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All Reporters → cal-rptr → Volume 111

Opinions in cal-rptr Volume 111

Opinion (l)(See fn. l.) in this appeal from a judgment setting aside a sale under a deed of trust for fraud and awarding incidental, compensatory and punitive damages, appellants contend: (1) the award of compensatory damages is not supported by substantial evidence; (2) the award of punitive damages is excessive in view of the amount of compensatory damages allowed by the trial court; (3...
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Opinion Petitioner, Workmen's Compensation Appeals Board, seeks prohibition to prevent respondent, Small Claims Court, San Leandro-Hayward Judicial District, from proceeding to trial on *645 two small claims actions on the ground that the subject matter of the actions is within the exclusive jurisdiction of the board. 1 The board has supplemented the record origi...
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Opinion Petitioners are charged in respondent court with multiple counts of receiving stolen property, in violation of section 496 of the Penal Code; petitioner Reese is also charged in one count with possession of heroin, in violation of section 11351 of the Health and Safety Code. The evidence on which those charges are based was obtained by a search of petitioner Roger’s residence, purported...
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*650 Opinion Appellant, Mary Shayman, filed a complaint for divorce against Milton Shayman, who answered and cross-complained. The cause was tried, and written findings of fact and conclusions of law were filed by the court on May 26, 1971. That document set forth the rights of the parties with regard to items of community property, child custody, support, attorneys’ fees and cos...
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*712 Opinion The People seek a writ of mandate to compel the superior court to vacate its order denying a motion to compel real party in interest, Michael Kardon, to answer interrogatories concerning his financial worth. Kardon is a defendant in an action brought by the Attorney General in which injunction, restitution and damages are sought because of alleged false and misleadin...
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Opinion Following denial of a pretrial motion to suppress (§ 1538.5, Pen. Code), a jury found defendant guilty of a violation of the Dangerous Weapons Control Law (§ 12021, Pen. Code), and to be true allegations of two prior felony convictions—escape from prison (§ 4530, Pen. Code) and possession of heroin (§ 11500, Health & Saf. Code). He appeals from the judgment (order granting probation). The...
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Opinion Defendants were charged by information with conspiracy to sell marijuana (Pen. Code, § 182) in count I, sale of marijuana (Health & Saf. Code, §11531) in count II, possession of marijuana for sale (Health & Saf. Code, § 11530.5) in count HI, and possession of marijuana (Health & Saf. Code, § 11530) in count IV. Motions pursuant to Penal Code sections 995 and 1538.5 to set aside th...
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Opinion Rosie L. Herman, the sister and only heir of the deceased, Oscar McGowan, who was shot and killed by his wife, respondent, Jean Pearl McGowan, appeals from a judgment in consolidated heirship and preliminary distribution proceedings decreeing that pursuant to the conclusive presumption of Probate Code section 258, 1 respondent was entitled to succeed to one-half the pro...
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*724 Opinion This appeal arises out of an action relating to the establishment of easements across real property located at or near the northeast comer of East Kings Canyon Road and Temperance Avenue, Fresno, California. An illustrative schematic drawing is attached as Appendix 1 as an aid to understanding the location and relationships of the various parcels of property and clai...
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*697 Opinion After a 13-day trial a jury found the appellant guilty of murder in the first degree (Pen. Code, § 187), found him sane in a subsequent sanity trial lasting 2 days, and in a 5-day penalty trial fixed the penalty at death. Under the mandate of People v. Anderson (1972) 6 Cal.3d 628 [100 Cal.Rptr. 152, 493 P.2d 880], we are required to modify the judgment to provide for a pun...
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Opinion Petitioner Lloyd Clifton seeks a writ of mandate which would compel respondent court to dismiss an indictment charging him with criminal homicide. The principal question presented pertains to whether, when, and where petitioner should challenge respondent court’s jurisdiction upon the ground that he is constitutionally immune from criminal prosecution, under state law, for an act which he ...
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*576 Opinion Appellant (LeMoyne S. Badger) was appointed as receiver in an action brought by the People against Riverside University and certain of its officers to enjoin them from engaging in unlawful and fraudulent business practices and to secure compliance with terms of the charitable trust with which its assets were impressed. The receiver appeals from an order fixing his fe...
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Opinion — Declaratory relief. Two corporations, Chicken Delight of California, Inc., and Chicken Delight, Inc., an Illinois Corporation (“Chicken Delight”) 1 appeal from an unsuccessful attempt to obtain a declaration that State Farm Mutual Automobile Insurance Company (“State Farm”) and Allstate Insurance Company (“Allstate”) should have defended them in an action for personal...
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Opinion Petitioner in fact, Maurice S. Marcus, an attorney, seeks review and annulment of an en banc order of the Workmen’s Compensation Appeals Board adjudging him in contempt of the board and ordering him to pay a fine of $100 within 30 days or be committed to the county jail to be imprisoned for a period of 5 days. The alleged contempt occurred during the course of a hearing before a refer...
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*779 Opinion On March 27, 1972, a misdemeanor complaint was filed against Lockheed Shipbuilding and Construction Company, a corporation, and Loren G. Savage and Otha G. Ree, Jr. (among other individuals). This included charges of violations of five separate safety orders and recommendations issued by the Division of Industrial Safety. Each “order and recommendation” was allegedly...
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Opinion Plaintiffs appeal from a superior court order a temporary restraining order issued on April 10, 1972, and after hearing, an order denying a preliminary injunction to prevent a foreclosure sale of real property. Two contentions are urged on appeal. 1. Defendants’ fraud or mistake denied plaintiffs their right to notice of default. 2. Defendants are estopped to assert...
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*873 Opinion This appeal is from a judgment of dismissal following the sustaining of a general demurrer to appellant’s complaint on the ground that it did not allege that a claim had been filed against respondents’ employer, a public entity, as required by Government Code section 950.2. 1 The pivotal issue is whether the alleged activities of respondents are within the scope of their empl...
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*798 Opinion This is an action to recover damages for personal injuries sustained by a tenant who fell off the back stairs of a house he rented from the owner when the handrail broke. The tenant appeals from a judgment entered on a jury verdict in the landlord’s favor. Plaintiff appeals on the ground that the court erred in refusing to give BAJI No. 8.00 (Duty of Owner or Oc...
