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All Reporters → cal-rptr → Volume 148
Opinions in cal-rptr Volume 148
Opinion
This case presents two issues: Whether defendant trustees improperly denied plaintiff reappointment to his post as lecturer at a state university; and, if so, the nature of the remedy which will compensate plaintiff for his wrongful termination. The trial court found, inter alia, that in refusing to reappoint plaintiff, the trustees denied plaintiff the benefit of university rules...
Views: 11
Opinion Retiring after 26 years of military service, husband received a “disability” pension of 75 percent of his basic pay in lieu of a “retirement” pension at 65 percent of basic pay.1 Although a military “retirement” pension is a community asset (In re Marriage of Fithian (1974) 10 Cal.3d 592, 604 [111 Cal.Rptr. 369, 517 P.2d 449]), husband claims that his entire “disability” pension is his sep...
Views: 4
Opinion
Security Pacific National Bank appeals a judgment for damages in favor of respondents, heirs of the estate of Florence McNaghten. This court must decide whether a bank’s failure to require the signatures of both of an estate’s co-executors for withdrawals from an estate account was sufficient to hold the bank liable for misappropriations from that account by one of the executors.
...
Views: 7
Opinion
Petitioner Jackie Lee Wilson, presently incarcerated in the Los Angeles County jail, is representing himself in a pending criminal proceeding wherein he is charged with attempted escape and battery on a peace officer. By this petition for writ of mandate, he seeks to compel respondent Los Angeles County Superior Court to vacate its orders of October 11, 1977; November 7, 1977; and...
Views: 0
*832Opinion
In this petition for writ of mandate plaintiff seeks to discover a report prepared by an expert employed by counsel for one of the defendants in the underlying personal injury suit. Defendant had originally intended to call the expert as a witness at trial, and hence, under the relevant statute and case law, the expert’s report would normally have been discoverable by plaintiff. In re...
Views: 0
Opinion
Defendant was an inmate at Chino on April 11, 1977. Early that morning Russell Bates, a correctional officer on duty in the Cedar Hall housing facility at Chino awakened inmate Weiner to facilitate Weiner’s getting to some sort of early duty. Weiner was assigned to bunk No. 4027; defendant was assigned to bunk No. 4030 which was three bunks away from Weiner’s on the same side of “...
Views: 2
Opinion J.—Respondent Roy Gene Thomas was charged by information with violating Penal Code sections 136, 137. 1 His motion to set aside the information (Pen. Code, § 995) was granted and the People appeal. *513 The People introduced the following evidence at the preliminary hearing: Respondent's mother, Louise Thomas, was on trial in Department 23 of the Los Angeles Superior Court, in con...
Views: 5
83 Cal.App.3d 413 (1978)
148 Cal. Rptr. 54
KAISER FOUNDATION HOSPITALS, PERMANENTE MEDICAL GROUP, Petitioner,
v.
WORKERS' COMPENSATION APPEALS BOARD, CALIFORNIA SCHOOL FOR THE DEAF et al., Respondents.
Docket No. 40941.
Court of Appeals of California, First District, Division Four.
August 1, 1978.
*414 COUNSEL
Airola & Ringgold and Lowell A. Airola for Petitioner.
Thelen, Marrin, Johnson &...
Views: 5
83 Cal.App.3d 593 (1978)
148 Cal. Rptr. 57
CONTINENTAL INSURANCE COMPANY, Plaintiff, Cross-defendant and Appellant,
v.
MORGAN, OLMSTEAD, KENNEDY & GARDNER, INC., Defendant, Cross-complainant and Respondent; INSURANCE COMPANY OF NORTH AMERICA et al., Cross-defendants and Appellants.
Docket Nos. 50536, 50735.
Court of Appeals of California, Second District, Division One.
August 7, 1978.
*596 CO...
Views: 0
*597Opinion
Continental Insurance Company (Continental), as subrogee of Manufacturers Hanover Trust Company (Manufacturers), sued Morgan, Olmstead, Kennedy & Gardner, Inc. (Morgan), a broker which had acted as principal or agent in purchasing United States treasury bills which had been stolen from Manufacturers. The complaint asserts several theories of liability. It claims that Morgan failed to ...
Views: 3
Opinion Arlen Henry Walker and Andre Enos Walker appeal the judgments after a jury found each of them had committed four robberies (Pen. Code, § 211); each was found to have been armed with a firearm during two of the robberies. Arlen received two consecutive sentences; Andre, concurrent sentences. Andre and an associate robbed four different 7-11 stores on four different occasions. Arlen dro...
Views: 6
83 Cal. App. 3d 651 (1978)
148 Cal. Rptr. 68
JOY GIBSON, as Administrator, etc., Plaintiff and Appellant,
v.
CITY OF PASADENA, Defendant and Respondent.
Docket No. 51994.
Court of Appeals of California, Second District, Division Four.
August 9, 1978.
*653 COUNSEL
Fox, Gibson & Moseley, Fox & Gibson and James L. Gibson for Plaintiff and Appellant.
Evelynn M. Finn, City Attorney, Hahn &...
Views: 7
Opinion The City of El Cajon (El Cajon) sought a writ of mandate to compel Gerald J. Lonergan, San Diego County Auditor (Auditor), to comply with instructions given him by the Comprehensive Planning Organization of the San Diego Region (CPO) to disburse $1,165,000 to El Cajon from the Local Transportation Fund (LTF) held on deposit in the San Diego County treasury. El Cajon and CPO contend the dis...
Views: 1
Opinion
This is an appeal from the granting of summary judgment in favor of the plaintiff in a declaratory relief action. The action sought a declaration that the plaintiff was covered by insurance for a fire occurring after termination of the policy where the boiler installation work allegedly causing the fire occurred during the policy period. The learned trial judge, Honorable W. G. Wa...
Views: 9
Opinion
Plaintiff filed an action for damages under the federal Civil Rights Act (42 U.S.C. § 1983
1
) against named and unnamed Riverside County sheriff’s deputies and agents of the Franchise Tax Board for alleged deprivation of property without due process of law. The demurrer of the sheriff’s deputies on the ground that the complaint failed to state facts sufficient to const...
Views: 0
83 Cal. App. 3d 718 (1978)
148 Cal. Rptr. 90
THE PEOPLE, Plaintiff and Respondent,
v.
ANDREW GARZA PEREZ, Defendant and Appellant.
Docket No. 31095.
Court of Appeals of California, Second District, Division Four.
August 10, 1978.
*721 COUNSEL
Richard H. Levin, under appointment by the Court of Appeal, for Defendant and Appellant.
Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assista...
Views: 6
Opinion
This is an appeal in a class action suit from a superior court judgment dismissing the unnamed class members.
The action was commenced by plaintiffs and appellants Harry and Melanie Altman on behalf of 458 homeowners and trustors under certain deeds of trust. Defendants are Manhattan Savings Bank (Manhattan), respondent, the beneficiary under the deeds of trust, and Bradley M...
Views: 0
83 Cal. App. 3d 747 (1978)
148 Cal. Rptr. 106
SOUTHERN CALIFORNIA EDISON COMPANY et al., Plaintiffs and Appellants,
v.
HARBOR INSURANCE COMPANY et al., Defendants and Respondents.
Docket No. 50771.
Court of Appeals of California, Second District, Division Five.
August 11, 1978.
*749 COUNSEL
Tucker & Coddington, William G. Tucker, F. Leonard Sisk, Patrick L. Johnston and Richard A. Vachon for ...
