Court Cases Court Cases

  Most Popular Cases Tab Overlap Cases with Faces Tab Overlap Cases by Type Tab Overlap Cases by Reporter Tab Overlap Cases by Year Right End

All Reporters → cal-rptr → Volume 108

Opinions in cal-rptr Volume 108

Opinion When a claims interviewer denied plaintiff’s (hereinafter petitioner) application for unemployment benefits, petitioner asked an attorney to appeal that decision to a referee. Due to a mistake in calendaring, the attorney filed the appeal three days after the expiration of the ten-day period provided by Unemployment Insurance Code section 1328. Although both section 1328 and Unemploymen...
Views: 13
Opinion This is a proceeding to review a recommendation of the disciplinary board that petitioner be disbarred. *504Petitioner, a 64-year-old attorney who was admitted to practice in 1934, has no prior disciplinary record. In the instant proceeding he was charged in a notice to show cause with violating his oath and duties as. an attorney (Bus. & Prof. Code, §§ 6103, 6067, 6068) and committing ac...
Views: 0
Opinion Defendant appeals from a conviction of robbery (Pen. Code, § 211) following trial by jury. He asserts that prejudicial error occurred at trial, namely, two separate violations of the rule which forbids any adverse comment upon the exercise of his right to .remain silent at trial. (See Griffin v. California, 380 U.S. 609 [14 L.Ed.2d 106, 85 S.Ct. 1229].) We have concluded that althou...
Views: 19
Opinion Appellant is a professional football player. Respondent is a Michigan corporation, and it owns and operates a professional football team for profit. Appellant brought this action in the Superior Court of Kern County to recover his full salary for the 1970 professional football season; the complaint alleged that appellant contracted to play professional football for respondent for ...
Views: 8
Opinion The appeal is from a judgment entered following trial by jury finding appellant Charles Wheeler guilty on four counts of robbery, four counts of assault, one count of auto theft and one count of possessing an illegal weapon. Appellant and his codefendant, Ben Reed, entered the supermarket shortly before 5:30 a.m. on May 13, 1970. George Frazier, a clerk in the market, waited on them as the...
Views: 7
*521 Opinion The original complaint in this matter was filed by Elmer and Avis Crews, husband and wife, and was for serious personal injuries suffered. by the latter; also for medical expenses and hospitalization. Originally, the sole defendants were Trails Trucking, Inc. (“Trails”) and its truck driver, Peter R. Ramirez. The injuries resulted from a collision between the Crews’ ...
Views: 3
Opinion Michael Kenneth Parks was charged by information with murder in violation of section 187 of the Penal Code. A jury found him guilty as charged and further found the murder to have been of the first degree. The same jury in the bifurcated penalty phase returned a verdict of death. The trial judge denied a motion for a new trial, refused to modify the jury’s verdict of death and ordered, ...
Views: 8
Opinion By information defendant was charged with the murder of Johnnie Lee Jackson (§ 187, Pen. Code). Her motion to set aside the information (§ 995, Pen. Code) was granted. She argued, on the basis of testimony that before Mrs. McCullough heard two shots she heard a female voice say, “You are going to kill me, you are going to kill me,” that the evidence showed self-defense. The People appea...
Views: 0
Opinion This action involves the construction of language limiting coverage under a life insurance policy. It was submitted for decision on stipulated facts and other documentary evidence. From a judgment in favor of plaintiff-beneficiary defendant appeals. The background facts are undisputed: On June 4, 1967, the deceased made written application to defendant for a life insurance policy; on ...
Views: 10
*126 Opinion This is an appeal by the People of the State of California from a final order in a proceeding arising out of the petition of Wenford La Rue Scott for a writ of habeas corpus. The order was that the Adult Authority: “ . . . conduct a preliminary hearing in accordance with the decision and rules of Morrissey v. Brewer, supra, 408 U.S. 471 [33 L.Ed.2d 484, 92 S.Ct. 2593] to de...
Views: 11
Opinion This is an appeal by the People pursuant to Penal Code section 1238, subdivision (a) (8) from a pretrial order of the superior court dismissing an indictment. *93 Defendant, together with Sanford Miller, M.D., Jack D. Wax, M.D., and Charla Janecek, was indicted by the Grand Jury of Los Angeles County for violations of Penal Code section 182, subdivision 4 and Penal C...
Views: 0
Opinion Petitioner California State Employees’ Association appeals from a judgment denying its petition for.a writ of mandate directing respondent State Personnel Board (hereinafter “Board”) to vacate its order establishing a class of civil service employees described as “Career Executive Assignments” (hereinafter “CEA”) and restraining respondent Board from holding executive sessions, except i...
Views: 1
Opinion Plaintiffs California State Employees’ Association, et al., filed two separate actions for declaratory relief and writs of mandamus on behalf of all of the employees of the state whose salaries or wages are established either by the State Personnel Board, the Trustees of the California State Colleges (now the Trustees of the California State University and Colleges), or the Regent...
Views: 17
Opinion Defendant Edward Arthur Grace appeals from an order granting probation entered after he pleaded nolo contendere to possession of dangerous drugs (Health & Saf. Code, § 11910, now § 11350) following denial of his motion to suppress evidence under Penal Code section 1538.5. He contends the motion to suppress evidence should have been granted because (1) the police stopped his car wi...
Views: 14
Opinion Appellants, Realty Projects, Inc., Stanley Zimmerman, Richard Greenberg and Frances Varela, appeal from a judgment denying them a writ of mandate that would have directed the Department of Real Estate to set aside its decision and order suspending and revoking their real estate licenses. The basic issue of this appeal is whether under the Real Estate Law licensed real estate brokers a...
