including a thirty-day actual suspension.1 We conclude that a supplement...
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I respectfully dissent. Today’s majority opinion holds that an accused may be convicted of murder for the killing of his accomplice by a police officer on the basis of (1) malicious acts that posed no threat at the time of the killing and (2) the “malicious” act of holding—but not pointing—a gun. In so ruling, the majority distort the prior decisions of this court and seriously undermine the well-...
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Opinion Defendant William McKee Bledsoe appeals from a conviction of forcible rape. (Pen. Code, § 261, subd. (2).) The principal issue on appeal is the propriety of the trial court’s admission of expert testimony by a rape counselor that, after the incident in question, the alleged victim suffered from “rape trauma syndrome.” As we explain, although in a rape prosecution expert testimony ...
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Opinion Defendant Dexter Stanley appeals from convictions of (1) sodomy (Pen. Code, § 286, subd. (c)), (2) forcible rape (Pen. Code, § 261, subd. (2)), and (3) oral copulation (Pen. Code, § 288a) and findings that he personally used a deadly weapon—a knife—in the commission of the offenses (Pen. Code, §§ 12022, subd. (b), 12022.3). As in People v. Bledsoe (1984) ante, page 236 [203 Cal.Rp...
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*265 Opinion This case presents the first occasion for this court to construe the provision of the 1975 Eminent Domain Law which authorizes compensation for the loss of business goodwill caused by a forced relocation. (Code Civ. Proc., § 1263.510.) 1 The specific issue to be addressed is whether a condemnee may be compensated for loss of goodwill when he demonstrates t...
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36 Cal.3d 273 (1984) 682 P.2d 338 204 Cal. Rptr. 143 T.M. COBB COMPANY, INC., Petitioner, v. THE SUPERIOR COURT OF MARIN COUNTY, Respondent; SHERRE STURM et al., Real Parties in Interest. Docket No. S.F. 24572. Supreme Court of California. July 2, 1984. *275 COUNSEL Hardy & McPhee and Charles A. McPhee, Jr., for Petitioner. No appearance for Respondent. Michael D. Nelson and Soni Leighton for...
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36 Cal.3d 291 (1984) 682 P.2d 349 204 Cal. Rptr. 154 FRED JAMES DAVIES, Petitioner, v. THE SUPERIOR COURT OF TULARE COUNTY, Respondent; THE STATE OF CALIFORNIA, Real Party in Interest. Docket No. S.F. 24625. Supreme Court of California. July 2, 1984. *293 COUNSEL Richard C. Watters and Miles, Sears & Eanni for Petitioner. No appearance for Respondent. *294 Robert F. Carlson, Ronald I. Harriso...
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Opinion In these three consolidated cases we address claims regarding the necessity, funding and enforcement of court-ordered ancillary defense services for indigent defendants. The issues have been briefed by all three parties with fervor: not one supplemental brief, petition, or letter to the court has escaped speedy and spirited response by opposing counsel. Petitioner Corenevsky, an indigent ...
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36 Cal.3d 330 (1984) 682 P.2d 1068 204 Cal. Rptr. 403 ARTHUR RODGERS, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, TRANSCON LINES, INC., et al., Respondents. Docket No. S.F. 24594. Supreme Court of California. July 5, 1984. *331 COUNSEL Harry F. Wartnick and Cartwright, Sucherman, Slobodin & Fowler for Petitioner. Goshkin, Pollatsek, Meredith & Lee, Samuel E. Meredith, Vivian L. Sc...
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36 Cal.3d 359 (1984) 683 P.2d 670 204 Cal. Rptr. 671 AMERICAN BANK AND TRUST COMPANY, as Special Administrator, etc., Plaintiff and Respondent, v. COMMUNITY HOSPITAL OF LOS GATOS-SARATOGA, INC., Defendant and Appellant. Docket No. S.F. 24171. Supreme Court of California. July 9, 1984. *362 COUNSEL Thomas R. Fellows, Robinson & Wood, Wines, Robinson & Wood and Wines, Robinson, Wood & A...
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Opinion We granted hearing to determine whether police officers, sergeants and dispatchers are entitled, as a result of the limitations placed on their mealtime periods, to payment for overtime hours worked. That entitlement depends on whether their lunch and dinner hours are considered worktime, inasmuch as the City of Madera mandates overtime pay for those police department employees who work i...
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36 Cal.3d 415 (1984) 682 P.2d 1093 204 Cal. Rptr. 428 MARK W. KISBEY, Plaintiff and Appellant, v. THE STATE OF CALIFORNIA et al., Defendants and Respondents. Docket No. S.F. 24556. Supreme Court of California. July 12, 1984. *416 COUNSEL Hoberg, Finger, Brown, Cox & Molligan, Phillip E. Brown and David W. Moyer for Plaintiff and Appellant. George Deukmejian, Attorney General, Michael Franchet...
