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All Reporters → cal-rptr → Volume 113

Opinions in cal-rptr Volume 113

*94 Opinion Defendant Vercil Leon Belcher was charged by amended information with two counts (first and second counts) of robbery (Pen. Code, § 211) and one count (third count) of assault with a deadly weapon and by means of force likely to produce great bodily injury. (Pen. Code, § 245, subd. (a)). 1 The amended information also charged that at the time of the commiss...
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Opinion J.Defendant Robert Lang appeals from a judgment of the Superior Court of San Diego County committing him to the State Department of Mental Hygiene for placement at Atascadero State Hospital as a mentally disordered sex offender. The trial court had found defendant guilty of two counts of committing lewd and lascivious acts upon a child under 14 years of age (Pen. Code, § 288), following a...
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Opinion Petitioner, Phonetele, Inc., seeks review of decision No. 80247 of the Public Utilities Commission (Commission). Phonetele manufactures a device known as the Phonemaster 1040, which restricts outgoing telephone calls to selected area codes or exchange prefixes. Decision No. 80247 determines that the Phonemaster may not be connected to a telephone without the installation of a...
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11 Cal.3d 59 (1974) 520 P.2d 405 113 Cal. Rptr. 21 THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; LAWRENCE ON TAI HO, Real Party in Interest. Docket No. S.F. 23048. Supreme Court of California. In Bank. March 27, 1974. *61 COUNSEL Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, Doris H. Maier, Assistant Attorney General, ...
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Opinion This is a companion case to People v. Superior Court (On Tai Ho), ante, page 59 [113 Cal.Rptr. 21, 520 P.2d 405], also decided this day. In On Tai Ho we hold that the decision to “divert” a defendant into a pretrial rehabilitation program under Penal Code section 1000.2 is a judicial act which cannot be subjected to a prosecutorial veto without violating the constitutional requirement of s...
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Opinion Defendant appeals from a judgment (order granting probation) entered upon a plea of guilty of possession of seconal, a restricted dangerous drug. (Health & Saf. Code, § 11910.) She contends that she was unlawfully arrested for obstructing an officer in the performance of his duties (Pen. Code, § 148) when she passively asserted a com stitutional right, and that contraband discovered durin...
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Opinion The issue presented on this appeal from a judgment denying a peremptory writ of mandate, which was heard on pleadings, declarations and a stipulation, is whether the State Personnel Board (Board) under its enabling statutes has discretion to authorize promotional examinations within a given department to the exclusion of other state employees who are not members of the department in which ...
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Opinion The sole question in this appeal is whether a tax lien for unsecured personal property taxes recorded against real property of the taxpayer by filing of a certificate pursuant to Revenue and Taxation Code sections 2191.3, subdivision (d), and 2191.4 1 takes priority over a prior recorded homestead. The trial court held that the homestead exemption is good against the ta...
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Opinion A jury found defendant guilty of arson (§ 447a, Pen. Code) and attempted arson .(§ 451a, Pen. Code). He appeals from the judgment. There is no challenge to the sufficiency of the evidence to support the judgment; appellant’s prime contention is that he was deprived of a fair trial because of certain procedural matters. His first claim is a denial of due process which he asse...
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38 Cal.App.3d 66 (1974) 113 Cal. Rptr. 49 THE PEOPLE, Plaintiff and Respondent, v. GARY DWIGHT STEVENS, Defendant and Appellant. Docket No. 23859. Court of Appeals of California, Second District, Division Four. March 25, 1974. *67 COUNSEL Gary Dwight Stevens, in pro. per., and Norman W. de Carteret, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney...
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Opinion By information, defendant was charged in count I with transportation of marijuana in violation of then Health and *1040 Safety Code section 11531 and in count II with possession of marijuana for sale in violation of then Health and Safety Code section 11530.5. Defendant’s motions pursuant to Penal Code sections 995 and 1538.5 were denied. The cause was submitted to the court after a...
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Opinion CARTER, J. * This is an appeal by the wife from an interlocutory judgment of dissolution of marriage. On appeal, wife urges the following procedural and substantive contentions; 1. The interest of the husband in his law firm as of the date of trial was all community property. 2. The trial court erred in failing to determine the value of husband’s interest in ...
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Opinion Plaintiffs-appellants appeal from judgment of the Alameda County Superior Court denying motion for permanent injunction. *882 Questions Presented 1. The regulation of the State Department of Social Welfare defining a “family unit budget” under the Aid to Families with Dependent Children (hereafter AFDC) program does not violate the Social Security Act. 2. T...
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Opinion On this appeal by Insurance Company of North America, the insurer, from a judgment in favor of James W. Woods, the injured passenger, declaring that its aircraft liability policy was in full force and effect at the time of the accident, the only question is the construction of the phrase “properly certificated and rated for the flight,” in Endorsement No. 2. For the reasons set forth be...
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Opinion We issued an order to show cause in response to the application of Dennis Reed Love for a writ of habeas corpus on allegations that the Adult Authority (Authority) had denied petitioner the right to counsel at hearings on both his prerevocation and formal revocation of parole. Additionally, petitioner contends that he was not afforded full disclosure of relevant evidence relating to the...
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Opinion Petitioner seeks review of a recommendation of disbarment by the Disciplinary Board of the State Bar. Admitted to practice in 1962, she has no prior disciplinary record. In October 1972, formal proceedings were instituted against petitioner as a result of her conduct in three cases arising in Los Angeles and Ventura Counties. *233In the first case (McNeil) petitioner was retained by Mr. M...
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Opinion In these consolidated cases petitioners Boyle and Glasscock seek writs of habeas corpus for the purpose of fixing bail. (Pen. Code, § 1490.) They are jointly charged, with other defendants, in a multiple-count *167 information filed in the Los Angeles Superior Court. Insofar as relevant to this proceeding, the information accuses petitioners of murder (count VI) and conspiracy to comm...
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Opinion This case presents the question whether the claims statutes (Gov. Code, § 900 et seq.) requiring the presentation of certain claims against the government within designated time limits 1 apply to an action *117 by an arrestee for the return of property taken by local police officers at the time of arrest and wrongfully withheld following the disposition of ...