Views: 9
Opinion We are called upon to determine whether "attempted assault” is a crime in the State of California. We conclude that it is not. About 10:30 a.m. on the morning of December 7, 1971, Los Angeles Police Officer Sietz and his partner were conducting a field interview with two juveniles loitering in the area of a school. Across the street, some 35 feet away, a crowd of 75 to 100 ot...
Views: 6
Opinion The People appeal from an order dismissing an indictment against respondent on the ground that the delay in prosecution denied him due process of law. On March 8, 1972, respondent was indicted for selling heroin to a minor in violation of Health and Safety Code section 11502 (now § 11353), The sale was alleged to have occurred on or about May 20, 1971. Respondent was arraigned on th...
Views: 7
Opinion Plaintiffs appeal from a summary judgment entered in favor of Beckman Instruments, Inc., in an action for damages for wrongful death brought under the Jones Act (46 U.S.C.A. § 688). 1 The case raises the question of the legal effect of a California Workmen’s Compensation Appeals Board award on the ability of the party receiving the award to subsequently recover under ...
Views: 0
Opinion Defendants appeal from the judgment entered July 8, 1971,. awarding them $116,000 as compensation for their real property, condemned in fee for public parking purposes. Their complaint is that the award does not include “moving expenses,” damages by reason of relocation of their business, alleged loss in value to an assertedly unique auto parts inventory, loss of customers and business go...
Views: 0
Opinion Gregory Arthur Sneed appeals from a judgment of conviction of unlawful cultivation of marijuana in violation of Health and Safety Code section 11530.1. Appellant’s purported appeal from the denial of his motion to suppress made pursuant to Penal Code section 1538.5 is dismissed. Review thereof is afforded upon appeal from the judgment of conviction. (Pen, Code, § 1538.5, subd. (m).) H...
Views: 9
Opinion Petitioner Edith E. Warriner sought a writ of mandate (Code Civ. Proc., § 1094.5) directing the California Unemployment Insurance Appeals Board to set aside its decision denying petitioner unemployment insurance benefits. The trial court denied the writ, made certain findings of fact and conclusions of law, and judgment was entered accordingly. Petitioner has appealed. The facts developed ...
Views: 0
*411Opinion By information, defendant was charged in count I with possession of marijuana (Health & Saf. Code, § 11530), and in count H, with possession of an amphetamine (Health & Saf. Code, § 11910). Defendant pleaded not guilty. Defendant’s motion pursuant to Penal Code section 1538.5 was submitted on the transcript of his preliminary hearing and was denied. Defendant submitted count. I on the...
Views: 0
Opinion Appellant petitioned the superior court for a writ of mandate, pursuant to Code of Civil Procedure section 1094.5, directing respondents to grant his claim for unemployment insurance benefits. He appeals from a judgment denying the writ. During the 1969 canning season appellant was employed by Hunt- *335 Wesson Foods, Inc., where he earned sufficient wages to qualify for unemploymen...
Views: 9
Opinion An amended information charged defendant with the murder (Pen. Code, § 187) of Hector J. Solis. It also charged that the defendant, in committing the offense, used a firearm. (Pen. Code, § 12022.5.) After lengthy deliberations a jury found defendant guilty of second degree murder. The firearm charge was found to be true. Defendant appeals. Facts The homicide occurred during the nigh...
Views: 8
9 Cal.3d 524 (1973) 510 P.2d 361 108 Cal. Rptr. 185 STANLEY M. LINDROS, Plaintiff and Appellant, v. GOVERNING BOARD OF THE TORRANCE UNIFIED SCHOOL DISTRICT, Defendant and Respondent. Docket No. L.A. 30059. Supreme Court of California. In Bank. May 31, 1973. *526 COUNSEL Arthur Grebow and Stephen E. Kalish for Plaintiff and Appellant. John D. Maharg, County Counsel, Kenneth E. Reynolds, John J. Wa...
Views: 4
32 Cal.App.3d 1053 (1973) 108 Cal. Rptr. 200 Guardianship of the Person and Estate of ALICE FRANCIS GRIDLEY, an Incompetent Person. ARNOLD GRIDLEY, Plaintiff and Appellant, v. DEPARTMENT OF MENTAL HYGIENE, Defendant and Respondent. Docket No. 31484. Court of Appeals of California, First District, Division One. May 11, 1973. *1055 COUNSEL Alexander Poeter and Michael L. Krassner for Plaintiff and ...
Views: 3
*702 Opinion After jury trial appellant, Marion A. Carr, was convicted of assault with a deadly weapon while he was incarcerated in state prison for a term less than life in violation of Penal Code section 4501. He was sentenced to state prison for the term prescribed by law, the sentence to run consecutively with any other sentence he was then serving. This appeal followed. Appellant was a...
Views: 12
Opinion Plaintiff appeals from a judgment of dismissal following an order sustaining a demurrer to his first amended complaint without leave to amend. Review of the court’s ruling requires an analysis not only of the first amended complaint, but of the original as well. We, therefore, briefly summarize both pleadings. *595 The original complaint named as defendants Jack D. W...
Views: 5
Opinion Petitioner was employed as a peace officer from 1946 to 1962. He suffered a heart attack on 23 June 1971 and filed his claim for workmen’s compensation benefits within one year of his heart attack. Relevant is Labor Code section 3212.5, which declares that heart trouble developing or manifesting itself during a period of employment as a peace officer is presumed to arise out of and occu...