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Opinion This case concerns the proper interpretation of an insurance policy issued by defendant Truck Insurance Exchange (Truck) to a hospital, *432after negotiations between the carrier and the California Hospital Association (CHA), representing hospitals throughout the state. The question is whether that policy provides coverage to a physician who is sued by his own patient for malpractice whic...
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Opinion Petitioner is charged with five serious felony offenses, including two murder counts which carry special circumstances allegations. The charges stem from two separate and apparently gang-related incidents which occurred more than nine months apart. Respondent court denied petitioner’s motion to sever one count of murder, alleged to have taken place in March 1982, from the remaining counts,...
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36 Cal.3d 459 (1984) 683 P.2d 248 204 Cal. Rptr. 568 In re the Marriage of JOYCE and WILLIAM VOMACKA. WILLIAM VOMACKA, Appellant, v. JOYCE VOMACKA, Respondent. Docket No. S.F. 24672. Supreme Court of California. July 16, 1984. *461 COUNSEL Robert Vatuone, J.C. Borgman, Mark J. Eggleston and K. Randy Moore for Appellant. Hyde & Brewer and R. Kent Brewer for Respondent. OPINION REYNOSO, J. Does...
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Opinion In this action for declaratory and injunctive relief, the trial court determined that a Mendocino County initiative ordinance prohib*480iting aerial application of phenoxy herbicides was preempted by state law and therefore invalid. The court entered summary judgment for plaintiff, the State of California. The county and a number of interveners appeal.1 In 1977 a forest products company s...
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36 Cal.3d 500 (1984) 683 P.2d 710 204 Cal. Rptr. 711 WALDO TAYLOR, Plaintiff and Appellant, v. BOARD OF TRUSTEES OF THE DEL NORTE UNIFIED SCHOOL DISTRICT et al., Defendants and Respondents. Docket No. S.F. 24689. Supreme Court of California. July 26, 1984. *502 COUNSEL Diane Ross, Kirsten L. Zerger, Raymond L. Hansen and Ramon E. Romero for Plaintiff and Appellant. Lawrence B. Trygstad and Robert...
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Opinion Is the state preempted from regulating the off-reservation sale or possession for sale of fish caught by Hoopa Valley Reservation Indians on the reservation? I. Appellant, Walter McCovey, Jr., is a Yurok 1 Indian of the Hoopa Valley Reservation located in northern California. This reservation includes a one-mile strip of land on each side of the Klamath River ...
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Opinion Carlos v. Superior Court (1983) 35 Cal.3d 131 [197 Cal.Rptr. 79, 672 P.2d 862], held that proof of intent to kill or to aid a killing was essential to a finding of a felony-murder special circumstance under the 1978 death penalty initiative. (Pen. Code, § 190.2, subd. (a)(17).) We granted a hearing in the present case to decide whether to give retroactive effect to our Carlos decision and ...
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Opinion The issue is whether the California Coastal Act (Coastal Act) (Pub. Resources Code, § 30000 et seq.) precludes a referendum on any local land use measure affecting the coastal zone which is adopted by a city council after the California Coastal Commission (Commission) has approved the city’s land use plan. We conclude that the Coastal Act does not preclude the referendum. Appellants, ...
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36 Cal.3d 575 (1984) 685 P.2d 61 205 Cal. Rptr. 501 ERADONNA SANCHEZ et al., Plaintiffs and Appellants, v. UNEMPLOYMENT INSURANCE APPEALS BOARD, Defendant and Respondent; TRIBAL AMERICAN CONSULTING CORPORATION, Real Party in Interest and Respondent. Docket No. L.A. 31809. Supreme Court of California. August 23, 1984. *578 COUNSEL Rees Lloyd for Plaintiffs and Appellants. John K. Van de Kamp, Atto...
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Opinion The issue is whether the city council of a charter city must comply with the Meyers-Milias-Brown Act’s (MMBA) (Gov. Code, § 3500 et seq.) “meet-and-confer” requirement (Gov. Code, § 3505) before it proposes an amendment to the city charter concerning the terms and conditions of public employment. We hold that the MMBA requirement must be met. I On March 8, 1977, the voters of the Ci...
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Opinion Defendant Rodney James Alcala was convicted on one count of first degree murder (Pen. Code, §§ 187-189) with use of a deadly weapon *614(id., § 12022, subd. (b)) and one count of forcible kidnaping (id., § 207). (All statutory references are to the Penal Code unless otherwise indicated.) Defendant admitted a prior conviction and prison sentence for lewd and lascivious conduct upon a child...
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36 Cal.3d 638 (1984) 685 P.2d 52 205 Cal. Rptr. 492 THE PEOPLE, Plaintiff and Respondent, v. EDWARD EINAR OLSEN, Defendant and Appellant. Docket No. Crim. 23510. Supreme Court of California. August 23, 1984. *639 COUNSEL Gregory H. Saldivar, under appointment by the Supreme Court, for Defendant and Appellant. George Deukmejian and John K. Van de Kamp, Attorneys General, Robert H. Philibosian, Chi...
