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All Reporters → cal-rptr → Volume 147

Opinions in cal-rptr Volume 147

*262 Opinion Plaintiffs United States Overseas Airlines, Inc., Ocean Air Tradeways, Inc., Ocean Air Tradeways, a partnership, Airpower Overhaul, Inc., Canamex Corporation, C & J Aircraft Leasing, a partnership, and the trustees in bankruptcy of some of them, commenced what we shall term the “California action” against the several defendants to whom, for convenience, we shall refe...
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Opinion Procedural Background: Lynn Godfrey was charged by information with violation of Health and Safety Code section 11352, subdivision (a), and one prior felony conviction. 1 The People agreed not to prove the prior conviction, 2 and defendant pleaded guilty to violation of Health and Safety Code section 11352, subdivision (a). 3 At the time for sentencing, the trial court on its ...
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*932 Opinion The principal issues presented by this case are: (1) a man’s right to bring an action for the purpose of obtaining a judicial determination that he is the natural father of a child bom out of wedlock, and (2) the nature and extent of the rights possessed by a natural father of a child bom out of wedlock to require that child to change its surname from that of its nat...
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Opinion Homestead Supplies, Inc. (hereafter plaintiff) commenced this action to obtain a declaration of the correct amount of the annual premium payment due under a policy of life insurance issued to plaintiff by Executive Life Insurance Co., (hereafter defendant) on the life of plaintiff’s president. Trial was to the court without jury. Judgment was for defendant. Plaintiff appeals. ...
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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 41 OPINION Petitioners Kaiser Foundation Hospitals and Southern California Permanente Medical Group (hereinafter Kaiser) seek review of an award made July 28, 1977. They contend the Workers' Compensation Appeals Board (hereinafter Board) erred in holding that ...
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Opinion Petitioner Pacific and Southwest Annual Conference of the United Methodist Church (Conference) seeks a writ of mandate (Code Civ. Proc., § 1085) commanding the respondent superior court to disqualify the Honorable Ross G. Tharp, judge of that court (Code Civ. Proc., § 170, subd. 5), from further hearing of any matter in the underlying action. Alternatively, the Conference requests...
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82 Cal.App.3d 123 (1978) 147 Cal. Rptr. 54 In re D.C.L., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. D.C.L., Defendant and Appellant. Docket No. 43067. Court of Appeals of California, First District, Division Four. June 26, 1978. *124 COUNSEL Thomas V. Roland for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assista...
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Opinion In this case we hold that a defendant who has served one year in jail as a condition of probation and who thereafter violates probation may be sentenced to an additional period of up to one year in *185 jail if he knowingly and intelligently waives the provisions of Penal Code section 2900.5. Facts Convicted of receiving stolen property, defendant was placed on probation on condit...
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Opinion Orders to quash service of process against out-of-state newspapers, who claim a special preference under the First Amendment, are appealed. Analogizing to Gertrude Stein (a rose is a rose is a rose), and agreeing with Chief Justice Burger, concurring in First National Bank of Boston v. Bellotti (1978) 435 U.S. 765, 796-802 [55 L.Ed.2d 707, 730-734, 98 S.Ct. 1407, 1426-1429], that fr...
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Opinion Appellant Surety Insurance Company appeals from an order denying its motion to vacate the forfeiture of an appeal bond and to exonerate the bond. The order is appealable. (People v. Wilcox (1960) 53 Cal.2d 651, 655 [2 Cal.Rptr. 754, 349 P.2d 522].) The undertaking of the corporate surety bond was that Paul Douglas Hammond, who had been convicted of felony violations of the Health an...
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*223 Opinion A jury found defendant guilty of escape without force, and to be true four prior felony convictions (burglary, receiving stolen property, grand theft, escape); and that he was sane at the time of the commission of the offense. He appeals from the judgment. The sole issue is whether the trial court erred in failing to hold a hearing as to defendant’s mental competence, pursuant to...
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Opinion The genesis of this litigation is a real property boundary dispute. The property of plaintiffs, the Allens, was separated from that of defendants, the McMillions, by a chain link fence and foliage growing along it. The fence had been in place when the Allens *214 purchased the property, and they understood it marked the property boundary. The McMillions had their prop...
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Opinion Plaintiff appeals from an adverse summaiy judgment in her suit for insurance policy benefits and damages. On May 2, 1973, plaintiff and her husband ordered a Levitt mobile home from Lloyd Korth of El Kay Mobile Homes in Isleton, California. Korth and the Palmanteers flew to the factory in Southern California and placed the order, specifying certain optional equipment, colors, and fini...
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*280 Opinion Defendant Rae P. Haas appeals from a judgment of the superior court confirming her placement on mandatory sick leave of absence pursuant to section 44942 of the Education Code. 1 Facts Defendant-appellant Haas is a permanent certificated employee of the Pasadena Unified School District (hereinafter referred to as District). Pursuant to section 44942, subdivision (a), the Bo...
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Opinion This action reaches us on an appeal from a judgment of dismissal after a demurrer was sustained without leave to amend. It raises a narrow issue of the right of a landowner denied access to the facilities of a water district to recover in inverse condemnation for the diminution in value of his property caused by lack of water. Determining that resolution of the issue is controlled by S...
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82 Cal.App.3d 295 (1978) 147 Cal. Rptr. 96 In re ROLAND K., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. ROLAND K., Defendant and Appellant. Docket No. 32015. Court of Appeals of California, Second District, Division One. June 29, 1978. *297 COUNSEL George J. Cole, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, A...
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82 Cal.App.3d 328 (1978) 147 Cal. Rptr. 101 THE PEOPLE, Plaintiff and Respondent, v. ANGEL JURADO NEGRETE, Defendant and Appellant. Docket No. 31374. Court of Appeals of California, Second District, Division Three. June 29, 1978. *332 COUNSEL Paul Halvonik, State Public Defender, under appointment by the Court of Appeal, Charles M. Sevilla, Chief Assistant State Public Defender, Jonathan B. Stein...