Views: 2
Opinion In a 21-count information, defendant was jointly charged with codefendant Bittman (not appealing here) with various counts of violating sections 472, 496, 470 of the Penal Code, and section 10851 of the Vehicle Code and section 11911 of the Health and Safety Code. Defendant’s motion pursuant to section 995 of the Penal Code was denied as to all counts, except count XV, which charged a...
Views: 9
Opinion In a one count information the defendant was charged with grand theft in violation of section 487, subdivision 1, of the Penal Code; a jury convicted him. The trial was preceded by a motion to dismiss pursuant to section 995 of the Penal Code and followed by a motion for a new trial pursuant to section 1181 of the Penal Code—they were both denied. Following a 90-day commitment to the De...
Views: 7
*555 Opinion Plaintiff appeals from a judgment after the granting of defendants’ motion for a judgment on the pleadings awarding plaintiff (appellant) damages of $50. The facts are not in dispute. 1 For purposes of defendants’ motion for judgment on the pleadings, the factual allegations in appellant’s complaint are deemed to be true. The following is an outline of the facts alleged in the ...
Views: 1
Opinion The defendant is charged in a misdemeanor complaint filed by the City Attorney of the City of Los Angeles with five counts of violating section 311.2 of the Penal Code (possession with intent to distribute and distributing obscene matter). On May 31, 1972, defendant moved in the Municipal Court of the Los Angeles Judicial District under Penal Code section 1538.5 for the suppr...
Views: 2
Opinion Petitioners brought the subject class suit for a writ of mandate and declaratory relief on behalf of the faculties and academic employees of the University of California and California State Colleges. The basis .of the suit alleged in petitioners’ “First Amended Petition for Writ of Mandamus” is that the aforementioned academic personnel did not receive salary increases for the fi...
Views: 6
*734Opinion Appellant, having been discharged from his job with Pacific States Steel Corporation and having been denied unemployment insurance by the Unemployment Insurance Appeals Board (hereafter “the Board”), sought a writ of mandate to compel an order for payment. The writ was denied. He appeals. Kaylor was cited for driving a motor vehicle without an operator’s license. It was discovered that...
Views: 0
Opinion David Bellucci and Beverly A. Bellucci, the plaintiffs in an action for declaratory relief against the respondent Town of Los Altos Hills, an incorporated municipality, and the defendants, along with appel *490 lant Adobe Creek Properties, Inc., in an action commenced by that city’s complaint for injunction, declaratory relief and abatement of zoning violations, have ...
Views: 9
Opinion Petitioners were hired by the Police Department of the City of San Bernardino as animal control officers. As city employees they became contract members of the Public Employees’ Retirement System (system). 1 At the time of employment, each petitioner was classified under the retirement system as a local safety member. Years later, the executive *571 officer...
Views: 8
Opinion On September 20, 1971, appellant petitioned superior court for a writ of mandate to compel respondent municipal court to assume subject matter jurisdiction in unlawful detainer actions that appellant had previously caused to be instituted against real parties in interest. In brief, appellant’s petition alleged the following: Appellant was a California corporation and owned a ...
Views: 3
Opinion James E. Hamilton, real party in interest, has appealed from a judgment directing a peremptory writ of mandate to Harry M. Free, the County Clerk of Imperial County, that said clerk file a petition for the recall of Hamilton as District Attorney of Imperial County. The petitioners for the writ are Renee T. Dodge, Robert K. Dodge, Mary Agnes A. Poloni, Evan Derrick and Michael F. Ferri...
Views: 6
Opinion Plaintiff (a limited partnership, hereinafter called “D-B”) sought a judgment in declaratory relief that the lien of a deed of trust held by it on 172 lots in a tract, was prior and superior to the liens of two deeds of trust held by defendant Atlantic Savings and Loan Association (Atlantic). The judgment was adverse to D-B and it appeals. The issues arise out of a transactio...
Views: 3
Opinion Defendant and Charles Dreyer were indicted on eleven (11) counts of grand theft (Pen. Code, §§ 484, 487) and one (1) count of attempted grand theft. Defendant’s motion to dismiss the indictment (Pen. Code, § 995) was granted as to the attempt charge, and denied as to the others. He waived jury, was tried by the court, and convicted of 10 counts of grand theft. The court suspended ...
Views: 9
*606 Opinion Mandamus. Gail Rentzer suffered an ectopic pregnancy 1 when gestation occurred in one of her fallopian tubes, a part of the body in which a fetus cannot survive. The tube ruptured, surgery was required to save Rentzer’s life, and as a consequence she was unable to work for six weeks. Rentzer appeals a judgment of the superior court refusing to order the California Unemployment ...
Views: 10
32 Cal.App.3d 1 (1973) 108 Cal. Rptr. 338 THE PEOPLE, Plaintiff and Respondent, v. MANUEL JOSEPH MORENO, Defendant and Appellant. Docket No. 24393. Court of Appeals of California, Appellate Department, Superior Court, San Joaquin. March 30, 1973. *3 COUNSEL Robert N. Chargin, Public Defender, and George W. Luke, Deputy Public Defender, for Defendant and Appellant. Joseph Baker, District Attorney,...
Views: 5
Opinion The Incident(s) At about 5 o’clock in the morning on January 1, 1972, Sheriff’s Deputies Dunn and Phillips responded to a call of a family disturbance at 848 South Adelbert Street with the possibility of a gun involved. When the officers arrived, they noticed Manuel Moreno standing on the front porch sobbing. He did not respond to their questioning so the officers interrogated the residen...
