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All Reporters → cal-rptr → Volume 127

Opinions in cal-rptr Volume 127

Opinion On these proceedings in prohibition we inquire into the jurisdiction of the superior court to fry petitioner Scott Emerson Owen on an indictment of the Santa Cruz County Grand Jury. Evidence taken by the grand jury revealed the following. Each of three boys, of the respective ages of 16, 15 and 12 years, testified that over a *931 period of two or three years Owe...
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Opinion Petitioner, a corporate employer, seeks prohibition to prevent respondent court from enforcing its order issued November 5, 1975, which granted real party’s motion to compel production of an accident report prepared by an employee of petitioner. We may properly entertain a petition for extraordinary relief when, as here, the petitioning party asserts that to compel production would viol...
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Opinion The Case By information, defendant James Robert Ruscoe (hereinafter defendant or Ruscoe) was charged with extortion in violation of Penal Code section 518 (count I) and with grand theft in violation of Penal Code section 487, subdivision 1 (count II). An amendment to the information *1008 alleged three prior felony convictions (grand theft—July 1965; grand theft—Dec. 1965; and inter...
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Opinion Ronald Quintana joined the California Highway Patrol in March of 1965. In February of 1966, while operating a Highway Patrol vehicle, he was involved in an accident and suffered physical injuries. He was off duty for a period of three months, assigned to limited duty for seven to eight months and thereafter returned to full duty, the first two months of which he served on regular ...
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Opinion Following trial of this action against the County of Los Angeles for wrongful death of their son, judgment on the verdict of the jury was entered in favor of Martin and Wreath Kolar in the sum of $25,000 plus costs. Thereafter an order was made granting defendant’s motion for a new trial. Plaintiffs appeal from that order and defendant cross-appeals from the judgment. 1 ...
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Opinion On April 30, 1967, George Renner (decedent) died intestate and on September 15, 1969, an order settling final account in P-524093 (Renner estate) recited “. . . the heirs-at-law of said deceased are unknown ...” and provided, “ . . . property . . . whether described herein or not, ... is distributed to the State of California . . . .” (Escheat order.) On November 6, 1974, pursuant to ...
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Opinion Appellants Karl K. Lowe and Contract Design Associates, Ltd., as assignees of an applicant for a real estate loan from respondent insurance company, have each appealed from separate judgments, entered after a consolidated trial by the court, which denied their claim that their assignor was entitled to the return of $94,000 deposited with the company in connection with its commitme...
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Opinion —Plaintiff appeals from an order of dismissal of his first amended complaint for declaratory relief and breach of contract following the sustaining of a demurrer thereto without leave to amend. (Code Civ. Proc., § 581, subd. 3.) The appeal lies. (Code Civ. Proc., §§ 581d, 904.1, subd. (a).) *897 The amended complaint alleges that plaintiff was the owner of “Werner Sy...
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Opinion This is an action for declaratory relief in the form of an election contest. The action was commenced in the Contra Costa County Superior Court by Charles Philippart (hereinafter contestant) who was an unsuccessful candidate for election to the office of Trustee of Hotchkiss Tract Reclamation District 799 at the regular election on November 6, 1973. His principal contention is tha...
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Opinion Petitioner Iversen, a claims supervisor employed by the codefendant insurance company, seeks a writ of mandate to compel the *170 Los Angeles Superior Court to grant his motion for summary judgment in an insured’s action for breach of the duty of good faith and fair dealing. Following an adverse judgment in a cross-complaint for indemnification, Sunshield Insulation Company (Sunshie...
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Opinion In this taxpayers’ suit, judgment was given in favor of defendants, supervisors and other officers of Contra Costa County. The taxpayers sought to invalidate an ordinance passed by the supervisors in 1974 which set the salaries of members of the board of supervisors at $14,282.80 per year, because a 1972 ordinance, passed by initiative in 1972 had fixed the salaries at $13,200 per year, an...
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Opinion On January 29, 1974, an indictment was filed in the Santa Clara County Superior Court charging defendants Beatrice Navarette and Joe Peraza with selling heroin and offering to sell marijuana, in violation of sections 11352 and 11360 of the Health and Safety Code. Both defendants moved to quash the indictment on the ground of discriminatory grand jury selection. A hearing on the motion...
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Opinion Appellant Lúcela C. Lowry, the former Lúcela Gregg, is the sole income beneficiary of a marital trust created under the will of *884her deceased husband, John D. Gregg. Respondent Title Insurance and Trust Company, the trustee of the marital trust, petitioned the probate court for an order instructing it to allocate payments received under the Bartolo contract, the major asset of the marit...
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Opinion Inman R. Johnson (Johnson) filed a complaint against Canadian Transport Company, Ltd., a corporation (Canadian), 1 Towmotor Corporation, a corporation (Towmotor), Caterpillar Tractor Company, a corporation (Caterpillar), and the Weatherhead Company, a corporation (Weatherhead). The first cause of action against the defen *830 dants and “each of them” allege...
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*1106 Opinion —There is no dispute as to the facts. On January 15, 1974, Sinai Temple (Sinai) filed a complaint for recovery of expenses for funeral services and related matters performed by it in connection with the burial of one Martin Kaplan. 1 The defendants were Gloria Kaplan, 2 the administratrix of Martin’s estate, and Morris Kaplan, the father of the...
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Opinion Simmie Edward Barnett appeals from a judgment entered after a jury trial convicting him of rape (Pen. Code § 261, subd. 3), oral copulation accompanied by force (Pen. Code § 288a), acting in concert to commit an act of oral copulation (Pen. Code § 288b), and assault (Pen. Code § 240). *1049 During April 1974 Dorine D., her husband and their baby shared with . and rented a house in O...
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Opinion The People appeal an order suppressing the results of a chemical test taken to determine defendant’s blood alcohol level. We reverse. About 7 p.m. on April 1, 1975, defendant committed an alleged battery on a citizen. Officers arrived on the scene at 7:30 p.m. and 10 minutes later defendant was placed under citizen’s arrest for the battery. He was thereupon taken into custody by the office...
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Opinion In this case we must determine the criteria that trial and appellate courts in this state may properly consider in passing upon applications by convicted felons for release pending appeal of their convictions. 1 Petitioner, relying on several distinct state and federal *926 constitutional theories, contends that, except in capital cases, all such defendants...
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Opinion Plaintiff Gertrude Chern brought an action on behalf of herself and a class of all persons similarly situated against defendant Bank of America for breach of contract, damages, and injunctive relief. The trial court granted summary judgment in favor of defendant bank on all counts, dismissed plaintiff’s class action, and awarded costs to defendant. Plaintiff appeals. We have concl...