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Opinion Plaintiff, Hillco, Inc., appeals from a judgment dismissing with prejudice its joint debtor proceeding (Code Civ. Proc., §§ 989-994) against defendant, Leonard Stein,'following the sustaining, without leave to amend, of said defendant’s demurrer to plaintiff’s amended complaint. The sole issue presented is whether a joint debtor proceeding can be prosecuted upon a cause of action ...
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Opinion Harry Goss, plaintiff in this personal injury action, appeals from a summary judgment for the defendant, State of California. 1 The issue is whether the hole into which the plaintiff fell, located on County of Kern property a substantial distance off the right-of-way of a freeway owned by the state, constituted a dangerous condition of state property. The state filed two declaration...
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Opinion Carl L., a minor, appeals from an order of the Superior Court, adjudging him to be a person coming under section 602 of the Welfare and Institutions Code, 1 and placing him in the custody of the probation officer. For the reasons set forth below, we affirm the order. Carl is a minor, 10 years of age at the time herein involved. He was seen throwing matches into a neighbor’s garage. ...
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Opinion This appeal from a judgment of dismissal after a demurrer was sustained without leave to amend tests the scope of the “meet and confer” obligation imposed upon public agencies by the Meyers-Milias-Brown Act. (Gov. Code, § 3500 et seq.) Specifically, we are required to determine whether a charge for employee parking supplied by the agency is included within the definition of “wages, hour...
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Opinion This is an appeal from a judgment in administrative mandamus which orders defendant Grover City to vacate its decision suspending plaintiff Hardy Estes from his position as a police officer for three days, placing him in the status as a probationary employee for six months, and reducing his pay grade by two steps, The city asserts that the trial court employed the improper standa...
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*530 Opinion After a jury trial defendant was found guilty of a violation of section 11351, subdivision (a) of the Health and Safety Code—possession of heroin for the purpose of sale—as charged in the information. Three prior felony convictions, which defendant had admitted, were found to be true. Probation was denied. Defendant appeals. Issues The heroin which formed the basis of defenda...
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Opinion Appellant was charged with and convicted of burglary (Pen. Code, § 459). No allegation was made that appellant actually committed a breaking and entering of a structure with intent to commit a felony or petit larceny. His guilt as a principal rests upon his activity as an aider and abettor (Pen. Code, § 31). At the outset, we note there is no question of the sufficiency of the evidenc...
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Opinion Charles M. Smaltz appeals from an interlocutory judgment of dissolution of marriage which ordered, inter alia, that appellant husband reimburse the marital community for spousal support payments made by him to a former spouse out of community funds. The parties had been married for approximately three years. There were no children of this marriage. 1 At the date of separation, both ...
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21 Cal.3d 527 (1978) 580 P.2d 657 147 Cal. Rptr. 157 Estate of HERBERT N. BANERJEE, Deceased. KENNETH CORY, as State Controller, Petitioner and Appellant, v. BANK OF AMERICA, Objector and Respondent. Docket No. S.F. 23760. Supreme Court of California. June 16, 1978. *529 COUNSEL Myron Siedorf, Edwin Rosenthal and James R. Birnberg for Petitioner and Appellant. Jordan, Walsh, Lawrence, Dawson &...
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Opinion We granted a hearing in this case to resolve a conflict between Court of Appeal opinions in this and an earlier case. After an *530independent study of the issue, we have concluded that the careful and scholarly opinion of Judge Lazarus (assigned) for the Court of Appeal, First Appellate District, in this case correctly treats the issues, and we adopt it as our opinion. That opinion, with...
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Opinion Petitioner seeks review of a decision by the general counsel of the Agricultural Labor Relations Board (board) not to issue unfair labor practice complaints against United Farm Workers of America (UFW), real party in interest. Petitioner filed four unfair labor practice charges against UFW with the board’s regional director. Petitioner alleged that after entering its property, UFW organiz...
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21 Cal.3d 595 (1978) 580 P.2d 672 147 Cal. Rptr. 172 THE PEOPLE, Plaintiff and Respondent, v. ROBERT JIMENEZ, Defendant and Appellant. Docket No. Crim. 20123. Supreme Court of California. June 29, 1978. *599 COUNSEL Paul Halvonik, State Public Defender, Charles M. Sevilla, Chief Assistant State Public Defender, and Kent L. Richland, Deputy State Public Defender, for Defendant and Appellant. Evell...
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Opinion Beryl Gardner Lane appeals from a judgment awarding one-third of Maud Gardner’s estate to Edwin Gardner, who the trial court ruled was a pretermitted heir under Probate Code section 90. The issue is whether the general disinheritance clause in Maud’s will cuts off the rights of Edwin, who was not named. 1 Beryl is Maud’s daughter; Edwin is a grandson; his father (Maud’s son) predeceas...
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Opinion California State University, Hayward (CSUH) has been a member of the National Collegiate Athletic Association (NCAA) for several years. In 1970 and 1971, CSUH permitted two students to represent it in intercollegiate athletic competition. The NCAA took exception and imposed a penalty upon CSUH. Several years and two appeals later, the consequences are still in litigation. CSU...
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81 Cal.App.3d 999 (1978) 147 Cal. Rptr. 195 THE PEOPLE, Plaintiff and Respondent, v. ELEAZAR BARAJAS, Defendant and Appellant. Docket No. 9046. Court of Appeals of California, Third District. June 21, 1978. *1002 COUNSEL Kevin P. Regan, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arn...
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Opinion Statement Of The Case On May 2, 1975, an amended information was filed in the superior court charging appellant with the following crimes: count I, violation of Penal Code section 209, kidnaping for the purpose of robbery where the victim suffered bodily harm, to wit, death; count II, violation of Penal Code section 261, subdivision 2, forcible rape; count III, violation of *7Penal Code s...
