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All Reporters → cal-lexis → Volume 1985

Opinions in cal-lexis Volume 1985

37 Cal.3d 784 (1985) 693 P.2d 778 210 Cal. Rptr. 193 THE PEOPLE, Plaintiff and Respondent, v. PHILIP COURTS, Defendant and Appellant. Docket No. Crim. 23590. Supreme Court of California. January 24, 1985. *787 COUNSEL Sharon Quinn, under appointment by the Supreme Court, for Defendant and Appellant. John K. Van de Kamp, Attorney General, Eddie T. Keller, Lisa Lewis Dubois and Janice Rogers Brown,...
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I understand the majority to hold that California’s privilege against self-incrimination is violated unless a juvenile is provided with use immunity for statements he makes to a probation officer or testimony he gives at a fitness hearing. To reach that conclusion, we must necessarily find that a juvenile’s testimony is compelled by the nature of the fitness proceeding. The proceeding combines rel...
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37 Cal.3d 813 (1985) 693 P.2d 796 210 Cal. Rptr. 211 ALBERT BRANDT, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; STANDARD INSURANCE COMPANY, Real Party in Interest. Docket No. L.A. 31859. Supreme Court of California. January 28, 1985. *815 COUNSEL Neil M. Levy, Gordon S. Churchill and Robert J. Kaplan for Petitioner. No appearance for Respondent. Gibson, Dunn & Crutcher,...
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37 Cal.3d 826 (1985) 694 P.2d 736 210 Cal. Rptr. 623 THE PEOPLE, Plaintiff and Respondent, v. HAROLD BINION JACKSON, Defendant and Appellant. Docket No. Crim. 23622. Supreme Court of California. January 28, 1985. *829 COUNSEL Charles M. Sevilla, under appointments by the Court of Appeal and the Supreme Court, Quin Denvir and Frank O. Bell, Jr., State Public Defenders, under appointment by the Cou...
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37 Cal.3d 841 (1985) 694 P.2d 135 210 Cal. Rptr. 450 THE PEOPLE, Plaintiff and Respondent, v. JEFFREY DEAN O'BRYAN, Defendant and Appellant. Docket No. Crim. 23621. Supreme Court of California. January 28, 1985. *842 COUNSEL Quin Denvir and Frank O. Bell, Jr., State Public Defenders, under appointment by the Court of Appeal, and Richard Lennon, Deputy State Public Defender, for Defendant and Appe...
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Opinion Does an accused facing criminal charges arising out of an automobile collision have a “proper interest” under Vehicle Code section 20012 in discovering reports of other accidents at the same location? *850I. Real party in interest, Phyllis Hall, was involved in an automobile accident in which her car collided with another car and five occupants were killed. Ms. Hall was charged with five c...
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Opinion The question in this case is whether the “valuation rollback” provision of article XIII A, section 2, subdivision (a), of the California Constitution, part of the 1978 initiative known as Proposition 13, applies to unit taxation of public utility property. 1 Plaintiff ITT World Communications, Inc. (hereinafter WorldCom) brought this action for a property tax refund for...
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*879Opinion Proposition 8 on the June 1982 California primary election ballot added section 28, subdivision (d) (hereafter section 28(d)), to article I of the California Constitution. That section provides, inter alia: “Except as provided by statute hereafter enacted by a two-thirds vote of the membership in each house of the Legislature, relevant evidence shall not be excluded in any criminal pr...
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*914 Opinion We granted a hearing to determine whether the Court of Appeal had erred in granting the motions of the Agricultural Labor Relations Board (ALRB) and Admiral Packing Company (Admiral) to dismiss the United Farm Workers’ (UFW) petition for review as untimely. On March 2, 1984, the ALRB issued its final decision and order in Admiral Packing Co. (1984) 10...
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37 Cal.3d 920 (1985) 695 P.2d 77 211 Cal. Rptr. 164 FRANK ROA, JR., et al., Plaintiffs and Appellants, v. LODI MEDICAL GROUP, INC., et al., Defendants and Respondents. Docket No. S.F. 24435. Supreme Court of California. February 7, 1985. *922 COUNSEL Miller, Katz, Harlem & Dixon, Robert A. Harlem, Richard L. Katz, Laurence H. Tribe and Arthur E. Schwimmer for Plaintiffs and Appellants. David ...
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Opinion Karahadian Ranches, Inc. (Karahadian) seeks review of a decision of the Agricultural Labor Relations Board (ALRB or board) which *5 determined that it committed a number of unfair labor practices during the spring of 1977. We conclude that the decision should be upheld. Karahadian is an agricultural employer subject to the Agricultural Labor Relations Act (Lab. C...
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Opinion Plaintiffs, the surviving husband and three sons of Ada Crews Mann,1 deceased, appeal from summary judgments in favor of defendants in this wrongful death action and from denial of postjudgment orders. Plaintiffs’ complaint charged the UCLA Medical Center, 54 individual doctors, a radiology technician, the associate director of the hospital, and the hospital’s data processing manager and ...
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Opinion Does section 340.5 of the Code of Civil Procedure permit a minor subjected to professional negligence at the hands of a health *50 care provider a period of at least three years from the date of the wrongful act in which to file his action, regardless of when he reached the age of majority? I. This is an action for legal malpractice. Plaintiff, George Steket...
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I concur with the majority opinion to the extent it affirms defendant’s conviction of murder and burglary. I also concur with the remaining portion of the judgment, setting aside the special circumstances *63finding and reversing the penalty of death, but only under the compulsion of People v. Garcia (1984) 36 Cal.3d 539 [205 Cal.Rptr. 265, 684 P.2d 826], and Carlos v. Superior Court (1983) 35 Cal...
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38 Cal.3d 64 (1985) 695 P.2d 186 211 Cal. Rptr. 99 SOUTHERN CALIFORNIA GAS COMPANY, Petitioner, v. PUBLIC UTILITIES COMMISSION, Respondent. PACIFIC TELEPHONE AND TELEGRAPH COMPANY, Petitioner, v. PUBLIC UTILITIES COMMISSION, Respondent. PACIFIC GAS AND ELECTRIC COMPANY, Petitioner, v. PUBLIC UTILITIES COMMISSION, Respondent. Docket Nos. S.F. 24603, 24605, 24606. Supreme Court of California. Febru...
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I dissent. While I agree with most of the rationale of the majority opinion, I am concerned with the effect of a reversal on the administration of justice. These crimes were committed in early 1978, seven years ago. To require a retrial after this long passage of time casts an unfair burden on the memories of witnesses and on both the prosecution and defense. Since there is no question of the resp...
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38 Cal.3d 100 (1985) 695 P.2d 220 211 Cal. Rptr. 133 HUNTINGTON PARK REDEVELOPMENT AGENCY, Petitioner, v. MICHAEL A. MARTIN, as Secretary, etc., Respondent. Docket No. L.A. 31861. Supreme Court of California. February 28, 1985. *103 COUNSEL Michael B. Montgomery, James Warren Beebe, John G. Perenchio, Kindel & Anderson and Steven P. Rice for Petitioner. Jones, Hall, Hill & White, Robert G...
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Opinion This court must decide whether a plaintiff, in an action against a landowner for criminal acts of third persons on the landowner’s property, may establish foreseeability other than by evidence of prior similar incidents on those premises. I. Plaintiff, Mervyn Isaacs, is an anesthesiologist affiliated with defendant, Huntington Memorial Hospital, a private hospital locate...
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Opinion In this medical malpractice action, both parties appeal from a judgment awarding plaintiff about $1 million in damages. Defendant claims that the trial court committed reversible error during the selection of the jury, in instructions on liability as well as damages, and in failing to order that the bulk of plaintiff’s award be paid periodically rather than in a lump sum. Plaintiff defend...
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Opinion Defendant appeals from a conviction of second degree murder and unlawful administration of methamphetamine. The principal *183 question on appeal is whether the trial court erred in allowing the prosecution to introduce the preliminary hearing testimony of a key witness who was unavailable to testify at the trial. I. On August 15, 1980, a doctor examined Iri...