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Opinion Defendant Charles Henry Stewart was charged by information with 10 counts of grand theft in violation of Penal Code section 487, subdivision 1. Following a jury trial in the Los Angeles County Superior Court, he was found guilty on nine of those counts, and sentenced to state prison for the term prescribed by law. Sentence was suspended and defendant was placed on five years’ probation ...
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Opinion The People, on the relation of the Attorney General and of the California Regional Water Quality Control Board, San Francisco Region (Regional Board) seek a writ of mandate directing respondent superior court to vacate its order granting judgment on the pleadings and its pretrial order in the underlying action for the imposition of civil penalties pursuant to section 13350, subdiv...
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Opinion Petitioners seek a writ of mandate directing respondent superior court to vacate its order denying petitioners’ motion for summary judgment and judgment on the pleadings and to enter an order granting such motions in the underlying action for injunctive relief and civil penalties pursuant to section 13385 of the Water Code. 1 The facts in brief are these: Real party i...
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Opinion Gilbert Tewksbury was convicted by a jury of-first degree murder (Pen. Code, § 187) and two counts of first degree robbery (Pen. Code, § 211). He contends on appeal from the ensuing judgment that his convictions were unlawful in that they are supported only by the uncorroborated testimony of two witnesses who were as a matter of law accomplices. 1 He contends alternativ...
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Opinion Petitioner Stephen O. Martinez was beaten and seriously injured while attempting to prevent the theft of his employer’s property. The sole question before us is whether petitioner is entitled to recover workers’ compensation for the injuries he incurred. We have concluded that emergency efforts by an employee acting in good faith to save his employer’s property from loss by theft ...
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*18 Opinion Defendant City and County of San Francisco appeals from a judgment granting recovery of certain personal property taxes paid under protest. The major question before us is whether an assessor, in determining full cash value pursuant to relevant constitutional and statutory provisions, may do so by simply discounting acquisition cost by a uniform 50 percent “depreciati...
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Opinion Plaintiffs, Ruben Garza, Marie Garza and Michael Anthony Garza, the minor children of coplaintiffs, Ruben Garza and Alice J. Garza, appeal by their guardian ad litem, their just-mentioned mother, from a minute order striking from the first amended complaint 1 their causes of action in which each child alleges that by reason of the negligence of defendants Stephen Kantor...
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Opinion Defendant Lawrence Joiner was charged in a two-count information with possession of marijuana for purposes of sale (Health & Saf. Code, § 11359), and assault with a deadly weapon upon a police officer (Pen. Code, § 245, subd.(b)). A jury found defendant guilty as charged on the marijuana' count and guilty of a violation of section 245, subdivision (a), a lesser but necessarily inc...
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*1124 Opinion Motion to dismiss a pending appeal. Respondent Attorney General states the problem concisely; “Appellants take this appeal from the trial court’s judgment in their favor.” Background Penal Code sections 313 through 313.5 make criminal the distribution of certain “harmful” materials to minors. The definition of “harmful matter” in section 313 1 is generally that set forth...
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Opinion Esther Villa de Mendoza individually and as guardian ad litem of her five living children, seeks review of a decision and order of the Workers’ Compensation Appeals Board (Board) with regard to the claims presented as a result of the death of three children, brother and sisters of the minor applicants. The claim for the death of her husband killed at the same time is not a part of this ...
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Opinion Petitioners Meta and Richard Katzoff seek review of an order of the San Francisco Superior Court allowing the Department of Public Social Services of the City and County of San Francisco to remove two-year-old Dimitri Wallace from their home, where they have been caring for him as a foster child. Dimitri was born to Diane and Howard Wallace on December 26, 1973. Shortly after...
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Opinion Introduction Plaintiff Faix, Ltd. (hereinafter plaintiff or Faix) appeals from the granting of a motion for judgment on the pleadings in three consolidated tax actions made by defendant County of Los Angeles (hereinafter defendant or County). The dispute involves taxes pertaining. to the valuation assessed on certain Upper San Gabriel River Basin water rights. Background...
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Opinion In this habeas corpus proceeding we are called upon to decide whether a commissioner was properly appointed to hear an order to show cause proceeding, and if so whether he exceeded his jurisdiction in ruling on the contempt which resulted. Petitioner, Sheldon C. Plotkin, was retained as an expert witness by attorneys for the plaintiff in a cause of action against Datsun Motor Company....
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Opinion Plaintiffs, the surviving husband and children of Rosemary E. Aas, who was killed in an airplane crash, have appealed 1 from an order of the trial court which dismissed their action against defendant insurer, upon granting defendant’s motion for judgment on the pleadings, and *316 denying plaintiffs’ motion for summary judgment. Plaintiffs, who have re...
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55 Cal. App. 3d 35 (1976) 127 Cal. Rptr. 200 ALVIN M. YOUNG, Plaintiff and Appellant, v. BERRY EQUIPMENT RENTALS, INCORPORATED, Defendant and Respondent. Docket No. 2493. Court of Appeals of California, Fifth District. February 3, 1976. *37 COUNSEL Kane, Canelo & Walker and Regis J. Amann for Plaintiff and Appellant. Cardozo, Nickerson & Martelli and Paul L. Martelli for Defendant and Res...
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Opinion Defendant was convicted by a jury of possession of heroin (Health & Saf. Code, § 11350). No finding was made as to two prior felony convictions. Proceedings were suspended. Defendant was placed on five years’ probation on various terms and conditions, including the service of nine months in jail, concurrently with jail time being served in an unrelated matter. Defendant appeals fr...
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Opinion This appeal presents the perplexing question whether liability for failure to warn of dangerous properties of a product is measured by the doctrine of strict liability in its generally understood sense or, alternatively, by traditional negligence concepts imposing a duty of-care requiring warning of danger only when there is actual or constructive knowledge of the danger. The...
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Opinion Plaintiff Yvonne Rabago-Alvarez brought suit against Industries, Inc. to recover damages for wrongful termination of her employment. The evidence produced at the trial shows that in 1971, just prior to the commencement of her employment with defendant, plaintiff was employed in the direct selling of copper gift ware. Plaintiff had engaged in this occupation for 16 years and h...
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55 Cal. App. 3d 118 (1976) 127 Cal. Rptr. 230 THE PEOPLE, Plaintiff and Respondent, v. FLOYD EDWARD FLORES, Defendant and Appellant. Docket No. 26900. Court of Appeals of California, Second District, Division Two. February 9, 1976. *119 COUNSEL Michael F. Shapiro, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Ass...