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Opinion On August 28, 1969, defendant was found guilty of selling, furnishing and giving away marijuana, in violation of section 11531 (now § 11360) of the Health and Safety Code. Criminal proceedings were suspended and he was committed to the California Rehabilitation Center. In October of 1970, he was released from the center on outpatient status. On December. 18, 1971, while on that out-pati...
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Opinion Appellant and respondent are attorneys separately engaged in the practice of law in Kern County. On April 1, 1971, the respondent and nine other Kern County attorneys filed a complaint with the State Bar of California, alleging that appellant was guilty of professional misconduct in that he had organized a county-wide network of ambulance-chasers and cappers who, under his directi...
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38 Cal.App.3d 127 (1974) 113 Cal. Rptr. 122 THE PEOPLE, Plaintiff and Respondent, v. VERONICA M. BAGWELL, Defendant and Appellant. Docket No. 11286. Court of Appeals of California, First District, Division One. March 27, 1974. *129 COUNSEL James Larson, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., and Jack R. Wink...
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Opinion On April 7, 1969, plaintiff, Cecelia K. Toth, (hereafter Cecelia) 1 filed a complaint against defendant, Kenneth J. Toth (hereafter Kenneth) “1. To Declare Invalidity of Foreign Decree of Divorce; 2. For Separate Maintenance (Desertion and Extreme Cruelty); 3. For Dissolution of Partnership and Accounting; Declaration of a Constructive Trust” alleging that Kenneth purpo...
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38 Cal.App.3d 173 (1974) 113 Cal. Rptr. 139 In re MELISSA H., a Person Coming Under the Juvenile Court Law. HELEN M. HOTELLING, as Chief Probation officer, etc., Plaintiff and Respondent, v. SHARON E., Defendant and Appellant. Docket No. 33342. Court of Appeals of California, First District, Division One. March 28, 1974. *174 COUNSEL Sam T. Chapman for Defendant and Appellant. Evelle J. Younger, ...
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Opinion The mother of a minor appeals from an order of the lower court under subdivision (d) of section 600' of the Welfare and Institutions Code declaring the minor a dependent, placing her under the control and custody of the Director of the Napa County Welfare Department, and placing her in the home of the mother. A special finding was entered to the effect that the home involved was “unfit” so...
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Opinion Defendant Daniel Earl Bales, Jr., admitted by his “guilty” plea the commission of an armed robbery, and then entered an additional plea of “not guilty by reason of insanity.” (See Pen. Code, §§ 1016, 1026.) A jury, by a division of 10 to 2, found him to have been sane at the time of the commission of the offense. Judgment of conviction was thereupon entered, from which judgment Ba...
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Opinion This is a proceeding by certain owners of mobile homes and a nonprofit corporation consisting of such owners, challenging the constitutionality of an ordinance of Ventura County restricting the use and location of such homes. The trial court held the ordinance to be constitutional; we affirm. Purportedly acting under the authority of section 18300 of the Health and Safety Code, Ventur...
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Opinion Background Petitioners challenge the constitutionality of California’s garageman’s labor and materials lien provided for by Civil Code sections 3068, subdivision (a), 1 3071, 2 3072, 3 3073, 4 5and 3074. 5 These provisions, in conjunc *150 tion with section 5909, subdivision (a), of the Vehicle Code, ...
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Opinion In this case we determine whether real party in interest, Riverside County Hood Control and Water Conservation District (District) is a “local agency” under Code of Civil Procedure section 394, 1 per- *247 taming to motions for change of venue. We hold that District is a local agency and consequently that petitioners (Owners) are entitled, under section 394...
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Opinion In these consolidated cases, certain welfare recipients have challenged the validity, under federal and state law, of welfare regulations issued by the state Department of Social Welfare, which regulations affect the assistance grant to pregnant mothers. We have concluded that the regulations at issue are invalid because they purport to consider, contrary to the probable intent of...
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11 Cal.3d 274 (1974) 520 P.2d 978 113 Cal. Rptr. 162 ROSE W. LAMB, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, KEYSTONE ENGINEERING COMPANY et al., Respondents. Docket Nos. L.A. 30204, 30205. Supreme Court of California. In Bank. April 19, 1974. *276 COUNSEL Joseph E. Hall for Petitioner. Franklin Grady, Sheldon C. St. Clair, Thomas J. McBirnie and Norman R. Samuelsen for Respondents. *2...
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I dissent. “[T]he applicable due process standard in juvenile proceedings, as developed by Gault and Winship, is fundamental fairness. As that standard was applied in those two cases, we have an emphasis on factfinding procedures.” (McKeiver v.Pennsylvania (1971) 403 U.S. 528, 543 [29 L.Ed.2d 647, 659, 91 S.Ct. 1976] (plurality opinion).) Since the only real issue here was whom to believe, the fac...
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Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar of California that William G. Emslie be disbarred, based upon findings that he wilfully violated his oath and duties as an attorney at law by the commission of acts involving moral turpitude and dishonesty (Bus. & Prof. Code, §§ 6103, 6067, 6068, 6106) 1 *217 in other tha...
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Opinion A state employee, on behalf of himself and others, and the California State Employees’ Association petition for peremptory writ of *288 mandate compelling California officials to prepare a payroll and to pay wage increases in accordance with the California Budget Act of 1973. (Stats. 1973, ch. 129.) We issued an alternative writ. 1 The Budget Act of 1973...
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Opinion Donald R. Ogdon, an applicant for workmen’s compensation, seeks review of an award of lien made by the appeals board to the San Bernardino County Welfare Department in the sum of $2,031.50 against the sum of $9,177.91, the balance remaining under the compromise and release agreement entered into between Ogdon, his employer, and the latter’s insurance carriers after deduction of ot...
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*173 Opinion In 1971 the California Legislature established the Uninsured Employers Fund (Fund) to serve as an immediate source of funds for injured workmen whose employers have failed or refused either to obtain workmen’s compensation insurance or to qualify as self-insurers. Under the newly adopted statutory scheme, if an uninsured employer 1 fails, within 10 days of...
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Opinion Defendant Aviation Finance appeals from a judgment quieting title in plaintiff Minson Co. to a parcel of real property located between a road running through defendant’s property and the section line which (according to the deed) forms the southern boundary of defendant’s property. The action was brought to determine the common boundary line between plaintiff’s northern boundary a...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 571 OPINION This is an appeal by the State Controller from an order fixing the amount of an inheritance tax. The single question to be decided is whether the value of certain shares of common stock, transferred in trust by the decedent in 1958, should be inclu...