Views: 3
I dissent. The majority opinion reverses appellant’s conviction on the ground that he was denied his right to a trial by a “jury of the State and district wherein the crime shall have been committed” (italics added) as guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution. For the reasons set forth below, I have concluded that the jury selection procedure employed in ...
Views: 3
*606 Opinion This is a proceeding to review a recommendation of the Disciplinary Board that petitioner be suspended from the practice of law for 60 days. 1 Petitioner, who was admitted to practice in 1955, has no prior disciplinary record. In the instant proceeding he was charged with, inter alia, wilfully violating rule 12 of the Rules of Professional Conduct, which...
Views: 8
Opinion Linda Bedford by her guardian ad litem appeals from a judgment for defendants in a personal injury action.1 Defendant, a truck driver at construction projects, became interested in masonry. When he moved into a new house in San Jose he planned to landscape the house’s then-naked front yard, both to improve its appearance and to provide an area in which his wife could display her floral ar...
Views: 0
Opinion Petitioners (the Empfields and Powells) sold an apartment house to the real parties in interest (the Spickas) taking as down payment a parcel of unimproved real property. The Spickas allegedly failed to make payments on trust deeds on the apartment house and, petitioners brought an action for foreclosure of a deed of trust which named them as beneficiaries. The Spickas filed a cross-com...
Views: 3
Opinion Petitioner (hereinafter “County”) sought a writ of supersedeas which we treated as a petition for writ of mandate, and thereupon issued an alternative writ. Respondents filed appropriate reply to the petition and have also in the trial court .interposed their demurrer and answer. These proceedings follow the filing of a complaint by County in the County of Inyo against respon...
Views: 8
Opinion Respondent in this appeal is the State of California. Appellants are 40 individuals; they appeal from an order of the Superior Court of Sacramento County. On December 11, 1970, appellants made an application with the State Board of Control pursuant to section 915 of the Government Code for leave to file a late claim. 1 The proposed claim inter alia alleged that eac...
Views: 9
Opinion By amended information, defendant was charged with assault with intent to rape (count 1, Pen. Code, § 220), assault by means likely to produce great bodily injury (count 2, Pen. Code, § 245, subd. (a)), oral copulation (count 3, Pen. Code, § 288a), and attempted forcible rape (count 4, Pen. Code, §§ 663, 664, 261, subd. 2). In connection with the charge of attempted rape (count 4), it w...
Views: 8
Opinion This appeal involves the right of a workmen’s compensation insurance carrier—intervener Cypress Insurance Company—to recover from a third-party tortfeasor for benefits paid by it on behalf of the employer of an insured workman. The workman—plaintiff Shamblin—was employed by Driver-Eddy Construction Company. On the date of the accident plaintiff, at the direction of his employ...
Views: 1
Opinion Plaintiffs-appellants appeal on a clerk’s transcript from judgment of the Marin County Superior Court in favor of defendants-respondents. Questions Presented 1. The master plan for the Hilarita project conforms to the City of Tiburon’s general plan. *837 2. The project is not subject to referendum under article XXXIV, California Constitution. 3. Th...
Views: 2
Opinion The appeal from a judgment denying appellant Katz' petition for a writ of mandate to compel respondents, Department of Motor Vehicles, et al. (Department), to issue a personalized license plate bearing the letters EZ LAY, presents questions of first impression as to the constitutionality of Vehicle Code section 5105. Katz contends that the statute, first, is vague on its face; second, i...
Views: 5
*727 Opinion Petitioner filed a writ of mandate charging respondents with violating article XVIII of the Charter of the City of Los Angeles in causing petitioner’s pension to be reduced by the amount of an $18,100 workmen’s compensation award that had been made to petitioner. Respondents answered, a hearing was held in department 65 of the superior court, and the court denied petitioner any r...
Views: 0
Opinion These three consolidated appeals have surfaced out of a procedural morass, involving the assessment and taxation of data process *659 ing equipment and systems furnished by contract to the State of California, by RCA Corporation. The State of California, being exempt from taxation (Cal. Const., art. XIII, § l), 1 the county assessor turned his guns on RCA, ...
Views: 3
Opinion This appeal arises out of civil litigation in which plaintiff Dr. Goodley sued defendants Dr. Sullivant, Dr. Halloran, Dr. Wood, and .nurse Lovelady in defamation and in interference'' with the practice of a profession. In brief, prior to July 13, 1965, plaintiff had been a member of the medical staff of Jared Sidney Torrance Memorial Hospital (hereinafter either the hospital or Torra...
Views: 7
*830 Opinion This action involves a dispute between a subcontractor (Titan Enterprises, hereinafter referred to as “petitioner”) and a general contractor (Anno Construction, hereinafter referred to as “respondent”), over alleged nonpayment for work, done on a hospital building pursuant to a written contract. The dispute before us involves only a procedural issue—namely was that d...
Views: 5
Opinion The Rath Packing Company, a corporation (Rath) pursuant to laws of the United States and specifically Wholesome Meat Act of 1967, 21 United States Code, section 601 et seq. (U.S. Law) processes, packages, weighs and labels meat products including bacon at its plant in a state other than California and markets the same to retailers throughout the United States, including retailers in South...
Views: 0
Opinion We treat this case as a companion to Gonzalez v. Municipal Court (1 Civ. 32757) ante, page 706 [108 Cal.Rptr. 612]. Petitioner, in a complaint filed on June 14, 1972, in the Municipal Court for the San Jose-Milpitas Judicial District of the County of Santa Clara, was charged with misdemeanor drunk driving on. June 11, 1972, in violation of section 23102 of the Vehicle Code. The complaint a...