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54 Cal.App.3d 969 (1976) 127 Cal. Rptr. 233 Estate of BELLA MABURY, Deceased. RALPH KOHLMEIER, as Trustee, etc., Petitioner and Respondent, v. CHRISTIAN SCIENCE BOARD OF DIRECTORS OF THE MOTHER CHURCH, FIRST CHURCH OF CHRIST, SCIENTIST, BOSTON, MASSACHUSETTS et al., Claimants and Appellants; BOARD OF TRUSTEES OF LELAND STANFORD JUNIOR UNIVERSITY, Claimant and Respondent; EVELLE J. YOUNGER, as Att...
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Opinion This is an appeal and cross-appeal from an order of the probate court directing distribution of income of a testamentary charitable trust.1 Bella Mabury died October 16, 1964. Her will, dated September 29, 1961 (including two subsequent codicils), was admitted to probate on November 9, 1964. The order for preliminary distribution, which established her testamentary trust, was entered on S...
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Opinion In her action against appellants for declaratory and injunctive relief, respondent Shelley Mandel took a judgment (“Judgment And Writ Of Mandate”) which enjoins the Governor from *602 ordering the closure of State offices on Good Friday between the hours of noon and 3 p.m., and from granting State employees paid time off during the three-hour period; enjoins the Contr...
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Opinion The State of California imposes a sales tax on the purchase of merchandise by means of trading stamps, coupons, and the like. Beginning in 1961, Sperry and Hutchinson Company (S&H) collected sales tax reimbursements from stamp redeemers for merchandise obtained with its S&H Green Stamps on a valuation of $3 per book of 1,200 stamps, and it paid sales tax to the state on the basis of the s...
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Opinion Dynair Electronics, Inc. and Dyna-Cable, Inc. appeal a two-count judgment—each count involving different legal issues and different parties—following a trial by the court. I In April 1971, Frank Castro, Bob Richardson, Donn Maurer and Michael Grupp formed a general partnership, Video Cable Service (VCSG), pursuant to an oral agreement. VCSG engaged in the business of con...
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Opinion John Edward McKenzie appeals from a judgment determining that he was not entitled to recover attorney’s fees in an action against respondent Kaiser-Aetna. McKenzie alleged that KaiserAetna had failed to pay for services, labor, and material furnished by appellant to Kaiser-Aetna on a construction project. The services, labor and material were furnished in accordance with specifications ...
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55 Cal.App.3d 23 (1976) 127 Cal. Rptr. 279 THE PEOPLE, Plaintiff and Respondent, v. RALPH W. ISITT, Defendant and Appellant. Docket No. 8001. Court of Appeals of California, Third District. February 2, 1976. *26 COUNSEL Philip M. Farley, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Ar...
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Opinion Defendant Ralph W. Isitt, plead guilty to kidnaping for robbery with bodily harm (Pen. Code, § 209),1 robbery in the first degree *27(§§ 211, 211a) and assault to rob (§ 220). He was charged with and admitted being armed with (§§ 3024 and 12022) and having used (§ 12022.5) a firearm in the commission of each offense. He was sentenced to the state prison for each offense for the terms presc...
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*954 Opinion This is an appeal by petitioner Carolyn A. McDowell from an order re child visitation and support made in a proceeding initiated under the revised Uniform Reciprocal Enforcement of Support Act of 1968 (Code Civ. Proc., § 1650 et seq.) Said order dealt with the right of respondent Joseph D. Orsini, a California resident, to reasonable visitation with the minor child o...
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Opinion This case, and nine companion cases, decided this day, that were consolidated for briefing, involve the novel and important questions: (1) Is it necessary for the record on appeal to show that the trial court expressly advised an unrepresented defendant accused of a public offense classified as an infraction,1 as distinguished from a misdemeanor or felony, that he has the right to be repre...
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Opinion The People appeal from an order granting defendant’s motion that certain pit bull dogs be returned to him. The order was made pursuant to Penal Code section 599aa1 We reverse, holding that defendant was convicted by his guilty plea of the violation of a provision of the Penal Code relating to the fighting of animals, and therefore was not entitled to the return of the dogs. *Supp. 17The de...
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*Supp. 3Opinion Plaintiff brought this action to recover for medical services rendered to defendant Joyce Slade in Los Angeles. Defendants appeal from the denial of their motion to change venue to the Municipal Court for the Central Orange County Judicial District. In support, defendants declared that each of them resided in Orange County at all pertinent times. In opposition, plaintiff and his c...
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Opinion Defendant was convicted of failing to stop for a red traffic light. He was fined $10 plus a penalty assessment of $5.50. We have no statement on appeal or other record to advise us of the facts. *Supp. 7Defendant was sentenced on August 12, 1974. On August 28, 1974, he filed a notice of appeal and-a statement on appeal. The next docket entry is precisely seven months later: on March 28, 19...
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Opinion Applicant seeks review of a Workers’ Compensation Appeals Board decision vacating a referee’s compensation award and holding that her injury did not arise “out of and in the course of employment.” (Lab. Code, § 3600.) We affirm the board’s order. After driving her children to their school, applicant, a grade school teacher, sustained injury in an automobile accident driving to her school....
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Opinion Plaintiff Bloom appeals from a judgment of the Los Angeles Superior Court denying his petition for writ of prohibition to restrain the Inglewood Municipal Court from proceeding on a complaint charging him in the statutory language with violation of section 311.2, subdivision (a), of the Penal Code.1 We affirm the judgment. *74I We first consider a question of appellate jurisdiction raised...
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Opinion In the present case, and in the companion case of In re Dunham, post, page 63 [127 Cal.Rptr. 343, 545 P.2d 255], we consider whether a court, at a probation revocation hearing, or the Adult Authority, at a parole revocation hearing {Dunham), may properly consider evidence indicating that the probationer or parolee has committed another criminal offense during...
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*65 Opinion This case is a companion to In re Coughlin, ante, page 52 [127 Cal.Rptr. 337, 545 P.2d 249], wherein we hold that the trial court at a probation revocation hearing properly, may consider evidence indicating that the probationer may have committed another criminal offense during the probation period, despite his acquittal of that offense at trial. In the present case, we adopt a ...
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*190 Opinion In this case a plaintiff-creditor appeals from an order quashing a previously issued writ of execution and setting aside the levy upon real property made pursuant to it. The sole question before us is whether a declaration of homestead recorded before judgment defeats a prior attachment lien. On March 2, 1971, plaintiff filed an action against defendant in the S...