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Opinion Appellant was charged with misdemeanor drunk driving in violation of section 23102 of the Vehicle Code in a complaint which also charged a prior conviction of a violation of section 23102. Appellant moved to strike the prior conviction on constitutional grounds. The municipal court denied his motion. Appellant’s petition for writ of mandate in the superior court was denied. He appeals. ...
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Opinion An information was filed charging John Schueren in a single count with “assault with a deadly weapon with intent to commit murder, a violation of Section 217, Penal Code, a felony, committed as follows; . . . Schueren . . . did . . . commit an assault with a deadly weapon upon Thomas Rutkowski . . . with the intent . . . to . . . murder . . . *556Rutkowski.” A jury found defendant guilty ...
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Opinion We are again called upon to determine whether an adult child of a recipient of aid to the aged under the Old Age Security Law (Welf. & Inst. Code, div. 9, pt, 3, ch. 3, § 12000 et seq.)1 may constitutionally be required to reimburse the state. We addressed ourselves to this question in County of San Mateo v. Boss (1971) 3 Cal.3d 962 [92 Cal.Rptr. 294, 479 P.2d 654]. We there held that und...
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Opinion — Alexander H. Schullman petitions for review after the State Bar Disciplinary Board found him guilty of professional misconduct 1 and recommended that he be suspended from the practice of law for two years. This proceeding concerns three separate instances of misconduct. Petitioner is charged with failing to perform legal services after accepting a *529 ...
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10 Cal.3d 565 (1973) 516 P.2d 875 111 Cal. Rptr. 171 THE PEOPLE, Plaintiff and Respondent, v. VALERIE DAWN KELLY, Defendant and Appellant. Docket No. Crim. 16877. Supreme Court of California. In Bank. December 26, 1973. *567 COUNSEL James A. Hutchens, under appointment by the Supreme Court, for Defendant and Appellant. Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Atto...
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Opinion In 1963 defendant, Frank Culver, was convicted of attempted murder.1 Defendant filed a timely notice of appeal, but thereafter failed to file an opening brief and the appeal was subsequently dismissed. On February 26, 1971, the dismissal was set aside,2 the remittitur recalled and the appeal reinstated. This case is thus before us on direct appeal from defendant’s 1963 conviction. The defe...
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35 Cal. App. 3d 936 (1973) 111 Cal. Rptr. 191 THE PEOPLE, Plaintiff and Respondent, v. CAROLYN LORRAINE PATEJDL, Defendant and Appellant. Docket No. 1497. Court of Appeals of California, Fifth District. December 11, 1973. *939 COUNSEL Lawrence D. Sassone, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistan...
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Opinion From a judgment rendered by the superior court after trial to the court with an advisory jury, plaintiff and cross-defendant State of California by and through the Department of Parks and Recreation (hereinafter “State”) appeals. Defendant and cross-complainant West-A-Rama, Inc. (hereinafter “West-A-Rama”) cross-appeals from the judgment insofar as the court sustained without leav...
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Opinion Plaintiffs appeal from a judgment on the pleadings in favor of the defendants rendered on the ground their complaint does not state facts sufficient to constitute a cause of action. A motion for judgment on the pleadings is treated identically to a demurrer. (Welshans v. City of Santa Barbara (1962) 205 Cal.App.2d 304, 305 [23 Cal.Rptr. 108].) Consequent...
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Opinion In these consolidated appeals, 1 the major questions are the propriety of the order granting a new trial on the sole ground that the verdict was “against the law” and the sufficiency of the evidence to support the verdict in favor of Kaiser on the bifurcated issue of liability on Kaiser’s causes of action for breach of warranty against Allis-Chalmers. We have concluded ...
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Opinion This is a petition, pursuant to section 418.10 of the Code of Civil Procedure, to review an order of the trial court denying a motion by a foreign corporation to quash service of summons on it. We issued an alternative writ of mandate, the matter has been briefed and argued. We grant the peremptory writ. In 1958 the real party in interest (hereinafter “plaintiff”), a resident of Calif...
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Opinion The condemnee in the underlying eminent domain proceeding appeals from an order determining that he is responsible for ad valorem taxes accruing on the subject property to the date of recordation of the final order of condemnation. The pertinent facts are not in dispute. The City of Ontario (city) commenced eminent domain proceedings to acquire Kelber’s property for.airport purposes. The ...
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35 Cal. App. 3d 866 (1973) 111 Cal. Rptr. 226 In re DONALD GENE BOAG on Habeas Corpus. Docket No. 6924. Court of Appeals of California, Third District. December 7, 1973. *867 COUNSEL James F. Smith and Fred Hiestand for Petitioner. Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, Doris H. Maier, Assistant Attorney General, Arnold O. Overoye and Robert D....
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Opinion Plaintiffs and “plaintiffs”) appeal from a judgment dismissing their cause of action against defendants and respondents (hereinafter referred to as “defendants”) after general demurrers filed by two separate sets of defendants were sustained *980 without leave to amend. Motions to strike certain paragraphs of the complaint were also granted. Plaintiffs’ second am...
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35 Cal. App. 3d 900 (1973) 111 Cal. Rptr. 238 THE PEOPLE, Plaintiff and Respondent, v. JACOBO HERNANDEZ RODRIGUEZ, Defendant and Appellant. Docket No. 23069. Court of Appeals of California, Second District, Division Five. December 11, 1973. *901 COUNSEL Michael Hannon and Antonia H. Rodriguez for Defendant and Appellant. Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant At...
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Opinion In Zeeb v. Workmen’s Comp. App. Bd. (1967) 67 Cal.2d 496, 502 [62 Cal.Rptr. 753, 432 P.2d 361], we held that once an employee has properly procured his own medical treatment and established a doctor-patient relationship with a doctor of his own choice “treatment should continue with the same doctor in the absence of a change of condition or evidence that the treatment is defective or addi...
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Opinion The applicant, Frank Taylor, was employed by Albert Van Luit Wallpaper Company, as a stock clerk. He claims industrial injuries, consisting in part of aggravation of a preexisting hernia and a preexisting cardiac problem. 1 After a hearing, and on the basis of medical reports before him, the referee found that Taylor’s problems were not work connected and denied an award except for ce...