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*203Opinion Does a county violate Welfare and Institutions Code section 17000 et seq. or the California Constitution when it requires its residents who are single, employable and eligible for general assistance benefits to live in a county facility in lieu of cash benefits? I. Petitioners (plaintiffs) are 20 single, employable residents of the County of Sacramento (County) who are eligible for ge...
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I respectfully dissent. The majority has failed to conform to the fundamental principles applicable to appellate review of a trial court decision to grant or deny relief pursuant to section 473 of the Code of Civil Procedure. (All further references are to this code.) I cannot agree that the trial court abused its discretion in denying plaintiffs’ motion and that it erred as a matter of law. When ...
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Opinion When a summons and complaint are served by mail on a person outside this state within three years of the commencement of an *246 action, must a return receipt be obtained and filed within those three years to satisfy Code of Civil Procedure section 581a? I. This case involves three separate civil actions arising from injuries allegedly caused by in útero exp...
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Opinion This is a proceeding to review a recommendation of the Review Department of the State Bar Court that petitioner be disbarred. The findings underlying the recommendation essentially were that petitioner failed to render his client a full accounting for $89,000 received in settlement of a lawsuit, and that out of the settlement proceeds he commingled and misappropriated almost $6,000 which ...
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Opinion This case presents two issues. First, is a contractor barred from recovering compensation for work performed on remodeling contracts because he entered and performed the contracts in his own name rather than in the name of his licensed sole proprietorship? Second, is an oral home improvement contract for over $500 rendered void and unenforceable because it was not reduced to written form?...
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38 Cal.3d 301 (1985) 696 P.2d 111 211 Cal. Rptr. 719 THE PEOPLE, Plaintiff and Respondent, v. MARIA J. CASTRO, Defendant and Appellant. Docket No. Crim. 23605. Supreme Court of California. March 11, 1985. *304 COUNSEL Richard A. Lieberman, under appointment by the Supreme Court, Howard J. Berman and Berman & Glenn for Defendant and Appellant. *305 Quin Denvir, State Public Defender, and Jonat...
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Opinion This is a proceeding to review the recommendation of the State Bar of California that petitioner, Douglas W. Trousil, 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 six-month actual suspension. As discussed below, we conclude that the revi...
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Opinion BROUSSARD, J. The issue in this case is whether one instance of driving under the influence which causes injury to several persons is chargeable as one count of driving under the influence or as several. The pertinent statute is Vehicle Code section 23153, 1 which at the time of the accident in question provided, in relevant part: “(a) It is unlawful for a...
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38 Cal.3d 355 (1985) 696 P.2d 637 212 Cal. Rptr. 143 RICHARD M. RIBAS, Plaintiff and Appellant, v. JOAN CLARK, Defendant and Respondent. Docket No. S.F. 24757. Supreme Court of California. March 18, 1985. *358 COUNSEL John J. Hartford for Plaintiff and Appellant. Gary C. Smith, Smith & Carlquist and Jeffrey J. Sloane for Defendant and Respondent. OPINION MOSK, J. This is an appeal from a judg...
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38 Cal.3d 367 (1985) 696 P.2d 141 211 Cal. Rptr. 748 BRUCE POLLACK, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant. Docket No. L.A. 31912. Supreme Court of California. March 21, 1985. *370 COUNSEL John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, and Beth Lori Faber, Deputy Attorney General, for Defendant and Appellant. William ...
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Opinion MOSK, J. Plaintiffs, a number of organizations and individuals concerned with the condition of developmentally disabled persons, brought this action *388 for declaratory and injunctive relief against defendants, the Department of Developmental Services (DDS), its director (the Director), and another state agency and its secretary, alleging that certain spending di...
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I write separately because the majority fail to set forth any guidelines as to when an attorney may act without the express consent of his or her client. Rather than providing clarity in this troublesome area,1 the majority have introduced uncertainty. Further, the decision to waive the constitutional right to a trial by jury must always rest with the client, not the attorney. I. The allocation of...
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Opinion I Marcella G. Aloy, plaintiff in a legal malpractice action, appeals from a summary judgment for defendant Eugene A. Mash, her former attorney in a 1971 dissolution action against her husband Richard. Marcella’s claim of legal malpractice is based on defendant’s failure to assert a community property interest in Richard’s vested military retirement pension.1 Marcella employed defendant Mas...
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Opinion Martin Searle died as a result of a self-inflicted gunshot wound to the head. Under the terms of his life insurance policy his beneficiary, Alice M. Searle, was precluded from recovering the full value of the policy if death resulted from “suicide, whether sane or insane.” We address five questions: (1) Should we reconsider the conclusions reached on a prior appeal in this action concerni...
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38 Cal.3d 454 (1985) 698 P.2d 116 213 Cal. Rptr. 213 GEORGE BECKER, Plaintiff and Appellant, v. IRM CORPORATION, Defendant and Respondent. Docket No. S.F. 24618. Supreme Court of California. April 29, 1985. *457 COUNSEL Meyer & Mitchell and Jack P. Dougherty for Plaintiff and Appellant. Leonard Sacks, Edwin Train Caldwell, McNamara, Houston, Dodge, McClure & Ney and Edward Kelly Shinnick ...
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38 Cal.3d 488 (1985) 698 P.2d 159 213 Cal. Rptr. 256 TECH-BILT, INC., Cross-complainant and Appellant, v. WOODWARD-CLYDE & ASSOCIATES, Cross-defendant and Respondent. Docket No. L.A. 31826. Supreme Court of California. May 2, 1985. *491 COUNSEL Gibson & Kennerson and Paul R. Kennerson for Cross-complainant and Appellant. Eric N. Winter as Amicus Curiae on behalf of Cross-complainant and A...
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38 Cal.3d 509 (1985) 698 P.2d 150 213 Cal. Rptr. 247 THE PEOPLE ex rel. DEPARTMENT OF TRANSPORTATION, Plaintiff and Respondent, v. NAEGELE OUTDOOR ADVERTISING COMPANY OF CALIFORNIA, INC., Defendant and Appellant. DESERT OUTDOOR ADVERTISING, INC., Plaintiff and Respondent, v. NAEGELE OUTDOOR ADVERTISING COMPANY OF CALIFORNIA, INC., Defendant and Appellant. Docket No. L.A. 31911. Supreme Court of C...
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Opinion The review department of the State Bar Court has unanimously recommended that petitioner Kenneth W. Smith be suspended from the practice of law for a period of 180 days and that execution of that order be stayed upon certain conditions including 30 days actual suspension and a one-year probation period with restitution and passage of the Professional Responsibility Examination. This cou...
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38 Cal.3d 543 (1985) 698 P.2d 637 213 Cal. Rptr. 569 In re WILLIAM A. MISENER on Habeas Corpus. Docket No. Crim. 23850. Supreme Court of California. May 9, 1985. *544 COUNSEL Wilbur F. Littlefield, Public Defender, Laurence M. Sarnoff, Stuart R. Rappaport, Albert J. Menaster, Deputy Public Defenders, and William A. Misener, Deputy Public Defender, in pro. per., for Petitioner. *545 Robert H. Phil...
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38 Cal.3d 564 (1985) 699 P.2d 835 214 Cal. Rptr. 424 COUNTY SANITATION DISTRICT NO. 2 OF LOS ANGELES COUNTY, Plaintiff and Respondent, v. LOS ANGELES COUNTY EMPLOYEES' ASSOCIATION, LOCAL 660, SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO et al., Defendants and Appellants. Docket No. L.A. 31850. Supreme Court of California. May 13, 1985. *567 COUNSEL Geffner & Satzman, Leo Geffner and Jeffrey...
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Opinion In this proceeding we review and accept the recommendation of the review department of the State Bar that petitioner, Lloyd L. Vaughn, be disbarred for grand theft and other misconduct. 1. Facts Petitioner was admitted to the practice of law in California on June 26, 1970, and has no record of prior discipline. In March 1981, he pleaded nolo contendere and was convicted ...