Views: 2
83 Cal. App. 3d 795 (1978)
148 Cal. Rptr. 114
CITY OF SACRAMENTO et al., Plaintiffs and Respondents,
v.
THE MUNICIPAL COURT FOR THE SACRAMENTO JUDICIAL DISTRICT OF SACRAMENTO COUNTY, Defendant and Respondent; ALEXANDRA POPE, Real Party in Interest and Appellant.
Docket No. 17035.
Court of Appeals of California, Third District.
August 14, 1978.
*796 COUNSEL
Paul N. Halvonik and Quin Denvir, State ...
Views: 5
Opinion
American National Bank & Trust Company of Eau Claire, Wisconsin^ appeals from an order awarding to respondent James F. Schigur, indemnification of costs and counsel fees in the amount of $5,291.16.
Appellant brought an action against defendants, who are not parties to this appeal, to foreclose deeds of trust securing promissory notes and to obtain deficiency judgments against...
Views: 1
83 Cal.App.3d 771 (1978)
148 Cal. Rptr. 118
In re the Marriage of VERNA C. and NELSON W. BORGES.
NELSON W. BORGES, Respondent,
v.
JACQUELINE ROBINSON, as Special Administratrix, etc., Appellant.
Docket No. 41464.
Court of Appeals of California, First District, Division Four.
August 14, 1978.
*773 COUNSEL
Boornazian, King & Schultze and James L. McIntosh for Appellant.
Goth, Dennis & Aaron...
Views: 3
Opinion Jacqueline Robinson, special administratrix of the estate of Verna C. Borges, deceased, appeals1 from an order denying modification of an interlocutory judgment of marital dissolution. The marriage of Nelson W. Borges and Verna C. Borges was terminated on January 3, 1975, by an interlocutory judgment which awarded to Verna $250 per month alimony. Integrated into the judgment was a marital ...
Views: 1
Opinion Following trial by jury George H. Richardson was convicted of one count of conspiracy to commit grand theft and forgery (Pen. Code, § 182, subd. 1; count l), 1 four counts of forgery (Pen. Code, § 470; counts 2, 3, 4 and 5); four counts of attempted grand theft (Pen. Code, §§ 664/487, subd. 1; counts 6, 7, 8 and 9); and one count of attempted receiving stolen property (Pen. Code, §§ 6...
Views: 4
83 Cal. App. 3d 819 (1978)
148 Cal. Rptr. 129
CRESTWOOD LUMBER COMPANY, Plaintiff and Appellant,
v.
CITIZENS SAVINGS AND LOAN ASSOCIATION, Defendant and Respondent.
Docket No. 41150.
Court of Appeals of California, First District, Division Four.
August 15, 1978.
*822 COUNSEL
Basye, Prior & Kavanaugh and Charles A. Pinkham, Jr., for Plaintiff and Appellant.
James L. McIntosh for Defendant and ...
Views: 0
83 Cal.App.3d 801 (1978)
148 Cal. Rptr. 134
MARTIN T. COBURN, Plaintiff and Appellant,
v.
STATE PERSONNEL BOARD, Defendant and Respondent.
Docket No. 41964.
Court of Appeals of California, First District, Division One.
August 15, 1978.
*803 COUNSEL
Steinhart, Goldberg, Feigenbaum & Ladar and John W. Hanley, Jr., for Plaintiff and Appellant.
Evelle J. Younger, Attorney General, and Matthew P. ...
Views: 1
Opinion On June 18, 1973, appellant filed its action against respondent for declaratory and injunctive relief, wherein it sought to enjoin enforcement of portions of sections 2248.1-2248.25 of title 10 of the California Administrative Code and particularly section 2248.14(c) there*874of, insofar as they purport to regulate compensation which may be paid to general agents of insurers in the credit ...
Views: 0
*979 Opinion Appellant has appealed from the order of the juvenile court of October 27, 1977, committing him to the California Youth Authority. Appellant’s sole contention on appeal is that the failure of the Santa Barbara Superior Court to provide a court reporter at the adjudication proceedings held on petitions filed June 10, 1975, May 7, 1976, September 16, 1977, and October 11, 1977, c...
Views: 4
Page 148
21 Cal.3d 841 (1978)
582 P.2d 604
148 Cal. Rptr. 148
GERTRUDE COOPER, Plaintiff and Appellant,
v.
CLAUDE LEWIS BRAY et al., Defendants and Appellants; RUTH TASHMA, Defendant and Respondent.
Docket No. L.A. 30865.
Supreme Court of California.
August 16, 1978.
*843 COUNSEL
Green, Royce & Seaman, Irving Green and Leonard Sacks for Plaintiff and Appellant.
Buck, Molony, Nimmo & Ammirato, Buck...
Views: 18
*862 Opinion Petitioner, who served as Treasurer of the State of California from 1959 to 1967, seeks a writ of mandate directing respondent Board of Administration (Board) of the Public Employees’ Retirement System to compute his retirement benefit on the basis of the salary payable to the present Treasurer, rather than on the basis of the highest salary received by petitioner during his te...
Views: 9
Page 165
83 Cal. App. 3d 993 (1978)
148 Cal. Rptr. 165
THE PEOPLE, Plaintiff and Respondent,
v.
ANTHONY RICHARD MUNOZ, Defendant and Appellant.
Docket No. 8681.
Court of Appeals of California, Fourth District, Division One.
April 13, 1978.
*994 COUNSEL
Appellate Defenders, Inc., under appointment by the Court of Appeal, and Barry D. Utsinger for Defendant and Appellant.
Evelle J. Younger, Attorney General...
Views: 11
84 Cal. App. 3d 43 (1978)
148 Cal. Rptr. 167
LEWIS G. TUCKER, Petitioner,
v.
THE SUPERIOR COURT OF FRESNO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.
Docket No. 4015.
Court of Appeals of California, Fifth District.
July 21, 1978.
*45 COUNSEL
Melvin W. Nitz, Public Defender, and Barbara S. James, Deputy Public Defender, for Petitioner.
No appearance for Respondent.
Evelle J. Younger, A...
Views: 4
Page 170
83 Cal. App. 3d 563 (1978)
148 Cal. Rptr. 170
THE PEOPLE, Plaintiff and Respondent,
v.
EMERY SOWELLS RIDDLE, Defendant and Appellant.
Docket No. 31738.
Court of Appeals of California, Second District, Division Two.
August 4, 1978.
*566 COUNSEL
Paul Arthur Turner, under appointment by the Court of Appeal, for Defendant and Appellant.
Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assi...
Views: 30
Opinion Appellant sought declaratory relief for unpaid salary under the terms of her written contract of employment as a probationary certificated employee with respondent Board of Trustees, Roseland School District (hereafter Board) for the period of time she had been suspended and placed on compulsory leave of absence pending resolution of charges against her, one of which ultimately resulted...
Views: 5
*711
Opinion
Appellants, owners of a large tract of property in Marin County, appeal from a judgment in condemnation after the jury determined the value of their property to be $600,000. Respondent sought to condemn the property in connection with the construction of a ferry terminal in Larkspur.
The subject property consists of between 589 and 600 acres in the Town of Corte...
Views: 0
83 Cal.App.3d 690 (1978)
148 Cal. Rptr. 203
DOROTHY CARMEN PARRA, Plaintiff and Respondent,
v.