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I dissent. Plaintiff has been deprived of his First Amendment right to advertise. There appears to be no dispute that plaintiff is being discriminated against by CVS based solely on his exercise of his First Amendment right. It is not surprising that a “private corporation” whose members are a part of the optometrical profession would seek to discourage advertising by members. Private discriminati...
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I dissent. The majority upholds as constitutional and not a violation of article VI, section 22 of the California Constitution that portion of Government *57Code section 72190 which provides: “At the direction of the judges, commissioners may have the same jurisdiction and exercise the same powers and duties as the judges of the court with respect to any infraction.” I disagree. It is my view that...
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Opinion Allied Fidelity Insurance Company appeals from an order denying its motion to vacate the forfeiture of a bail bond posted to secure the release from custody of Wayne Sallman in criminal proceedings pending against him. The order is appealable. (People v. Wilcox (1960) 53 Cal.2d 651, 655 [2 Cal.Rptr. 754, 349 P.2d 522].) The undertaking of the corporate bail bond was that the defen...
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82 Cal.App.3d 396 (1978) 147 Cal. Rptr. 248 COUNTY OF KERN et al., Petitioner, v. THE SUPERIOR COURT OF KERN COUNTY, Respondent; LORRAINE RICHARD, Real Party in Interest. Docket No. 3995. Court of Appeals of California, Fifth District. June 29, 1978. *398 COUNSEL Borton, Petrini & Conron and George F. Martin for Petitioner. No appearance for Respondent. *399 Sims & Solomon, Gabriel W. Sol...
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*315 Opinion Helen Ball, suing individually and on behalf of all others similarly situated, appeals from a summary judgment entered in favor of the County of Los Angeles (hereafter County) on her complaint alleging that she is entitled to recover interest on property taxes voluntarily refunded to her by the County. The refund was paid by the County upon receipt and verification o...
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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 306 OPINION Plaintiff, estate of Audie Murphy, by its administratrix, Pamela Murphy, appeals from a judgment declaring that defendant Gulf Insurance Company's limit of liability generally, under its insurance policy No. AH 33819, to plaintiff is $100,000. This...
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Opinion In Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 [119 Cal.Rptr. 858, 532 P.2d 1226, 78 A.L.R.3d 393], the California Supreme Court replaced the doctrine of contributory negligence, incorporated in the California statutes since the Field Code, with the principle of “pure” comparative negligence. (13 Cal.3d at pp. 814, 827.) In American Motorcycle Assn. v. ...
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Opinion We must determine whether the Fair Political Practices Commission (FPPC) validly interpreted the California Government Code *436 section 87103 phrase “public generally” so as to continue to allow members of an industry to serve on state decision-making boards affecting their industry. We conclude that the FPPC’s interpretation of “public generally” is consistent with ...
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*547Opinion Defendant Reeder appeals from a judgment convicting him of the sale of heroin. In a four-count information, a codefendant, Contreras, individually was charged in count I with the felony of selling cocaine in violation of Health and Safety Code section 11352, subdivision (a). In count II, Contreras was charged individually with the felony of selling heroin in violation of Health and Saf...
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82 Cal.App.3d 483 (1978) 147 Cal. Rptr. 289 Estate of THEA RUTH HOEGLER, Deceased. HERBERT FINK, Petitioner and Appellant, v. ALICE GRAHAM et al., Objectors and Respondents. Docket No. 41347. Court of Appeals of California, First District, Division Three. July 6, 1978. *485 COUNSEL Caldecott, Peck, Phillips & Stewart and Thomas N. Stewart for Petitioner and Appellant. Boornazian, King & S...
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*576 Opinion Plaintiffs, retired employees of Meletron Corporation (Meletron), and its successor, the Meletron Division of DeLaval Turbine, Inc. (DeLaval), the latter a subsidiary of Transamerica Corporation, brought this action for declaratory relief against defendants, the trustees of the International Association of Machinists Labor-Management Pension Fund (pension fund), for ...
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Opinion In this appeal from a judgment of the trial court denying plaintiffs injunctive and declaratory relief we consider the constitutionality of Government Code section 1029, which prohibits the employment of an ex-felon in any governmental positions classified as peace officers. Government Code section 1029 reads as follows: “(a) Except as provided in subdivision (b), any person who has been c...
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83 Cal.App.3d 549 (1978) 147 Cal. Rptr. 316 THE PEOPLE, Plaintiff and Respondent, v. STANLEY HUFF, Defendant and Appellant. Docket No. 16384. Court of Appeals of California, First District, Division Two. July 10, 1978. *552 COUNSEL Michael P. Thorman, under appointment by the Court of Appeal, and Thorman, Rainie, Etnire & Haptas for Defendant and Appellant. *553 Evelle J. Younger, Attorney Ge...
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Opinion In this action plaintiffs appeal from a judgment of dismissal entered upon an order sustaining defendants’ general demurrers to plaintiffs’ first amended complaint, without leave to amend. *669 This complaint alleged three causes of action. First, a conspiracy was asserted among defendants to deprive plaintiff Andrew Martin Taylor (Taylor) of his federal civil rights...
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Opinion This is an appeal from a judgment granting declaratory relief and money judgment. A dispute arose between appellant and respondent concerning liability for the costs of relocating respondent’s pipelines in two distinct areas. The pipeline relocation became necessary when appellant constructed an undercrossing for Lewis Street under the Atchison-Topeka and Santa Fe Railway right of...
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Opinion In the early morning hours of September 16, 1976, Sarah S. was returning to her San Francisco apartment, having finished her shift as a waitress at Russo’s Restaurant. Near the intersection of Haight and Ashbury, she was set upon by appellant, who, wielding a butcher knife and threatening to kill her, marched her down the street. Pushing her into a nearby alley, appellant robbed Sarah...