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Opinion This is an appeal by the State Controller from an order fixing the amount of an inheritance tax. The single question to be decided is whether the value of certain shares of common stock, transferred in trust by the decedent in 1958, should be included in the measure of the tax under section 13643 of the Revenue and Taxation Code.1 The inheritance tax appraiser included the value of the sto...
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*437 Opinion MOLINARI, P. J. Defendants appeal from the. judgments of conviction of armed robbery. (Pen. Code, § 211.) They make several assignments of error which we will consider separately with a narrative of the facts pertinent to each issue. Preliminarily we observe that defendants were charged with the armed robbery of a finance company occurring at about 4:30 p.m. on August 11, 1971,...
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Opinion Bobby Mitchell Baker, defendant, appeals a judgment sentencing him to prison after the court revoked his probation. Baker was convicted of second degree burglary and was placed on probation for three years on December 22, 1971. Baker escaped from the San Diego Work Furlough Center on July 10, 1972. On March 14, 1973, Baker remained missing. The court revoked his probation and issued a...
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Opinion Charles E. Baker, a licensed medical doctor, appeals the judgment of conviction for prescribing narcotics to persons not under his treatment for a pathology. (Former Health & Saf. Code, § 11163, 1 two counts.) On 3 August 1971 Undercover Agents Charles Stowell and Sandra Davis visited Dr. Baker’s office in Long Beach. Stowell told Dr. Baker he had “gotten loaded on...
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Opinion Codefendants appeal from judgments 1 entered on jury verdicts finding them guilty of second degree murder (Pen. Code, § 187). Both urge reversal or, in the alternative, reduction of the sentences to manslaughter, on the grounds that: 1) the evidence was insufficient to sustain the verdict and conviction; 2) the trial judge abused his discretion in allowing reference to their membershi...
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*486 Opinion Antonio Banales Flores appeals from the judgment of conviction entered on á plea of guilty after his motion to withdraw the plea had been denied. A certificate of probable cause has been filed pursuant to Penal Code section 1237.5. He contends his guilty plea was neither voluntarily nor intelligently made since he had not been advised that entry of such plea and conv...
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Opinion The People appeal from an order (termed “judgment” in the notice of appeal) of the superior court granting defendants’ motions to suppress evidence (under Pen. Code, § 1538.5), and to dismiss an in*428formation (under Pen. Code, § 995) charging them with possession of heroin for sale (Health & Saf. Code, § 11500.5 [now Health & Saf. Code, § 11351]) and transportation of heroin (Health & S...
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*522 Opinion This is an auto vs. truck case wherein each driver sued the other for personal injuries sustained in the accident. A jury decided that neither was entitled to recover. The car driver advances the following arguments on appeal: (1) the court erred in its instructions to the jury; (2) the truck driver was negligent as a matter of law; and (3) the trial court erred in p...
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Opinion We have consolidated for hearing and decision two closely related applications for relief by way of mandate. They deal with the power of the superior courts to appoint receivers in aid of execution, and the power of such receivers to commence actions in relation to the receivership. It has been a long standing judicial practice, in proper cases, to appoint receivers in procee...
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Opinion Petitioners have been indicted for pandering and for conspiracy to commit pandering. They duly moved, under section 1538.5 of the Penal Code, for an order suppressing certain physical evidence arid for its return, 1 and for the suppression of the testimony of two witnesses, which testimony they alleged was the fruit of the unlawful searches and seizures involved in the first branch of...
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Opinion On the petition of Cornell University Medical College, a New York corporation, hereinafter termed “Cornell,” we issued an alternative writ of mandate to the Santa Clara County Superior Court. The superior court had denied Cornell’s motion to quash service upon it, of summons issued on a cross-complaint of Fireman’s Fund Insurance Company (hereafter “Fireman’s Fund”), a real party ...
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Opinion Medical malpractice. Plaintiff Jean Thor appeals from a judgment, after a jury verdict, in favor of Dr. David Boska. *560 Facts There is no dispute concerning certain basic facts. Defendant, a general practitioner, began seeing plaintiff as a patient in 1963. In August or September 1965 plaintiff showed him a lump on her left breast. Defendant performed no tests and did not sugges...
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Opinion Nealy Aubrey Johnson, defendant, appeals his conviction, after jury trial, of first degree murder (Pen. Code, § 187). Mrs. Margaret Lewis and her daughter, Katherine, the murder victim, lived in a one bedroom apartment in San Diego. Johnson lived with Mrs. Lewis and Katherine during the summer of 1970; after August of 1970 Johnson stayed at the apartment on weekends only. When Johnson stay...
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Opinion L.A.J., Inc., doing business as Miller Carpet Company, filed a complaint against the State Board of Equalization of the State of California for refund of state sales taxes paid under protest in the sum of $2,723.84, plus interest or, in the alternative, for the sum of $872.92, plus interest. After a nonjury trial, the court signed findings of fact and conclusions of law and judgme...
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Opinion Defendant herein was charged with two counts of murder and four prior felony convictions. Defendant entered pleas of not guilty to the murder counts and admitted the four prior convictions. He was convicted by the jury of two counts of first degree murder. In this appeal defendant asserts three contentions, namely: 1. Allowing the testimony of defendant’s wife, over his claim of pri...
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Opinion Plaintiffs appeal from a judgment denying their petition for administrative mandamus to review and set aside actions of defendant Riverside County granting real party in interest (Eagle Development Company, hereafter Eagle) a conditional use permit and variance for the construction of a multiple residential development on a parcel of land in Palm Desert and approving a zone change...
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Opinion This is an appeal from a summary judgment dismissing plaintiffs’ petition for administrative mandamus to review and set aside the issuance of a conditional use permit to real party in interest (Consolidated Land Investment Company, hereafter Consolidated) for a planned multiple residential development in the unincorporated territory of River *276 side County known as ...
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Opinion In a so-called class action plaintiffs seek to have the court declare that the “pre-payment penalties” required of persons seeking to pay loans in advance of the normal maturity dates in real estate loan contracts used by defendants are void as being in contravention of Civil Code section 1670. 1 The claims against eight federally chartered defendants were removed to th...