Views: 0
Opinion Petitioners, Robert F. Brown and his six codefendants in one criminal prosecution, and Abbass Bozorg and his four codefendants in a second prosecution, were convicted after jury trials of violating Penal Code sections 408 (participating in an unlawful assembly) and 415 (disturbing the peace). They were acquitted of charges of violating section 409 of that code (failure to disperse...
Views: 7
Opinion By an information, defendant and Curtis Vann were charged with sodomy (Pen. Code, § 286), and Carlos Rodriguez was charged with attempted sodomy and assault with intent to commit that offense. At defendant’s request, his case was severed. After a court trial, he was found guilty of sodomy, and a jury subsequently found that he was sane at the time of the commission of the offense....
Views: 4
9 Cal.3d 566 (1973) 510 P.2d 1032 108 Cal. Rptr. 480 JEROME GRUENBERG, Plaintiff and Appellant, v. AETNA INSURANCE COMPANY et al., Defendants and Respondents. Docket No. L.A. 30082. Supreme Court of California. In Bank. June 11, 1973. *569 COUNSEL Hirsch, Marcus & Wechsler and Alvin Hirsch for Plaintiff and Appellant. Wagner & Scuderi, Robert S. Scuderi, Robert E. Cartwright, Edward I. Po...
Views: 20
Opinion Plaintiff appeals from an order dismissing a purported class action after an order sustaining a special demurrer to a second *791 amended complaint and also sustaining without leave to amend a general demurrer to that complaint. For the reasons stated below we conclude that the demurrer was properly sustained without leave to amend and, therefore,, affirm the judgment (order of dism...
Views: 1
Opinion The grand jury indicted Mary Brunner for the murder of Gary Hinman, whereupon Brunner moved to dismiss the indictment on the claim she had been promised immunity from prosecution by the district attorney in return for her testimony about the Hinman murder. The superior court dismissed the indictment and permanently restrained Brunner’s prosecution for the Hinman murder. The People have ...
Views: 10
Opinion This cause concerns eligibility for benefits under the Aid to Families With Dependent Children Program (referred to as “AFDC”). Steve Duncan (referred to as “Duncan”) at the time of the application for benefits was 17 years old, married, and his wife was pregnant. He was a senior enrolled as a full-time student at Chowchilla High School and expected to be graduated and receiv...
Views: 5
32 Cal.App.3d 862 (1973) 108 Cal. Rptr. 522 Estate of WILLARD S. WOOD, Deceased. SOUTHERN CALIFORNIA FIRST NATIONAL BANK, Petitioner and Respondent, v. MORTON T. SWARTH et al., Claimants and Appellants. GENEVIEVE L. KNIGHT, Claimant and Respondent. Docket No. 11389. Court of Appeals of California, Fourth District, Division One. June 11, 1973. *865 COUNSEL Gray, Cary, Ames & Frye, John M. Cran...
Views: 0
Opinion There are four separate appeals from a judgment directing Southern California First National Bank, as trustee of trusts created by the *866decree of 'distribution in the estate of Willard S. Wood, to distribute the assets of one of the trusts in accordance with an appointment made by Florence Wood, widow of Willard S. Wood and donee of a power to appoint those assets. The controversy aris...
Views: 0
32 Cal.App.3d 918 (1973) 108 Cal. Rptr. 543 GENERAL ELECTRIC COMPANY et al., Cross-complainants and Appellants, v. THE STATE OF CALIFORNIA ex rel. DEPARTMENT OF PUBLIC WORKS et al., Cross-defendants and Respondents. Docket Nos. 30690, 30691, 30692. Court of Appeals of California, First District, Division One. June 4, 1973. *920 COUNSEL Sedgewick, Detert, Moran & Arnold, Ivan Weinberg, Stephen...
Views: 2
Opinion According to the complaints of the three separate actions from which the instant appeals have arisen, an automobile driven by James Bailey in which his wife Sharon was a passenger was rear-ended by another vehicle. The Bailey car was thereby propelled across a center dividing “island” into oncoming traffic, causing a head-on collision with a vehicle driven by Wallace Moore. The vehicle wh...
Views: 1
Opinion Defendant appeals from an order 1 granting probation entered after a jury found him guilty of voluntary manslaughter (Pen. Code, § 192, subd. 1) as charged. He contends that: (1) 'the trial court erred to his prejudice by submitting the question of justifiable homicide to the jury (Pen. Code, § 197, subd. 4), and in refusing to grant his motions for a directed verdict, ...
Views: 6
Opinion Appellant appeals from a judgment in favor of respondents in the amount of $4,081.08. Appellant filed a first amended complaint alleging seven causes of action against respondents; respondents filed a first amended cross-complaint alleging four causes of action against appellant. The trial court found in favor of'appellant on her third and fourth causes of action for a total of $4,298...
Views: 4
Opinion Defendant and one Dale Allen Mitchell were indicted on March 8, 19.72, and jointly charged in count I with possession of a deadly weapon as prisoners confined in a state prison in violation of section 4502 of the Penal Code and in count II defendant alone was charged with an assault with a deadly weapon, being a person confined in a state prison, in violation of section 4501 of the.Pena...
Views: 20
Opinion E. L. McKinney and his son, Donald L. McKinney, brought an action for declaratory relief to establish that defendant insurer was liable under its uninsured motorist coverage for injuries to the named insured’s son. Judgment went for the insurer on the ground that the accident was one which would come within the exemptions of the mandatory insurance coverage required by statute. It...