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*791 Opinion This is a case of first impression in the State of California. The California Casualty Indemnity Exchange (hereinafter respondent) sued for a declaration that Carol Hoskin (appellant) was not afforded liability coverage or uninsured motorist protection under her automobile insurance policy with respondent with respect to an accident occurring on March 22, 1973. ...
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Opinion Thomas E. McGue appeals from a judgment denying petition for writ of mandamus. If issued, the writ would have directed respondent Director of the Department of Motor Vehicles (hereinafter DMV) to set aside its decision suspending appellant’s driver’s license for a period of six months pursuant to Vehicle Code section 13353. That section creates an implied consent to a chemical test—bloo...
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21 Cal.3d 650 (1978) 580 P.2d 1155 147 Cal. Rptr. 359 PALOS VERDES FACULTY ASSOCIATION et al., Plaintiffs and Respondents, v. PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT et al., Defendants and Appellants. Docket No. L.A. 30823. Supreme Court of California. July 19, 1978. *654 COUNSEL John H. Larson, County Counsel, and Audrey Oliver, Deputy County Counsel, for Defendants and Appellants. Willia...
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Opinion This case concerns the alleged denial of the right of a prisoner to a speedy trial and improper deprivation of his opportunity to exercise the right to a speedy trial. The facts are undisputed. On October 14, 1975, appellant Eugene Delbert Cave allegedly sold one gram of heroin to Modesto undercover agent Thomas Bazan. Officer Bazan testified that he and an informant, Charles Robinson...
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*621 Opinion Petitioner filed a workers’ compensation claim for disability resulting from a cerebrovascular accident suffered while employed as a deputy sheriff by the County of Orange. On the basis of the medical evidence and the presumption in Labor Code section 3212, the workers’ compensation judge found that the injury arose out of and in the course of employment and made an ...
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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 610 OPINION Clifford and Katherine, natural parents of Christopher and Tammy, ages three and one-half years and 18 months, respectively, appeal from the order of the juvenile court declaring them to be dependent children of the court. They contend: (1) the Fou...
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Opinion William R. Herrington and his wife Georgia May Herrington sued in superior court to quiet title to certain real property owned by them and lost at a tax sale for nonpayment of the secured property taxes. The action seeks to invalidate the tax deed of the State of California to William E. Weigel, purchaser at the tax sale. The Herringtons owned an undivided one-half interest i...
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Opinion This case is an appeal by the California Unemployment Insurance Appeals Board from a judgment of the Superior Court of Los Angeles County, granting a petition for writ of mandate requiring appellant to set aside its decision denying unemployment benefits to respondent Addie Tomlin and requiring appellant to grant respondent benefits. The facts are as follows: Until December 2, 1974, respon...
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*277 Opinion Petitioners herein are the Joint Rules Committee of the California Legislature and certain agencies in the executive branch of state government charged with responsibility for the reconstruction and restoration of the State Capitol. Real parties in interest are individuals, nonprofit organizations, and corporations for the most part connected with the construction industry. By th...
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Opinion Larry E. Parish, his wife and daughter, appeal the summary judgment terminating their wrongful death action against Donald W. Lloyd, owner of the land where Lawrence Ray Parish rode and wrecked his motorcycle and died. Lloyd owns unimproved land in the county which is used by motorcyclists for riding. Its topography includes numerous hazardous ravines. Although Lloyd knew of these con...
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Opinion This appeal is from summary judgment against appellant on March 16, 1977, 1 predicated on the ground that appellant’s action for *827 medical negligence (malpractice) against respondent filed April 14, 1975, was barred by the time limitations contained in Code of Civil Procedure section 340.5. The facts are undisputed. Appellant was respondent’s patient from September 11, 1961, ...
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Opinion The question presented by this appeal is whether an employee’s civil action against his employer and fellow employees for *835 intentional infliction of emotional distress is barred by the exclusive remedy provisions of the Workers’ Compensation Act (Lab. Code § 3200 et seq.). We hold that it is not. Plaintiff filed a complaint in the court below alleging that he...
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Opinion This is an appeal from an order entered in a proceeding commenced pursuant to section 946.6 of the Government Code 1 denying the petition of a minor and the minor’s mother for an order relieving each of them from the obligation of filing a claim with a public entity as required by sections 911.2 and 945.4. I On March 12, 1976, plaintiff Dennis Williams (hereafter referred to as th...
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82 Cal.App.3d 885 (1978) 147 Cal. Rptr. 458 Estate of WILLIAM EDWARDS, Deceased. ANNA THERESIA FRANZISKA BENIRSCHKE, Plaintiff, v. THE STATE OF CALIFORNIA, Defendant and Appellant; JOHANNES ROTTER et al., Interveners and Respondents. Docket No. 17131. Court of Appeals of California, Third District. July 18, 1978. *887 COUNSEL Evelle J. Younger, Attorney General, Warren J. Abbott, Assistant Attorn...
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Opinion This petition for a writ of habeas corpus challenges the constitutionality of section 11550 of the Health and Safety Code on various grounds. The petition was initially filed in the Supreme Court which issued an order to show cause returnable before this court. . Petitioner was sentenced to serve one year in county jail following her conviction of violating section 11550, the...
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*600 Opinion The question presented in this case is whether a county board of supervisors can be held responsible for conditions in the county jail which violate the minimal standards set by the California Administrative Code, absent a showing that they have failed to appropriate sufficient funds or otherwise refused to pay the cost thereof. Our answer is in the negative. A petition was fil...
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Opinion In this case we note an irreconcilable difference between two opinions of the Court of Appeal. We follow one and suggest to the loser in this case that he file a petition in the Supreme Court to *978 allow that court to settle the conflict. (Cal. Rules of Court, rule 29(a).) The embarrassing aspect of this case is that in so doing we part company with our brethren in the First Divisio...