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Opinion J.We issued an order to show cause in response to the application of Robert Sturm for a writ of habeas corpus on allegations that the Adult Authority (Authority) denied petitioner due process of law in that it acted irresponsibly in first denying him parole and then refusing to communicate to him the reasons for the denial. We conclude that there has been a denial of due process. ...
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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 one year and until he makes satisfactory restitution, but in no event no more than two years. 1 The board’s recommendation follows that of the local administrative committee which found that petitioner wilfull...
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11 Cal.3d 313 (1974) 521 P.2d 110 113 Cal. Rptr. 374 HUBERT GILLES et al., Plaintiffs and Appellants, v. DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT et al., Defendants and Respondents. Docket No. Sac. 7986. Supreme Court of California. In Bank. April 23, 1974. *315 COUNSEL Stefan M. Rosenzweig, Stephen P. Berzon, Daniel S. Brunner and Jeffrey L. Kastner for Plaintiffs and Appellants. Charles P. Scu...
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Opinion Appellants Marvin Braude and James Ruddick brought this action under Corporations Code section 2236 et seq., to set aside an election in which respondents Toll, King, and Milligan were selected as members of the Board of Directors of the Automobile Club of Southern California. Appellants attacked the validity of proxies executed by members of the club and sought a declaration of r...
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*601 Opinion Plaintiff, Thomas Mitchell, appeals from a judgment of dismissal entered after the court sustained demurrers to the complaint with leave to amend and plaintiff failed to amend within the time allowed. The record shows that the instant action was commenced on October 15, 1971, when plaintiff, Thomas Mitchell, filed a pleading entitled “Complaint For Money (Class ...
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38 Cal.App.3d 335 (1974) 113 Cal. Rptr. 396 HENRY DILLON et al., Plaintiffs and Respondents, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, Defendant and Appellant. Docket No. 1765. Court of Appeals of California, Fifth District. April 2, 1974. *337 COUNSEL McCormick, Barstow, Sheppard, Coyle & Best, McCormick, Barstow, Sheppard, Coyle & Wayte and Boone & Monroe and William B. Boone for ...
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Opinion Defendant Larry Smith was charged with armed robbery. (Pen. Code, § 211.) A jury found him guilty of first degree robbery and also found that he was armed when the offense was committed. The court found a prior felony allegation to be true. Defendant was sentenced to prison; he was also sentenced to additional punishment under Penal Code section 12022.5, or “alternatively,” to the minim...
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Opinion There are involved here cross-appeals by the respective plaintiffs in five different actions consolidated for trial, and by the single defendant against which judgment was entered in those five actions. All five actions arose out of the crash and destruction of an aircraft manufactured by defendant Beech Aircraft Corporation (Beech). In that crash Roy W. Gregory, Jr., pilot o...
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Opinion Petitioners who either reside or are employed in that area of Los Angeles County commonly referred to as East Los Angeles appeal from a denial of their petition for a writ of mandate to require respondent County of Los Angeles to obtain an environmental impact report (EIR) in connection with certain street improvements in East Los Angeles, which improvements involve the removal of a qua...
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Opinion In a well-articulated petition in pro. per., Lee Roger Duran meritoriously seeks habeas corpus on the grounds his probation was revoked for no good reason, and in violation of the notice requirements of Morrissey v. Brewer, 408 U.S. 471 [33 L.Ed.2d 484, 92 S.Ct. 2593] and People v. Vickers, 8 Cal.3d 451 [105 Cal.Rptr. 305, 503 P.2d 1313]. Following his conviction of assault wi...
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Opinion Plaintiffs and appellants, Steven Johnson, a minor, and his parents George and Agnes, recovered judgments, after a jury verdict, against defendant Christine Peterson, a minor, and against her parents Edward and Gloria, for a total amount of $30,000. The trial court entered both judgments, but limited the judgment against the parent defendants to *621 $10,000, the jury...
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*356 Opinion In this case we hold that a bank’s setoff of charge account debts against a depositor’s checking account constitutes private action, not state action, and thus does not succumb to the requirements of procedural due process under the federal Constitution. We also hold that the reach of the due process clause of the state Constitution is insufficient to afford a remedy...
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11 Cal. 3d 382 (1974) 521 P.2d 453 113 Cal. Rptr. 461 SOCIAL WORKERS' UNION, LOCAL 535, SEIU, AFL-CIO et al., Plaintiffs and Appellants, v. ALAMEDA COUNTY WELFARE DEPARTMENT et al., Defendants and Respondents. Docket No. S.F. 23015. Supreme Court of California. In Bank. April 30, 1974. *383 COUNSEL Levy & Van Bourg, Victor J. Van Bourg and Stewart Weinberg for Plaintiffs and Appellants. Richa...
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Opinion In 1970 this* court decided the case of Diamond v. Bland, 3 Cal.3d 653 [91 Cal.Rptr. 501, 477 P.2d 733], in which we held that plaintiff was entitled to solicit signatures on an initiative petition and to distribute leaflets regarding the proposal at defendant’s shopping center. Two years later, the United States Supreme Court determined in Lloyd Corp. v. Tanner, 407 U.S. 551 [33 L.Ed.2d ...
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Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar of California that petitioner be suspended from the practice of law in this state for a period of three months. Petitioner was admitted to practice in California in 1965, 1 and he has no prior record of discipline. In an order to show cause, dated January 25, 1972, petitioner...
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Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar of California that, petitioner be suspended from the practice of law in this state for a period of three years on conditions of probation, including actual suspension for the first two years. Petitioner was admitted to practice law in California in 1969, and he has no prior record of discipl...
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Opinion Defendants Irish Truck Lines, Inc. and Arthur Luster appeal frqm a judgment awarding $155,000 to plaintiff, John Harris, for personal injuries. Plaintiff was driving a half-ton pickup truck westbound on Seaside Boulevard in Long Beach on a clear and dry day. Luster was driving eastbound on Seaside within the course and scope of his employment in a five-ton truck owned by Irish. He int...
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Opinion Appeal from a judgment for all defendants in an action by plaintiff Hollywood National Bank (“Bank”) against defendants IBM, the issuer, for specific performance to compel transfer óf a 100-share IBM stock certificate; Hayden, Stone & Company (“Hayden Stone”), the true owner of the certificate, to quiet title; Morgan Guaranty Trust Company (“Morgan”), the original registrar on the...