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38 Cal.3d 621 (1985) 699 P.2d 309 214 Cal. Rptr. 132 DALE WAYNE FOX, Plaintiff and Respondent, v. DORIS V. ALEXIS, as Director, etc., Defendant and Appellant. Docket No. S.F. 24712. Supreme Court of California. May 20, 1985. *623 COUNSEL John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, and Faith J. Geoghegan, Deputy Attorney General, for Defendant and Appellant. ...
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Opinion The truism that a person cannot serve two masters simultaneously finds expression in California’s statutory doctrine that no public official shall be financially interested in any contract made by that person or by any body or board of which he or she is a member.1 Plaintiffs in this taxpayers’ suit challenge the validity of a transaction in which defendant Cebert Properties, Inc., purcha...
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Opinion On February 1, 1985, this court issued an order directing Keith Watson, a certified shorthand reporter, to show cause why he should not be declared not competent to act as an official reporter in any court. The order was issued as a result of Watson’s failure to prepare and deliver to the clerk of the superior court a transcription of his notes of proceedings for the automatic appeal in Pe...
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I concur in the majority’s holding that the trial court erred in denying appellant’s discovery motion. I withhold my approval, however, from that portion of the majority opinion pertaining to the discovery of psychiatric or psychological statements or reports which may be found in officers’ personnel files. (Ante, at pp. 687-689.) Moreover, I dissent from the majority’s apparent holding that appel...
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Opinion Defendant appeals from a judgment of death imposed under the 1977 death penalty law. (Former Pen. Code, §§ 190-190.6, Stats. 1977, *719ch. 316, §§ 4-14, pp. 1256-1263.) He principally contends that the trial court erred in admitting in evidence certain personal writings seized from his apartment. As will appear, we conclude that the contention is meritorious but that the error requires re...
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Opinion This case arises under the 1978 death penalty initiative, now codified as Penal Code sections 190-190.5. Defendant was convicted under this statute of first degree murder and attempted robbery, with the special circumstance of murder during the commission of attempted robbery (Pen. Code, § 190.2, subd. (a)(17)). 1 The jury also found that defendant personally used a firearm in committ...
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Opinion This is an automatic appeal (Pen. Code, § 1239, subd. (b)) from a judgment of death under the 1978 death penalty law (id., § 190.1 et seq.). We affirm the judgment as to guilt but set aside the special circumstance findings under compulsion of Carlos v. Superior Court (1983) 35 Cal.3d 131 [197 Cal.Rptr. 79, 672 P.2d 862], and People v. Garcia (1984) 36 Cal.3d 539 [205 Cal.Rptr. 265, 684 P....
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Opinion We confront an issue created by the sharp rise in market rates of interest during recent years, When a public agency con*794demns property and exercises its statutory right to take possession before the condemnation price is set or fully paid, does the “just compensation” which the Constitution requires include interest at prevailing market rates rather than a lower “legal” rate specifie...
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38 Cal.3d 811 (1985) 700 P.2d 1244 215 Cal. Rptr. 242 THE PEOPLE, Plaintiff and Respondent, v. JAVIER A., Defendant and Appellant. Docket No. Crim. 23869. Supreme Court of California. June 13, 1985. *813 COUNSEL Robert Patrick Murphy, under appointment by the Supreme Court, for Defendant and Appellant. John K. Van de Kamp, Attorney General, Kristofer Jorstad and Ronald D. Smetana, Deputy Attorney...
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Opinion In July 1981 the San Jose Teachers Association (Association) entered into a three-year collective bargaining agreement with the San Jose Unified School District (District), covering the District’s nonmanagement certificated employees. As authorized by California’s Educational Employment Relations Act (EERA) (Gov. Code, § 3540 et seq.), the agreement contained a “service fee” provi...
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Opinion We issued an order to show cause in this case to examine the first degree murder conviction of Jackie Lee Bower. The prosecution may not, consistent with the guarantee of due process of law, penalize a defendant for exercising constitutional rights. We conclude that a due process violation occurred when the prosecution increased the severity of the charges against petitioner after jeopardy...
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Opinion This case presents an equal protection challenge to the provisions of Code of Civil Procedure section 409. 1 For the reasons discussed below, we reject this challenge and uphold the statute as written. I. Sunburst Decorative Rock, Inc., filed an action against Arrow Sand and Gravel (petitioner) to obtain judicial foreclosure on a deed of trust secured by certain real property to w...
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Opinion Plaintiff filed this class action to challenge the validity of charges imposed by defendant Crocker National Bank for the processing of checks drawn on accounts without sufficient funds. (The parties refer to such checks as NSF checks and to the handling charge as an NSF charge.) He appeals from a judgment of the trial court entered after that court sustained defendant’s general d...
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38 Cal.3d 945 (1985) 702 P.2d 180 216 Cal. Rptr. 98 THE PEOPLE, Plaintiff and Respondent, v. ROBERT GREGORY SMITH, Defendant and Appellant. Docket No. Crim. 23714. Supreme Court of California. July 22, 1985. *947 COUNSEL Robert Viefhaus, under appointment by the Supreme Court, for Defendant and Appellant. *948 John K. Van de Kamp, Attorney General, Robert M. Foster, Keith I. Motley and Robert B. ...
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Opinion Defendant David Wendell Ruggles was charged with (1) robbery (Pen. Code, § 211) with use of a firearm (Pen. Code, § 12022.5) and (2) possession of a firearm by an ex-felon (Pen. Code, § 12021). The information was amended to charge six prior convictions and the case was consolidated with a second case in which a single count of robbery was charged. Defendant pleaded not guilty, denied the ...
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Opinion Plaintiff Michael L. Tenzer (Tenzer) appeals from a judgment in favor of defendant Superscope, Inc. (Superscope) after the trial court granted Superscope’s motion for summary judgment. *22 Facts The facts, as revealed by Tenzer’s complaint 1 and the papers filed in support of and in opposition to the motion for summary judgment, are these: Supers...
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39 Cal.3d 35 (1985) 702 P.2d 543 216 Cal. Rptr. 385 ASAHI METAL INDUSTRY CO., LTD., Petitioner, v. THE SUPERIOR COURT OF SOLANO COUNTY, Respondent; CHENG SHIN RUBBER INDUSTRIAL CO., LTD., Real Party in Interest. Docket No. S.F. 24657. Supreme Court of California. July 25, 1985. *40 COUNSEL David W. Condeff, Richard D. Hoffman and Lillick, McHose & Charles for Petitioner. No appearance for Res...
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*60 Opinion This case involves the issue of whether the workers’ compensation statute of limitations is tolled as to a lien claimant, until the employer with knowledge of the work-related injury notifies the employee of his workers’ compensation rights. We conclude that when Labor Code section 5405, subdivision (a) (all further statutory references are to this code unless otherwi...
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Opinion Michael L., a minor, appeals from an order adjudging him to be a ward of the state under section 602 of the Welfare and Institutions Code and committing him to the California Youth Authority upon a finding that he had perpetrated a robbery. We must decide whether testimony identifying appellant as the perpetrator of the robbery in question should have been excluded at trial because police ...
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Opinion Defendant Dennis William Edwards appeals from convictions of furnishing and/or administering heroin (Health & Saf. Code, § 11352) and second degree murder (Pen. Code, § 187) following the accidental and fatal heroin overdose of his girlfriend, Victoria Rogers. At the close of trial, defendant requested that the jury be instructed on involuntary manslaughter. The trial court, believing the...
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39 Cal.3d 120 (1985) 701 P.2d 1173 215 Cal. Rptr. 855 THE PEOPLE, Plaintiff and Respondent, v. OLUFEMI BABATUNDE OGUNMOLA, Defendant and Appellant. Docket No. Crim. 24172. Supreme Court of California. July 25, 1985. *121 COUNSEL Weitzman & Re, Weitzman, Fidler & Re, Howard L. Weitzman, Donald M. Re and Gina Putkoski for Defendant and Appellant. Dennis A. Fischer and Kathleen C. Caverly as...