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*146Opinion The issue presented by this appeal is whether California, consistent with the due process clause of the United States Constitution, may assert jurisdiction over a nonresident individual whose essentially interstate business has a relationship to this state, but whose allegedly tortious acts occurred outside the state. Plaintiff is a California resident whose husband was killed in a hi...
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Opinion Defendant was charged in count I with the murder of Kathleen Pairis, and in count II with the murder of his wife Harriet. (Pen. Code, § 187.) It was further alleged that a firearm was used in the commission of both offenses. (Pen. Code, § 12022.5.) Following a jury trial defendant was found guilty on count II of murder in the second degree involving the use of a firearm. The jury was unab...
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Opinion Education Code section 13413 provides that if administrative proceedings are commenced to dismiss a permanently tenured teacher and a hearing is demanded, the hearing “§hall be commenced within 60 days from the date of the . . . demand for a hearing.” Government Code section 11509, applicable to administrative proceedings involving tenured teachers, states: “The agency shall deliv...
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55 Cal. App. 3d 165 (1976) 127 Cal. Rptr. 386 TRUESTONE, INC., et al., Plaintiffs and Appellants, v. TRAVELERS INSURANCE COMPANY et al., Defendants and Respondents. Docket No. 46580. Court of Appeals of California, Second District, Division One. February 10, 1976. *167 COUNSEL Malvin D. Dohrman and Barrymore & Stevens for Plaintiffs and Appellants. Schell & Delamer, Mark B. Pepys, Robert ...
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Opinion In pertinent part the stipulated facts show that in October of 1969 a sale of real property improved with two two-story buildings *193 (property) was consummated between Victor E. and Sylvia Krone as vendors and Hertry C. Goff as purchaser, and that the Krones received as a substantial part of the purchase price a note for $165,000 payable in monthly installments secu...
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Opinion Plaintiffs and appellants herein appeal from a judgment entered in favor of defendant and respondent after the granting of a motion for summary judgment. The facts of this case properly may be termed a classic “bar examination” type. Plaintiffs Henry Chakmak and Vincent Palmo comprised a general partnership operating under the fictitious name of Tri-Central Construction ...
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Opinion Defendant appeals from a judgment of conviction entered after a jury found him guilty of two counts of first degree robbery. Since defendant does not attack the sufficiency of the evidence we need not set forth the circumstances of the crimes other than that defendant was positively identified as one of the perpetrators of two such robberies committed on March 4¿$nd April 11, 1974, ag...
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55 Cal. App. 3d 184 (1976) 127 Cal. Rptr. 413 CLARA OBERSTEIN, Plaintiff and Appellant, v. JAMES H. BISSET et al., Defendants and Respondents. Docket No. 15361. Court of Appeals of California, Fourth District, Division Two. February 10, 1976. *186 COUNSEL Bush, Bush & Larsen and Lloyd M. Larsen for Plaintiff and Appellant. Parker, Stanbury, McGee & Babcock, George H. Babcock and Robert J....
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Opinion This appeal is taken from a judgment in an eminent domain action brought by respondent, the City of Los Angeles. *628 The action was initiated for the purpose of condemning 80 acres of land in the Palmdale area for airport purposes. The property was owned by appellants, Dr. and Mrs. Lowensohn, who were awarded $440,000 by the jury as compensation for their land. Appel...
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Opinion In an indictment dated 4 October 1973, appealing defendants Haskin, Cornell, Marino, Ackerman, Inc., Transcontinental Leasing Corp., Professional Processors, Inc., Proscene Productions, Inc., and Central Sales West, dba “Scan Imports,” were charged with a conspiracy (Pen. Code § 182, subd. 1) with Gerald Franklyn, aka Gerald Lynn, aka Gerald Hozberg and with other persons, names unknown...
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55 Cal. App. 3d 173 (1976) 127 Cal. Rptr. 434 THE PEOPLE, Plaintiff and Respondent, v. GERALD LOUIS MOLINA, Defendant and Appellant. Docket No. 26535. Court of Appeals of California, Second District, Division One. January 29, 1976. *174 COUNSEL Donald Wadleigh, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assist...
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55 Cal.App.3d 76 (1976) 127 Cal. Rptr. 438 Estate of PATRICK MANGERI, Deceased. LORRAINE H. SVIEN et al., Petitioners and Appellants, v. ELMER M. WALTERS, as Executor, etc., Objector and Respondent. Docket No. 14244. Court of Appeals of California, Fourth District, Division One. February 4, 1976. *78 COUNSEL Palladino, Polis & Hunt, Charles J. Hunt, Jr., and Gerald D. Polis for Petitioners an...
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Opinion After granting a motion for summary judgment,1 the trial court entered a judgment dismissing a petition for the admission to probate of a will purportedly executed by Patrick Mangeri on February 17, 1972. Denial of probate was based upon the trial court’s determination that the will of that date had not been executed in conformity with the requirements for execution of wills by mark. The p...
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*114 Opinion Ernest Patrick Kiernan and Nicholas A. Misciagna have brought this action against Union Bank, to recover losses incurred when the bank paid forged checks which had been drawn on their account by their own bookkeeper. The court granted a motion by the bank for partial summary judgment, excluding recovery on all forged checks which had been paid and returned more than ...
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Opinion The People have appealed from a judgment of the superior court for issuance of a writ prohibiting the municipal court from entertaining criminal charges against Lawrence Ulmer for accosting another in a public place for the purpose of begging or soliciting for alms (Pen. Code, § 647, subd. (c)) and soliciting contributions for a charitable purpose without a permit (Oakland Mun. Code, § ...
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Opinion Petitioners seek a writ of prohibition to prevent the Honorable Delbert E. Wong, Judge of the Los Angeles Superior Court, from presiding at the trial in the case of David Daar, et al. v. The Metropolitan Water District of Southern California, et al., on the ground that he is disqualified under Code of Civil Procedure section 170, subdivision 1, because he has a non waivable interest in ...
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55 Cal. App. 3d 197 (1976) 127 Cal. Rptr. 451 THE PEOPLE, Plaintiff and Respondent, v. SURETY INSURANCE COMPANY, Defendant and Appellant. Docket No. 2436. Court of Appeals of California, Fifth District. January 30, 1976. *198 COUNSEL Rushing & Clark, Albert G. Clark, Jr., I. Mark Bledstein and Bledstein & Lauber for Defendant and Appellant. *199 Stephen Dietrich, Jr., County Counsel, Jame...
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Opinion We discuss here two unrelated cases which turn on the question whether the crime of attempting to receive stolen property (Pen. Code, §§ 664 and 496) may be committed if the property involved has not been stolen. In each case the superior court dismissed before trial, and the People appealed. We are of the opinion that the decisional law of California has -established that an antecedent...