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*724 Opinion Plaintiff Henry O’Hagan appeals from a summary judgment denying him recovery for damages in a mandamus action.. The pertinent facts reveal that on February 8, 1961, one Vernon Rose (“Rose”), the owner of the property located at 1207 Fourth Street in Santa Rosa, applied for a use permit for the purpose of constructing a drive-in restaurant at said location. On February 16, 1961,...
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*672 Opinion Defendant appeals from a judgment and sentence 1 entered on a jury verdict finding him guilty of assault with a deadly weapon (Pen. Code, § 245, subd. (a)) and of attempted robbery (Pen. Code, § 664), while using a firearm (Pen. Code, § 12022.5). As we have concluded that he was denied his statutory and constitutional rights to a speedy trial, and the charges against him must b...
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Opinion Defendant Alvis J. Bailey appeals from the judgment after a jury convicted him of all three crimes charged in the information: Count I, kidnaping with intent to commit robbery (Pen. Code, § 209); Count II, armed robbery (Pen. Code, § 211); and Count III, escape from custody in a state penal institution in violation of Penal Code section 4530, subdivision (a). He was sentenced to prison ...
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38 Cal.App.3d 637 (1974) 113 Cal. Rptr. 519 WALTER H. ANNENBERG, Plaintiff and Respondent, v. SOUTHERN CALIFORNIA DISTRICT COUNCIL OF LABORERS AND ITS AFFILIATED LOCAL 1184, et al., Defendants and Appellants. Docket No. 13032. Court of Appeals of California, Fourth District, Division Two. April 15, 1974. *639 COUNSEL Richman & Garrett and Lionel Richman for Defendants and Appellants. Adams, D...
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*640Opinion Defendants appeal from an order granting a preliminary injunction enjoining all picketing of plaintiff’s private residence. Plaintiff is a man of considerable wealth and prominence—currently, Ambassador to the Court of Saint James. He maintains a vacation home in the Palm Springs area which home is located on his own private eighteen-hole championship golf course. He employs a permane...
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*809 Opinion Plaintiff sued for damages for fraud in inducing an agreement to modify an earlier contract of employment. After a trial by the court, trial by jury having been waived, the court found in favor of plaintiff and awarded it compensatory damages in the amount of $68,777 and punitive damages in the amount of $2,500, plus costs. Defendant has appealed. For the reasons hereinafter stat...
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Opinion Defendant was convicted by a jury of first degree murder. The decedent, a retired civil engineer and a widower for about nine years, was 73 years of age and lived in Yucca Valley. The defendant, age 22, lived in a nearby house trailer. The defendant and decedent were *683 friends and the defendant spent many evenings at the decedent’s home watching television. On several occasions, ...
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*501 Opinion Plaintiffs instituted a proceeding in administrative mandamus to review and set aside actions of the County of San Bernardino approving three unrelated construction projects in the Lake Arrowhead area of the county. The main attack upon the projects was the alleged failure of the county to comply with requirements of the California Environmental Quality Act of 1970 (...
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Opinion Eugene Nealous Burke appeals from a judgment sentencing him to concurrent terms of imprisonment after a jury found him guilty of receiving stolen property (Pen. Code, § 496) and possession of a blank check with intent to defraud (Pen. Code, § 475). On March 9, 1972, the Producers Cotton Oil Company in Fresno was burglarized; a check protector and many blank forms of bank drafts were s...
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Opinion On November 12, 1971, the wife, Rosalind Sandra Warner, obtained an interlocutory default judgment of dissolution of her eight-year marriage to husband Gary Lew Warner. A final judgment of dissolution was entered, at the husband’s request, on March 8, 1972. On April 6, 1972, Rosalind filed a motion to vacate the interlocutory judgment, claiming that her attorney of record had failed to re...
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Opinion Petitioner, American Mutual Liability Insurance Company, hereinafter “American,” at all relevant times was malpractice insurance carrier for Sacramento County Medical Society, hereinafter “Society,” one of whose members was John G. Nork, M.D. Nork, and Mercy General Hospital of Sacramento, hereinafter “Mercy,” were sued for malpractice by Albert Gonzales. Nork, Mercy, and Gonzales...
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*803 Opinion Adeline Gloria Bjornestad (Gloria) and Edward R. Bjornestad (Edward) were married on December 31, 1967; separated December 30, 1971, and were pursuant to Gloria’s petition filed February 24, 1972, and Edward’s response thereto, separated by an interlocutory decree of dissolution entered October 6, 1972 (decree), which in items 2 to 8 inclusive made a complete property disposition...
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Opinion This appeal presents the question of the applicable statute of limitations for an action based on an alleged wrongful curtailment of a physician’s use of hospital facilities to practice his specialty. For the reasons hereafter stated we hold that the two-year limitation period of Code of Civil Procedure, section 339, subdivision 1 applies. *704 On January 29, 1971, t...
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Opinion Appellants brought an action in the superior court in which they sought a declaratory judgment that California’s requirement of United States citizenship as a prerequisite for voting is, as applied to them, a denial of the equal protection of the law. The trial court sustained respondents’ demurrers without leave to amend on the ground that appellants’ complaint failed to state a ...
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Opinion Plaintiffs brought this class action on behalf of themselves and other disadvantaged unemployed persons, alleging that defendants failed to perform contracts with the United States government under which defendants agreed to provide job training and at least one year of employment to certain numbers of such persons. Plaintiffs claim that they and the other such persons are third party ben...
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Opinion After sustaining demurrers without leave to amend plaintiffs’ original complaint, the trial court entered judgment of dismissal. Plaintiffs appeal. On the evening of 4 July 1970, Thomas Hayes (age 20) and Thomas *471 Dolan (age unknown) entered a beach on the campus of the University of California at Santa Barbara. While asleep in the night, they were attacked and beaten by unknown ...
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Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar (Board) that petitioner, a member of the State Bar, be disbarred from the further practice of law. The Board’s recommendation is based on findings by a local administrative committee of the State Bar that petitioner converted to his own use an apartment building *441 and a note ...
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Opinion Plaintiff, General Insurance Company of America, surety of the prime contractor involved, appeals from a judgment in favor of defendant, St. Paul Fire & Marine Insurance Company, surety for a subcontractor, which defaulted in its subcontract work under the prime contract. The action is essentially one for damages plaintiff suffered in excess costs and liquidated damages occasioned...