Views: 4
*629 Opinion The crucial question we face here is whether a citizen may properly be subjected to the peering of the policeman who, without a search warrant, walks over ground to which the public has not been invited but which has been reserved for private enjoyment, stands by a window on the side of a house and peeks through a two-inch gap between the drawn window shade and the s...
Views: 23
Opinion Plaintiffs appeal from order setting aside entry of default and default judgment. On March 9, 1967, plaintiffs filed suit for personal injuries arising out of an automobile accident on March 17, 1966. Both parties were insured with State Farm Mutual Automobile Insurance Company. Because of difficulty in locating defendant he was not served until March 8, 1970; no answer having been file...
Views: 4
*709 Opinion Petitioner, Alejo Gonzalez III, was charged, in a complaint filed in the Municipal Court for the San Jose-Milpitas Judicial District on March 6, 1972, with misdemeanor drunk driving, in violation of section 23102 of the Vehicle Code, and with driving while his license was revoked, in violation of section 14601. The complaint also charged petitioner with two prior convictions for ...
Views: 7
Opinion Robert Lee Brannon was convicted in the Municipal Court of the Fresno Judicial District of misdemeanor drunk driving in violation of Vehicle Code section 23102, subdivision (a). The trial judge granted defendant’s motion for a new trial on the ground that the results of a breathalyzer test were improperly received in evidence. The People appealed to the appellate department of the super...
Views: 6
*3 Opinion Petitioners, Local 660 of the Los Angeles County Employees Association and Local 535 of the Social Workers Union, sought a peremptory writ of mandate ordering the defendant County of Los Angeles and two of its departments, the department of public social services (DPSS) and the department of personnel, to undertake certain negotiations with the petitioners. The trial court granted ...
Views: 7
Opinion The Sacramento County Grand Jury returned an indictment charging Samuel D. Somers with involuntary manslaughter. (Pen. Code, § 192.) His motion to set aside the indictment under Penal Code section 995 was denied. Invoking Penal Code section 999a, he seeks a writ of prohibition, charging that the evidence before the grand jury did not supply reasonable or probable cause for his indictmen...
Views: 3
*1023 Opinion The issue in this cause is whether petitioner’s right to a speedy trial is being violated by the Municipal Court of the Bakersfield Judicial District of Kern County. Petitioner has been represented by counsel throughout the proceedings. Petitioner was arrested on April 8, 1972, on a charge of violating Vehicle Code section 23102, subdivision (a) (driving under ...
Views: 1
*1013 Opinion United Pacific Insurance Company (hereinafter “appellant”) filed a complaint for breach of a liability insurance policy alleging that respondent failed to defend ánd indemnify Dallas Smith (hereinafter “Smith”) and Linda Iskenderian (hereinafter “Linda”) in a third party action and other third party claims for bodily injury and property damage, that appellant was su...
Views: 0
Opinion In this action for damages for alleged defamation by slander plaintiff appeals from summary judgment entered in favor of defendants; he also noticed an appeal from order denying his motion to amend his complaint to conform to proof. Inasmuch as it is reviewable on appeal from the judgment, such order is nonappealable. (Hurley v. Lake County, 133 Cal.App. 219...
Views: 3
Opinion It has long been the rule in this state that a magistrate’s dismissal of criminal charges following a preliminary examination does not bar the People from either refiling the same charges before another magistrate or seeking an indictment based upon those charges. (See Ex parte Fenton, 77 Cal. 183, 184 [19 P. 267]; People v. Prewitt, 52 Cal.2d 330,...
Views: 9
32 Cal.App.3d 1067 (1973) 108 Cal. Rptr. 669 Estate of EMMA HELENA KLAUENBERG, Deceased. FRANCIS R. GIAMBRONI, Petitioner and Respondent, v. DONALD JURGENSEN, as Executor, etc., Objector and Appellant. Docket No. 31945. Court of Appeals of California, First District, Division Two. June 20, 1973. *1068 COUNSEL Burton & Foster and Blair F. Burton for Objector and Appellant. White, Giambroni &am...
Views: 0
*1069Opinion On this appeal1 by D. G. Jurgensen, the buyer, from an order of the probate court confirming the sale of real property by the executor, the major contention is that the court erred as a matter of law as the buyer withdrew his bid before the confirmation hearing. As we have concluded that there is no merit to this contention, the judgment of confirmation must be affirmed. The record i...
Views: 0
*13Opinion Eddie Lee Johnson, Ronald King, Charles Preston Smith, Vernice Lee Thomas and Shirley Ann Clark appeal from convictions on some of the counts which were included in a nine-count indictment. The trial on counts I, II and III of the indictment was severed from the trial of the remaining counts, IV through IX.. The convictions from the second trial led to the appeal in People v. Johnson (2...
Views: 11
Opinion Each of appellants allegedly is an X-ray technician licensed as such by, and a member of, the American Radiography Technologists (ART), a national organization which approves X-ray training schools in this state and elsewhere, and examines and licenses or certifies its members. In consolidated appeals two of the technicians seek review of a judgment in one action (No. 1 Civ. 30995...
Views: 0
*57 Opinion On the night of July 12, 1971, an unknown assailant entered the Dog Bar campground, located on the Bear River in Nevada County. He entered the tent of Mr. and Mrs. Kenneth Garbe, attacked them, pursued them outside, then attacked other campers, hacking and stabbing with a curved knife which witnesses compared to a sickle. When the episode had run its course, two campe...