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Opinion This case is before us on a motion under Penal Code section 1181, subdivision 9, for an order vacating a judgment, which motion was consolidated with an appeal to this court. The motion is based upon the fact that the official court reporter had lost her notes and was unable to provide a transcript of the arguments to the jury. Defendant Apalatequi raised several issues on appeal, inclu...
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Opinion William Ward seeks a writ of habeas corpus to annul a 15-day sentence for contempt of court (Pen. Code, § 166) imposed for violation of a preliminaiy injunction. Petitioner is a defendant in an action commenced by the City Attorney of Concord to enjoin as a nuisance the exhibition of an allegedly obscene motion picture. He challenges the validity of the preliminary injunction, *984 ...
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Opinion Plaintiff, owner of a married student apartment project, seeks damages because of latent construction defects from the architect who designed the project, the general contractor, and the surety on the contractor’s performance bond. The trial court rendered a summary judgment in favor of the surely based on the 10-year limitation of Code of Civil Procedure section 337.15. We hold, however,...
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Opinion Plaintiff, Donna Pipkin, a permanent deputy sheriff acting as a matron in the Shasta County jail, received notice that she was to be *656 dismissed effective six days later. The factual bases for the dismissal order were that she had given false information in explanation of her absence from work; that she entered an area in the jail carrying keys without another matr...
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82 Cal.App.3d 737 (1978) 147 Cal. Rptr. 510 HOTEL & RESTAURANT EMPLOYEES & BARTENDERS UNION, LONG BEACH & ORANGE COUNTY, LOCAL 681, AFL-CIO, Plaintiff and Appellant, v. ANAHEIM OPERATING, INC., et al., Defendants and Respondents. Docket No. 19353. Court of Appeals of California, Fourth District, Division Two. July 12, 1978. *740 COUNSEL Cantrell & Green, John W. Cairns, Richard J....
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Opinion Petitioner (applicant) seeks review of an order of the Workers’ Compensation Appeals Board (Board) denying reconsideration of a decision by the judge that applicant’s injury did not arise out of and occur in the course of his employment. This court denied applicant’s petition for writ of review without opinion. On applicant’s petition, the California Supreme Court granted hearing and retra...
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Opinion In two unrelated cases the District Attorney of Los Angeles County petitioned this court for a writ of mandate to compel the superior court of that county to vacate orders accepting pleas of guilty in one case and a plea of nolo contendere in the other. Because the cases present a single common, but important issue, we granted the alternative writs and consolidated them. In each case ...
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Opinion The Happy Steak, Inc. (hereinafter referred to as franchisor) and Larry D. and Mary S. Cordonier, husband and wife (hereinafter referred to collectively as Cordonier) appeal from a judgment of dismissal as to defendant Central Shopping Plaza Associates (hereinafter referred to as Plaza) entered by the trial court after the general demurrer of Plaza to plaintiffs’ complaint for dam...
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*41 Opinion Defendant Allstate Insurance Company (Allstate or defendant) was granted summary judgment. Plaintiffs John and Maude Murphy (plaintiffs) appeal. Plaintiffs filed no declarations in opposition to defendant’s motion for summary judgment. However, defendant’s motion was based on a number of declarations, several of which referred to and incorporated other documents,...
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Opinion The appeal at bench concerns the recovery of real property taxes for the 1973-1974 assessment year levied upon a possessory interest *72 in two large cargo cranes owned by respondent City of Oakland (hereafter Port or respondent) and leased to and operated by Seatrain Terminals of California, Inc. (hereafter Seatrain or appellant). The background facts may be summariz...
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83 Cal. App. 3d 96 (1978) 147 Cal. Rptr. 586 In re the Marriage of HELEN F. and WILLIAM R. ROESCH. WILLIAM R. ROESCH, Respondent, v. HELEN F. ROESCH, Appellant. Docket No. 41179. Court of Appeals of California, First District, Division Four. July 24, 1978. *98 COUNSEL Stern, Stotter & O'Brien, Lawrence H. Stotter and Victoria J. De Goff for Appellant. Suren Toomajian, Robert D. McGuiness, The...
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Opinion These three actions consist of a personal injury action and two wrongful death actions, all arising out of the same accident. The three matters were consolidated for the purpose of trial. The principal issues on this appeal arise by reason of comparative fault and partial indemnity guidelines enunciated in the seminal cases of Li v. Yellow Cab Co. (1975) 13 C...
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Opinion This is an appeal from the judgment following appellant’s conviction of voluntary manslaughter under Penal Code section 192, subdivision 1. On March 5, 1977, Melody Howard asked Carnell Brunner, the man she lived with and the victim in this case, to purchase a bag of heroin for her. Brunner asked James L. Webb, appellant herein, to get a bag for him, which appellant did, charging Brunner $...
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Opinion Robert F. Provencher appeals a judgment denying his petition for a peremptory writ of mandate to compel the municipal court to strike a prior drunk driving conviction in his prosecution on a current charge of drunk driving. The superior court reached the merits of Provencher’s petition. We decline that invitation and in so doing, suggest the trial court, as a matter of policy, should ...
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83 Cal. App. 3d 214 (1978) 147 Cal. Rptr. 616 GILLETT-HARRIS-DURANCEAU & ASSOCIATES, INC., Plaintiff and Appellant, v. ROBERT C. KEMPLE et al., Defendants and Respondents. Docket No. 40857. Court of Appeals of California, First District, Division Two. July 27, 1978. *216 COUNSEL Littlejohn & Westfall, Donald W. Littlejohn, Gerald W. Nash and Crump, Bruchler & Crump for Plaintiff and A...
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*713Opinion Here, as in the recent case of Business Title Corp. v. Division of Labor Law Enforcement (1976) 17 Cal.3d 878 [132 Cal.Rptr. 454, 553 P.2d 614], we confront an appeal from a judgment in an action in interpleader brought by an escrow holder who, acting pursuant to an appointment under the provisions of section 24074 of the Business and Professions Code,1 seeks to resolve conflicting cla...