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Opinion Charles Thomas Rist appeals from a judgment upon a jury conviction of robbery of the first degree (Pen. Code, §§ 211, 21 la) *215and a finding that he had used a firearm in the commission of the robbery (Pen. Code, § 12022.5). He was sentenced to state prison for the term prescribed by law to run concurrently with a prison term already being served. We agree with defendant’s contention tha...
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Opinion John Jacob McDaniel appeals from a judgment following a jury conviction of assault with intent to commit murder (Pen. Code, § 217) and a court conviction of carrying a concealed weapon within a vehicle after having previously been convicted of a felony (Pen. Code, § 12025). Defendant’s pretrial motion to sever the two charges for trial purposes was granted and defendant waived tri...
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Opinion Petitioner, the employee and applicant in compensation proceedings, was awarded 37 percent partial permanent disability in connection with a disability of his left eye and related work restrictions. He contends that the award is inadequate in that the work restrictions were not taken into account in arriving at the rating. We agree that the rating was reached by an erroneous rating assu...
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55 Cal. App. 3d 1 (1976) 127 Cal. Rptr. 493 A. ESPARZA, Plaintiff and Respondent, v. MICHAEL RISLEY SPECHT, Defendant, Cross-complainant and Appellant; COLUMBUS MUTUAL LIFE INSURANCE COMPANY et al., Cross-defendants and Respondents. Docket No. 14075. Court of Appeals of California, Fourth District, Division One. January 20, 1976. *3 COUNSEL Luce, Forward, Hamilton & Scripps, C. Douglas Alford...
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Opinion Petitioner, a prisoner at California Mens Colony, sought, by a petition for a writ of habeas corpus, to attack the validity of a regulation relating to mail privileges of prisoners, adopted by the Director of the Department of Corrections.1 The regulation attacked provides as follows: *270“DP-2405. Correspondence Between Inmates And Courts: Sealed correspondence from an inmate to a court w...
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Opinion The petition in this matter seeks review of an order granting the petition of real parties in interest to file a late claim against the estate of Raul Jose Segovia, also known as Raul J. Segovia, for injuries allegedly suffered January 23, 1971, in an accident in which the decedent was killed. The issue here is not whether the real parties in interest have, in the civil proceedings in whi...
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Opinion J. andF. Dale, the property owners, appeal from a judgment of dismissal entered after the court sustained without leave to amend 1 the general demurrer of the City of Mountain View to Dales’ complaint for declaratory relief and inverse condemnation. They contend that the city’s adoption of an amendment to its general plan that restricted the use of their property to “op...
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Opinion Plaintiffs and appellants Henry Grier, Michael Chuba, Donald E. Figas, and Orlin Purdue, Sr., on behalf of themselves and all others similarly situated, and Division 192, Amalgamated Transit Union, the labor union representing the named plaintiffs and other bus drivers employed by respondent, brought this action for declaratory relief and damages. The complaint alleged that respon...
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Opinion The resolution of this appeal requires that we interpret the qualifying phrase “nearest or most accessible” as descriptive of the magistrate before whom one arrested for felony without a warrant must be taken “without unnecessary delay.” (Pen. Code, § 849, subd. (a).) 1 Appellant 2 herein asserts that the qualifying phrase imposes essentially a geographic limitation. We conclude tha...
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57 Cal. App. 3d 29 (1976) 127 Cal. Rptr. 540 MARGARET L. PRESCOD, Plaintiff and Appellant, v. UNEMPLOYMENT INSURANCE APPEALS BOARD, Defendant and Respondent; WELLS FARGO BANK, Real Party in Interest and Respondent. Docket No. 37109. Court of Appeals of California, First District, Division Two. April 5, 1976. *31 COUNSEL Mary C. Dunlap for Plaintiff and Appellant. Evelle J. Younger, Attorney Gener...
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Opinion California has provided a fund for limited reimbursement of parties defrauded by licensed real estate brokers or salesmen performing acts for which a license is required. (Bus. & Prof. Code, '§§ 10470-10483.) Reimbursement is granted only to one who has obtained final judgment against the licensee (§ 10471) and has been unable to satisfy the judgment. (§ 10472.) Recovery from the ...
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Opinion By information filed in September -1972 defendant, alone, was charged under count I with selling a narcotic (cocaine) on 22 February 1972, a felony, in violation of Health and Safety Code section 11501 (now Health & Saf. Code, § 11352); count II jointly charged defendant and Roberta Moore with possessing for sale a narcotic (cocaine) on 17 March 1972, a felony, in violation of Hea...
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55 Cal. App. 3d 357 (1976) 127 Cal. Rptr. 561 THE PEOPLE, Plaintiff and Respondent, v. ROBERT REYNOLDS, Defendant and Appellant. Docket No. 26960. Court of Appeals of California, Second District, Division Four. February 18, 1976. *360 COUNSEL Keith C. Monroe, under appointment by the Court of Appeal, and Monroe & Riddet for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R....
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Opinion As aresult of injuries "sustained by plaintiffs when their automobile collided with a truck, plaintiffs filed suit against the truck driver and his employer, Trails Trucking Company, claiming negligence. On January 30, 1968, plaintiffs amended their complaint by adding San Jose Autocar White Company (hereinafter “Autocar”) as a third defendant. Autocar was sued on breach of warranty and...
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Opinion On July 18, 1975, respondent court entered an order requiring Kathy Marie Bittle, one of petitioners herein, to appear for a physical examination as permitted by section 2032, subdivision (a), of the Code of Civil Procedure. The order had been requested by real parties in interest as a part of and ancillary to the preparation for trial of respondent court’s case No. NCC 6264 in which pe...
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55 Cal. App. 3d 274 (1976) 127 Cal. Rptr. 579 HARVEY G. COOPER et al., Plaintiffs and Appellants, v. AMERICAN SAVINGS AND LOAN ASSOCIATION et al., Defendants and Respondents. Docket No. 45939. Court of Appeals of California, Second District, Division Five. February 17, 1976. *277 COUNSEL Harvey G. Cooper, Nathaniel S. Colley, Lipsig, Rosenfield, Temkin & Leff, Linley, McDougal, Meloche & ...
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Opinion The defendants, City of San Diego (City) and certain of its officers, including Michael Babunakis, have appealed from a declaratory judgment that four ordinances of City and a contract entered into by City are in violation of City’s charter. Plaintiff is a citizen and taxpayer of City. The contract in question was executed by City July 16, 1973 with Michael Babunakis, one of ...