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39 Cal.3d 126 (1985) 702 P.2d 570 216 Cal. Rptr. 412 LEO WONG, as Executor, etc., et al., Plaintiffs, Cross-defendants and Appellants, v. TENNECO, INC., et al., Defendants, Cross-complainants and Appellants. Docket No. L.A. 31900. Supreme Court of California. July 29, 1985. *128 COUNSEL Donald C. Thuesen for Plaintiffs, Cross-defendants and Appellants. Hufstedler, Miller, Carlson & Beardsley,...
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Opinion This is an appeal from a dismissal of an action for failure to serve summons and complaint within three years. The issue presented on appeal—one of first impression—is whether a complaint amended to charge a Doe defendant with a new cause of action arising from different operative facts must be served within three years of the original filing. I Petitioner Cheryl Barring...
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Opinion Facts This proceeding arises out of the tragic death of 13-year-old Rudy Ochoa on March 26, 1981. The petitioners (plaintiffs), Raul and Gloria Ochoa, are the surviving parents of Rudy Ochoa. The real parties in interest (defendants) are the County of Santa Clara and four alleged agents and employees of the county.1 The complaint2 states that on February 19, *1631981,...
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Opinion Introduction In 1976 we decided in Payne v. Superior Court, 17 Cal.3d 908 [132 Cal.Rptr. 405, 553 P.2d 565], that as a matter of due process and equal protection under both the federal and California Constitutions an indigent prisoner who is a defendant in “a bona fide legal action threatening his interests” is entitled to access to the courts to be heard in his defense. We left to the tri...
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Opinion Employer Harry Carian Sales (HCS) seeks review of a decision of the Agricultural Labor Relations Board (ALRB or Board) finding that HCS committed 30 unfair labor practices, and ordering HCS to bargain with the United Farm Workers (UFW). The principal issue raised in this case is whether the ALRB has authority to certify a union and issue a bargaining order as a remedy for an employ*218er’...
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39 Cal.3d 256 (1985) 703 P.2d 339 217 Cal. Rptr. 1 GRIFFIN DEVELOPMENT COMPANY, Plaintiff and Appellant, v. CITY OF OXNARD et al., Defendants and Respondents. Docket No. L.A. 31930. Supreme Court of California. August 1, 1985. *259 COUNSEL Cohen, England, Whitfield & Osborne, Cohen, England & Whitfield, Stanley E. Cohen and Stuart A. Comis for Plaintiff and Appellant. K.D. Lyders, City At...
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Opinion I. E. Associates (Associates) appeals from a summary judgment granted in favor of defendant Safeco Title Insurance Company (Safeco). The principal issue presented is whether, in addition to the notification procedures prescribed by statute, a trustee in a nonjudicial foreclosure has a common law duty to make reasonable efforts to contact a defaulting trustor/ debtor. We conclude t...
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Opinion We consider whether a plaintiff may pursue a tort action against a parent corporation on the theory that it is the alter ego of its subsidiary, the alleged tortfeasor, after entering into a settlement and release agreement with the subsidiary. At issue is the applicability of Code of Civil Procedure section 877,1 which abrogates the common law rule that settle*295ment with one alleged tor...
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39 Cal.3d 311 (1985) 703 P.2d 58 216 Cal. Rptr. 718 WARREN BLANK, Plaintiff and Appellant, v. KEVIN KIRWAN et al., Defendants and Respondents. Docket No. L.A. 32012. Supreme Court of California. August 1, 1985. *316 COUNSEL Julius Grush and John D. Wilson for Plaintiff and Appellant. Rosenberg, Nagler & Weisman, Weisman, Butler & Watson, Mark L. Weisman, Marylin Jenkins White, Dana E. Wat...
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Opinion In this proceeding we review and accept the recommendation of the Review Department of the State Bar of California that petitioner, Claude E. Dixon, be disbarred from the practice of law. (Bus. & Prof. Code, §§ 6103, 6106; Rules Prof. Conduct, rule 2-107.) Petitioner became a member of the State Bar in 1964. In 1982 we suspended him from practice for five years (imposing two years...
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Opinion Defendant Michael John Ramkeesoon appeals the judgment of conviction of first degree murder and robbery with findings of use of a deadly weapon. (Pen. Code, §§ 187, 211, 12022, subd. (b).) He contends that the trial court prejudicially erred in refusing to instruct on theft as a lesser included offense in robbery. We are bound to agree and conclude that the judgment must therefore be re...
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39 Cal.3d 354 (1985) 703 P.2d 88 216 Cal. Rptr. 748 MICHELLE W., a Minor, etc., et al., Plaintiffs and Appellants, v. RONALD W. et al., Defendants and Respondents. Docket No. L.A. 31758. Supreme Court of California. August 5, 1985. *357 COUNSEL Bruce M. Beals, Kimberly J. Grove, Lightner & Castro and Sheela, Lightner & Castro for Plaintiffs and Appellants. Latham & Watkins, Lance B. W...
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Opinion We are asked to decide whether the decision of the Santa Barbara County Employees Retirement Association (hereafter SBCERA or Association) denying the request of William T. Kittle to be reinstated as a member of the Association for purposes of seeking disability retirement was properly upheld by the Santa Barbara County Superior Court. Specifically, we must decide whether Kittle waived his...
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Opinion Charles Evans, Stanton Weitzeil, Robert Goist and the United Steelworkers of America, AFL-CIO-CLC (petitioners) appeal from *405 judgments denying consolidated petitions for writ of mandate and dismissing the petitions as to the union without leave to amend for failure to state a cause of action. Pursuant to a collective bargaining pension agreement, upon their r...
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Opinion This case presents the question whether the agencies charged with carrying out the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.)1 may constitutionally exercise jurisdiction over state civil service employees. *426Real parties in interest are applicants for state civil service employment who claim they were denied positions because of discrimination on the basis o...
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39 Cal.3d 454 (1985) 703 P.2d 374 217 Cal. Rptr. 36 ALEC CAMPBELL MacPHAIL, Petitioner, v. THE COURT OF APPEAL, THIRD APPELLATE DISTRICT et al., Respondents; DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING et al., Real Parties in Interest. Docket No. S.F. 24680. Supreme Court of California. August 8, 1985. *455 COUNSEL Joan M. Graff and Chris Redburn for Petitioner. No appearance for Respondents. Prude...
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Opinion Does the 1982 amendment to Penal Code section 3041.5, 1 which empowers the Board of Prison Terms to schedule parole suitability hearings biennially instead of annually, violate the ex post facto clauses of the state and federal Constitutions when applied to an inmate who committed his or her offense before its effective date? *467 I. Respondent, Lawre...
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Opinion The primary issue in this case is whether D-cocaine, a synthetic form of cocaine, was a controlled substance under Health and Safety Code section 11055, subdivision (b)(4) at the time appellants committed their crime. I. During the early months of 1980, law enforcement officers from the California Department of Justice and local police and sheriff departments conducted a...
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I agree that the ordinance is overbroad. On the other hand, the First Amendment has been around for a long time, as have been state and local laws against fortunetelling and decisions upholding them. (See cases cited in In re Bartha (1976) 63 Cal.App.3d 584, 589 [134 Cal.Rptr. 39, 91 A.L.R.3d 759].) It is a fact that plaintiff cites no case which elevates fortunetelling to the same free speech ped...
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39 Cal.3d 523 (1985) 703 P.2d 381 217 Cal. Rptr. 43 CITY AND COUNTY OF SAN FRANCISCO et al., Petitioners, v. PUBLIC UTILITIES COMMISSION et al., Respondents; PACIFIC BELL, Real Party in Interest. Docket No. S.F. 24687. Supreme Court of California. August 15, 1985. *527 COUNSEL George Agnost, City Attorney, Leonard L. Snaider, Deputy City Attorney, John Witt, City Attorney, and William S. Shaffran...
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Opinion In this proceeding, we review the recommendation of the State Bar of California that petitioner, Jerry L. Rossman, 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 that include no actual suspension. As discussed below, we conclude that the recommended discipl...
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Opinion In this original proceeding petitioner Charles Saleeby seeks an order requiring the State Bar (bar) to adopt rules governing its exercise of discretion in administering the Client Security Fund (Bus. & Prof. Code, § 6140.5, hereinafter CSF) and to set aside its order granting petitioner less than the full amount of reimbursement which he requested. We will conclude that the proced...