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Opinion Rudman is presently confined in the California State Prison at Soledad under a sentence imposed by the Los Angeles Superior Court following a conviction for violating Health and Safety Code section 11911 and is subject to a detainer based upon a violation of a probation order of respondent Superior Court of Orange County. In July 1973, Rud *24 man petitioned the California Supreme Cou...
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Opinion Plaintiff David Mitchel Hyman, a minor, by his mother Rosalea Hyman as guardian ad litem, brought this action for personal injuries against defendants Ernest Mahan, Stanley Gordon and Arthur Peterson. Since this appeal involves the correctness of an order granting a non-suit on certain causes of action, the evidence most favorable to plaintiff will be stated. On April 2, 1969...
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Opinion The single issue in this case is whether the right to a speedy trial was violated by allowing the defendants to remain in custody in Maryland until they made a request for disposition of California charges pursuant to Penal Code section 1389. The procedural setting in which the issue arises will be stated first. On May 22, 1970, the grand jury presented an indictment charging the defe...
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*82 Opinion In this case we are confronted with strongly competing considerations—one springing from basic equitable principles, the other from pragmatic, legal policies which are essential to the efficient procedural administration of justice. For reasons which follow, we are persuaded that the latter must prevail, necessitating a reversal of the judgment correcting and con...
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36 Cal. App. 3d 140 (1973) 111 Cal. Rptr. 280 THE PEOPLE, Plaintiff and Respondent, v. ROBERT W. AMICK, Defendant and Appellant. Docket No. 22988. Court of Appeals of California, Second District, Division One. December 20, 1973. *142 COUNSEL Robert W. Amick, in pro. per., and Walter Krauss, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney General,...
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Opinion Background The petitioner-appellant John M. Alex is a judge of the Municipal Court for the Citrus Judicial District of Los Angeles County. His salary is paid by respondent County of Los Angeles. On or about March 20, 1970, appellant declared his intention and filed his candidacy for the office of United States Congressman, 24th Congressional District of California. The j...
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Opinion Murphy, an attorney, and Benware, an (“Appellants”) were each convicted by a jury 1 of five counts of illegally offering and selling security shares in violation of a stock permit issued by the Commissioner of Corporations, a felony. (Corp. Code, § 25540.) Appellants applied for probation. Their applications were granted. Murphy was sentenced to nine months in the Orange County jail...
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*820 Opinion Defendants appeal" from a judgment upon a jury verdict finding them guilty of involuntary manslaughter (Pen. Code, § 192, subd. 2) and contributing to the delinquency of a minor (Pen. Code, § 272). 1 The Facts The facts most favorable to the prosecution are as follows: Alton Wong testified that on June 5, 1970, he worked as a private investigato...
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Opinion This is an appeal by the executor of the estate of Clara Ford 1 from an adverse judgment entered on a jury verdict 2 in her action *175 for fraud and misrepresentation against defendants, Clyde Cournale, a real estate broker, and his salesman, Michael R. Webb. We have concluded that the judgment must be reversed as the trial court erred in failing to properly instruct the jury on ...
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Opinion Plaintiff, the State of California, acting on behalf of the State Board of Equalization, appeals from a judgment entered in an action to enforce respondent’s liability pursuant to a written contract of surety guaranteeing the payment of sales and use taxes and incidental liabilities incurred by Hadley Alhambra, Inc. We reverse the judgment with directions to enter a new judgment for app...
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35 Cal.App.3d 1010 (1973) 111 Cal. Rptr. 353 HENRY M. McLAUGHLIN, Plaintiff and Appellant, v. BOARD OF MEDICAL EXAMINERS, Defendant and Respondent. Docket No. 40939. Court of Appeals of California, Second District, Division Five. December 13, 1973. *1011 COUNSEL Richard K. Quan for Plaintiff and Appellant. Evelle J. Younger, Attorney General, and Henry Lewin, Deputy Attorney General, for Defendan...
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36 Cal.App.3d 286 (1973) 111 Cal. Rptr. 361 BORG-WARNER ACCEPTANCE CORPORATION, Plaintiff and Appellant, v. BANK OF MARIN, Defendant and Respondent. Docket No. 32684. Court of Appeals of California, First District, Division Four. December 26, 1973. *287 COUNSEL J. Warren Manuel for Plaintiff and Appellant. Arthur M. Lebow for Defendant and Respondent. OPINION DEVINE, P.J. The lawsuit which produc...
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Opinion Plaintiffs, cochairmen of the Oakland Lawyers’ Committee Project and residents of the City of Oakland, brought this action to obtain *75 declaratory and injunctive relief against the Oakland Museum Advisory Commission and the individual members of said body. The facts disclosed by the record show that on February 17, 1970, an open, noticed special meeting of the Oakland Museum Advis...
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*188 Opinion Wife appeals from an interlocutory judgment of dissolution of marriage, contending that the trial court abused its discretion in limiting spousal support to one year and failing to retain jurisdiction to extend it. At trial it was established that Husband, who was to retain custody of the three minor children pursuant to stipulation, netted an average of approximately $1,060 mo...
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*595 Opinion James E. Fithian, Jr., appeals from an interlocutory judgment ordering the dissolution of his marriage to Camille J. Fithian and establishing the community property rights of the respective parties:, Husband specifically challenges the trial court’s characterization of a portion of his federal military retirement pay as community property, contending such a determin...
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Opinion Defendant appeals from a judgment (order granting probation) following his conviction by jury trial of embezzlement in violation of Penal Code section 508. 1 Appellant was on duty as a truck driver for Union Oil Company from midnight to 10 a.m. on Sunday, November 14, 1971. He was instructed to take 6,100 gallons of super gasoline and 2,400 gallons of regular gasoline from the Union O...
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Opinion In this proceeding we issued a writ of review to inquire into and determine the lawfulness of respondent-board’s order denying petitioner’s petition for reconsideration. The issues are whether the board may lawfully award burial expenses directly to a third party who has paid burial expenses for a deceased employee whose death was industrially incurred and whether petitioner is entitled t...
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Opinion Ronald L. Reeves, a permanent teacher in the San Mateo Union High School District, seeks a writ of mandate or prohibition to command the superior court to sustain a demurrer or otherwise to pre *293 vent further prosecution of a lawsuit. The board of trustees of the district commenced the suit on October 16, 1970, seeking the court’s decision that there were sufficient grounds for dis...