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Opinion Plaintiff (appellant herein) was employed by Metro-Goldwyn-Mayer, Inc. (MGM), as a regular chief set electrician. He was laid off from work effective February 12, 1971. He contended that the discharge was in violation of a clause of a collective bargaining agreement allegedly guaranteeing his employment. Grievance procedures initiated by plaintiff and his local union, Local 728, S...
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Opinion Defendant appeals from the judgment of conviction 1 by jury verdict of second degree murder (Pen. Code, § 187) while armed with a deadly weapon (Pen. Code, § 12022). During the night, and after the first day of jury deliberations, the janitor threw away several exhibits of physical evidence introduced by the People. Defendant’s contentions on appeal deal with this missing evidence. ...
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38 Cal.App.3d 911 (1974) 113 Cal. Rptr. 648 THE PEOPLE, Plaintiff and Appellant, v. RICHARD EARL LATHAN, Defendant and Respondent. Docket No. 24150. Court of Appeals of California, Second District, Division One. May 1, 1974. *912 COUNSEL Joseph P. Busch, District Attorney, Harry B. Sondheim and Daniel L. Bershin, Deputy District Attorneys, for Plaintiff and Appellant. Richard S. Buckley, Public D...
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Opinion Defendant was charged with possession of a .22 caliber revolver (§ 12021, Pen. Code) after haying been convicted of first degree robbery on December 3, 1969. The People appeal from order suppressing evidence (§ 1538.5, Pen. Code) and dismissing the cause (§ 1385, Pen. Code). The sole issue is whether defendant was initially unlawfully detained.1 *913The motion was submitted on the transcri...
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*737 Opinion Appellant-petitioners (appellants), James Edward Standifer (Standifer) and Maurice Bernard Nicholas (Nicholas) appeal from judgments following a jury trial by which they were respectively found guilty of murder in the second degree and murder in the first degree. (Pen. Code,. § 189). Pending their appeal appellants petitioned the Supreme Court for writ of habeas corp...
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Opinion Plaintiff appeals from a judgment of dismissal, following a ruling that his cause of action is barred by the statute of limitations and sustaining, without leave to amend, a general demurrer of defendant County of Sacramento alleging that the complaint failed to state a cause of action. The Facts Plaintiff, a civil service employee of Sacramento County, was dismissed...
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Opinion This proceeding was commenced here to prohibit further judicial, action by a superior court judge who allegedly had been disqualified by a motion made under Code of Civil Procedure section 170.6. The sole issue presented is the timeliness of the motion. The controlling facts, as alleged in the petition and admitted in the answer, are simple. Petitioner is one of the defendants in two civi...
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39 Cal.App.3d 729 (1974) 113 Cal. Rptr. 674 Estate of BERT M. LEWY, Deceased. JERE ERLE BROWN, as Executrix, etc., Petitioner and Appellant, v. AGNES PROVENZA OLDHAM, Objector and Respondent. Docket No. 42648. Court of Appeals of California, Second District, Division One. June 6, 1974. *731 COUNSEL Anderson, Adams & Bacon, George H. Zeutzius and Robert L. Bacon for Petitioner and Appellant. J...
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Opinion This appeal challenges a ruling of the probate court a holding that a proceeding by which respondent sought unsuccessfully to establish that appellant had substituted pages in the document filed by her as the will of Bert M. Lewy was not a contest of will within the meaning of an in terrorem clause in the documents. We affirm the order of the trial court. Bert M. Lewy (Decedent) died on Ap...
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Opinion In August 1956, approximately 100 acres of land in the Portuguese Bend area of the Palos Verdes Peninsula began moving toward the ocean. As a result of this movement many homes which had been built on the land were damaged or destroyed. Some of the homeowners had insurance which covered at least a portion of their losses. Most did not. Approximately 178 homeowners, including ...
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Opinion Three named plaintiffs, .on behalf of themselves and all others similarly situated, sued numerous named lending institutions in a class action, the complaint alleging breach of trust, fraudulent misrepresentation, negligent misrepresentation and breach of contract. After general and special demurrers of four of the named defendants were sustained, plaintiffs were given leave to am...
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Opinion In the case at bench, we consider an issue certified to us by the Appellate Department of the Los Angeles Superior Court as: “Since the amendment of section 17150 of the Vehicle Code in 1967, may the owner of a rented automobile damaged by the concurrent negligence of the hirer and the driver of another vehicle recover from the latter?” As did the appellate department, we answer that qu...
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*815Opinion In a six-count information, defendant was charged as follows: count I, assault with intent to commit murder, in violation of Penal Code section 217; count II, assault with a deadly weapon, in violation of Penal Code section 245, subdivision (a); count III, assault with intent to commit murder, in violation of Penal Code section 217; count IV, assault with a deadly weapon, in violation ...
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*497 Opinion The sole issue confronting us in this case is whether, absent any provisions in the option contract to the contrary, a written notice by the optionee of his exercise of an option is effective upon its deposit in the mail or only upon its receipt by the optionor. As we explain infra, we have concluded that pursuant to sections 1582 and 1583 of the Civil Code, 1 the exercise of...
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I dissent. The exclusionary clause in question is clear and unambiguous and controls the interpretation of the policy. There being no ambiguity in the terms of the exclusionary clause, its provisions must be effectuated. (Canadian Indem. Co. v. West. Nat. Ins. Co. (1955) 134 Cal.App.2d 512, 516-517 [286 P.2d 532].) The exclusionary clause provides: “This policy does not cover any loss caused by or...
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Opinion Plaintiff appeals from an order of the Superior Court of Ventura County granting a motion by defendants Gary Lee Carlson and Brent Earl Carlson for summary judgment. Facts: Plaintiff and Carl G. Carlson (decedent) were married in 1949 and lived together almost continuously until his death in July 1971. In 1954, defendant Metropolitan Life Insurance Company (Metropolitan) issued a gr...
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38 Cal.App.3d 890 (1974) 113 Cal. Rptr. 727 Estate of WATSON DARK, Deceased. SANTA BARBARA NATIONAL BANK, as Executor, etc., et al., Petitioners and Respondents, v. SHRINERS HOSPITALS FOR CRIPPLED CHILDREN, Objector and Appellant. Docket No. 42958. Court of Appeals of California, Second District, Division Two. April 30, 1974. *891 COUNSEL Price, Postel & Parma, H. Clarke Gaines, Timothy A. Wh...