Views: 15
33 Cal.App.3d 160 (1973) 108 Cal. Rptr. 716 ALFREDO RUSSI, Petitioner, v. THE SUPERIOR COURT OF NAPA COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. 32382. Court of Appeals of California, First District, Division Four. June 29, 1973. *163 COUNSEL Geoffrey B. Stearns for Petitioner. Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, Doris...
Views: 3
33 Cal.App.3d 133 (1973) 108 Cal. Rptr. 726 LEWIS F. MILTON, Plaintiff and Respondent, v. MONTGOMERY WARD AND COMPANY, INC., Defendant and Appellant. Docket No. 39835. Court of Appeals of California, Second District, Division Five. June 28, 1973. *135 COUNSEL Belcher, Henzie & Biegenzahn and Robert D. Walker for Defendant and Appellant. Ross, Feinberg & Grossman, Ross, Feinberg, Grossman ...
Views: 5
Opinion Defendant appeals from the Los Angeles County Superior Court’s order denying his motion to set aside, a default judgment. On May 18, 1968, one Jack W. Soffer died, and his will was admitted to probate in Los Angeles County Superior Court. Defendant, a Florida resident, was a residuary legatee under the Soffer will. On June 17, 1968, before distribution of the Soffer esta...
Views: 0
Opinion This appeal involves a coverage dispute between a homeowner’s insurance carrier (plaintiff; hereinafter, “Hartford”) and an automobile insurance carrier (defendant; “Civil Service”). The matter came before us upon a somewhat inconclusive record.. At the heart of the dispute is a claim made by Mrs. Elizabeth Ehrenburg that she suffered personal injury on October 24, 1966. As w...
Views: 6
Opinion Defendant has appealed from an, order admitting him to probation 1 following his conviction of credit card forgery in violation of sub *1032 division (2) of section 484f of the Penal Code. 2 Defendant was charged with this offense 3 and two prior felony convictions. Following a plea of guilty and denial of the priors; his motion to dis...
Views: 1
Opinion This is an appeal by plaintiffs from a judgment denying relief on their complaint for declaratory and injunctive relief and their petition for writ of mandate. Plaintiffs sought to challenge the exclusion by defendants of certain children from participating in the Aid to Families With Dependent Children program (hereinafter “AFDC”) provided for in 42 United States Code sectio...
Views: 3
Opinion The People of the State of California have appealed from an order of the superior court which vacated an order of the Adult Authority revoking Leslie Wayne Edge’s parole and ordering the Adult Authority to grant Edge a revocation hearing in conformity with the requirements of Morrissey v. Brewer (1972) 408 U.S. 471 [33 L.Ed.2d 484, 92 S.Ct. 2593]. Morrissey v. Brewer, supra, 4...
Views: 4
Opinion In a divorce action between Ted and Soma Bushman, attorneys practicing in Santa Maria, orders pendente lite were made providing for spousal and child support for three children, the oldest child .being eight, of their marriage, requiring Ted to pay $50 per month for the support of each child and directing him if he elected, to occupy certain community premises which he elected to and di...
Views: 6
Opinion We have consolidated for hearing and decision separate appeals of Reatha Zunino and Jeri Singer. Each of these parties had applied for welfare aid as a needy “permanently and totally disabled” person under California’s “Aid to Needy Disabled” Act (hereafter the “State Act”), found in Welfare and Institutions Code sections 13500 to 13801, inclusive. Abbreviated statutory references...
Views: 0
Opinion Petitioner seeks a writ of mandate to compel the respondent court to dismiss a felony information. On March 26, 1971, petitioner, George Childress, was charged in case A-271195 in count I with assault with a deadly weapon in violation of section 217 of the Penal Code, and in count II with armed robbery in violation of section 211 of the Penal Code, in a complaint filed in Los Angeles Munic...
Views: 0
33 Cal.App.3d 44 (1973) 108 Cal. Rptr. 778 Estate of ALBERT TAYLOR, Deceased. GEORGE ARTHUR TAYLOR, Petitioner and Respondent, v. CRIPPLED CHILDREN'S SOCIETY OF LOS ANGELES COUNTY, Objector and Appellant. Docket No. 41595. Court of Appeals of California, Second District, Division Four. June 21, 1973. *46 COUNSEL Poindexter & Doutre, William M. Poindexter and Bruce S. Ross for Objector and Appella...
Views: 2
Opinion This is an appeal from a decree determining interests in the estate of Albert Taylor. The decree is appealable under section 1240 of the Probate Code of the State of California. On December 11, 1971, Albert Taylor, age 83, executed a holographic will. Under this will he gave his son, George Arthur Taylor, respondent herein, $1.00. To the manager of the Alvarado Town House, he gave $1,000,...
Views: 0
Opinion Action on a promissory note for unpaid principal ($1,040,000), for accrued interest thereon, for attorney’s fees, 1 for foreclosure of the security for the note, for declaratory and equitable relief, for damages for fraud, and for other related relief. Demurrers were sustained to eight of the eleven causes of action. Plaintiff then filed an amended complaint, again sett...
Views: 4
Opinion By information, defendant was charged with possessing marijuana for sale. (Health & Saf. Code, § 11530.5.) Defendant pleaded not guilty and moved to suppress certain evidence pursuant to Penal Code *193 section 1538.5. A 1538.5 hearing was held, and the motion was submitted on the evidence adduced at that hearing and on the transcript of the preliminary hearing. The 1...
Views: 2
*548 Opinion The appeal is from a judgment entered following trial by jury finding the appellant Raymond Joseph Provencher guilty of assault with intent to commit murder and the use of a firearm under Penal Code section 12022.5. In July 1971, Adolfo Paredes and his wife Rosaura lived in an upstairs apartment in a four-unit building. At approximately 11 p.m. Paredes left in his automobile fo...