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Opinion On April 9, 1970, Alfred James Zito, while driving a large rented truck in the operation of his own business, was involved in a serious multi-vehicle accident. The truck left the highway and struck and knocked over some gas pumps, causing an explosion and fire. Zito died from injuries received in the accident, several other people were seriously *280 injured and subst...
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36 Cal. App. 3d 222 (1973) 111 Cal. Rptr. 398 FRANCIS M. VAN NUIS, Plaintiff, v. LOS ANGELES SOAP COMPANY et al., Defendants and Respondents; STATE COMPENSATION INSURANCE FUND, Intervener and Appellant. Docket No. 41628. Court of Appeals of California, Second District, Division Four. December 21, 1973. *225 COUNSEL T. Groezinger, James Vonk and Herbert Lasky for Intervener and Appellant. Evelle J...
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Opinion This is an appeal by Mitchum, Jones & Templeton, Inc., (Mitchum) and Jay Mintz (Mintz), a vice president of Mitchum, from an order denying their petition to compel Charles Lewsadder (Lewsadder) *257 to submit to arbitration the controversies set forth in his complaint in the Los Angeles Superior Court and to stay the superior court action pending such arbitration. ...
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Opinion Convicted by a jury of receiving stolen property (Pen. Code, § 496), defendant moved for a new trial on the ground he had been *382 denied due" process because the court had proceeded with the trial in his absence. His motion was denied and he was sentenced to state prison for the term prescribed by law. Facts On April 12, 1972, a 1965 Chevrolet Corvair automobile (license No. NRW...
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Opinion This case involves consolidated appeals by plaintiff Lakeview Meadows Ranch, a limited partnership, from that portion of an order (denying plaintiff a preliminary injunction) which determined that a particular transaction was not usurious, and from a judgment determining that plaintiff was not entitled to recover allegedly usurious interest payments made by it. The material f...
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36 Cal.App.3d 213 (1973) 111 Cal. Rptr. 419 ALEX MIRANDA, Plaintiff and Respondent, v. UNEMPLOYMENT INSURANCE APPEALS BOARD Defendant and Appellant; NORRIS INDUSTRIES, Real Party in Interest and Respondent. Docket No. 41488. Court of Appeals of California, Second District, Division Two. December 21, 1973. *214 COUNSEL Evelle J. Younger, Attorney General, Elizabeth Palmer, Assistant Attorney Gener...
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There is no suggestion in this case that the workmen’s compensation carrier did not have legitimate litigable defenses to petitioner’s claim for compensation based on a lack of connection between the industrial injury to petitioner’s left knee and a subsequently claimed bilateral inguinal hernia, as well as other matters. The compensation carrier asserted these defenses in good faith. The conflict...
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Opinion This is an appeal from a judgment upholding the validity of an agreement, designated the “SCORE” Agreement, 1 between respondent School Research and Service Corporation (SRS) and respondent Sunnyvale Elementary School District and other school districts, providing for the performance by SRS of research and development work and services for the school districts. Appellant California ...
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36 Cal.App.3d 489 (1973) 111 Cal. Rptr. 449 JONATHON LAWRENCE JACOBS, Petitioner, v. THE SUPERIOR COURT OF STANISLAUS COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. 2100. Court of Appeals of California, Fifth District. December 31, 1973. *491 COUNSEL Badger, Mower & Watson and James P. Mower for Petitioner. No appearance for Respondent. Evelle J. Younger, Attorney General,...
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36 Cal. App. 3d 134 (1973) 111 Cal. Rptr. 456 BRYAN HUNT et al., Plaintiffs and Respondents, v. WILLIAM B. HACKETT III et al., Defendants and Appellants. Docket No. 40991. Court of Appeals of California, Second District, Division Four. December 19, 1973. *135 COUNSEL Earl Johnson, Jr., for Defendants and Appellants. Terry J. Hatter, Jr., Ronald Bauer and Philip L. Goar as Amici Curiae on behalf o...
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Opinion Defendants appeal from judgment of the San Francisco Superior Court in favor of plaintiff in the sum of $32,500. *31 Question Presented: In an action for the wrongful death of a son, evidence of the subsequent marriage of the mother, a widow, is not admissible. Record: Plaintiff filed a complaint against defendants for damages for the wrongful death of...
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Opinion Respondent was found guilty by a jury of second degree murder. He moved for a new trial on the ground of jury misconduct based on the fact that the alternate juror was present in the jury room for approximately one hour and forty minutes during the four and one-half hours of deliberation by the twelve regular jurors. The trial court concluded that under existing law such irregularity const...
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Opinion This is an appeal from a judgment in a declaratory relief action brought by The Bank of California (Bank) as successor administrator with will annexed of the estate of Charles R. Latimer (deceased), against Joseph L. Connolly, Forde C. Seward, Mildred Louise Latimer (decedent’s wife), Mike Kelber and Judith Ann Schloessmann (decedent’s daughter), to determine the rights and obliga...
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Opinion Plaintiffs appeal from a judgment which denied them a writ of mandate and injunctive relief in their class action challenging the constitutionality of Welfare and Institutions Code section 11351.5, as implemented and enforced by defendants. The judgment declared the statute, and certain administrative regulations adopted under it, to be constitutional. The cause was submitted...
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Opinion This action involves a group disability insurance policy issued by appellant Insurance Company of North America at the request of respondent California Time Petroleum, Inc., insuring certain of its key employees. Appellants seek review of a judgment of the trial court which: (1) upholds portions of the policy which provide on their face that the entire death benefit is payable to ...
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36 Cal.App.3d 196 (1973) 111 Cal. Rptr. 514 MICHIGAN NATIONAL BANK, Plaintiff and Respondent, v. HARDMAN AEROSPACE, Defendant and Appellant. Docket No. 41472. Court of Appeals of California, Second District, Division Two. December 21, 1973. *198 COUNSEL Gibson, Dunn & Crutcher, John L. Endicott, Breed, Abbott & Morgan, Edward J. Ross and James D. Zirin for Defendant and Appellant. Irsfeld...