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Opinion Defendant appeals from a judgment convicting him of first degree murder. He contends (1) evidence that the victim had heroin in his system within 24 hours before his death was improperly excluded under Evidence Code section 352; (2) evidence that the victim was under the influence of heroin when he violently resisted arrest in 1979 was improperly excluded; (3) the jury was erroneously inst...
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39 Cal.3d 596 (1985) 704 P.2d 176 217 Cal. Rptr. 416 THE PEOPLE, Plaintiff and Respondent, v. EDWARD JAMES MOTTON, Defendant and Appellant. Docket No. Crim. 24173. Supreme Court of California. August 19, 1985. *599 COUNSEL Frank O. Bell, Jr., State Public Defender, under appointment by the Court of Appeal, and Neil Rosenbaum, Deputy State Public Defender, for Defendant and Appellant. John K. Van ...
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38 Cal.3d 892 (1985) 701 P.2d 826 215 Cal. Rptr. 679 ANTONIO R. SANCHEZ-COREA et al., Plaintiffs, Cross-defendants and Appellants, v. BANK OF AMERICA, Defendant, Cross-complainant and Respondent; VIRGIL McGOWEN, Defendant and Respondent. Docket No. S.F. 24709. Supreme Court of California. July 11, 1985. *896 COUNSEL Daniel M. Crawford, Donald T. Ramsey and Carroll, Burdick & McDonough for Pla...
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39 Cal.3d 609 (1985) 704 P.2d 183 217 Cal. Rptr. 423 ANDREW LEONI et al., Petitioners, v. THE STATE BAR OF CALIFORNIA, Respondent. Docket No. L.A. 31851. Supreme Court of California. August 22, 1985. *613 COUNSEL Horvitz & Levy, Ellis J. Horvitz and Ellen Lake for Petitioners. Samuel Bufford, Gendel, Raskoff, Shapiro & Quittner and Fred Okrand as Amici Curiae on behalf of Petitioners. Her...
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39 Cal.3d 633 (1985) 703 P.2d 1131 217 Cal. Rptr. 238 STATE BOARD OF EQUALIZATION, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; O'HARA & KENDALL AVIATION, INC., Real Party in Interest. Docket No. L.A. 31937. Supreme Court of California. August 22, 1985. *635 COUNSEL John K. Van de Kamp, Attorney General, Arthur C. de Goede, Assistant Attorney General, Edmond B. Mamer a...
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Opinion Appellant James Mantón appeals following a judgment granting the County of San Diego, Department of Mental Health’s petition for conservatorship. The judgment, which included the power to commit Man-ton involuntarily to a state mental institution, followed a jury finding that Mantón was gravely disabled. (Lanterman-Petris-Short Act; Welf. & Inst. Code, § 5000; all further statutor...
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39 Cal.3d 654 (1985) 703 P.2d 1139 217 Cal. Rptr. 245 THE PEOPLE, Plaintiff and Respondent, v. RICHARD N. WEAVER, Defendant and Appellant. Docket No. Crim. 23932. Supreme Court of California. August 22, 1985. *656 COUNSEL Mark P. Schnurle, under appointment by the Supreme Court, for Defendant and Appellant. John K. Van de Kamp, Attorney General, Eugene Kaster and Robert R. Granucci, Deputy Attorn...
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*676Opinion Jeremiah Trevino appeals from a conviction of murder (Pen. Code, § 187).1 The People appeal the dismissal of murder charges against his codefendant, Leonard L. Rivas. The parties raise two separate and distinct claims. Trevino raises the question whether the term “Spanish surnamed” is sufficiently descriptive of a cognizable group to satisfy the Wheeler2 test for identifying prosecutor...
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39 Cal.3d 707 (1985) 704 P.2d 743 217 Cal. Rptr. 676 THE PEOPLE, Plaintiff and Respondent, v. DONALD L. MAKI, Defendant and Appellant. Docket No. Crim. 23902. Supreme Court of California. September 3, 1985. *708 COUNSEL Robert A. Karpuk, under appointment by the Supreme Court, for Defendant and Appellant. *709 John K. Van de Kamp, Attorney General, A. Wells Petersen, John W. Carney, Keith I. Motl...
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Opinion Alarmed by the increasing “piracy” of over-the-air subscription television transmissions and the threat it poses to a burgeoning new industry, the Legislature, in 1980, enacted a protective measure, codified as Penal Code section 593e. As originally enacted, section 593e provided in pertinent part that “[e]very person who for profit knowingly and willfully manufactures, distributes, or ...
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Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar that Robert Lee Nevill be suspended *731 from the practice of law for five years on conditions of probation, including actual suspension for thirty months after his release from prison. 1 Petitioner was convicted of voluntary manslaughter (Pen. Code, § 192, subd. (a))...
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Opinion We evaluate the propriety of a contingent fee arrangement between a city government and a private attorney whom it hired to bring abatement actions under the city’s nuisance ordinance. We hold the arrangement inappropriate under the circumstances, and in the interests of justice grant the extraordinary relief of disqualifying the attorney. In 1981 Helen Ebel obtained a busine...
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Opinion May legislation requiring a writing to prove, upon dissolution of marriage, that property taken in joint tenancy form is the separate property of one spouse constitutionally be applied to cases pending before its effective date? We conclude that it may not. Applied retroactively, the statute impairs vested property rights without due process of law. Esther and Robert Buol mar...
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39 Cal.3d 765 (1985) 704 P.2d 752 217 Cal. Rptr. 685 THE PEOPLE, Plaintiff and Respondent, v. JESSE SKINNER, Defendant and Appellant. Docket No. Crim. 23783. Supreme Court of California. September 16, 1985. *767 COUNSEL Charles M. Sevilla, under appointment by the Supreme Court, and Cleary & Sevilla for Defendant and Appellant. *768 John K. Van de Kamp, Attorney General, Norman H. Sokolow, Be...
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Opinion This case concerns the custody of Eric, the infant son of Michael U. and Jamie B. Eric has been placed for adoption with Mr. and Mrs. Glenn White. Michael, the natural father, sought temporary custody of Eric, which would enable him to qualify as a “presumed father” under Civil Code section 7004 and thus, by withholding his consent, to prevent the proposed adoption (see Civ. Code, § 7017,...
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Opinion Defendant Lavell Frierson appeals from a judgment imposing the death penalty following his conviction of first degree murder with special circumstances and other offenses. In People v. Frierson (1979) 25 Cal.3d 142 [158 Cal.Rptr. 281, 599 P.2d 587] (Frierson I), we reversed defendant’s conviction of these same offenses at an earlier trial on the ground that defense counsel at that trial h...
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39 Cal.3d 823 (1985) 705 P.2d 372 218 Cal. Rptr. 49 THE PEOPLE, Plaintiff and Respondent, v. RAYMOND RUDY CHAVEZ, Defendant and Appellant. Docket No. Crim. 22039. Supreme Court of California. September 19, 1985. *825 COUNSEL Jonathan M. Purver, under appointment by the Supreme Court, for Defendant and Appellant. John K. Van de Kamp, Attorney General, Edmund D. McMurray and Ward A. Campbell, Deput...
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39 Cal.3d 836 (1985) 705 P.2d 380 218 Cal. Rptr. 57 THE PEOPLE, Plaintiff and Respondent, v. DAVID D. WEIDERT, Defendant and Appellant. Docket No. Crim. 23649. Supreme Court of California. September 19, 1985. *840 COUNSEL Quin Denvir and Frank O. Bell, Jr., State Public Defenders, under appointment by the Court of Appeal, Eric J. Coffill and Steven W. Parnes, Deputy State Public Defenders, for De...
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39 Cal.3d 862 (1985) 705 P.2d 866 218 Cal. Rptr. 293 KENNETH L. BAKER et al., Plaintiffs and Appellants, v. BURBANK-GLENDALE-PASADENA AIRPORT AUTHORITY, Defendant and Respondent. Docket No. L.A. 31869. Supreme Court of California. September 23, 1985. *864 COUNSEL John J. Schimmenti and Schimmenti, Mullins & Berberian for Plaintiffs and Appellants. *865 Gideon Kanner, Fadem, Berger & Norto...