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55 Cal. App. 3d 423 (1976) 127 Cal. Rptr. 594 PAUL EBERLE et al., Plaintiffs and Respondents, v. THE MUNICIPAL COURT FOR THE LOS ANGELES JUDICIAL DISTRICT OF LOS ANGELES COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Appellant. Docket No. 46574. Court of Appeals of California, Second District, Division One. February 19, 1976. *425 COUNSEL Burt Pines, City Attorney, Ward ...
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*203Opinion Defendant has applied to this court for an order setting bail on appeal. In 1972 defendant pleaded guilty of pimping (Pen. Code, § 266h) and in 1973 was convicted of pandering (Pen. Code, § 266i), both felonies. Proceedings were suspended in both cases and probation was granted for a period of two years, subject to a nunber of conditions, one of which was that he serve 30 days in count...
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Opinion Defendant was charged with jaywalking (Veh. Code, § 21955). Although defendant refused to promise to appear unless he was given the citation first, he finally did sign after the officer called up a “backup” officer. Section 21955 of the Vehicle Code provides as follows; “Between adjacent intersections controlled bv traffic control signal devices or by police officers, pedestrians shall not...
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Opinion The City of Torrance, a municipal corporation (the City) seeks a peremptory writ of mandate commanding respondent superior court to dismiss an action in eminent domain brought by the City against real party in interest Fujita Corporation USA (Fujita). The Court of Appeal for the Second Appellate District, Division Five, issued an alternative writ, and Fujita filed a return by demurrer a...
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16 Cal.3d 282 (1976) 545 P.2d 1322 127 Cal. Rptr. 618 THE PEOPLE, Plaintiff and Respondent, v. BERNARDO GUITERREZ DURAN, Defendant and Appellant. Docket No. Crim. 18573. Supreme Court of California. In Bank. February 27, 1976. *286 COUNSEL Clyde M. Blackmon and Norman W. de Carteret for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General...
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16 Cal.3d 263 (1976) 545 P.2d 1333 127 Cal. Rptr. 629 THE PEOPLE, Plaintiff and Respondent, v. MICHAEL KENNETH RAMEY, Defendant and Appellant. Docket No. Crim. 18795. Supreme Court of California. In Bank. February 25, 1976. *266 COUNSEL Robert L. Layton and Harold D. Winingar, under appointments by the Supreme Court, for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkle...
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Opinion Arthur N. appeals from an order of the superior court, sitting as a juvenile court, sustaining a supplemental petition brought pursuant to Welfare and Institutions Code section 777, 1 and committing him to the custody of the Youth Authority. He argues both that proof beyond a reasonable doubt of the facts constituting the misconduct alleged therein is necessary to sustain a supplement...
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Opinion In this action for medical malpractice filed by Hannah R. Stills and her minor son, "Jessie Stills, against Doctors Richard Gratton and Allen F. Smoot, judgments of nonsuit were entered at the conclusion of plaintiffs’ evidence in favor of the defendants and against the plaintiffs. This appeal is from the judgments so entered. The right to move for a judgment of nonsuit is gr...
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Opinion This is an appeal from a judgment denying a writ of mandate sought to compel respondents to employ appellant without requiring her to take and subscribe to the following oath: “I,_, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear tru...
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55 Cal. App. 3d 692 (1976) 127 Cal. Rptr. 664 THOMAS HINOJOSA et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. 14726. Court of Appeals of California, Fourth District, Division One. February 24, 1976. *694 COUNSEL Andrew Freeman, James N. Pendleton, Norbert Ehrenfreund and Edward K. Curley for Petitioners. Edwin L. Miller, J...
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Opinion Defendants Dorothy Ann Smith and James Ashburner Smith, Jr., appeal from one paragraph only of an interlocutory judgment in condemnation. The judgment determined that defendants were entitled to the sum of $51,000 plus interest as (1) just compensation for the taking of a parcel described therein as “Parcel 5-10,” comprising (a) fee title to 1,264 square feet of a total of 12,139 square fe...
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55 Cal.App.3d 759 (1976) 127 Cal. Rptr. 672 THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; JOSEPH W. ABRAHMS, Real Party in Interest. Docket No. 47691. Court of Appeals of California, Second District, Division Three. February 25, 1976. *761 COUNSEL John K. Van de Kamp, District Attorney, Donald J. Kaplan, Philip J. McCarthy and Jay J. Becker, Deputy District Atto...
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55 Cal. App. 3d 623 (1976) 127 Cal. Rptr. 681 HERMAN J. TIJSSELING et al., Plaintiffs and Appellants, v. GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION, LTD., Defendant and Respondent. Docket No. 36901. Court of Appeals of California, First District, Division Four. February 24, 1976. *624 COUNSEL Merrill, Thiessen & Gagen and Gregory L. McCoy for Plaintiffs and Appellants. Bronson, Bron...
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55 Cal. App. 3d 418 (1976) 127 Cal. Rptr. 685 NEIL D. REID, INC., Plaintiff and Appellant, v. DEPARTMENT OF HEALTH CARE SERVICES, Defendant and Respondent. Docket No. 34978. Court of Appeals of California, First District, Division Three. February 19, 1976. *419 COUNSEL Neil D. Reid, in pro. per., and Mary Sanford Schneider for Plaintiff and Appellant. Evelle J. Younger, Attorney General, Elizabet...
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55 Cal.App.3d 720 (1976) 127 Cal. Rptr. 688 HENRY E. MIHESUAH, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and UNION OIL COMPANY, Respondents. Docket No. 35622. Court of Appeals of California, First District, Division Four. February 25, 1976. *721 COUNSEL Van Bourg, Allen, Weinberg, Williams & Roger, Barry J. Williams and George C. Allen for Petitioner. Frank H. Batlin, Charles Lawrence Sw...
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*646 Opinion Elaine Harris, appellant herein, is the plaintiff in an action for damage suffered as a result of personal injuries filed in the Superior Court of Los Angeles County originally embracing 24 defendants. Appellant’s brief states that the action has been settled or dismissed as to 17 of the original defendants. Respondents Harry F. and Grace C. Worthington (Worthington) and Edna Har...
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Opinion On June 26, 1971, John Kaplan was injured by the negligence of an uninsured motorist and on December 6, 1973, filed a petition seeking appointment of a third and neutral arbitrator for the adjudication of his claim for damages according to the arbitration provisions of the uninsured motorist coverage of his vehicular liability insurance policy with Eldorado Insurance. Company. On Octobe...