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Opinion This is an appeal by three defendants, Webb and two Schlemmes, who had pleaded guilty to certain counts of an indictment, but who nevertheless are entitled to appeal on the ground of illegal search under the provisions of Penal Code section 1538.5. All three appellants pleaded guilty to count one of the indictment, which charged possession of cocaine and methadone. (Health & Saf. ...
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*304 Opinion Petitioner-applicant, by his guardian ad litem, seeks review and annulment of an opinion and decision after reconsideration issued by the board on July 19, 1973. The principal question is whether the board’s decision after reconsideration, which reduced the referee’s award of 100 percent permanent disability to 20 percent permanent disability, is supported by the evidence. Appl...
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36 Cal. App. 3d 240 (1973) 111 Cal. Rptr. 535 JANETTA M. YOUNG, Individually and as Administratrix, etc., Plaintiff and Appellant, v. ARO CORPORATION et al., Defendants and Respondents. Docket No. 38571. Court of Appeals of California, Second District, Division Five. December 21, 1973. *242 COUNSEL Hirson & Horn, William P. Camusi and Theodore A. Horn for Plaintiff and Appellant. Cummins, Whi...
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36 Cal. App. 3d 233 (1973) 111 Cal. Rptr. 539 MAX E. BURRUS, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE PASADENA JUDICIAL DISTRICT OF LOS ANGELES COUNTY, Defendant and Respondent; G. SIGLER, Real Party in Interest and Respondent. Docket No. 41706. Court of Appeals of California, Second District, Division Four. December 21, 1973. *235 COUNSEL Robert J. Johnston for Plaintiff and Appel...
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*454 Opinion The People appeal from the decision granting defendant’s motion pursuant to Penal Code section 995 as to count two. of the indictment charging defendant with attempted murder (Pen. Code, §§ 187, 664). 1 In count one of the indictment defendant was charged with soliciting the crime of murder in violation of Penal Code section 653f. Each of the ...
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Opinion Appellant was convicted by a jury of robbery in the first degree (Pen. Code, § 211). The jury also found that he used a firearm during the commission of the offense within the meaning of Penal Code section 12022.5. 1 The court sentenced appellant to prison for the term prescribed by law. 2 *447 This case arises out of the armed robbery of a liquo...
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Opinion Petitioner seeks review of a decision of the Alcoholic Beverage Control Appeals Board (“board”), which affirmed a decision of the Department of Alcoholic Beverage Control (“department”) revoking liquor licenses which petitioner claimed the right to use and denying petitioner’s applications for transfer of the licenses to it and for issuance to it of a license previously approved for issuan...
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Opinion Defendant, Fred James Stephenson, was charged by information in counts I and III with robbery in violation of Penal Code section 211 (victims Virgil del Bucchia and Walter E. Anderson); in counts II, IV, and VI with kidnaping for the purpose of robbery, in violation of Penal Code section 209 (victims del Bucchia, Walter E. Anderson and Evelyn Anderson); and in count V with rape in viola...
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10 Cal.3d 611 (1974) 517 P.2d 826 111 Cal. Rptr. 562 THE PEOPLE, Plaintiff and Respondent, v. DARRYL THOMAS KEMP, Defendant and Appellant. Docket No. Crim. 15044. Supreme Court of California. In Bank. January 14, 1974. *612 COUNSEL Daniel N. Busby and Dwain Clark, under appointments by the Supreme Court, for Defendant and Appellant. Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief ...
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Opinion —The People seek review by writ of mandate (Pen. Code, § 1538.5, subd. (o)) of the superior court’s order suppressing evidence in a prosecution for possession of marijuana (former Health & Saf. Code, § 11530). Because the trial court’s order is supported by substantial evidence, the writ plainly must be denied. *648 During the evening a tenant noticed three men stand...
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Opinion In this mandate proceeding it appears that respondent Nevada County Superior Court refused to exercise its jurisdiction in the case of County of Nevada et al. v. MacMillen, No. 18893, challenging the validity of the Governmental Conflict of Interest Act (Stats. 1973, ch. 1166; Gov. Code, §§ 3600-3760) on the ground that “at least all nonretired Superior Court Judges are disqualified fro...
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*645 Opinion On August 6, 1973, petitioner Herbert Bell, Jr., filed a petition for a writ of habeas corpus alleging that the rescission of his parole date did not conform to the requirements set forth in Morrissey v. Brewer (1972) 408 U.S. 471 [33 L.Ed.2d 484, 92 S.Ct. 2593], We issued an order to show cause. Petitioner is currently serving sentence at Folsom Prison after conviction of ...
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Opinion On October 7, 1966, plaintiffs filed a complaint for damages to real and personal property caused by flooding by reason of inadequate drainage, against numerous named defendants including certain development companies, and the County of Ventura, Ventura County Flood Control District and the City of Thousand Oaks. Defendant city was served on February 21, 1967; no answer was filed ...
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Opinion This appeal was heard and decided in the Appellate of the Superior Court of Los Angeles County and was thereafter transferred here on certification, pursuant to rules 61-69, California Rules of Court, to settle an important question of law. Since we believe the opinion of the appellate department correctly decides the issue, we adopt it. That opinion follows verbatim. This is an appea...
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Opinion This is an appeal by United Services Automobile Association (hereinafter the “Association”) from a judgment in a declaratory relief action brought by it against United States Fire Insurance Cbmpany (hereinafter the “Cbmpany”), John Chandler, Stephen Boyle and Henry M. Boyle. The Association sought to have determined the respective rights and duties of the parties as to certain ins...
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Opinion By an unpublished opinion filed June 14, 1971, this court affirmed defendant’s conviction for the offenses of kidnaping for the purpose of ransom (Pen. Code, § 209) and false imprisonment (Pen. Code, § 236). On November 20, 1973, through new counsel, defendant filed a motion to recall the remittitur and rehear the appeal. In support of the motion, defendant contends that he failed t...
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*521 Opinion Appellants Josephine Belmont and Glenda Pawsey were civil service “psychiatric social workers” employed by the state’s Department of Social Welfare (hereafter the “Department”). They worked with mentally and emotionally disturbed persons who in one form or another were receiving aid or assistance under division 9 (§§ 10000-18909, inclusive, entitled “Public Social Se...