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Opinion The major question we must decide in this case concerns what are commonly referred to as “school-impact fees”—i.e., fees that local *881 governments impose on real property development to cover the costs of constructing and maintaining school facilities attributable to such development. The precise question is whether the School Facilities Act (sometimes hereafter the...
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39 Cal.3d 892 (1985) 705 P.2d 886 218 Cal. Rptr. 313 LINA GUTIERREZ, Plaintiff and Appellant, v. MASSOUD MOFID et al., Defendants and Respondents. Docket No. L.A. 31922. Supreme Court of California. September 26, 1985. *894 COUNSEL James M. Radnich for Plaintiff and Appellant. Leonard Sacks, Jean Corey, Al Schallau, Robert E. Cartwright, Wylie A. Aitken, Harlan Arnold, Glen T. Bashore, Ray Bourhi...
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Opinion This automatic appeal follows a judgment imposing a penalty of death pursuant to the 1978 death penalty law. (Pen. Code, §§ 190.1 et seq., 1239 et seq.; all statutory references are to this code unless otherwise indicated.) An information was filed in superior court charging defendant Richard G. Montiel with the following offenses committed on January 13, 1979: count I, the robbery of Eva ...
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Opinion The issue presented is whether a new statutory plan for awarding sentence reduction credits may be applied, without violation of the ex post facto clauses of the California1 or federal2 Constitutions, to prisoners who committed crimes before the effective date of the new scheme. We conclude that it may. I. Statutory Provisions Before 1983, former Penal Code3 sections 2931 and 2932 governe...
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Opinion In June 1981, the City Council of Oxnard enacted a series of three ordinances requiring all persons who wish to construct new development in the city to pay (1) a water system connection fee, (2) a waste water connection fee, and (3) a “Growth Requirements Capital Fee.” The following month, on the day the ordinances went into effect, plaintiff Build *3 ing Industry Association of Sout...
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Opinion The workers’ compensation appeals judge found that applicant Virgil J. Meier was an employee of Warren Chichester when injured and awarded compensation benefits. The Workers’ Compensation Appeals Board denied reconsideration, and in this review proceeding the State Compensation Insurance Fund claims that the judge and board erred in concluding that the penultimate paragraph of Labor Code s...
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*27 Opinion Does the Unruh Civil Rights Act (Civ. Code, § 51) 1 prohibit sex-based price discounts? I. In the spring of 1979, plaintiff sought to have his car washed at several car washes located in Orange County. He visited the car washes on “Ladies’ Day” and asked to be charged the same discount prices as were offered to females. 2 These business...
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Opinion Subdivision (a) of section 1, article XIII A of the California Constitution (hereinafter subdivision (a)), enacted by initiative of the People in 1978, limits ad valorem taxes on real property to 1 percent of full cash value. Subdivision (b) of the same section (hereinafter subdivision (b)), excepts from this limitation “ad valorem taxes or special assessments to pay the interest and rede...
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*53Opinion Defendant Wendell Warren Norris appeals from a conviction of kidnaping for the purpose of extortion, resulting in a life sentence with possibility of parole. (Pen. Code, § 209, subd. (a); all further statutory references are to that code unless otherwise indicated.) At issue is whether defendant committed, or intended to commit, the crime of extortion as defined by section 518 when, aft...
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Opinion Plaintiff Wallace Berrie & Company, Inc. (Berrie) appeals from a judgment denying recovery of certain taxes paid under protest. The issue is whether a wholesaler must pay a use tax on product-oriented display racks it provides retailers “free” with a minimum purchase of the merchandise to be displayed. We conclude that the regulation imposing a use tax under these circumstanc...
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I concur. Justice Poché wrote an excellent dissenting opinion in the Court of Appeal. In most respects, his analysis was identical to that of today’s lead opinion. Indeed, this court granted a hearing largely due to the persuasive force of Justice Poché’s arguments. The inevitable but unfortunate consequence was to wipe out the published record of his excellent contribution. It is worthwhile to re...
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Opinion —This appeal by plaintiff vendees who wilfully defaulted in making payments under an installment land sale contract requires us to reconsider such vendees’ right to completion of performance. Though we upheld specific performance in MacFadden v. Walker (1971) 5 Cal.3d 809 *106[97 Cal.Rptr. 537, 488 P.2d 1353, 55 A.L.R.3d 1], the trial court below concluded that the granting of such relief...
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Opinion Petitioner Charles Tyree Green (defendant) seeks writ review of a trial court ruling which denied his motion to suppress (1) statements he made to police officers on February 16, 1982, (2) his work coveralls that were seized on that date, and (3) confessions allegedly obtained as a result of the earlier statements and seizure of the coveralls. (Pen. Code, § 1538.5, subd. (i).) He contends ...
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40 Cal.3d 143 (1985) 707 P.2d 760 219 Cal. Rptr. 387 Conservatorship of the Person of VALERIE N. MILDRED G., as Conservator, etc., et al., Petitioners and Appellants, v. VALERIE N., Objector and Respondent. Docket No. S.F. 24745. Supreme Court of California. October 21, 1985. *146 COUNSEL Allen H. Fleishman and Fleishman & Jensen for Petitioners and Appellants. Frank O. Bell, Jr., and Quin De...
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Opinion Defendant appeals from a conviction of offering a false or forged instrument to be filed in a public office. (Pen. Code, § 115.) He contends that his prosecution was barred by the statute of limitations. We agree and reverse the judgment. I. On November 19, 1981, the San Francisco District Attorney filed a complaint in the municipal court charging defendant with a violation of Penal...
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I concur in the result and in all parts of the court’s opinion, except—if I read it correctly—its view of the impact of Williams v. State of California (1983) 34 Cal.3d 18 [192 Cal.Rptr. 233, 664 P.2d 137], on the law of the case as laid down in Clemente I. The court makes a valiant effort to reconcile the two decisions but, with all respect, it does not quite work. Of course Williams does not pre...
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40 Cal.3d 227 (1985) 707 P.2d 833 219 Cal. Rptr. 460 THE PEOPLE, Plaintiff and Respondent, v. ROBERT CLIFFORD FRITZ, JR., Defendant and Appellant. Docket No. Crim. 23838. Supreme Court of California. October 28, 1985. *228 COUNSEL Myra A. Weiher, under appointment by the Supreme Court, for Defendant and Appellant. John K. Van de Kamp, Attorney General, Ann K. Jensen and Martin S. Kaye, Deputy Att...
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I respectfully dissent. The majority fails to cite convincing caselaw or policy justifications to support its holding that a misdemeanant’s federal speedy trial rights attach upon the filing of a complaint even though no arrest has yet occurred. The United States Supreme Court has never extended speedy trial rights to prearrest delays and our own court has held that the filing of a criminal compla...
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40 Cal.3d 277 (1985) 707 P.2d 840 219 Cal. Rptr. 467 BRUCE COHEN et al., Plaintiffs and Appellants, v. BOARD OF SUPERVISORS OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Respondents. Docket No. S.F. 24873. Supreme Court of California. October 31, 1985. *282 COUNSEL Friedman, Sloan & Ross, Jeffrey S. Ross, Sheila L. Sakamoto, Lynne N. Henderson and Lawrence A. Gibbs for Plaint...
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Opinion An employee who suffers an injury in the course of his employment may recover damages in an action at law only if he comes within certain exceptions to the workers’ compensation law. (Lab. Code, §§ 3600, 3602.) 1 One of these exceptions is embodied in subdivision (b)(2) of section 3602 (hereinafter subdivision (b)(2)). It provides that an action at law may be brought “Where the employ...
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Opinion The Review Department of the State Bar Court has unanimously recommended that petitioner, Eugene A. Bambic, be disbarred for numerous acts of alleged misconduct. This court concludes that disbarment is warranted. I. On October 1, 1982, in two notices to show cause, petitioner was charged with violating his oath and duties as an attorney (Bus. & Prof. Code, §§ 6067, 6068,...