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*662 Opinion In this proceeding petitioners, Arthur L. Hunot, Frank Hamp, Avrom R. Handleman, Douglas Hamp, and Monsanto Company, seek a writ of prohibition to restrain respondent superior court from taking further proceedings in, or a writ of mandate to compel said court to dismiss, a pending action for lack of prosecution pursuant to Code of Civil Procedure section 583, subdivi...
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Opinion Gwendolyn Maunder appeals an order denying her request for an increase in spousal support (Civ. Code, § 4801, subd. (a)). *572 In an interlocutory judgment of dissolution, Gwendolyn was awarded, among other things, child and spousal support and a community property interest in Donald’s retirement pay from the Navy. She is able to garnish his service pension to obtain unpaid child an...
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57 Cal. App. 3d 559 (1976) 127 Cal. Rptr. 709 CITY OF LOS ANGELES, Plaintiff and Respondent, v. GIL CANNON, Defendant and Appellant. Docket No. 47585. Court of Appeals of California, Second District, Division Two. April 22, 1976. *560 COUNSEL Thomas G. Baggott for Defendant and Appellant. Burt Pines, City Attorney, Milton N. Sherman, Chief Assistant City Attorney, Keith W. Douglas, Deputy City At...
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55 Cal. App. 3d 773 (1976) 127 Cal. Rptr. 712 KAREN COOK et al., Plaintiffs and Appellants, v. GLENDON CRAIG, as Director, etc., et al., Defendants and Respondents. Docket No. 15094. Court of Appeals of California, Third District. February 25, 1976. *777 COUNSEL Amtai Schwartz, Joseph Remcho, William Bennett Turner, Vilma I. Martinez, Sanford Jay Rosen and Anthony G. Amsterdam for Plaintiffs and ...
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Opinion This is an appeal from a judgment of dismissal after a demurrer was sustained to plaintiffs’ complaint without leave to amend. It concerns primarily the construction of the guidelines of Dillon v. Legg, 68 Cal.2d 728 [69 Cal.Rptr. 72, 441 P.2d 912, 29 A.L.R.3d 1316], governing determination of foreseeability of emotional trauma through sensory perception of p...
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55 Cal. App. 3d 798 (1976) 127 Cal. Rptr. 729 In re DAVID T., a Minor. A.G. FORBES, as Chief Probation Officer, etc., Plaintiff and Respondent, v. DAVID T., Defendant and Appellant. In re BRUCE W., a Minor. A.G. FORBES, as Chief Probation Officer, etc., Plaintiff and Respondent, v. BRUCE W., Defendant and Appellant. Docket Nos. 14347, 14541. Court of Appeals of California, Fourth District, Divisi...
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*842 Opinion This is an appeal from a judgment enjoining enforcement of Long Beach Ordinance C-5106 as amended by Ordinance C-5145. It raises the issue of the constitutionality of a city business license tax surcharge differing by region imposed to implement a municipal parking and business improvement area plan adopted pursuant to Streets and Highways Code section 36000 et seq. ...
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55 Cal. App. 3d 517 (1976) 127 Cal. Rptr. 741 ROY W. SYZEMORE, Plaintiff and Appellant, v. COUNTY OF SACRAMENTO, Defendant and Respondent. Docket No. 15140. Court of Appeals of California, Third District. February 20, 1976. *519 COUNSEL DeCristoforo & Sullivan and Albert E. Combatalade for Plaintiff and Appellant. Memering, Stumbos, DeMers, Ford & Norris and Dianna Z. Hoffman for Defendan...
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55 Cal. App. 3d 710 (1976) 127 Cal. Rptr. 745 SCOTT W. BAKER, Plaintiff and Appellant, v. CHRYSLER CORPORATION, Defendant and Respondent. Docket No. 35511. Court of Appeals of California, First District, Division Four. February 25, 1976. *713 COUNSEL Lewis, Rouda & Lewis, Lewis & Rouda, Marvin E. Lewis and Eduardo M. Xavier for Plaintiff and Appellant. *714 Robert E. Cartwright, Edward I....
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*900 Opinion Plaintiff William G. Enders appeals from a summary judgment entered in favor of defendant Apcoa, Inc., Division of I.T.T. Consumer Services Corporation, the operator of a parking lot. Facts By affidavit, Apcoa parking lot attendant Manny Chalearpiamnugit declared: “On November 20, 1972 at approximately 2:20 PM., Myma Ziff brought her Pontiac Firebird to the [Apcoa parking l...
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Opinion Plaintiff, the duly elected incumbent judge of the Justice Court of the Tracy Judicial District, commenced this proceeding for extraordinary relief, alleging that legislation enabling the creation of a municipal court in the Tracy Judicial District is unconstitutional in its form and effect and that the county ordinance implementing the legislation must be submitted to a referendu...
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Opinion Property owners, Gould, Johnson, Shope, Wheeler and Monahan, appeal from a judgment in condemnation in favor of the City of Los Angeles, decreeing that the city is entitled to acquire for airport purposes a fee simple interest in their various residential properties located near the Los Angeles International Airport. Appellants contend that in the judgment they should have been awarde...
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55 Cal. App. 3d 525 (1976) 127 Cal. Rptr. 775 COASTAL SOUTHWEST DEVELOPMENT CORPORATION, Plaintiff and Respondent, v. CALIFORNIA COASTAL ZONE CONSERVATION COMMISSION, Defendant and Appellant. Docket No. 14239. Court of Appeals of California, Fourth District, Division One. February 20, 1976. *528 COUNSEL Evelle J. Younger, Attorney General, Carl Boronkay, Assistant Attorney General, Anthony C. Jos...
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*891 Opinion On November 7, 1972, the Reeds, plaintiffs and respondents, were issued a building permit by Mendocino County for their proposed motel complex. As their property was within the permit zone of the Coastal Zone Conservation Act, they were required to apply also to the regional commission for a coastal permit. They filed an application to the regional commission and were granted a p...
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Opinion Plaintiff, an importer of tires from Europe, has appealed from a judgment which denied it recovery of personal property taxes of $28,035.49 paid to defendant county under protest for the fiscal year 1972-1973. On appeal it contended that the goods assessed enjoyed an immunity from taxation under article I, section 10, clause 2 of the United States Constitution, 1 as interpreted in Br...
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*307 Opinion On appeal to this court the judgment in this case was reversed in part and affirmed in part by our decision and opinion filed October 6, 1975. The Supreme Court granted a petition for hearing; transferred the cause to that court; and, thereafter, retransferred the cause to this court for reconsideration in the light of In re Marriage of Brown, 15 Cal.3d 838 [126 Cal.Rptr. 633, ...