THE MUNICIPAL COURT FOR THE SAN LEANDROHAYWARD JUDICIAL DISTRICT OF ALAMEDA COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Appellant.
Docket No. 41724.
Court of Appeals of California, First District, Division One.
August 10, 1978.
*692 COUNSEL
Evelle J. Younger, Attorney Genera...
Views: 7
83 Cal. App. 3d 780 (1978)
148 Cal. Rptr. 207
[*]LENORE ELIZABETH BARTMAN, a Minor, etc., Plaintiff and Appellant,
v.
ESTATE OF RICHARD EDWARD BARTMAN, Deceased, Defendant and Respondent.
Docket No. 43083.
Court of Appeals of California, First District, Division Four.
August 14, 1978.
*782 COUNSEL
Paul C. Jess for Plaintiff and Appellant.
Bennett, Van de Poel, Campbell & Strickland, Thomas A...
Views: 2
83 Cal.App.3d 814 (1978)
148 Cal. Rptr. 213
GENE KAY, Plaintiff and Appellant,
v.
PACIFIC TELEPHONE AND TELEGRAPH COMPANY et al., Defendants and Respondents. GENE KAY, Plaintiff and Respondent,
v.
PACIFIC TELEPHONE AND TELEGRAPH COMPANY et al., Defendants and Appellants.
Docket Nos. 38662, 41878.
Court of Appeals of California, First District, Division Four.
August 15, 1978.
*815 COUNSEL
Exelrod ...
Views: 0
Page 215
Opinion
Plaintiffs and Appellants Hariy D. Eden and Nina S. Eden appeal from two judgments of dismissal entered following motions for summary judgment by defendant Maro Corporation, dba Western Laboratories (Maro) and Max Van Tine, individually, and doing business as Van Tine Construction Co. (Van Tine). Each of said motions was granted upon the ground that the Edens’ causes of action aga...
Views: 3
Opinion
In this proceeding by the Butte County Department of Social Welfare to have six minor children declared free from parental custody and control pursuant to Civil Code section 232, subdivisions (a)(2) and (a)(7), the trial court granted the petitions (which have been consolidated for trial) and appointed the Children’s Home Society of California as being guardian under the provisions of sec...
Views: 0
Opinion The State Personnel Board appeals from an order of the superior court ordering the issuance of a peremptory writ of mandate. The writ directs the board to set aside and reconsider its decision refusing to order reinstatement of Jeanne Sheehy, an employee in the State Treasurer’s office. Sheehy appeals from that portion of the order of the superior court denying her request for payment of b...
Views: 6
*87Opinion
With a perversity born of adversity, 49er Chevrolet (49er), an automobile dealer, has tried over the past four years to avoid a decision of this case on its merits. (See 49er Chevrolet v. Office of Administrative Procedure (Apr. 1, 1977) 3 Civ. 15927 [unpub. opn.].) Even in this appeal in which the merits are finally before us, 49er manages to conceal its most potent arguments in a bli...
Views: 1
83 Cal.App.3d 918 (1978)
148 Cal. Rptr. 242
JOHN H. TIEDEMANN, Petitioner,
v.
THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; RICHARD S. NAIR, Real Party in Interest.
Docket No. 42924.
Court of Appeals of California, First District, Division One.
August 17, 1978.
*921 COUNSEL
Boornazian, King & Schulze, James L. McIntosh and Barbara Rosenfeld Davis for Petitioner.
No appearance for Responde...
Views: 5
Opinion
In this proceeding we consider the question whether an informer’s communication to an enforcement agency of the United States Treasury Department concerning a possible perpetration of a tax fraud falls within the scope of absolute privilege under the provisions of section 47, subdivision 2, of the Civil Code.1 We conclude *922for the reasons which we discuss that the statutory privilege a...
Views: 0
Opinion Defendant-appellant Louis Paul Solomos (hereafter appellant) appeals from a judgment of conviction following a jury verdict finding him guilty of violating Penal Code section 484 (grand theft auto). Issues involve the validity of appellant’s waiver of counsel, the propriety of certain jury instructions, the failure of the court to advise appellant of his constitutional privilege not to ...
Views: 5
83 Cal. App. 3d 928 (1978)
148 Cal. Rptr. 255
DAISY ENIS, a Minor, etc., Plaintiff and Appellant,
v.
SPECIALTY AUTO SALES et al., Defendants and Respondents.
Docket No. 40569.
Court of Appeals of California, First District, Division Two.
August 17, 1978.
*931 COUNSEL
John H. Peterson and Robert A. Seligson for Plaintiff and Appellant.
O'Connor, Cohn, Dillon & Barr and James L. English for Def...
Views: 3
Opinion Plaintiff appeals from a judgment confirming an award of arbitration adverse to her. We dismiss the appeal. Plaintiff filed a medical malpractice action against defendant hospital and her attending physicians and surgeons. The defendants demanded arbitration, which was ordered by the trial court. 1 The arbitration was in favor of the defendants who moved, successfully, for confirmat...
Views: 1
*40 Opinion Statement of the Case and Facts Petitioner’s appeal and habeas corpus petition have been consolidated for hearing. Since we reverse the judgment, the habeas corpus petition is rendered moot. The pertinent facts are as follows: On September 9, 1977, a petition was filed in the Kern County Juvenile Court alleging that appellant, aged 17, came within Welfare and Institutions Code...
Views: 0
Opinion Plaintiffs filed an action seeking actual and punitive damages for fraudulent misrepresentation in the course of the campaign election concerning Proposition 14, the Agricultural Labor Relations Initiative statute. Defendants 1 demurred and the court sustained all demurrers without leave to amend, On this appeal, plaintiffs contend that their complaint states a cause of action, eith...
Views: 7
Opinion
Steven Gonzales appeals from an order of dismissal entered following sustaining of a demurrer to his third amended petition to vacate an arbitration award. The demurrer was sustained without leave to amend for failure to state facts sufficient to constitute a cause of action. The appeal lies. (Code Civ. Proc., § 1294, subd. (b).)
*61
Facts
The petition sough...
Views: 3
Opinion
Mission Insurance Company (hereafter petitioner) seeks review of the opinion and decision, after reconsideration, of the Workers’ Compensation Appeals Board (hereafter the Board) sitting en banc, which reversed the decision of a workers’ compensation judge. The judge
*52
had found that the multiple injuries sustained by respondent Jean Fitzgerald (hereafter applicant)...
Views: 3
Opinion
Dean Jarakian, a developmentally disabled person, who was a patient in Patton State Hospital at the time these proceedings were commenced, appeals from an order of the superior court committing him to the State Department of Health for suitable care and treatment pursuant to Welfare and Institutions Code section 6514.1 Appellant *160attacks his commitment on numerous grounds as follows: (...
Views: 1
Page 302
*170 Opinion Petitioner, Robert Moreno Perez, seeks a writ of habeas corpus. Following a denial by this court, petitioner applied to the California Supreme Court, and that court issued an order to show cause returnable to this court. Following his conviction by a jury of misdemeanor drunk driving (Veh. Code, § 23102, subd. (a)), petitioner was sentenced to 120 days in the Riverside County j...
Views: 8
Opinion
This case comes before us upon the sustaining of a demurrer to the complaint without leave to amend. Plaintiff in the court below has appealed from the judgment of dismissal thereupon entered.
In 1974, appellant hired respondent to make a termite inspection of certain premises that appellant was in the process of buying. The inspection and report were made in February 1974. A...