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40 Cal.3d 327 (1985) 708 P.2d 682 220 Cal. Rptr. 103 I.J. WEINROT AND SON, INC., Plaintiff and Appellant, v. MART BAILEY JACKSON et al., Defendants and Respondents. Docket No. L.A. 32028. Supreme Court of California. November 12, 1985. *329 COUNSEL Bernard S. Shapiro, Joseph W. Fairfield and Robert A. Fairfield for Plaintiff and Appellant. Demler & Armstrong, James P. Spaltro, Lascher & L...
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I respectfully dissent. Courts have fashioned the “going and coming” rule to aid in determining whether an injury occurred “in the course of the employment.” (Lab. Code, § 3600; Parks v. Workers’ Comp. App. Bd. (1983) 33 Cal.3d 585, 588 [190 Cal.Rptr. 158, 660 P.2d 382].) In applying this rule, courts have held “non-compensable the injury that occurs during a local commute enroute to a fixed place...
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Opinion The issue presented by this case is the constitutionality of provisions in Public Resources Code section 25531 for judicial review exclusively by this court of certain decisions of the State Energy Resources Conservation and Development Commission (Energy Commission) pertaining to construction projects for which the Public Utilities Commission (PUC) must issue a certificate of public conv...
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Opinion This is an automatic appeal (Pen. Code, § 1239, subd. (b)) from a judgment of death under the 1978 death penalty law (id., § 190.1 et *381seq.). We conclude that the judgment must be affirmed as to guilt (except on the attempted murder count) but that the special circumstance findings must be set aside under compulsion of Carlos v. Superior Court (1983) 35 Cal.3d 131 [197 Cal.Rptr. 79, 672...
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40 Cal.3d 391 (1985) 708 P.2d 1260 220 Cal. Rptr. 382 In re LAIRD GENE STANKEWITZ on Habeas Corpus. Docket No. Crim. 24137. Supreme Court of California. November 25, 1985. *395 COUNSEL Frank O. Bell, Jr., State Public Defender, Roy M. Dahlberg, Deputy State Public Defender, and Quin Denvir for Petitioner. John K. Van de Kamp, Attorney General, Michael D. Wellington and Robert M. Foster, Deputy At...
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Opinion Defendant Los Angeles Rams (Rams) and individual codefendants appeal from an order of the Los Angeles Superior Court denying their petition to compel arbitration. Basing its ruling on Graham v. Scissor-Tail, Inc. (1981) 28 Cal.3d 807 [171 Cal.Rptr. 604, 623 P.2d 165], the trial court held that the arbitration procedure established by the National Football League (NFL) collective bargainin...
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Opinion In March 1980, plaintiff Barbara Waters filed this action against defendant Ray Bourhis, an attorney who had represented her in an earlier suit against a psychiatrist, contending that the contingency fee which defendant had obtained after settlement of the earlier action exceeded the maximum fee permitted by Business and Professions Code section 6146, a provision of the Medical Injury Com...
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I respectfully dissent. *456As both the trial court and the Court of Appeal clearly saw, the issues in this case are quite simple and unerringly point to priority of United California Bank’s (UCB) security interest which was perfected in compliance with all applicable provisions of law. Unfortunately the majority obscures this simplicity by (1) an erroneous suggestion that the California Uniform C...
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*463Opinion Section 11580.2 of the Insurance Code1 provides for quasi-compulsory uninsured motorists (UM) coverage for most kinds of automobile liability policies. Among others, UM coverage protects as insureds the named insured, as well as family members living in the same household. (§ 11580.2, subd. (b).) Subdivision (d) of section 11580.2 (subdivision (d)) permits UM policies to provide “that ...
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I respectfully dissent. Petitioner is being made the scapegoat for the twin plagues of judicial overload and backlog—evils that were apparently well entrenched when Shakespeare had Hamlet deplore “the law’s delay.” The situation which prevailed in Fresno at the relevant times is dramatically described by the majority. Its opinion also recognizes that it would be unreasonable to discipline a compet...
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Opinion This case concerns the effect of a provision in a commercial lease1 that the lessee may not assign the lease or sublet the premises without the lessor’s prior written consent, The question we address is whether, in the absence of a provision that such consent will not be unreasonably withheld, a lessor may unreasonably and arbitrarily withhold his or her consent to an assignment.2 This i...
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*521Opinion Defendant Albert Greenwood Brown, Jr., was convicted on one count of rape (Pen. Code, § 261, former subd. (3))1 with the infliction of great bodily injury (§ 12022.8) (count I) and one count of first degree murder (§§ 187, 189) (count II). The jury made a special finding that the murder was premeditated. A special circumstance that the murder was committed in the course of a rape (§ 1...
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40 Cal.3d 550 (1985) 709 P.2d 1287 221 Cal. Rptr. 118 In re WILLIAM G., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. WILLIAM G., Defendant and Appellant. Docket No. Crim. 22945. Supreme Court of California. December 5, 1985. *554 COUNSEL Wilbur F. Littlefield, Public Defender, Laurence M. Sarnoff, Paul James, Allan C. Oberstein, Eugene Moutes, Edward Ruck...
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Opinion This is a proceeding to review a recommendation of the State Bar Review Department that petitioner, Daniel Murray, be suspended from the practice of law for two years, that execution of the suspension be *579stayed, and that petitioner be placed on probation for two years with specified conditions including actual suspension for one year.1 I. On January 5, 1984, petitioner was served with...
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40 Cal.3d 586 (1985) 709 P.2d 861 220 Cal. Rptr. 842 S. DWAYNE CHASTEEN, Petitioner, v. THE STATE BAR OF CALIFORNIA, Respondent. Docket No. L.A. 32022. Supreme Court of California. December 16, 1985. *588 COUNSEL S. Dwayne Chasteen, in pro. per., and Theodore A. Cohen for Petitioner. Herbert M. Rosenthal, Truitt A. Richey, Jr., Ellen A. Pansky and JoAnne Earls Robbins for Respondent. OPINION THE ...
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Opinion This is a proceeding to review the recommendation of the State Bar that petitioner, Jack Ritter, be suspended from the practice of law for three years, that execution of the suspension be stayed and that he be placed on probation for three years. The recommended conditions of probation include actual suspension for 60 days. I. On June 11, 1981, petitioner was charged wit...
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Opinion Appellants, Sara Sanders and her sons Darren and David, appeal from an order of the Superior Court of San Diego County denying their motion to set aside the court’s previous orders admitting the will of Mary Sanders to probate and ordering final distribution. Appellants moved to set aside the probate orders after they learned that respondent Frank Sutton, the executor, would inher...
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Opinion Defendant Robert Lee Massie appeals from a judgment imposing a sentence of death following his plea of guilty to charges of murder *622with special circumstances, assault with a deadly weapon, four counts of possession of a concealable weapon by an ex-felon, and three counts of robbery.1 As will appear, we conclude that the judgment of death must be reversed because the trial court failed ...
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40 Cal.3d 629 (1985) 710 P.2d 240 221 Cal. Rptr. 440 THE PEOPLE, Plaintiff and Respondent, v. JOSE LEON FUENTES, Defendant and Appellant. Docket No. Crim. 22379. Supreme Court of California. December 23, 1985. *632 COUNSEL David W. Steuber, under appointment by the Supreme Court, Paul W. Cane, Jr., Grace A. Carter, John A. O'Malley, Paul, Hastings, Janofsky & Walker, Quin Denvir, State Public...
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40 Cal.3d 644 (1985) 709 P.2d 1315 221 Cal. Rptr. 146 In re KEVIN, G., a Minor. THE PEOPLE, Plaintiff and Appellant, v. KEVIN G., Defendant and Respondent. Docket No. Crim. 24086. Supreme Court of California. December 23, 1985. *646 COUNSEL John K. Van de Kamp, Attorney General, James T. McNally and Ruth M. Saavedra, Deputy Attorneys General, for Plaintiff and Appellant. Robert L. Walker, under a...
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I respectfully dissent. The majority upholds the Agricultural Labor Relations Board’s (Board) award of “make-whole” relief, based upon its conclusion that petitioner’s refusal to bargain was not premised on a reasonable belief that it had a meritorious challenge to the integrity of the election which purportedly certified the United Farm Workers (UFW) as the employees’ bargaining representative. M...