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55 Cal. App. 3d 434 (1976) 127 Cal. Rptr. 799 O.G. SANSONE CO. et al., Plaintiffs and Appellants, v. DEPARTMENT OF TRANSPORTATION, Defendant and Respondent. Docket No. 45232. Court of Appeals of California, Second District, Division Three. February 19, 1976. *438 COUNSEL Grant & Popovich and Irvin Grant for Plaintiffs and Appellants. Harry S. Fenton, Kingsley T. Hoegstedt, Orrin F. Finch and ...
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Opinion By information defendant was charged with selling heroin in violation of Health and Safety Code section 11352. He pled not guilty and the cause was set for trial by jury in department 2 before Judge Charles S. Stevens, Jr. Following waiver of his constitutional rights to jury trial, confrontation of witnesses and self-incrimination, the matter was submitted on the preliminaiy hear...
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Opinion The question presented by this appeal is whether an 11-mile portion of the Russian River is a navigable stream and thus open to the public for boating and recreational activities. We conclude that it is. Plaintiffs-appellants are persons with varied interests who have joined in this action to protect their right to free and unobstructed navigation on this part of the river. D...
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55 Cal. App. 3d 737 (1976) 127 Cal. Rptr. 838 KAISER STEEL CORPORATION, Plaintiff and Appellant, v. WESTINGHOUSE ELECTRIC CORPORATION, Defendant and Respondent. Docket No. 43902. Court of Appeals of California, Second District, Division One. February 25, 1976. *739 COUNSEL Kirtland & Packard, Loyd W. Reed and Robert E. Moore, Jr., for Plaintiff and Appellant. Lynberg & Connor, Charles A. ...
Views: 0
55 Cal. App. 3d 937 (1976) 127 Cal. Rptr. 846 WILLIAM H. MEYER et al., Plaintiffs and Appellants, v. HOWARD BENKO et al., Defendants and Respondents. Docket No. 46466. Court of Appeals of California, Second District, Division Five. February 27, 1976. *940 COUNSEL Kasem & Rech and George A. Kasem for Plaintiffs and Appellants. Ingram & Baker, Richard J. Griffiths, Bollen, Suttner & Gek...
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55 Cal. App. 3d 650 (1976) 127 Cal. Rptr. 851 In re EUGENE M., a Person Coming Under the Juvenile Court Law. CLARENCE E. CABELL, as Acting Chief Probation Officer, etc., Plaintiff and Respondent, v. EUGENE M., Defendant and Appellant. Docket No. 27353. Court of Appeals of California, Second District, Division Two. February 24, 1976. *652 COUNSEL Lawrence H. Beylen, under appointment by the Court ...
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55 Cal. App. 3d 553 (1976) 127 Cal. Rptr. 856 SAN LEANDRO POLICE OFFICERS ASSOCIATION et al., Plaintiffs and Appellants, v. CITY OF SAN LEANDRO et al., Defendants and Appellants. Docket No. 35241. Court of Appeals of California, First District, Division Four. February 23, 1976. *555 COUNSEL Carroll, Burdick & McDonough and Christopher D. Burdick for Plaintiffs and Appellants. Glenn A. Forbes,...
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55 Cal. App. 3d 732 (1976) 127 Cal. Rptr. 863 SUNNYVALE PUBLIC SAFETY OFFICERS ASSOCIATION et al., Plaintiffs and Appellants, v. CITY OF SUNNYVALE, Defendant and Respondent. Docket No. 36639. Court of Appeals of California, First District, Division Four. February 25, 1976. *733 COUNSEL Miller, Perrin, Domino & Giacalone, Miller, Perrin, Domino, Giacolone & Ackerman and Ernest L. Miller fo...
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55 Cal. App. 3d 811 (1976) 127 Cal. Rptr. 865 BOARD OF DENTAL EXAMINERS, Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; DAVID HOWARD KORB, Real Party in Interest. Docket No. 15452. Court of Appeals of California, Third District. January 29, 1976. *813 COUNSEL Evelle J. Younger, Attorney General, and Cir Grogan-Beal, Deputy Attorney General, for Petitioner. No appearance for R...
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Opinion This court has been required to reverse or remand an increasing number of matters, not on the merits of appellants’ contentions but due solely to the failure of settled statements on appeal to reflect what transpired before the trial court. Failure to prepare a proper settled statement results in unnecessary expense to the taxpayer and inconvenience to the litigants. In a traffic infractio...
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Opinion Defendant was convicted of violating Vehicle Code section 22348, subdivision (b).1 The subdivision reads, *Supp. 71“Any vehicle subject to the provisions of Section 22406 shall be driven in a lane designated pursuant to Section 21655, or if no such lane has been designated, in the right-hand lane for traffic or as close as practicable to the right edge or curb. When overtaking and passing ...
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Opinion Following a contested jurisdictional hearing, Garth D., a 16-year-old minor, was found to be a person specified in section 602 of Welfare and Institutions Code by virtue of the following offenses: Second degree murder; willfully permitting the unjustifiable suffering of a child; and willfully inflicting cruel and inhuman corporal punishment on a child. He was adjudged a ward of the cour...
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Opinion Judgment was entered dismissing plaintiffs' complaint which alleged a first cause of action for inverse condemnation and a second cause of action for violation of the federal Civil Rights Act; this judgment was subsequently set aside; judgment was thereafter entered dismissing again the second cause of action and abating (by interlocutory judgment) the first cause of action (because of ...
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Opinion In this action to recover taxes paid under protest, plaintiffs Janet and John Favalora (hereafter appellants) appeal from the trial court’s order of dismissal. That order, which is appealable (Code Civ. Proc., § 58Id), was1 entered after the court sustained the general demurrer interposed by the defendants, the County of Humboldt and its tax collector (hereafter the county), and appella...
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Opinion The trial court granted summary judgment to defendants on the ground that plaintiff’s cause was barred because he had failed to file a cross-complaint in a prior action brought by defendants. He appeals from the judgment. *115 The facts are undisputed. On Januaiy 31, 1973, the individual defendants Proulx (not including defendant entity Scrambler Motorcycles) filed an action in the ...
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Opinion Black, a minor, Joel Black, a minor, Lee Roy Black, Jr., a minor, Jeffrey Black, a minor, by Judith Black, their *924 guardian ad litem (collectively Black minors) and Judith Black (an adult) filed an original complaint July 28, 1969, and an amended complaint December 2, 1969, against County of Los Angeles, a political subdivision of the State of California (County), ...
Views: 1

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