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Opinion Appeal from judgment denying petition for writ of mandate directing, inter alia, the respondent Long Beach Municipal *727Court to allow petitioner, Merco Construction Engineers, Inc., a corporation (Merco), to appear in a civil action through a corporate officer not an attorney.1 Merco relies on Code of Civil Procedure section 90, purporting to authorize such an appearance.2 We conclude t...
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21 Cal.3d 738 (1978) 581 P.2d 644 147 Cal. Rptr. 639 THE PEOPLE, Plaintiff and Respondent, v. SANDRA COREY, Defendant and Appellant. Docket No. Crim. 20258. Supreme Court of California. July 31, 1978. *740 COUNSEL Paul N. Halvonik, State Public Defender, Gary S. Goodpaster, Chief Assistant State Public Defender, David M. Blackman and Stephen Berlin, Deputy State Public Defenders, for Defendant an...
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21 Cal.3d 749 (1978) 581 P.2d 651 147 Cal. Rptr. 646 THE PEOPLE, Plaintiff and Appellant, v. GEROLD JOSEPH PETERS, Defendant and Respondent. Docket No. Crim. 20257. Supreme Court of California. July 31, 1978. *750 COUNSEL John K. Van de Kamp, District Attorney, Harry B. Sondheim and Richard W. Gerry, Deputy District Attorneys, for Plaintiff and Appellant. Michael Rotsten and Quin Denvir, State Pu...
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Opinion Calvin O. Walters, Jr., respondent; commenced this action against Irvine A. Marler and Sharon E. Marler, appellants, for specific performance of an agreement to deed Walters a house and certain real property. Walters also sought damages. Walters amended the complaint to seek restitution based on rescission, reformation, damages for fraud, negligence, breach of fiduciary duty and f...
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Opinion We confront here the single issue of whether Helix Land Company (Helix), owners of land in the Tia Juana River Valley, can state a cause of action in inverse condemnation or nuisance against defendants City of San Diego, its counsel and certain of its officers (City), *937 and/or the State of California, its Secretary of the Resources Agency and Director of State Park...
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Opinion Helen M. McGee sought damages from John Hedger and Cessna Aircraft Company for personal injuries she sustained in the crash of a 1968 model 177 Cardinal Cessna aircraft. The aircraft was manufactured by Cessna and owned by Hedger. McGee settled her claim, dismissed her complaint, as to defendant Hedger before commencement of the trial. As to the remaining defendant Cessna, McGee asserte...
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Opinion The People appeal from an order of the Superior Court setting aside pursuant to Penal Code section 995 the amended information charging defendant with forgery. (Pen. Code, § 470.) Facts—Preliminary Hearing Brian Harvey was president of Alflex Corporation in Gardena, a manufacturer of electrical wire, cable, conduit and aluminum coil sheet. In late October or early November 1974, Har...
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83 Cal. App. 3d 143 (1978) 147 Cal. Rptr. 710 In re the Marriage of BEVERLY MAE and MARSTON BARNES, JR. BEVERLY MAE BARNES, Appellant, v. ELEANOR BARNES, Respondent. Docket No. 41908. Court of Appeals of California, First District, Division Four. July 26, 1978. *145 COUNSEL Harland & Gromala and David C. Moore for Appellant. Sapper, Stone & Hanson and Sam L. Stone for Respondent. OPINION ...
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Opinion Attorney John A. Altschul appeals from the summary judgment granted in an action brought by Altschul against Attorney Hill Sayble wherein appellant sought to recover money allegedly owed by respondent pursuant to said attorneys’ fee-splitting/referral fee agreement. The trial court held that the contract was against public policy and unenforceable. Facts: On March 24, 19...
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83 Cal.App.3d 167 (1978) 147 Cal. Rptr. 723 Estate of BERNARD J. WITLIN, Deceased. ELSIE E. WITLIN, as Executrix, etc., Plaintiff and Appellant, v. RIO HONDO ASSOCIATES et al., Defendants and Appellants. Docket No. 51881. Court of Appeals of California, Second District, Division Three. July 26, 1978. *170 COUNSEL Hillel Chodos for Plaintiff and Appellant. Ervin, Cohen & Jessup, Allan Browne, ...
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Opinion Defendants, Rio Hondo Associates, an approximately 45-member partnership composed largely of doctors, which owns a successful hospital in Downey, California, and generally those doctors, appeal from a judgment against them entered upon a jury verdict of compensatory damages in the principal sum of $208,869.14 and from an order denying their motion for judgment notwithstanding the verdict....
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Opinion We deem this appeal to be from an order of dismissal entered following the sustaining of a demurrer without leave to amend as to defendants the Salvation Army and Eagle Star Insurance Company. The appeal lies. (Code Civ. Proc., §§ 581d, 904.1, subd. (a).) Facts The facts are not in dispute. Michael James O’Sullivan alleges to have suffered personal injuries while riding as a passe...
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Opinion Plaintiff, Chester N. McNeil, appeals, following trial to the court, from a judgment for defendants, Yellow Cab Company of Lancaster and Palmdale and Arthur Calvin Scharf, in his action against them for damages for personal injuries. The appeal lies. (Code Civ. Proc., § 904.1, subd. (a).) *118 At the conclusion of the first phase of a bifurcated trial (the liability phase, see Code ...
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Opinion Plaintiffs, John K. Orme and Edith B. Orme, appeal from that portion of an inverse condemnation judgment which awarded them approximately $67,700 damages and denied interest on the entire award from the date the first damage occurred, and from the order granting the motion of the state, taxing engineering costs and attorney fees. Statement of Facts The plaintiffs appeal only from post tri...