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*892Opinion Shriners Hospitals for Crippled Children appeals the denial of its motion to set aside preliminary distribution in the estate of Watson Dark and the overruling of its objections to the final account and petition for final distribution. The issue is proration of federal estate taxes. Dark died testate in January 1972 leaving an estate of nearly $1 million. His brief will made six specif...
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Opinion ( Found guilty of second degree murder (Pen. Code, § 189) by a jury, appellant, Berttrand Anderson, appeals from the judgment entered pursuant tó the verdict. Appellant and the victim, Sandra Heckman, had lived together for a period of about a year and a half. In April 1972, they were living together at 241 E, Washington, Apartment #2 in the City of Pasadena. The apartment was shared by Pa...
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*968 Opinion In October 1972 the Nevada County grand jury indicted Peter Dean on a charge of possessing marijuana for sale. In November of 1973 we denied Dean’s petition to quash the indictment; we held that the evidence supporting the indictment had been secured by means consistent with the Fourth Amendment. (Dean v. Superior Court, 35 Cal.App.3d 112 [110 C...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 770 OPINION The Security Pacific National Bank (hereafter "Security"), special administrator of the estate of Joseph Massaglia, Jr., deceased, on the one hand, and Laura Massaglia, objector to the first and final account and report of Security and Hong Kong Ba...
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*771Opinion The Security Pacific National Bank (hereafter “Security”), special administrator of the estate of Joseph Massaglia, Jr., deceased, on the one hand, and Laura Massaglia, objector to the first and final account and report of Security and Hong Kong Bank of California, administrator with the will annexed, on the other hand (hereafter “objector” and “Hong Kong” respectively) each appeal fr...
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Opinion Defendant property owner has appealed from a judgment entered upon a jury award in a condemnation action. 1 It contends that the plaintiff Redevelopment Agency has failed to comply with federal law and that the taking is unlawful; that the court erred in permitting the condemnor to introduce evidence of value predicated upon the capitalization of business receipts, and ...
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Opinion This is an appeal from a judgment in favor of respondents in an action arising out of the death of appellants’ two children. On Saturday, November 30, 1968, the bodies of Linda and Joseph Atchan were discovered in the bottom of the swimming pool owned by respondent Americania Motor Lodge in downtown San Francisco. Linda Atchan, age 11, and her brother Joseph Atchan, age 10, w...
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Opinion State of California appeals from the granting of respondents’ motion to suppress pursuant to Penal Code section 1538.5 and respondents’ motion to dismiss pursuant to Penal Code section 995. On November 22, 1972, defendants-respondents James Byrd and Leigh Moser were charged by complaint with possession of marijuana for sale (Health & Saf. Code, § 11530.5), and possession of m...
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Opinion Prior to April 15, 1969, W. J. and Paul Smith (“the Smiths”) had leased and purchased on a time basis various pieces of earth-moving equipment from the respondent, Davies Machinery Co. (“Davies”). They had dealt with each other off and on over a period of some 25 years. *21 On April 15, 1969, the parties entered into a security agreement for the purchase of 12 pieces ...
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Opinion Plaintiff, John V. Slater, appeals from an adverse judgment entered on a defense verdict in his malpractice action against the attending physician, defendant M. B. Kehoe, and Herrick Memorial Hospital, and from the order denying his motion for a judgment notwithstanding the verdict. He contends that the trial court erred to his prejudice by: 1) not instructing the jury that there was no...
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39 Cal.App.3d 28 (1974) 113 Cal. Rptr. 801 EDWARD THOMAS BURKE, JR., Petitioner, v. THE SUPERIOR COURT OF SONOMA COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. 34352. Court of Appeals of California, First District, Division One. May 7, 1974. *30 COUNSEL Geary, Geary, Shea & Pawson and Michael F. O'Donnell for Petitioner. No appearance for Respondent. Evelle J. Younger, Att...
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Opinion We issued an alternative writ of mandate in order to consider the legality of a warrantless search of a motor vehicle for contraband. It was based upon an untested “citizen informer’s” untrue report of his observations which the superior court found was reasonably and in good faith believed by sheriff’s officers to constitute probable cause for the search. Substantial evidence established...
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Opinion Appellant Michael Joseph Peck and two codefendants were indicted on four counts: offering to sell marijuana (Health & Saf. Code, § 11531, now § 11360); possession of marijuana for sale (Health & Saf. Code, § 11530.5, now § 11359); possession of restricted dangerous drugs (Health & Saf. Code, § 11910, now § 11377); and possession of paraphernalia (Health & Saf. Code, § 11555, now §...
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Opinion A judgment of nonsuit was entered against plaintiff Helen Gopaul in her “malpractice” action against defendant Herrick Memorial Hospital. The trial court had concluded that the one-year statute of limitations of Code of Civil Procedure section 340, subdivision 3, had run before commencement of her action. Her appeal is from the judgment. Viewed in a light most favorable to pl...
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*66 Opinion Defendant appeals a judgment of conviction for possession of heroin. By stipulation the case was submitted to the superior court upon the transcript of the preliminary hearing. Defendant made a motion to suppress evidence under Penal Code section 1538.5. Facts A confidential reliable informant told Police Officer Neie that informant had bought heroin from appellant. Informant ...
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Opinion Appellant pleaded guilty to possession of heroin (formerly Health & Saf. Code, § 11500, now, § 11350). The court found appellant to be a narcotics addict, and committed him to custody of the Department of Corrections for confinement in a narcotics rehabilitation facility under provisions of Welfare and Institutions Code section 3051. The director of the rehabilitation program ther...
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Opinion Defendant Richard Polacious Borunda was charged by information with possession of heroin. (Health & Saf. Code, § 11500.) His motion to discover the identity of an informant on the ground that he was a material witness on the issue of guilt was granted, and when the People refused disclosure the court ordered the case dismissed. (Pen. Code, § 1385.) The People appeal from the order...
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Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar of California that petitioner be suspended from the practice of law in this state for a period of nine months. Petitioner was admitted to practice law in California in 1957, and he has no prior record of discipline. In a notice to show cause, petitioner was charged with soliciting profe...