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Opinion Geneva Henderling sought from the superior court a writ of mandate to compel Robert B. Carleson, Director of the State Department of Social Welfare, to set aside his order denying welfare assistance to appellant. The writ was denied, and the present appeal followed. We hold that the writ should have been granted. On November 21, 1969, appellant applied for assistance under on...
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Opinion We hold in this proceeding that certain evidence must be suppressed because a so-called “telephonic search warrant,” pursuant to which the evidence was seized, was wholly invalid in the absence of a writing as prescribed by statute. A three-count information filed in respondent court jointly charged petitioners Chester and Mary Bowyer, Keith Robinson and James Thomason with p...
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Opinion Two individuals sue on behalf of themselves and other users of bus service supplied by the Stockton Metropolitan *438 Transit District. The trial court rejected their petition for a writ of mandate to compel the transit district to install 20 bus stop shelters as projected by a federally financed program. In addition to the parties’ appeal briefs, the court has r...
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Opinion Appellant Roy P. Longfellow brought this action to recover damages for injuries allegedly sustained while working aboard a ship of Mexican registry, the Presidente Miguel Aleman. The complaint set out two causes of action: a negligence claim, and a claim under the admiralty doctrine of unseaworthiness. Named as defendants were the vessel, her owner Petróleos Mexicanos, ...
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Opinion In this petition for habeas corpus, petitioner William T. Farr seeks further review of an adjudication of contempt ordered by the *580 Los Angeles Superior Court. The matter has previously been before us on writ of review from the contempt adjudication. In that proceeding, we affirmed the trial court’s order. (Farr v. Superior Court, 22 Cal.App.3d 60 [99 Cal.Rptr. 342].) A petitio...
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Opinion In this appeal from a judgment pursuant to Code of Civil Procedure section 535 on an undertaking on a temporary restraining order given by appellant Surety, appellant contends: (1) the amount of damages awarded by the trial court is not supported by substantial evidence and an award of prejudgment interest is erroneous; (2) respondents who recovered the judgment are not beneficiar...
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Opinion Defendant Alcee Foster was charged with selling restricted dangerous drugs in violation of Health and Safety Code section *596 11912 (now § 11379). A jury thereafter found him guilty of that offense. He appeals from the judgment which was entered on the verdict. About one and one-half years before the charged offense Foster had possessed restricted dangerous drugs for sale in viol...
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Opinion In 1971, plaintiff, who was a superior court judge in Imperial County since 1963, sought to retire at the age of 70 with optimum retirement benefits under Government Code section 75076. He claimed 20 years of service credit: eight on the bench, seven (plus) as City Attorney of Calexico, and the balance from over five years as assistant legal counsel for the Imperial Irrigation District. On...
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Opinion Petitioner was duly charged in two cases with various narcotic offenses. The cases were consolidated and, after various court appearances, he agreed to submit the consolidated cases on the transcripts of the preliminary hearings in those cases. He was found guilty on count I of the consolidated information (a violation of Health & Saf. Code, § 11500.5), and guilty of a violation of sectio...
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10 Cal.3d 676 (1974) 517 P.2d 1145 111 Cal. Rptr. 681 In re MICHAEL V., a Person Coming Under the Juvenile Court Law. JAMES D. CALLAHAN, as Chief Probation Officer, etc., Plaintiff and Respondent, v. MICHAEL V., Defendant and Appellant. Docket No. S.F. 22978. Supreme Court of California. In Bank. January 21, 1974. *679 COUNSEL John D. Spyromilios, under appointment by the Supreme Court, for Defen...
Views: 6
Opinion Michael V., a 17-year-old minor, appeals from an order of the juvenile court finding that he is a person described in section 602 of the Welfare and Institutions Code1 and adjudging him a ward of the court (Welf. & Inst. Code, § 725, subd. (b)) by reason of his having violated section 11910 (now § 11377) of the Health and Safety Code (unlawful possession of restricted dangerous drugs). He...
Views: 0
Opinion Plaintiffs John and Alicia Raedeke appeal from a judgment of the Los Angeles Superior Court awarding them $14,000 against defendant Gibraltar Savings and Loan Association in an action based upon an alleged wrongful foreclosure of property owned by plaintiffs. Although the jury awarded plaintiffs $475,000 compensatory damages by reason of Gibraltar’s conduct, the trial court treate...
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Opinion Defendant was convicted of manufacturing, and possessing for sale, a restricted dangerous drug, in violation of former sections 11911 and 11912 (now §§ 11378-11379) of the Health and Safety Code. His principal contention on appeal is that the trial court erred in ruling at a pretrial suppression hearing (Pen. Code, § 1538.5) that the entry of police officers into his apartment did not v...
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Opinion Under traditional common law doctrine, long followed in California, a landlord was under no duty to maintain leased dwellings in habitable condition during the. term of the lease. In the past several years, however, the highest courts of a rapidly growing number of states and the District of Columbia have reexamined the bases of the old common law rule and have uniformly determine...
Views: 31
Opinion In this proceeding, petitioner Eveline Hall seeks a writ of mandate and/or prohibition to compel the San Francisco Municipal Court to vacate a judgment rendered against her in an unlawful detainer action, on the ground that the municipal court failed to give appropriate consideration to her claim that the landlord had breached an implied warranty of habitability. Although we have held t...
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*548 Opinion Defendant, Frank Hamilton Metcalf, appeals from a judgment declaring that the Governing Board of the Mountain View School District had sufficient cause to place him on compulsory leave of absence and thereafter to dismiss him on the grounds of immoral conduct and evident unfitness for service. Metcalfy a sixth gradé* probationary teacher, was convicted of engagi...
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Opinion Appellants (four in number) filed this tort action against respondents, the City and County of Imperial, and others to recover damages for injury to their property and loss of business profits resulting from a fire which occurred at the Imperial County Airport on June 24, 1971. Appellants alleged they leased and occupied premises and conducted business on the airport, which was ow...
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*730 Opinion By petition for writ of certiorari or prohibition or mandate the People of the State of California, acting by and through the State Lands Commission, seek review of an order of the trial court which, in response to a motion for summary judgment interposed by real party in interest Albany Land Fill Corporation, as an intervening plaintiff in a action for declaratory r...