Views: 4
Opinion
Defendant appeals from an adverse judgment in an action on an alleged contract not to compete. We reverse the judgment.
Defendant was employed by plaintiff as a “sales, service and managing” employee over a period of 10 years prior to March of 1972. His employment was terminated for one day when he was rehired under a written agreement reading as follows:
*178
“...
Views: 2
Page 312
84 Cal.App.3d 149 (1978)
148 Cal. Rptr. 312
THE PEOPLE, Plaintiff and Respondent,
v.
DEBORAH LYNN WOODS, Defendant and Appellant.
Docket No. 8906.
Court of Appeals of California, Fourth District, Division One.
August 22, 1978.
*151 COUNSEL
Donald F. Stanton, under appointment by the Court of Appeal, and James W. Self for Defendant and Appellant.
Evelle J. Younger, Attorney General, Jack R. Winkle...
Views: 3
Page 315
84 Cal.App.3d 184 (1978)
148 Cal. Rptr. 315
In re ELEANOR A., a Person Coming Under the Juvenile Court Law.
COUNTY OF SAN DIEGO, Plaintiff and Respondent,
v.
COUNTY OF SAN BERNARDINO, Defendant and Appellant;
ELEANOR A., Real Party in Interest and Respondent.
Docket No. 16989.
Court of Appeals of California, Fourth District, Division One.
August 23, 1978.
*186 COUNSEL
Alan K. Marks, County Counse...
Views: 1
Opinion
The Juvenile Court, San Diego County, found its 15-year-old ward Eleanor A. to be a resident of San Bernardino County. Based upon this factual finding the juvenile court ordered the transfer of Eleanor A.’s cause to San Bernardino County. On appeal the County of San Bernardino challenges this finding and the order of transfer based thereon. San Bernardino’s appeal is authorized by statute...
Views: 1
Page 319
84 Cal. App. 3d 239 (1978)
148 Cal. Rptr. 319
THE PEOPLE, Plaintiff and Respondent,
v.
MONTE DEAN BEATY, Defendant and Appellant.
Docket No. 16941.
Court of Appeals of California, First District, Division Four.
August 24, 1978.
*241 COUNSEL
Quin Denvir, State Public Defender, under appointment by the Court of Appeal, Clifton R. Jeffers, Chief Assistant State Public Defender, Ezra Hendon, Philip A...
Views: 4
*227 Opinion Defendant Locklar appeals from his conviction by a jury of two counts of burglary. By separate informations filed March 25, 1977, appellant was charged with the burglary of a motor vehicle committed on or about November 16, 1976 (information, MCR 2991; Pen. Code, § 459) and with the burglary of a residential building committed on or about January 31, 1977 (information, MCR 2988...
Views: 9
*289Opinion We issued a writ of review to consider whether the respondent Workers’ Compensation Appeals Board erred in denying reconsideration to petitioner Royal Globe Insurance Co., workers’ compensation carrier for Frank Fosdick (doing business as Ranchers Irrigation), respondent James Faulkner’s employer. Reconsideration was sought on the ground that Royal Globe had “. . . discovered new evide...
Views: 1
21 Cal.3d 671 (1978)
582 P.2d 920
148 Cal. Rptr. 329
SUN 'N SAND, INC., et al., Plaintiffs and Appellants,
v.
UNITED CALIFORNIA BANK, Defendant and Respondent.
Docket No. L.A. 30636.
Supreme Court of California.
July 20, 1978.
*678 COUNSEL
George DeRoy and Hochman, Salkin & DeRoy for Plaintiffs and Appellants.
Gendel, Raskoff, Shapiro & Quittner and Richard S. Berger for Defendant and Res...
Views: 12
Opinion
This is an appeal by Rudine B. LeMons from a judgment exonerating respondents, Dr. Paul Ward and the Regents of the University of California, of any liability for medical malpractice. This court must decide whether the trial court committed prejudicial error in *872instructing the jury on the issue of contributory negligence when no evidence was introduced at trial to support such a charg...
Views: 0
Opinion
Plaintiffs appeal the decision of the trial court granting summary judgments in favor of defendants in consolidated personal injury actions. We affirm dismissal of the complaint against the individual defendants, but reverse the summary judgment granted to defendant County of Sacramento (County).
The individual defendants are two police officers who, while acting within the s...
Views: 5
Page 366
21 Cal.3d 888 (1978)
582 P.2d 957
148 Cal. Rptr. 366
In re TONY C., a Person Coming Under the Juvenile Court Law.
KENNETH F. FARE, as Acting Chief Probation Officer, etc., Plaintiff and Respondent,
v.
TONY C., Defendant and Appellant.
Docket No. Crim. 20142.
Supreme Court of California.
August 24, 1978.
*891 COUNSEL
William T. Harter, under appointment by the Supreme Court, for Defendant and Appe...
Views: 20
Holding that exercise of a “due-on clause” upon outright sale of real property unreasonably restrains that sale, the majority opinion either misreads or rejects the very decisions on which it relies, particularly Tucker v. Lassen Sav. & Loan Assn. (1974) 12 Cal.3d 629 [116 Cal.Rptr. 633, 526 P.2d 1169]. Additionally, the majority opinion awards the owner of encumbered real property a bonus in that...
Views: 1
21 Cal.3d 910 (1978)
582 P.2d 980
148 Cal. Rptr. 389
WILLIAM NEAL, as Administrator, etc., Plaintiff and Appellant,
v.
FARMERS INSURANCE EXCHANGE, Defendant and Appellant.
Docket No. L.A. 30775.
Supreme Court of California.
August 25, 1978.
*917 COUNSEL
Gage & Cooper, Sanford M. Gage, Aitken, Bradshaw & Andres, Wylie A. Aitken and Leonard Sacks for Plaintiff and Appellant.
William Camusi,...
Views: 23
Page 409
22 Cal.3d 12 (1978)
582 P.2d 1000
148 Cal. Rptr. 409
THE PEOPLE, Plaintiff and Respondent,
v.
WILLIAM HARRIS KING, Defendant and Appellant.
Docket No. Crim. 20380.
Supreme Court of California.
August 29, 1978.
*15 COUNSEL
Paul N. Halvonik, State Public Defender, Clifton R. Jeffers, Chief Assistant State Public Defender, Ezra Henson and Tanya Neiman, Deputy State Public Defenders, for Defendant an...
Views: 16
*3
Opinion
Appellant, Air Technical Industries, Inc., and respondent, Bruce G. Davis, were codefendants in this products liability action. Both were held strictly liable for damages caused by a defective elevator manufactured by Air Technical and sold by Davis. The trial court ordered Air Technical to indemnify Davis for all damages awarded to the plaintiff and to reimburse Davis...
Views: 28
Opinion
The People appeal the trial court’s dismissal of charges of unlawful possession of cannabis in the form of hashish (Health & Saf. Code, § 11357, subd. (a)), possession of marijuana for the purpose of sale (Health & Saf. Code, § 11359), and unlawful possession of a “black box”—a device to avoid telephone toll charges (Pen. Code, § 502.7, subd. (b)(1)). The People assert the trial court err...
Views: 1
Page 430
84 Cal.App.3d 294 (1978)
148 Cal. Rptr. 430
THE PEOPLE, Plaintiff and Respondent,
v.
UNA ALICE BUSH, Defendant and Appellant.
Docket No. 17215.
Court of Appeals of California, First District, Division Two.
July 27, 1978.