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I reluctantly concur. While I do not agree with all the alleged deficiencies in the trial court procedures relating to the appointment and relief of counsel and the ultimate decision to permit defendant to represent himself, it does seem to me that the trial court erred somewhere along the line. If I had to put my finger on the turning point, it came on October 22, 1976, when defendant announced, ...
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Opinion Plaintiffs Tzevair Meraia and Vasil Thingili have appealed from the dismissal of their action to recover $15,000 damages against Fairy A. McCann and James R. Murphy for conspiracy to induce a breach of contract and interference with contract. 1 Dismissals were *241 ordered pursuant to Code of Civil Procedure section 583, subdivision (a), for want of diligen...
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*250 Opinion This is an appeal by defendants Anthony Dardarian and The Tub, Inc., a corporation, from the judgment of the superior court in an unlawful detainer action holding them liable for unpaid rental due under a lease of real property. Plaintiffs Roy T. Meredith and Mary L. Carmack, as trustees of the estate of Madison W. Meredith, leased the premises to defendants by writt...
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83 Cal.App.3d 257 (1978) 147 Cal. Rptr. 766 JAMES FORBES, Plaintiff and Appellant, v. CAMERON PETROLEUMS, INC., et al., Defendants and Respondents. Docket No. 52503. Court of Appeals of California, Second District, Division Three. July 27, 1978. *259 COUNSEL John E. Crooks and Philip R. Linsley for Plaintiff and Appellant. Thomas R. Ulmer for Defendants and Respondents. OPINION POTTER, J. Plainti...
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Opinion This is a habeas corpus proceeding in which petitioner John S. seeks to test the validity of a juvenile court order which requires him, as a condition of probation, to spend between five and ten days custodial time in juvenile hall. *288 On March 29, 1978, a petition was filed alleging that John S. was a person within the provisions of section 602 of the Welfare and ...
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83 Cal.App.3d 224 (1978) 147 Cal. Rptr. 777 Guardianship of the Person and Estate of ROBERT JACOB SLAKMON, a Minor. EUGENIA M. SLAKMON, as Guardian, etc., Petitioner and Respondent, v. RICARDO A. CALLEJO, Objector and Appellant. Conservatorship of the Person and Estate of ROBERT JACOB SLAKMON, a Minor. EUGENIA M. SLAKMON, as Conservator, etc., Petitioner and Respondent, v. RICARDO A. CALLEJO, Obj...
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Opinion This is an appeal from a judgment of the Alameda County Superior Court denying a petition for a writ of mandamus, or, in the alternative, prohibition. Appellants are four state employee organizations and a number of individual Department of Transportation employees. The lawsuit arose under the following circumstances. In August of 1975 the department, faced with certain revenue cutbac...
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83 Cal. App. 3d 356 (1978) 147 Cal. Rptr. 795 LISA UVA, a Minor, etc., et al., Plaintiffs and Respondents, v. JEFFREY EVANS, Defendant and Appellant. Docket No. 51735. Court of Appeals of California, Second District, Division Five. July 28, 1978. *359 COUNSEL Ives, Kirwan & Dibble, John Brevidoro and Peter M. Fonda for Defendant and Appellant. Louis M. Niven for Plaintiffs and Respondents. OP...
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83 Cal. App. 3d 346 (1978) 147 Cal. Rptr. 801 ROSS GENERAL HOSPITAL, INC., Plaintiff and Respondent, v. JEROME A. LACKNER, as Director, etc., et al., Defendants and Appellants. Docket No. 51687. Court of Appeals of California, Second District, Division One. July 28, 1978. *349 COUNSEL Evelle J. Younger, Attorney General, N. Eugene Hill, Chief Assistant Attorney General, John J. Klee, Jr., Assista...
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83 Cal. App. 3d 393 (1978) 147 Cal. Rptr. 812 In re CINDY E., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. CINDY E., Defendant and Appellant. Docket No. 19526. Court of Appeals of California, Fourth District, Division Two. July 31, 1978. *397 COUNSEL Richard A. Daily for Defendant and Appellant. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief ...
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Opinion The husband appeals from portions of a judgment dividing community property and awarding attorney fees to the wife. We affirm. *390On November 12, 1975, the trial court entered an interlocutory decree of dissolution, reserving jurisdiction over child and spousal support, attorney fees and division of community property. On March 16, 1976, a final decree of dissolution was entered. On Febru...
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83 Cal. App. 3d 476 (1978) 147 Cal. Rptr. 823 THE PEOPLE, Plaintiff and Respondent, v. DAVID FRANK MAYNARICH, Defendant and Appellant. Docket No. 31052. Court of Appeals of California, Second District, Division Five. July 31, 1978. *478 COUNSEL Paul Halvonik and Quin Denvir, State Public Defenders, under appointment by the Court of Appeal, Charles M. Sevilla, Chief Assistant State Public Defender...
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Opinion This petition for writ of mandate involves the right under federal maritime law of a person sued for negligently inflicted personal injury to recover indemnity from the employer of the injured person, where the employer has fully satisfied the obligation imposed upon it by the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA). Specifically, the petition raises the issue ...
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Opinion Evelle J. Younger, Attorney General of the State of California, petitions this court for an extraordinary writ of mandate to compel respondent court to set aside its ex parte order of May 5, 1978, which restrains petitioner or his representatives from appearing at real party in interest’s extended term hearing or at any other extended term hearing conducted by the Community Release Board p...
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Opinion Brotherhood of Teamsters and Auto Truck Drivers Local 70 of Alameda County appeals from a judgment 1 vacating an award of a labor arbitrator. Claudell Roberts, who was employed by respondent Safeway Stores, Inc., as a driver, failed to complete certain work assigned to him. Safeway suspended Roberts pending an investigation, and appellant union immediately asserted...