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11 Cal.3d 506 (1974) 522 P.2d 12 113 Cal. Rptr. 836 TOPANGA ASSOCIATION FOR A SCENIC COMMUNITY, Plaintiff and Appellant, v. COUNTY OF LOS ANGELES et al., Defendants and Respondents; JAMES WARREN BASSLER et al., Real Parties in Interest and Respondents. Docket No. L.A. 30139. Supreme Court of California. In Bank. May 17, 1974. *509 COUNSEL Amdur, Bryson, Caplan & Morton and David L. Caplan for...
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Opinion We examine, in this case, aspects of the functions served by administrative agencies in the granting of zoning variances and of courts in reviewing these proceedings by means of administrative mandamus. We *510conclude that variance boards like the ones involved in the present case must render findings to support their ultimate rulings. We also conclude that when called upon to scrutinize...
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39 Cal.App.3d 40 (1974) 113 Cal. Rptr. 847 In re SHERMAN M., a Person Coming Under the Juvenile Court Law. COUNTY OF LOS ANGELES, Petitioner and Respondent, v. HELEN JOYCE BEITEL, Objector and Appellant. Docket No. 42198. Court of Appeals of California, Second District, Division Two. May 8, 1974. *41 COUNSEL Philip L. Goar, Gerald Blank and W. Kenneth Rice for Objector and Appellant. John H. Lars...
Views: 8
Opinion This is an app eal by the natural mother ofthesubj ect four-year-old minor from an order and judgment of the superior court granting the respondent’s petition that the minor be freed from custody and control of appellant in order that the minor might be adopted. The foster family with which he now lives, and has lived since two months of age, seeks to adopt him. The judgment of the superio...
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Opinion Petitioner and defendant David Grime seeks a writ of mandate to compel respondent superior court to dismiss an action brought by real party in interest and plaintiff Charles J. Spake. We granted an alternative writ on order of our Supreme Court.1 Facts The facts are undisputed. Plaintiff filed a personal injury action against defendant in the Los Angeles superior court. On November 17, 197...
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Opinion Defendant Albert E. Barrowclough, also known as Tracy Rollin Ammerman, was charged by information with perjury in violation of Penal Code section 118 1 as follows: “That on or about the 1st day of June, 1971, at the Department of Motor Vehicles Office in Van Nuys, California, in the County of Los Angeles, he was making application for a driver’s license and was called u...
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Opinion In accordance with the advisory verdict of a jury, the trial court rendered judgment for specific performance of an alleged contract to purchase real property in favor of plaintiff Florence H. Scott (hereinafter plaintiff) and against defendants Dana B. Horn and Fidelity Development Company (hereinafter defendants). *133 Essential Facts Eliminating unnecessa...
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*923 Opinion Appellant, the paternal grandmother of the four minor children who are the subject of consolidated guardianship proceedings, has appealed from orders which overruled her objections and appointed a separate guardian for each of the minors. She has also appealed from a post-judgment order which denied her motion for an order waiving costs of a clerk’s transcript on app...
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Opinion This is an appeal by representatives of the California Human Relations Agency and Department of Social Welfare from a preliminary injunction prohibiting enforcement by the state of specified standards of eligibility for welfare. We reserve the order granting the preliminary injunction and remand the matter to the trial court for further proceedings. Respondents are recipients...
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Opinion Defendant has appealed from a judgment of conviction entered following a court trial in which he was found guilty of four out of five offenses with which he was charged as a result of his participation in an armed robbery. 1 He was sentenced to prison for the term provided by law for armed robbery of the first degree (Pen. Code, §§ 211, 211a) 2 aggravated under the provisions of sec...
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39 Cal. App. 3d 12 (1974) 113 Cal. Rptr. 890 LAWRENCE JACKSON, Plaintiff and Appellant, v. ROBERT B. CARLESON, as Director, etc., et al., Defendants and Respondents. Docket No. 14117. Court of Appeals of California, Third District. May 3, 1974. *13 COUNSEL Eugene M. Swann, Carmen L. Massey and Gary J. Solberg for Plaintiff and Appellant. Evelle J. Younger, Attorney General, Elizabeth Palmer, Assi...
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*103 Opinion This action for declaratory relief results from a dispute between the previous owner and the present owners of a motel near Lake Gregory in San Bernardino County as to which of them is entitled to $45,000 paid to their joint account by Lake Gregory Land and Water Co., whose negligence resulted in mudslide damage to the motel property. The trial court divided the disp...
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Opinion People’s motion to dismiss an appeal from a conviction based on a guilty plea to first degree robbery. On February 20, 1973, after defendant, who was represented by counsel, was sentenced to prison, the trial court informed him of his right to appeal. (Cal. Rules of Court, rule 250.) No notice of appeal was filed within the 60-day period provided by rule 31(a). Sometime in July 1973 def...
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Opinion Petitioner, Sheriff of Los Angeles County, seeks a writ of mandate to compel respondent superior court to quash its subpoena duces tecum requiring the production of certain documents sought by Caesar Echeveria, real party in interest and defendant in a pending trial for multiple counts of battery (Pen. Code, §§ 242, 243). Petitioner contends the discovery at issue should not have ...
Views: 33
Opinion This is a proceeding to review a recommendation of the State Bar of California that Ted Bushman be suspended from the practice *561 of law for one year. Bushman was found by the State Bar Disciplinary Board to have charged and attempted to collect an exorbitant and unconscionable fee from clients, and to have disseminated news releases for the purpose of soliciting pr...
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*85 Opinion Defendant County of San Joaquin (hereinafter referred to as “County”) appeals following the granting of judgment on the pleadings in favor of plaintiff San Joaquin County Employees’ Association, Inc. (hereinafter referred to as “Association”). This action had its genesis in the filing of a complaint for declaratory relief by the Association seeking a determination by the court t...
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Opinion The County of San Luis Obispo appeals the judgment of the superior court which, (1) set aside an assessment by the county board of equalization of property commonly known as the Madonna Inn owned and operated by respondent Alex Madonna, (2) awarded Madonna $1,000 attorneys’ fees, and (3) remanded the cause to the board for further proceedings. Facts For the fiscal year 1...
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Opinion Plaintiffs appeal from an order (“judgment,” Code Civ. Proc., § 581d) dismissing their complaint following the sustaining of the demurrer of defendant, The Boeing Company, which asserted the court had no jurisdiction of the subject matter of the action. (Code Civ. Proc., § 430.10, subd. (a).) Plaintiffs are the minor children of Earl Raymond Cairl, deceased, who sue through a...
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