Views: 8
Opinion The People of the State of California have appealed from an order of the superior court which vacated an order of the Adult Authority denying Edwin Joseph Monzo’s request for a review hearing before the Adult Authority board pursuant to resolution No. 283 of the Adult Authority and ordered that the Adult Authority “grant said Petitioner an immediate hearing at its next calendar for a revie...
Views: 0
Opinion This is an appeal from a judgment of the superior court requiring the municipal court to order the return of some motion picture projectors which had been seized pursuant to search warrants issued by that court. The case is here on a clerk’s transcript only. The material facts are simple. During March and April 1972, Los Angeles police officers sought warrants authorizing search of tw...
Views: 5
Opinion The People were directed in response to petitioner’s application for a writ of habeas corpus to show cause why the following orders should not be set aside: (1) order denying petitioner’s motion to withdraw a plea of guilty to a charge of robbery; and (2) order granting probation. We conclude that the remedy sought by petitioner is unavailable and that, in any event, the trial court did...
Views: 11
Opinion Proceeding to review recommendations of the Disciplinary Board of the State Bar of California and a local administrative committee concerning attorney George L. Vaughn, Jr. *700 Facts Vaughn was counsel for one convicted of impersonating a police officer. A new trial having been granted, retrial was set for a Monday in September 1965. When the case was called in the late afternoon...
Views: 7
Opinion Defendants David Hernandez Martin and M. Nick Prizant appeal from orders granting probation following the convictions of each on two counts of receiving stolen property. (Pen. Code, § 496, subd. I.) 1 The causes were submitted to the court on transcripts of the preliminary hearings for its determination of guilt or innocence in accordance with a negotiated disposition as to sentence. ...
Views: 18
Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar of California that petitioner be disbarred. Petitioner was admitted to practice in this state on September 11, 1962. In 1965, he was convicted in a court trial in the Superior Court of Los Angeles County of six counts of crimes involving moral turpitude—three counts of grand theft (Pen....
Views: 10
*707 Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar of California that petitioner be suspended from the practice of law for a period of one year. Petitioner was admitted to practice in this state on September 11, 1962. He testified that, in addition, he was a real estate broker and a general contractor and had been in the c...
Views: 18
*775 Opinion Petitioners 1 seek writs of certiorari and mandate to compel the Los Angeles Superior Court to grant their motions to quash service of summons and to vacate a default judgment and levy of execution against defendants, a corporation, and a partnership in which the corporation was general partner. Defendant corporation’s applicátion to the Commissioner of Co...
Views: 5
Opinion Defendant appeals from a judgment entered upon his plea of guilty of possession of heroin (Health & Saf. Code, § 11500) after denials of his motions to set aside the information (Pen. Code, § 995) *720 and to suppress evidence (Pen. Code, § 1538.5). 1 One of five charged prior convictions was found to be true, probation was denied, and defendant was sentenc...
Views: 14
Opinion Plaintiffs in a class action appeal from an order of dismissal entered after the court sustained, without leave to amend, defendant’s demurrer on the ground that the complaint failed to state a cause of action. Preliminarily, we observe that we are limited on this appeal to a determination of the sufficiency of the complaint as a matter of law and that for such purpose we tre...
Views: 5
*791Opinion Defendant was charged with possession of marijuana for sale (former Health & Saf. Code, § 11530.5) and possession of cocaine (former Health & Saf. Code, § 11500).1 He moved for suppression of the evidence on the ground of illegal search and seizure. (Pen. Code, § 1538.5.) The trial court ordered the evidence suppressed, and on its own motion dismissed the indictment (Pen. Code, § 1385...
Views: 1
33 Cal.App.3d 429 (1973) 108 Cal. Rptr. 867 THE PEOPLE, Plaintiff and Appellant, v. ARNOLD JAY SOLOMON, Defendant and Respondent. Docket No. 23269. Court of Appeals of California, Second District, Division Two. July 13, 1973. *431 COUNSEL Roger Arnebergh, City Attorney and David Martin Schacter, Deputy City Attorney, for Plaintiff and Appellant. Evelle J. Younger, Attorney General, Edward A. Hinz...
Views: 10
34 Cal.App.3d 370 (1973) 108 Cal. Rptr. 901 THE PEOPLE, Plaintiff and Respondent, v. JESSE LEE STRAWDER, Defendant and Appellant. Docket No. 10999. Court of Appeals of California, First District, Division One. September 28, 1973. *375 COUNSEL Stephen R. Pitcher, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief A...
Views: 10
Opinion On this appeal from a judgment upon conviction and sentence of second degree murder (Pen. Code, § 187), defendant contends that the trial court improperly denied his motion to suppress evidence, erred in refusing to give certain instructions requested by him, and erred in denying his motion for a new trial based on the alleged inadequate representation he received from appointed counsel. N...
Views: 0
Opinion Defendant was charged with (count I) murder, (count II) robbery, and with three counts of grand theft. On motion under section *368 1118.1 of the Penal Code, one of the theft counts (count III) was dismissed; he was found guilty on all other counts. He was sentenced to state prison for life on the murder count, and to state prison for the term prescribed by law on the remaining counts...
Views: 6

Non-Government Works Copyright © 2001-2026 Think Computer Corporation. All Rights Reserved.

About   Apps, Extensions & AI   System Status   Privacy   Security   Contact Us

ⓘ Information Facts

Sign In Sign Up
Issues Laws Cases News Firms Entities Pro
Sign In Sign Up