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*675Opinion We consider issues relating to the liability of a manufacturer and a pharmacy for the production and sale of an allegedly defective drug, stilbestrol (DES). We will decide whether a pharmacy at which the drug was purchased may be held strictly liable for alleged defects in the product (as distinguished from ordinary negligence), and whether a manufacturer which sold 10 percent of DES ...
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Opinion Does the City of San Diego’s prohibition on write-in voting in municipal elections violate the state or federal Constitutions? I. The California Elections Code provides procedures for write-in voting in all federal, state and local elections. (Elec. Code, §§ 7300-7313, 17100-17102.)1 However, the California Constitution authorizes charter cities to adopt municipal election regulations irr...
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40 Cal.3d 734 (1985) 710 P.2d 833 222 Cal. Rptr. 1 IMELDA VICTORIA, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; KAISER FOUNDATION HOSPITALS et al., Real Parties in Interest. Docket No. L.A. 32081. Supreme Court of California. December 30, 1985. *737 COUNSEL Gantz & Forer, Frank Munoz, Emmett J. Gantz and Steven B. Stevens for Petitioner. No appearance for Respondent. ...
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Opinion Appellant Eric Cranston was discharged from his job as a Richmond City Police Officer. The city personnel board sustained the discharge, and the superior court denied a petition for writ of administrative mandamus. The principal question presented by Cranston’s appeal is whether a police officer may be disciplined for “conduct unbecoming an employee of the City Service” when, though previ...
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Opinion The issue presented in this case is whether the Southern California Rapid Transit District (RTD), a public corporation, has a duty to protect passengers aboard its buses from assaults by fellow passengers. We conclude that RTD does owe such a duty to its passengers and that RTD is not immune from liability under the facts alleged in plaintiffs’ complaint. *784 We ther...
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Opinion Plaintiffs appeal from a judgment enjoining them from renting their apartments except to senior citizens on a nonprofit basis.1 We conclude that the injunction must be vacated because the trial court misinterpreted the conditional use permit pursuant to which the project was to be built. In March 1962, the Foundation for Specialized Group Housing applied to the City of San Diego “to const...
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Opinion In this case, we construe various provisions of the Public Safety Officers Procedural Bill of Rights Act (the act) (Gov. Code, § 3300 et seq.; further statutory references are to this code unless otherwise indicated). Among other issues, we consider whether appellant police officer was properly advised of his constitutional rights prior to an administrative investigation into possible crim...
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Opinion This is a proceedihg to review a recommendation of the State Bar that petitioner be suspended from the practice of law for one year, and that execution be stayed on certain conditions including a one-year probation period and passage of the Professional Responsibility Examination. *842 Petitioner was admitted to the practice of law in 1973. In 1977, he was privately ...
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Opinion Where disability insurance policies are purchased during marriage with community funds, but the benefits are received after the parties have separated, are the benefits the separate property of the disabled spouse? I. After 18 years of marriage, Eileen and Ernest Saslow (hereafter wife and husband respectively) separated in 1975. During the marriage, the husband purchased several ...
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40 Cal.3d 870 (1985) 710 P.2d 309 221 Cal. Rptr. 509 BRIAN WHITE et al., Plaintiffs and Respondents, v. WESTERN TITLE INSURANCE COMPANY, Defendant and Appellant. Docket No. S.F. 24813. Supreme Court of California. December 31, 1985. *876 COUNSEL Garrison, Townsend & Orser, James L. Stoelker, D.D. Hughmanick, Daniel McLoughlin and Richard D. Carrington for Defendant and Appellant. *877 Stanfor...
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Opinion We granted review to resolve two important questions: (1) whether state courts have jurisdiction concurrently with federal courts over alleged violations of the civil provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO) (18 U.S.C. § 1961 et seq.); and (2) whether the Cartwright Act (Bus. & Prof. Code, § 16700 et seq.) applies to the medical profession. We answer eac...
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Opinion GRODIN, J. Appellant stands convicted of first degree murder (Pen. Code, §§ 187, 189),1 conspiracy to commit murder (§ 182), attempted murder (§ 664), robbery (§ 211), and assault with a deadly weapon on a peace *6officer (§ 245, subd. (b)). In addition, the jury found two special circumstances—committing murder in the course of a robbery and murdering a police officer in the line of duty ...
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Opinion This is an automatic appeal (Pen. Code, § 1239, subd. (b))1 after defendant was sentenced to death for robbing and shooting two putative confederates in a drug trafficking scheme, one fatally. He was found guilty by a jury of two counts of robbery (§ 211), one count of attempted murder (§§ 187, 664) and one count of first degree murder with a special circumstance, i.e., murder in the comm...
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Opinion Defendant Michael Todd Leach was cohvicted of one count of first degree murder (Pen. Code, § 187)1 and of one count of robbery (§211). The jury found that Leach personally used a deadly weapon in the commission of the murder and robbery (§ 12022, subd. (b)). Special circumstance allegations that the murder was intentional and involved the infliction of torture (§ 190.2, subd. (a)(18)) and ...
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41 Cal.3d 144 (1985) 711 P.2d 480 222 Cal. Rptr. 184 THE PEOPLE, Plaintiff and Respondent, v. DAVID BALDERAS, Defendant and Appellant. Docket No. Crim. 21979. Supreme Court of California. December 31, 1985. *160 COUNSEL Allan B. O'Connor, under appointment by the Supreme Court, for Defendant and Appellant. George Deukmejian and John K. Van de Kamp, Attorneys General, Robert H. Philibosian, Chief ...
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Opinion Appellant stands convicted by a jury of murder in the first degree with the special circumstance that the murder was intentional and involved the infliction of torture. The jury fixed the penalty at death. The appeal to this court is automatic. Appellant makes three challenges to the finding that the murder was committed under special circumstances. (Pen. Code, § 190.2 et seq.)1 First app...
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41 Cal.3d 296 (1985) 709 P.2d 1321 221 Cal. Rptr. 152 THE PEOPLE, Plaintiff and Respondent, v. STEVEN CLARK SILBERTSON, Defendant and Appellant. Docket No. Crim. 22357. Supreme Court of California. December 31, 1985. *298 COUNSEL Jimmie E. Tinsley, under appointment by the Supreme Court, for Defendant and Appellant. John K. Van de Kamp, Attorney General, James T. McNally, Edmund D. McMurray, Susa...
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Opinion Defendant Ronald Lee Deere appeals from a judgment imposing the death penalty following his conviction of one count of first degree murder and two counts of second degree murder, accompanied by a finding of a multiple-murder special circumstance (Pen. Code, § 190.2, subd. (a)(3)).1 We conclude that the convictions and special circumstance finding should be affirmed, but the judgment must ...
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41 Cal.3d 373 (1985) 710 P.2d 299 221 Cal. Rptr. 499 THE PEOPLE, Plaintiff and Respondent, v. LARRY LYNN COOK, Defendant and Appellant. Docket No. Crim. 23651. Supreme Court of California. December 31, 1985. *375 COUNSEL George S. Cooney and Patrick J. Briggs for Defendant and Appellant. Frank Bacon as Amicus Curiae on behalf of Defendant and Appellant. John K. Van de Kamp, Attorney General, Stev...
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I dissent. There are two issues in this case: whether a juvenile subject to custodial interrogation invokes his privilege against self-incrimination when he purports to request the presence of a parent, and whether evidence of defendant’s prior conviction was erroneously admitted. The facts are generally related in the majority opinion. However, some elaboration will be helpful, and discussion in ...
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Opinion Defendant Bernard Lee Hamilton was convicted of first degree murder, burglary, robbery and kidnapping (Pen. Code, §§ 187, 459, 211, 207).1 Special circumstance allegations that the murder was committed while defendant was engaged in or was an accomplice in the commission of robbery (§ 190.2, subd. (a)(17)(i)), burglary (§ 190.2, subd. (a)(17)(vii)), and kidnapping (§ 190.2, subd. (a)(17)(i...
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