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Opinion Petitioners, Laurel Hills Homeowners Association, Briarcliff Improvement Association, Susan Tyler, and Marvin E. Jacobs, appeal from a judgment denying their petition for a writ of mandate that would have required respondents, the City Council of Los Angeles, the city planning commission and the city advisory agency, to vacate their approvals of a subdivision (tentative tract 2903...
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Opinion The People’s chief witness (a plainclothes vice officer) testified that defendant, in a remote area of Griffith Park without *Supp. 3provocation, reached out toward the vice officer, and touched the officer’s clothing which covered the officer’s genital area and that such touching was “offensive.” Defendant was arrested for violating Penal Code section 647a, was later charged with batteiy ...
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83 Cal.App.3d 335 (1978) 147 Cal. Rptr. 856 THE PEOPLE, Petitioner, v. THE SUPERIOR COURTS OF GLENN COUNTY, Respondent; BRUCE LEE CROOK, Real Party in Interest. Docket No. 17164. Court of Appeals of California, Third District. July 11, 1978. *337 COUNSEL Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Paul H. D...
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83 Cal.App.3d 296 (1978) 147 Cal. Rptr. 861 Estate of IRVIN H. LYNCH, Deceased. BRUCE A. ALTMAN, as Public Administrator, etc., Petitioner and Appellant, v. GORDON L. COX et al., Objectors and Respondents. Docket No. 52497. Court of Appeals of California, Second District, Division Five. July 27, 1978. *298 COUNSEL John H. Larson, County Counsel, and Gordon W. Treharne, Deputy County Counsel, for ...
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Opinion This appeal is by the Los Angeles County Public Administrator (Public Administrator) from a ruling approving assignments of portions of interests in the estate possessed by various heirs.1 *299The facts are that the estate came into existence on September 27, 1973, upon the death of testator. The Public Administrator was duly appointed and qualified as administrator on November 23, 1973....
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Opinion Defendants First Kensington Corporation (hereinafter Kensington) and Barry S. Marlin (hereinafter Marlin) appeal from the judgment of the superior court awarding plaintiff Jack M. DeCamp compensatory and punitive damages totaling $72,525 on plaintiff’s complaint for money had and received and fraud. The cause was heard as an uncontested matter after the default of defendants was t...
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83 Cal. App. 3d 454 (1978) 147 Cal. Rptr. 879 NEW HAMPSHIRE INSURANCE COMPANY, Plaintiff and Appellant, v. FRED SAUER et al., Defendants and Appellants. Docket No. 50298. Court of Appeals of California, Second District, Division Five. July 31, 1978. *456 COUNSEL Bogert, Ehrmann & Halpern and David C. Bogert for Plaintiff and Appellant. Jones & Wilson and James T. Hudson for Defendants and...
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83 Cal. App. 3d 463 (1978) 147 Cal. Rptr. 884 LAWRENCE KELLAM et al., Plaintiffs and Respondents, v. MARCH FONG EU, as Secretary of State, etc., Defendant and Appellant. Docket No. 52688. Court of Appeals of California, Second District, Division Five. July 31, 1978. *465 COUNSEL Evelle J. Younger, Attorney General, Iver E. Skjeie, Assistant Attorney General, and Henry G. Ullerich, Deputy Attorney...
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*472 Opinion This appeal challenges the constitutionality of Elections Code section 7203, 1 on equal protection and due process grounds. To pinpoint the problem: the section, by its wording, prevents an independent candidate in a special election from participating in a runoff election when no candidate receives a majority vote in the primary election. The underlying facts to this appeal ...
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83 Cal.App.3d 492 (1978) 147 Cal. Rptr. 898 ROSEMARY RUTH BARTELL et al., Plaintiffs and Appellants, v. PALOS VERDES PENINSULA SCHOOL DISTRICT, Defendant and Respondent. Docket No. 52157. Court of Appeals of California, Second District, Division Two. August 2, 1978. *495 COUNSEL Morgan, Wenzel & McNicholas and Darryl L. Dmytriw for Plaintiffs and Appellants. McKay, Byrne & Udkovich and Mi...
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Opinion Plaintiffs sued for damages for wrongful death of their son. The general demurrer of defendant Palos Verdes Unified School District (school district) to the fourth amended complaint was *496sustained without leave to amend, and plaintiffs appeal the judgment of dismissal. We review the trial court decision under the general rule that accepts all factual allegations as true in determining w...
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Opinion Voters within the area embraced by the Belmont County Water District (hereafter District) caused to be presented to the *487San Mateo County Board of Supervisors a petition, under the District Reorganization Act of 1965 (Gov. Code, § 56000 et seq.; hereafter the Act), requesting that proceedings be initiated for the establishment of the District as a subsidiary district of the City of Belm...
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Opinion A jury returned a $77,000 verdict in favor óf plaintiff John L. Hubbard after trial of Hubbard’s complaint for damages for medical malpractice against defendant Travis H. Calvin, Jr., M.D. Calvin appeals the judgment entered on the verdict after the trial court denied his motions for mistrial and for new trial. The action arose out of Calvin’s June 1972 decision to perform, and his te...
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83 Cal. App. 3d 582 (1978) 147 Cal. Rptr. 915 BARBARA C. COOKE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; JACK KENT COOKE, Real Party in Interest. JACK KENT COOKE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; BARBARA C. COOKE et al., Real Parties in Interest. Docket Nos. 53345, 53246. Court of Appeals of California, Second District, Division Four...
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83 Cal.App.3d 609 (1978) 147 Cal. Rptr. 921 THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF PLUMAS COUNTY, Respondent; SAMUEL R. QUINN, JR., et al., Real Parties in Interest. Docket No. 17718. Court of Appeals of California, Third District. August 7, 1978. *611 COUNSEL Evelle J. Younger, Attorney General, Garrick W. Chock and Edmund D. McMurray, Deputy Attorneys General, for Petitioner. No appea...
Views: 7

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