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Opinion Harry Carian (Carian) and Richard Peters Farms (Peters), both agricultural employers covered by the Agricultural Labor Relations Act (ALRA) (Lab. Code, § 1140 et seq.), 1 seek review of decisions by the Agricultural Labor Relations Board (ALRB or board) finding that each of them committed certain unfair labor practices, and ordering remedies therefor. The Court of Appea...
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I respectfully dissent. Justice Gene McClosky of the Second Appellate District wrote a most persuasive decision which I reprint and adopt as my own: “Plaintiff’s sole contention on appeal is that the verdict for V.W. was invalid because it did not represent the verdict of nine jurors voting identically on the issues of manufacturing defect and causation.3 In Collin v. Connecticut Valley Arms, Inc....
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36 Cal.3d 687 (1984) 686 P.2d 609 206 Cal. Rptr. 89 AMERICAN FEDERATION OF LABOR-CONGRESS OF INDUSTRIAL ORGANIZATIONS et al., Petitioners, v. MARCH FONG EU, as Secretary of State, etc., et al., Respondents; LEWIS K. UHLER, Real Party in Interest. Docket No. S.F. 24746. Supreme Court of California. August 27, 1984. *690 COUNSEL Marsha S. Berzon, Fred H. Altshuler, Michael Rubin, George C. Harris, ...
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I concur with the majority opinion to the extent it affirms defendant’s conviction of murder and other lesser offenses. I dissent, however, from the majority’s reversal of the special circumstances finding and the judgment of death. In my view, the death penalty was properly imposed for defendant’s commission of murder during a robbery. (See Pen. Code, § 190.2, subd. (a)(17)(i).) The majority reli...
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Opinion This case, which arises out of a complex factual setting, presents three issues for decision. (1) Was the letter agreement signed by Seaman’s Direct Buying Service, Inc. and Standard Oil of California, Inc. sufficient to satisfy the statute of frauds? (2) Is “intent” an element of a cause of action for intentional interference with contractual relations? (3) May a plaintiff recover in"' t...
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Opinion The Review Department of the State Bar Court recommends that Raul Palomo be suspended from the practice of law for one year, with the suspension stayed on conditions of probation. *790 Petitioner was admitted to practice law in 1974. He has one instance of prior discipline; in 1980, he stipulated to public reproval for wilful violation of rules 2-111 (delivery of cli...
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Opinion This case presents the question whether a community college district and its agents have a duty to exercise due care to protect students from reasonably foreseeable assaults on the campus. We conclude that the district does owe such a duty to its students. As we shall explain, we also conclude that while the district is immune from liability for failure to provide adequate police ...
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Opinion Defendant was convicted of second degree burglary and placed on probation. On appeal, he argues that the trial court erred in denying his motion for new trial. On the night of April 23, 1980, someone broke into the Omega Tool Company and took tools and equipment valued at more than $8,000. (The size and weight of the stolen items suggests that more than one person was involved.) A dri...
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36 Cal. 3d 830 (1984) 686 P.2d 656 206 Cal. Rptr. 136 JASON R. CARSON, a Minor, etc., et al., Plaintiffs and Appellants, v. FACILITIES DEVELOPMENT COMPANY et al., Defendants and Respondents. Docket No. L.A. 31840. Supreme Court of California. September 13, 1984. *835 COUNSEL George R. McClenahan and Harold F. Tyvoll for Plaintiffs and Appellants. John W. Witt, City Attorney, Ronald L. Johnson, Ch...
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36 Cal.3d 852 (1984) 686 P.2d 644 206 Cal. Rptr. 124 THE PEOPLE, Plaintiff and Respondent, v. GENE MARTIN HOWARD, Defendant and Appellant. Docket No. Crim. 23091. Supreme Court of California. September 13, 1984. *854 COUNSEL Philip Schmidt for Defendant and Appellant. George Deukmejian and John K. Van de Kamp, Attorneys General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. K...
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36 Cal.3d 870 (1984) 686 P.2d 634 206 Cal. Rptr. 114 THE PEOPLE, Plaintiff and Appellant, v. JEFFREY MICHAEL CAMPA, Defendant and Respondent. Docket No. Crim. 23195. Supreme Court of California. September 13, 1984. *875 COUNSEL John K. Van de Kamp and Robert H. Philibosian, District Attorneys, Donald J. Kaplan and Roderick W. Leonard, Deputy District Attorneys, for Plaintiff and Appellant. Wilbur...
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Opinion We granted a hearing in this proceeding, after decision by the Court of Appeal, Third Appellate District, for the purpose of giving further study to the problems presented. After such review, we have concluded that the portion of Justice Blease’s opinion for the Court of Appeal, concurred in by Acting Presiding Justice Evans and Justice Reynoso, set forth below, properly resolves the matt...
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I write separately because under the law a court must grant a motion to strike a prior if the record of that prior does not comply with Boykin-Tahl. Presiding Justice Stone so ably pointed out why this is so in his opinion in the Court of Appeal. The relevant portion of his opinion is as follows: “[P]rior to Boykin-Tahl the law in California held that if an accused person was represented by counse...
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