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Opinion Appellant was convicted by a jury of possession of heroin for purposes of sale in violation of Health and Safety Code section 11500.5 (count I), and possession of marijuana in violation of Health and Safety Code section 11530 (count H). As grounds for reversal he urges failure to comply with Penal Code sections 844 and 1531 (knock and notice) prior to entry into his home to search pur...
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36 Cal.App.3d 688 (1974) 111 Cal. Rptr. 750 VETERANS OF FOREIGN WARS OF THE UNITED STATES et al., Plaintiffs and Appellants, v. THE STATE OF CALIFORNIA et al., Defendants and Respondents. Docket No. 13851. Court of Appeals of California, Third District. January 11, 1974. *690 COUNSEL Floyd V. Gibbert for Plaintiffs and Appellants. Evelle J. Younger, Attorney General, Iver E. Skjeie, Assistant Att...
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Opinion North Beach Bonding Company has appealed from orders of the trial court which refused to set aside a forfeiture of bail. 1 The record fails to contain a copy of the bail bond or of any judgment entered against the bail bond agent or a surety insurer, 2 so the interest of appellant is ob *666 scure. Nor does the record contain any written motion i...
Views: 7
Opinion A writ was granted in this proceeding to review an opinion and decision after reconsideration of the respondent Workmen’s Compensation Appeals Board, which set aside, on the ground petitioner’s application was barred by the statute of limitations, so much of a referee’s award in his favor as awarded him further medical treatment, temporary disability indemnity at the maximum rate ...
Views: 3
Opinion Defendants were jointly charged with murder. After a trial by jury they were found guilty of murder in the first degree and sentenced to state prison for the term prescribed by law. They have appealed; we affirm the judgments. It is not denied that the victim was shot and killed, in aid of a robbery, while he was driving into his garage between 12:45 and 12:50 a.m., the night of Septe...
Views: 7
Opinion Appellant Jennings was a licensed real estate salesman. His license, and all right to renew or reinstate it, were ordered revoked by the state’s Real Estate Commissioner under the authority of Business and Professions Code section 10177, subdivison (b). Section 10177, subdivision (b), authorizes such a revocation when a licensee has entered a plea of guilty to “a felony or a ...
Views: 10
Opinion For 24 years Juan Vargas lived a double life as husband and father to two separate families, neither of which knew of the other’s existence. This terrestial paradise came to an end in 1969 when Juan died intestate in an automobile accident. In subsequent. heirship proceedings the probate court divided his estate equally between the two wives, Juan’s first wife Mildred appeals, co...
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Opinion We issued an order to show cause in response to an application by petitioner Terry Lee Spence for a writ of habeas corpus wherein he contends the rescission of his parole date by the Adult Authority on October 10, 1972, did not conform to the due process requirements set forth in Morrissey v. Brewer (1972) 408 U.S. 471 [33 L.Ed.2d 484, 92 S.Ct. 2593] and In re Prewitt (1972) 8 Cal...
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Opinion The real party in interest proposes to construct a multilane freeway across the Lompoc Valley, by-passing the City of Lompoc. Petitioners brought suit in respondent court, seeking, on environmental and ecological - grounds, to prevent the proposed construction. 1 After a trial, the respondent court issued and filed its memorandum of intended decision, which indicated an intention to d...
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Opinion In the light of People v. Beamon (1973) 8 Cal.3d 625 [105 Cal.Rptr. 681, 504 P.2d 905], it is clear that this court misconstrued section 1157 of the Penal Code when we treated defendant’s conviction for robbery as being in the first degree (People v. Doran (1972) 24 Cal.App.3d 316, 321-322 [100 Cal.Rptr. 886]). Applying the tests set forth by the Supreme Court in People v. Be...
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Opinion Appellants Turell, and others, appeal an order quashing a writ of execution and vacating a levy on property of respondent Basic Investments, Inc. On 20 August 1970 appellants leased to respondent for one year a building and lot at 915 W. 5th Street, Azusa, at a rental of $3,450 a month payable in advance. Respondent deposited $6,900 as security for performance of the terms of the lease.1 R...
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Opinion Petitioner (hereinafter Applicant) seeks review of an order of the Workmen’s Compensation Appeals Board (hereinafter Board) dated July 18, 1973, denying reconsideration of a referee’s order awarding Applicant industrial accident benefits, including a permanent disability award of 13 percent. Applicant contends that the award of permanent disability benefits is insufficient, not supporte...
Views: 2
36 Cal. App. 3d 977 (1974) 111 Cal. Rptr. 797 DAVIS DUDLEY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. 42978. Court of Appeals of California, Second District, Division Four. January 24, 1974. *978 COUNSEL Richard S. Buckley, Public Defender, Harold E. Shabo, Dennis A. Fischer, Bernard J. Kamins and Michael Rothschild, Deputy...
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*949 Opinion In an indictment filed in the County of Sacramento, defendant was charged with the crime of murder. The jury found defendant guilty of murder in the first degree. He appeals from the judgment of conviction. On August 30, 1971, a Mr. Randle was hired by Folsom Prison as a laundry supervisor. After a week of orientation, he began his duties in the laundry and was working there on...
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Opinion Plaintiff 1 and appellant Anne Press was injured when struck by a motorboat operated by defendant and respondent Reid Lyford. Plaintiff appeals from a judgment, after a jury verdict, in favor of defendant, and from the trial court’s order denying her motion for judgment n.o.v. Facts The accident occurred on Lake Arrowhead in August 1968. Defendant was operatin...
Views: 0
Opinion Acting in propria persona, defendant Tom Kozden filed a notice of appeal from the trial court’s memorandum decision which required him to pay the County of San Diego a part of the cost of his court-appointed attorney under Penal Code section 987.8. The decision is signed by the judge and filed in the action; its final paragraph is couched in terms of an order. We treat the appeal as bei...
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36 Cal.App.3d 854 (1974) 111 Cal. Rptr. 833 Estate of ROSA BALASSI GELONESE, Deceased. ROBERT BALASSI et al., Petitioners and Appellants, v. CHARLES BALASSI, Contestant and Respondent. Docket No. 32239. Court of Appeals of California, First District, Division One. January 23, 1974. *857 COUNSEL Rawles, Golden, Hinkle & Finnegan and Richard C. Burton for Petitioners and Appellants. Leo M. Cook...