*296 COUNSEL
Moore & Bell, Edward C. Bell and Vickie Young for Defendant and Appellant.
Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Ed...
Views: 7
Opinion Defendants appeal from judgments (orders of probation) entered after a jury found them guilty of violating Penal Code section 496a. They were given misdemeanor sentences. Section 496a imposes criminal penalties on junk, metal, and secondhand material dealers or collectors who fail to use due diligence to ascertain the authority of persons seeking to sell metal parts or wire of a sort or...
Views: 1
Page 447
Opinion By information defendant was charged with murder in violation of Penal Code section 187. It was alleged in the information that defendant used a firearm—a shotgun—during the commission of the offense, within the meaning of Penal Code section 12022.5 and Penal Code section 1203.06, subdivision (a)(1). Defendant was tried by a juiy after he entered a plea of not guilty. The jury found d...
Views: 8
83 Cal.App.3d 956 (1978)
148 Cal. Rptr. 459
ROBERT G. NICHOLS, Plaintiff and Appellant,
v.
CANOGA INDUSTRIES, Defendant and Respondent.
Docket No. 50639.
Court of Appeals of California, Second District, Division One.
August 17, 1978.
*958 COUNSEL
Belcher, Henzie & Biegensahn and J. Gary Hastings for Plaintiff and Appellant.
Kindel & Anderson, Manuel S. Klausner and George L. O'Connell for...
Views: 7
Page 479
84 Cal. App. 3d 118 (1978)
148 Cal. Rptr. 479
THE PEOPLE, Plaintiff and Respondent,
v.
DAVID WALLY OTT, Defendant and Appellant.
Docket No. 17015.
Court of Appeals of California, First District, Division Two.
August 22, 1978.
*122 COUNSEL
Shapiro, Shapiro & Shapiro and Carl B. Shapiro for Defendant and Appellant.
Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney G...
Views: 8
Opinion Wilma J. Brown appeals the denial of her petition for a writ of prohibition to restrain the San Diego Municipal Court from retiying her on a charge of driving under the influence of alcohol (Veh. Code, § 23102, subd. (a)). An earlier trial resulted in a mistrial after a hung juiy. She contends Penal Code sections 1140, 1141, 1150 and 1151, requiring unanimous acquittal, violate the United ...
Views: 1
Opinion
Introduction
The fundamental question presented by this quiet title action is the extent of the trial court’s obligation to fix the location of an agreed boundary between contiguous owners of land where the monument fixing the line (a fence) has been removed without a survey or other marking to identify its precise location, As we shall explain, the trial court is required t...
Views: 7
84 Cal. App. 3d 200 (1978)
148 Cal. Rptr. 499
GENARO RABAGO, Plaintiff and Appellant,
v.
UNEMPLOYMENT INSURANCE APPEALS BOARD, Defendant and Respondent; ELTRA CORPORATION, Real Party in Interest and Respondent.
Docket No. 3524.
Court of Appeals of California, Fifth District.
August 23, 1978.
*203 COUNSEL
Gary S. de Malignon and Robert T. Olmos for Plaintiff and Appellant.
Evelle J. Younger, Attor...
Views: 4
Page 509
Opinion In open court at a hearing held on August 11, 1976, at which both parties were present and represented by counsel, the trial court made an order for child support. On our own motion we ordered the record on appeal augmented to include the minutes of the hearing on that date before the Honorable Edward L. Brady. The minutes conclude: “Whereupon the Court makes its Order: Child support shall...
Views: 3
*217Opinion Pacific Plan of California (Pacific Plan) appeals from a judgment denying its petition for a writ of mandamus to set aside an order of the State Real Estate Commissioner directing Pacific Plan to refrain from charging or collecting escrow fees without taking into account the costs and expenses paid, incurred or reasonably earned for each individual loan transaction. Pacific Plan argues...
Views: 1
Page 513
Opinion The People appeal from an order of dismissal entered after the trial court granted defendant’s motion to suppress evidence pursuant to section 1538.5, Penal Code. Defendant moved to suppress “Items found as a result of an illegal detention, search and arrest.” On the motion the following evidence was adduced. Officer Nixon was employed by the Los Angeles Unified School District as a s...
Views: 6
Page 517
Opinion Appellants, Florintino Angulo and Roberto Perez Rodriquez, were convicted after trial by jury of a violation of Health and Safety Code section 11352, sale of heroin. *517 The Issue The sole issue to be determined in this case is whether the constitutional right to be represented by effective counsel includes the right of codefendants for whom joint counsel has been appointed to ha...
Views: 3
*265 Opinion Plaintiff appeals from a summary judgment in favor of defendant; we affirm the judgment. The facts are not in dispute. Plaintiff was injured in an automobile accident involving his car and a vehicle driven by William Sadler. Sadler was a customer of Antelope Auto Body, a copartnership engaged in the repair of automotive vehicles. He was driving a “loaner” furnished to him by An...
Views: 1
84 Cal. App. 3d 251 (1978)
148 Cal. Rptr. 522
DONALD F. TARQUIN, Plaintiff and Respondent,
v.
COMMISSION ON PROFESSIONAL COMPETENCE et al., Defendants and Respondents; GOVERNING BOARD OF THE LOS ANGELES CITY UNIFIED SCHOOL DISTRICT et al., Real Parties in Interest and Appellants.
Docket No. 52474.
Court of Appeals of California, Second District, Division Four.
August 24, 1978.
*254 COUNSEL
John H...
Views: 5
Opinion
Defendant appeals from a judgment ordering specific performance of an agreement to sell real property. We modify the judgment and affirm it as modified.
Defendant is the owner of a tract of land in Ventura County, on part of which his home is located. The property is subject to a deed of trust in favor of Dennis and Shirley Johnson. On July 10, 1975, he agreed to sell a portion of that pr...
Views: 1
Page 532
I reluctantly concur with the result. This is another case in which we are required to exalt form over substance. Penal Code section 211a1 provides: “All robbery which is perpetrated by torture or by a person being armed with a dangerous or deadly weapon ... is robbery in the first degree. . . .” In pronouncing judgment the trial court stated, “I find each of the defendants guilty of the offenses ...
Views: 0
84 Cal.App.3d 315 (1978)
148 Cal. Rptr. 535
THE PEOPLE ex rel. DEPARTMENT OF TRANSPORTATION, Plaintiff and Appellant,
v.
SOUTHERN PACIFIC TRANSPORTATION COMPANY et al., Defendants and Respondents.
Docket No. 16355.
Court of Appeals of California, Third District.
August 25, 1978.
*319 COUNSEL
Harry S. Fenton, John B. Matheny, Joseph C. Easley and O.J. Solander for Plaintiff and Appellant.
Diepenbr...
Views: 0
Opinion
In this eminent domain proceeding, we consider whether the trial court properly construed defendant’s1 (Southern Pacific Transportation Company) interest in the land and correctly applied appropriate valuation standards in determining the award of damages. We have concluded that the interest taken by the state was properly categorized and correctly valued.
Plaintiff, State of California, ...
Views: 1
Opinion This is an appeal by plaintiff (Ebberts) from the judgment (order) of the superior court denying his petition for a writ of mandate. Ebberts had sought to compel the defendant Board of Control of the State of California (board) to act affirmatively under Penal Code sections 4900 to 4904, inclusive, providing for the payment of monetary indemnity by the state to persons erroneously convi...