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Opinion Robert Balassi, Lena Balassi Paolinelli and Peter Balassi (hereinafter referred to by their given names) appeal from a judgment upon a jury verdict denying probate of an instrument dated June 15, 1966, and asserted to be the last will and testament of Rosa Balassi Gelonese (hereinafter referred to as the “decedent”). Robert, Lena and Peter are children of decedent. The subject instrument p...
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Opinion County of Fresno employees are covered by the provisions of the 1937 County Employees Retirement Law (Gov. Code, § 31450 et seq.), including, as of January 1, 1970, safety membership by certain persons employed by the sheriff’s office. Set forth in the margin are three sections of the Government Code germane to the determination of persons who fall in the category of safety members. 1 ...
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Opinion This prohibition proceeding grows out of an ongoing property settlement dispute between Martin F. Bain (“husband”), petitioner in a marriage dissolution action and Elizabeth D. Bain (“wife”). We issued the alternative writ on the husband’s application. The trial court awarded the wife temporary spousal support, pending the husband’s partial appeal from an interlocutory judgment of dis...
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Opinion Plaintiff appeals from a judgment entered after the general demurrer of the defendant State of California to plaintiff’s complaint was sustained without leave to amend. The Allegations of the Complaint On June 29, 1966, plaintiff was arrested for a violation of section 288 of the Penal Code. Eventually he was convicted of a violation of section 647a of that code and placed on prob...
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Opinion We issued an order to show cause in response to an application by petitioner Albert C. Oglesby for a writ of habeas corpus wherein he contends the revocation of his parole by the Adult Authority on November 2, 1972, did not conform to the requirements set forth in Morrissey v. Brewer (1972) 408 U.S. 471 [33 L.Ed.2d 484, 92 S.Ct. 2593]. The sole issue before us is whether or not pe...
Views: 3
Opinion In this application for a writ of habeas corpus, petitioner Bobby Williams alleges the revocation of his parole did not conform to the requirements set forth in Morrissey v. Brewer (1972) 408 U.S. 471 [33 L.Ed.2d 484, 92 S.Ct. 2593], and Gagnon v. Scarpelli (1973) 411 U.S. 778 [36 L.Ed.2d 656, 93 S.Ct. 1756]. Petitioner was released on parole April 2, 1973, and 22 days thereaf...
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*893Opinion By information No. 98094 filed December 29, 1972, defendant, Gary Dean Sinclair, was charged in count I with a violation of Penal Code section 459 (burglary) in that on November 29, 1972, he did feloniously enter the residence of Charles C. Butler, located at 261 Pebble Hill Drive, Santa Barbara County, with intent to inflict great bodily injury, and that he did inflict great bodily i...
Views: 0
35 Cal.App.3d 987 (1973) 111 Cal. Rptr. 878 THE PEOPLE, Plaintiff and Respondent, v. JUAN A. ACUNA, Defendant and Appellant. Docket No. 23221. Court of Appeals of California, Second District, Division One. December 7, 1973. *988 COUNSEL Joseph Sack, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Atto...
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*989Opinion — Defendant and codefendant Freída Alford were charged with possession for sale of a narcotic, heroin (§ 11500.5, Health & Saf. Code). Defendant moved to suppress the evidence under section 1538.5, Penal Code, and to disclose the identity of the confidential informant. Subsequent to the denial of both motions he withdrew his plea of not guilty and entered a plea of guilty to a violati...
Views: 0
Opinion An information charged defendant with three violations of former Health and Safety Code section 11910, all felonies, in that, on 24 July 1972, he illegally possessed nembutal, amytol and benzedrine. After a nonjury trial, submitted on the transcript of the preliminary hearing, defendant was found guilty as charged. Proceedings were suspended and he was placed on probation under certain ...
Views: 5
36 Cal. App. 3d 759 (1973) 111 Cal. Rptr. 894 THE PEOPLE, Plaintiff and Respondent, v. JOHN ALAN KAY et al., Defendants and Appellants. Docket No. 10475. Court of Appeals of California, First District, Division Four. December 26, 1973. *761 COUNSEL Dawley, George & Holt, E.A. Dawley, John George, Len W. Holt, Romines, Wolpman, Tooby, Eichner, Sorensen, Constantinides & Cohen and Norton To...
Views: 13
Opinion In this action to quiet title to real property and to enjoin a sale under a power of sale contained in a deed of trust, plaintiff appeals from an adverse judgment denying him all relief prayed for in his complaint. The action was tried by the court on a written stipulation of facts. In July 1965, Diversified Enterprises, Inc. (DEI) obtained refinancing from defendant Communit...
Views: 9
10 Cal.3d 742 (1974) 518 P.2d 337 111 Cal. Rptr. 905 SIDNEY BRADPIECE, Petitioner, v. THE STATE BAR OF CALIFORNIA, Respondent. Docket No. L.A. 30137. Supreme Court of California. In Bank. February 6, 1974. *743 COUNSEL Clarence S. Hunt for Petitioner. F. LaMar Forshee, Herbert M. Rosenthal and Ronald W. Stovitz for Respondent. OPINION THE COURT. This is a proceeding to review a recommendation of ...
Views: 5
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 three years. *744Petitioner was admitted to practice in 1959. He has no prior record of discipline. In August of 1969 he was a sole practitioner. The essential facts are not in dispute. Petitioner was retained by Katherine Berggr...
Views: 2
10 Cal.3d 750 (1974) 518 P.2d 342 111 Cal. Rptr. 910 THE PEOPLE, Plaintiff and Respondent, v. PROSENJIT PODDAR, Defendant and Appellant. Docket No. Crim. 16502. Supreme Court of California. In Bank. February 7, 1974. *752 COUNSEL Franklin Brockway Gowdy, under appointment by the Supreme Court, for Defendant and Appellant. James C. Hooley, Public Defender (Alameda), and Gary M. Sirbu, Assistant Pu...
Views: 19
Opinion In this case we issued an alternative writ of prohibition directing respondent court to show cause why it should not be permanently restrained from taking any further action or proceeding in an action brought by real party against petitioners. The subject action was filed on March 18, 1965. Petitioners demurred to the complaint on May 17, 1965, and answered the complaint on J...
Views: 7

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