Views: 2
Opinion
This appeal raises the sole issue of whether the pleadings of a complaint against a physician requesting punitive damages for wrongful death, which failed to state a cause of action, can serve as the basis for the tort of abuse of process. For the reasons we set forth, we conclude the privilege of Civil Code section 47, subdivision 2 applies, and accordingly affirm the judgment in...
Views: 4
84 Cal. App. 3d 361 (1978)
148 Cal. Rptr. 550
In re the Marriage of MARY and FREDERICK R. HERRMANN.
MARY HERRMANN, Respondent,
v.
FREDERICK R. HERRMANN, Appellant.
Docket No. 52469.
Court of Appeals of California, Second District, Division Five.
August 29, 1978.
*362 COUNSEL
William A. Pachal for Appellant.
H. Andrew Wasmund for Respondent.
*363 OPINION
HASTINGS, J.
An interlocutory judgment of d...
Views: 3
Opinion
Appellants Robert Mines and William Jenkins are medical doctors who signed leases for oil well drilling equipment with International Medical Leasing, Inc. (IML). Appellants entered the agreement for the purpose of obtaining a tax shelter. They paid rent on the leases until their tax deductions were disallowed, then they stopped. Respondent Equico Lessors, Inc., assignees of IML, b...
Views: 2
*380 Opinion Appellants brought suit for wrongful death and personal injuries resulting from an automobile accident. Defendant driver of the other vehicle, Larry Christensen, had traded his old car for the 1965 Lincoln Continental which was involved in the accident. The trade was not reported to the Department of Motor Vehicles. The former owner of the vehicle, Kevin Larson, had purchased the...
Views: 2
Opinion Labor Code section 4850 provides: “Whenever any . . . city fireman ... is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his duties, he shall become entitled ... to leave of absence while so disabled without loss of salary in lieu of temporary disability payments, if any, which would be payable under [the Workers’ Compensation Act]...
Views: 2
84 Cal.App.3d 393 (1978)
148 Cal. Rptr. 563
WILLIAM J. KLUBNIKIN, Plaintiff and Appellant,
v.
CALIFORNIA FAIR PLAN ASSOCIATION, Defendant and Respondent.
Docket No. 51848.
Court of Appeals of California, Second District, Division One.
August 30, 1978.
*394 COUNSEL
Schnider & Schnider and Robert T. Schnider for Plaintiff and Appellant.
Long & Levit and Myron S. Meisel for Defendant and Respondent....
Views: 1
Opinion In Eleazer v. Superior Court (1970) 1 Cal.3d 847 [83 Cal.Rptr. 586, 464 P.2d 42], the California Supreme Court held that due *410process requires that the police or prosecuting authority “make such inquiries and arrangements- as are reasonably necessary to enable the prosecution and defense to locate [an informer who is a material witness whose testimony might be helpful to the defense].” ...
Views: 2
Opinion
Burnett & Doty Development Company sued C. S. Phillips and Fidelity & Deposit Company of Maryland, alleging failure on the part of Phillips to complete contracted-for work on a residential development being constructed by Burnett & Doty. Fidelity & Deposit Company of Maryland was sued as surety on Phillips’ performance bond. Phillips cross-complained against Burnett & Doty, allegi...
Views: 2
Page 573
84 Cal.App.3d 515 (1978)
148 Cal. Rptr. 573
JACK GRUZEN, Plaintiff and Respondent,
v.
AARON P. HENRY et al., Defendants and Appellants.
Docket No. 53533.
Court of Appeals of California, Second District, Division Four.
September 1, 1978.
*516 COUNSEL
Kamminga, Gerber, Wong & Oehrle, John McDermott, John O. Calmore and Arthur Lang Wong for Defendants and Appellants.
Ronald L. Gruzen for Plainti...
Views: 4
Opinion Plaintiff County of San Diego (County) brought an action in the Municipal Court for the San Diego Judicial District of San Diego County against defendant Alfredo G. Muniz to recover $1,763.02 paid to defendant as general assistance benefits. Judgment for the County followed a nonjury trial with the case submitted on the pleadings and the trial briefs. Defendant appeals. 1 The facts ...
Views: 15
Page 588
22 Cal.3d 38 (1978)
583 P.2d 113
148 Cal. Rptr. 588
THE PEOPLE, Plaintiff and Respondent,
v.
JOSEPH R. ORTIZ, Defendant and Appellant.
Docket No. Crim. 20126.
Supreme Court of California.
August 30, 1978.
*40 COUNSEL
Paul N. Halvonik, State Public Defender, Charles M. Sevilla, Chief Assistant State Public Defender, Jonathan B. Steiner and Cheryl Lutz, Deputy State Public Defenders, for Defendant ...
Views: 2
Opinion
This is an appeal by the defendants Southern Pacific Company (Southern Pacific) and White Motor Corporation (White) from a judgment following a jury verdict in an action for personal injuries suffered by plaintiff Ramon Campbell who was employed as a driver for Pacific Motor Trucking Company (PMT). On the night of May 18, 1969, *55Campbell was seriously injured during the course of his em...
Views: 0
Page 605
Opinion
In Theodor v. Superior Court (1972) 8 Cal.3d 77, 100-101 [104 Cal.Rptr. 226, 501 P.2d 234], we held that “pursuant to a motion under Penal Code section 1538.5, a defendant may challenge the factual veracity of an affidavit in support of a [search] warrant and if statements contained therein are demonstrated to be false and if the affiant was unreasonable in believing the truth of such inf...
Views: 2
I respectfully dissent. As will appear, I would sustain petitioner’s challenge to the constitutionality of Labor Code section 3212.5 (unless otherwise indicated, all statutory references are to that code).
Generally, under the Workers’ Compensation Act (§ 3201 et seq.) employees do not receive workers’ compensation for injuries which are not “proximately caused by the employment.” (§ 3600, subd. (...
Views: 0
Opinion Plaintiffs, Arthur and Susan Jones, are the owners of nine and one-half acres of Sacramento County land, fronting on Fair Oakk Boulevard. They purchased the property in 1963, and thereafter the Department of Public Works (now the Department of Transportation) announced plans to construct a freeway which would cross the northern portion of the property, requiring the acquisition of appro...
Views: 6
Page 648
Opinion Gordon Grow, William Girolomoni and Pamela Bareford have appealed from orders by which they were admitted to probation after a jury found each of them guilty of one count of pandering (Pen. Code, § 266i) and one count of pimping (Pen. Code, § 266h). The verdicts are well supported by evidence that appellant Grow was the owner, and with appellants Girolomoni and Bareford was involved in the...
Views: 7
Opinion
This case involves a controversy between the County of Riverside and the Idyllwild County Water District (district) over a charge imposed by the district in connection with the county’s use of the district sewerage facilities. In a declaratory relief action brought by the county, the court granted the county’s motion for summary judgment and entered a judgment decreeing that the c...
Views: 3
84 Cal. App. 3d 1 (1978)
148 Cal. Rptr. 653
JULIUS S. AUSTERO, Plaintiff and Respondent,
v.
NATIONAL CASUALTY COMPANY OF DETROIT, MICHIGAN, Defendant and Appellant.
Docket No. 17929.
Court of Appeals of California, Fourth District, Division Two.
August 18, 1978.
*4 COUNSEL
Cummins, White & Breidenbach, Breidenbach, Swainston, Yokaitis & Crispo, W.F. Rylaarsdam, James R. Robie and Howard D...
Views: 24
Page 677
Opinion
A petition was filed to declare Jon D. a ward of the juvenile court because he had: (1) violated Vehicle Code section 23102 by driving while intoxicated; and (2) resisted arrest. The petition was amended to add a third count alleging reckless driving in violation of Vehicle Code section 23103.
The juvenile judge fully and completely recited the Tahl incantation, and the minor duly waived ...
Views: 0
Opinion Respondent was employed by appellant as a police officer for a period of some 27 years. He was relieved from duty due to physical disability (i.e., heart disease) arising out of his employment and placed on leave of absence with full pay in accordance with Labor Code section 4850.1 After being thus accommodated for a period of approximately six months and following a determination by appel...
Views: 0
Opinion Donald Eugene Edgar, Jr., and his minor children seek a writ of mandate to compel the Calaveras County Superior Court to *432 require the State of California, Department of Transportation (State), to answer interrogatories. The sole issue presented is the scope of the privilege of confidentiality granted by Vehicle Code section 20012. 1 In 1976, Donald Edgar and his children fil...
Views: 3
Opinion Defendant was found guilty of violations of Health and Safety Code section 11352, subdivision (a) (count 1), and 11351 (count 2). With respect to each count the jury found that more than one-half ounce of a substance containing heroin was involved. Probation was denied and defendant appeals. *415 Defendant’s first three arguments are directed to the conviction on count 2. Since the ...
Views: 9
84 Cal. App. 3d 480 (1978)
148 Cal. Rptr. 698
THE PEOPLE, Petitioner,
v.
THE SUPERIOR COURT OF MERCED COUNTY, Respondent; SHERWIN LEE DURAN, Real Party in Interest.
Docket No. 4147.
Court of Appeals of California, Fifth District.
August 31, 1978.
*482 COUNSEL
Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Will...
Views: 11
84 Cal. App. 3d 491 (1978)
148 Cal. Rptr. 704
THE PEOPLE, Petitioner,
v.
THE SUPERIOR COURT OF SAN LUIS OBISPO COUNTY, Respondent; HOWARD GEORGE HOLLENBECK et al., Real Parties in Interest. HORST GUNTER BAETJER et al., Petitioners,
v.
THE SUPERIOR COURT OF SAN LUIS OBISPO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.
Docket Nos. 4219, 4236.
Court of Appeals of California, Fifth District...
Views: 4
*474 Opinion I. Facts Petitioner Josephine Rhodes alleges as compensable under the Workers’ Compensation Act the injuries she sustained in an automobile accident on February 8, 1977, while on the way home from her place of employment while a passenger in a coemployee’s motor vehicle. Rhodes was employed as an eligibility worker for respondent County of Los Angeles, Department of Social ...
Views: 3
Opinion Plaintiff-appellant Gary Kaslavage was swimming in a canal managed and controlled by the Buena Vista Water District (herein called Buena Vista) on March 30, 1975. The canal is traversed by an irrigation pipe owned by respondent West Kern County Water District *533 (herein called West Kern). West Kern is a local public entity within the meaning of Government Code section 900.4. When di...
Views: 7
Opinion A petition was filed in the Los Angeles County Juvenile Court alleging that Patrick W., 13 years of age, was a minor coming within the provisions of section 602 of the Welfare and Institutions Code in that he had committed the crime of murder. The minor appeals from the order of the court sustaining the petition, declaring the minor a ward of the court and committing him to the Californ...
Views: 7
Opinion In this extraordinary writ proceeding, the People seek mandate to compel respondent superior court to vacate its order granting the motion of defendant, real party in interest herein, to dismiss a count of attempted murder and all clauses alleging great bodily injury from an information. We have concluded that the People are entitled to relief, for the court exceeded its jurisdiction by...
Views: 2
Opinion
Defendant, Lonn Earl Partlow, appeals from an order granting probation
1
after a jury found him guilty of second degree burglary (Pen. Code, § 459) and three counts of possession of cocaine, amphetamines, secobarbital and tuinal (Health & Saf. Code, § 11350), and acquitted him of possessing cocaine for sale (Health & Saf. Code, § 11351). He contends that: 1) prior to th...
Views: 6
I respectfully dissent. I would affirm the judgment of conviction. The case of People v. Hitch (1974) 12 Cal.3d 641 [117 Cal.Rptr. 9, 527 P.2d 361], is distinguishable and does not apply. It is limited to material evidence going to the guilt or innocence, as charged, during a trial on the merits. Moreover, in my view it would not be in the best interest of criminal justice to extend the scope of t...
Views: 0
Opinion
This appeal is from a judgment on a cross-complaint awarding Dean W. Knight & Sons, Inc., and its sole stockholder $831,388
*563
in damages for the fraud of First Western Bank and Trust Company. In addition to an attack upon the adequacy of the trial court findings to establish materiality of the bank’s misrepresentations and to establish reliance upon the misrepresen...
Views: 2
Opinion Plaintiffs Greg and Barbara Wilcox (hereinafter collectively Wilcox) appeal from an adverse judgment declaring that they had no option to purchase a Nevada City- residence from defendant Henry Anderson. On August 28, 1973, Wilcox leased the residence from Anderson at $200 per month for one year, effective September 5, 1973. The written *595 lease included an option to buy the proper...
Views: 2
Opinion
Since 1973 plaintiff South Coast Regional Commission (commission) has had an action pending against defendant Harold Gordon for violation of building permit requirements in a coastal conservation zone. In the phase of the cause now before us, the
*615
commission appeals the trial court’s denial of civil penalties against Gordon and its refusal to award attorneys fees ...
Views: 1
Page 780
Opinion In an action to establish paternity and for child support, the jury returned a special verdict of nonpaternity. On appeal from the judgment entered in favor of respondent, appellant claims prejudicial error based upon (1) exclusion of testimony concerning inconclusive blood test results and (2) misconduct of counsel. We conclude that these claims are without merit; we affirm the judgmen...
Views: 6
Opinion Defendant appeals from an adverse judgment in an action for declaratory relief. We affirm the judgment. Defendant, while riding on a motorcycle, was injured by a collision with an uninsured motorist. He claims to be entitled to indemnity under a policy issued by plaintiff to a man named Tench. The trial court granted summary judgment in favor of the insurer. We affirm. *652 The ca...
Views: 2
84 Cal. App. 3d 621 (1978)
148 Cal. Rptr. 799
NUMA GOODMAN, Petitioner,
v.
THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.
Docket No. 44354.
Court of Appeals of California, First District, Division One.
September 7, 1978.
*622 COUNSEL
James C. Hooley, Public Defender, and Harold G. Friedman, Assistant Public Defender, for Petitioner.
No appearance for Respond...
Views: 4
Opinion
We issued an alternative writ of mandate to review the propriety of the trial court’s order denying petitioner’s motion for a change of venue under the relevant provisions of Code of Civil Procedure section 394, subdivision (1). We conclude that the trial court erred in failing to grant the motion changing the place for trial to a neutral county.
Facts
The record rev...
Views: 5
Opinion This is an appeal by plaintiff Ernest J. Tarr from a judgment of dismissal of his third amended complaint following the trial court’s sustaining of a demurrer. The defendants who interposed the demurrer to plaintiff’s third amended complaint were Merco Construction Engineers, Inc. (hereinafter Merco) and Safeco Insurance Company (hereinafter Safeco). Plaintiff’s third amended complain...
Views: 1
*720Opinion
This is an appeal by the Controller of the State of California from an order fixing inheritance tax. (Prob. Code, § 1240.) Respondent herein is the Security Pacific National Bank, executor of the estate of Dewey William Logan.
Logan died testate on November 5, 1972. His will was admitted to probate on December 11, 1972. The major asset left by Logan was a restaurant known as the “Orig...
Views: 0
Page 824
84 Cal. App. 3d 745 (1978)
148 Cal. Rptr. 824
THE PEOPLE, Plaintiff and Respondent,
v.
RICHARD ARNOLD BARNES, Defendant and Appellant.
Docket No. 8795.
Court of Appeals of California, Fourth District, Division One.
September 11, 1978.
*746 COUNSEL
Appellate Defenders, Inc., under appointment by the Court of Appeal, Paul Bell and Andrew Freeman, for Defendant and Appellant.
Evelle J. Younger, Atto...
Views: 0
Opinion This appeal is brought pursuant to Elections' Code1 section 20339.2 In this case we hold that the erroneous placement of a voter in a precinct is not an illegality by which that voter’s ballot should be rejected. In addition, we point out the complete unworkability of section 20339 and urgently suggest that the Legislature take a hard look at that section in view of the realities of judici...
Views: 1
84 Cal. App. 3d 757 (1978)
148 Cal. Rptr. 830
SAN GABRIEL VALLEY WATER COMPANY, Plaintiff and Appellant,
v.
CITY OF MONTEBELLO et al., Defendants and Appellants.
Docket Nos. 52264, 52265.
Court of Appeals of California, Second District, Division Two.
April 18, 1978.
*760 COUNSEL
Beardsley, Hufstedler & Kemble, Burton J. Gindler and Evelyn Balderman for Plaintiff and Appellant.
Robert Flandric...
Views: 4
Opinion At issue is whether a buyer of real property may enforce a warranty contained in the agreement for sale notwithstanding the absence of any reference to it in the grant deed that conveyed title. We have concluded that the deed does not necessarily preclude enforcement, and that the trial court erred in making a pretrial order summarily adjudicating that issue against plaintiffs. A firs...
Views: 2
*849 Opinion A petition for a writ of mandate raises the question whether, under the circumstances shown, the Los Angeles County Superior Court has jurisdiction to modify an Arkansas child custody decree. The parties were married in California and lived in this state until January 1976. The child was bom in California on December 4, 1975. In January 1976 the couple moved to Arkansas, where ...
Views: 6
Opinion
Nature of Appeal:
Plaintiff appeals from judgment of nonsuit in a personal injuiy action. Appellant’s eye was injured when an opponent’s sabre broke through a fencing mask worn by appellant during a fencing bout. He sued American Fencer Supply (American) as the alleged manufacturer of the sabre and Joseph Vince Company and Junice T. Mori (Vince) as the manufacturer-supplier o...
Views: 2
Page 850
Opinion We hold here that this court has no jurisdiction to entertain an appeal from an order of a magistrate purporting to grant diversion (Pen. Code, §§ 1000-1000.5) to a defendant accused of committing a felony. A felony complaint alleged that respondent unlawfully planted and cultivated marijuana in violation of Health and Safety Code section 11358, subdivision (a). When the matter was called,...
Views: 1
Page 853
*Supp. 20Opinion We hold here that a U-turn in a business district may not lawfully be made from a two-way left-turn lane. Hence we affirm defendant’s conviction of that offense. It is undisputed that while driving in a business district defendant entered into a two-way left-turn lane, slowed, made a U-tum and proceeded to a parking space at the curb. He was convicted of violating Vehicle Code sec...
Views: 0
22 Cal.3d 126 (1978)
583 P.2d 711
148 Cal. Rptr. 857
OSWALD DAWKINS, Plaintiff and Respondent,
v.
CITY OF LOS ANGELES et al., Defendants and Appellants.
Docket No. L.A. 30772.
Supreme Court of California.
September 15, 1978.
*128 COUNSEL
Burt Pines, City Attorney, John T. Neville, Thomas C. Hokinson, Assistant City Attorneys, and Daniel U. Smith, Deputy City Attorney, for Defendants and Appellant...
Views: 2
Opinion
This case presents a problem of conflict of laws. Plaintiff, a California corporation, sues for the loss of services of a “key” employee, whom defendant negligently injured on defendant’s premises in Louisiana. The trial court, applying Louisiana law, concluded that plaintiff could not maintain a cause of action against defendant, and accordingly dismissed the complaint. Plaintiff...
Views: 9
Opinion
The California Housing Finance Agency (Agency) seeks a writ of mandate compelling respondent, its chairperson and president, to print and issue revenue bonds in accordance with an Agency resolution adopted under the provisions of the Zenovich-Moscone-Chacon Housing and Home Finance Act (the Act) (Health & Saf. Code, § 50000 et seq. (former § 41000 et seq.); all statutory reference...
Views: 12
22 Cal.3d 181 (1978)
583 P.2d 735
148 Cal. Rptr. 881
THE PEOPLE, Plaintiff and Respondent,
v.
ROBERT BENNETT ATCHISON, Defendant and Appellant.
Docket No. Crim. 20086.
Supreme Court of California.
September 18, 1978.
*182 COUNSEL
Albert L. Gordon for Defendant and Appellant.
Paul Halvonik, State Public Defender, Charles M. Sevilla, Chief Assistant State Public Defender, Richard A. Curtis, Deputy ...
Views: 3
22 Cal.3d 187 (1978)
583 P.2d 737
148 Cal. Rptr. 883
THOMAS FREDRICK TAVERNETTI et al., Petitioners,
v.
THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.
Docket No. L.A. 30895.
Supreme Court of California.
September 22, 1978.
*188 COUNSEL
Dean A. Goetz, under appointment by the Supreme Court, Livingston, Grant, Stone & Kay, Laurence D. Kay, Maureen C. McG...
Views: 8
22 Cal.3d 258 (1978)
583 P.2d 748
148 Cal. Rptr. 890
THE PEOPLE, Plaintiff and Respondent,
v.
JAMES MICHAEL WHEELER et al., Defendants and Appellants.
Docket No. Crim. 20233.
Supreme Court of California.
September 25, 1978.
*261 COUNSEL
Edward I. Gritz, Halpern & Halpern and H. Russell Halpern for Defendants and Appellants.
Paul N. Halvonik, State Public Defender, Clifton R. Jeffers, Chief As...
Views: 148
22 Cal.3d 296 (1978)
583 P.2d 774
148 Cal. Rptr. 915
THE PEOPLE, Plaintiff and Respondent,
v.
IVORY WAYNE JOHNSON, Defendant and Appellant.
Docket No. Crim. 20313.
Supreme Court of California.
September 25, 1978.
*297 COUNSEL
Paul Halvonik, State Public Defender, Charles M. Sevilla, Chief Assistant State Public Defender, Martin Stein and Cheryl Lutz, Deputy State Public Defenders, for Defendant a...
Views: 19
Opinion
Seven years ago in
Corwin
v.
Los Angeles Newspaper Service Bureau, Inc.
(1971) 4 Cal.3d 842 [94 Cal.Rptr. 785, 484 P.2d 953]
(Corwin I),
we reversed a summary judgment against plaintiffs Harold Corwin and Allen Barr (Statewide) and held that they were entitled to a trial in their antitrust suit against defendant Los Angeles Newspaper Service Bureau...
Views: 1
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