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All Reporters → cal-rptr → Volume 207

Opinions in cal-rptr Volume 207

Opinion In 1982, the voters of the County of Los Angeles adopted a charter amendment, including in the county charter, section 47.5 to article X, entitled “Discharge of Striking Employees.” 1 The trial court granted a peremptory writ of mandate enjoining enforcement of that section, based on its findings that the section was preempted by state legislation and was unconstitutional on its face....
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Opinion This case involves the question of whether a city and individual firemen working for that city can be liable for failure to arrive at *839 a fire in a timely manner through the firemen’s unauthorized absence from their fire station. We hold that the city and the firemen are not liable. On November 23, 1980, fire damaged the real property of real parties in interest. Real parties fil...
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Opinion Nature of Appeal: Defendant in a child support action (appellant here) appeals from an order of the superior court denying his motion to vacate default and set aside a judgment entered pursuant to stipulation. The entry of default in the case was proper. The stipulated judgment, however, did not comply with the holding in County of Ventura v. Tillett (1982) 133 Cal.App.3d 105 [183...
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Opinion Facts In the instant case, appellant, Alton Davis, appeals from the judgment of the lower court denying his referral to the California Rehabilitation Center (CRC) based upon the lower court’s finding that he was not in imminent danger of addiction. (Welf. & Inst. Code, § 3051.) 1 The facts before the trial court disclosed that appellant joined the United States Arm...
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Opinion Petitioner by writ contests the denial of petitioner’s motion for summary judgment as to real parties’ in interest (Serabias’) cause of action for intentional infliction of emotional distress. This cause of action was based on petitioner’s filing an unbonded stop notice during the course of litigation between the parties. Petitioner contends the Serabias’ claim was barred as ...
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Opinion Plaihtiff, Steven G. Dobrick, appeals from an order which: (1) denied his motion to confirm and enter an arbitration award as a final judgment; and (2) dismissed plaintiff’s complaint as to all defendants for failure to bring the matter to trial within the statutorily prescribed time limit. (Code Civ. Proc., § 583, subd. (b).) 1 The appeal presents the following issue...
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Opinion Defendant City of Santa Clara (city) appeals from a writ of mandate ordering it to vacate its resolution reducing wages for city workers *1008 involved in the Barricade Monitor Program; to reimburse those city employees for the losses suffered from the reduction; and to meet and confer with plaintiff unions. The city contends that the wholly voluntary Barricade Monitor Program was out...
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Opinion Plaintiffs appeal from a summary judgment for defendants in a personal injury action alleging defendants’ liability as retail liquor deal *999 ers in furnishing alcoholic beverages to a sober minor, who subsequently operated a motor vehicle while intoxicated and caused plaintiffs’ injuries. For purposes of these proceedings defendants have not disputed plaintiffs...
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Opinion In this action brought by a laborer against his union, the trial court entered a judgment of dismissal which was essentially *958 a judgment on the pleadings. The basis for the judgment was a bar of the statute of limitations. Plaintiff appeals. We reverse. Plaintiff is a long-standing member of Local 783 of the Laborers International Union of North America (Unio...
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160 Cal.App.3d 1011 (1984) 207 Cal. Rptr. 78 KAREN CREIGHTON et al., Plaintiffs and Respondents, v. CITY OF SANTA MONICA, et al., Defendants and Appellants; SANTA MONICA RENT CONTROL BOARD, Real Party in Interest and Appellant. Docket No. B003559. Court of Appeals of California, Second District, Division Two. October 12, 1984. *1013 COUNSEL Robert M. Myers, City Attorney, Stephen S. Stark, Assist...
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Opinion In April 1979, the Santa Monica City electorate amended its city charter by initiative measure establishing a comprehensive system of controls on residential rents. To administer this system the amendment provided for the creation of a permanent rent control board (Board), consisting of five popularly elected commissioners, with the authority to regulate maximum rents and to issue permits...
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Opinion This case raises questions concerning the conditions under, which discovery may be compelled from unwilling nonparty witnesses who invoke the Fifth Amendment privilege against self-incrimination. On June 3, 1981, plaintiffs J. Albert Warford and Joanne Stevens filed an application for an order to show cause why Manuel Wayne Medeiros, Bernice Sanga Medeiros and John Edward Med...
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Opinion Introduction Kendra P. Sharma (respondent below, hereafter identified as respondent) appeals from a judgment denying his cross-petition to vacate an appraisal award and granting the petition of Safeco Insurance Company of America (herein petitioner) to confirm the award. Statement of Facts Respondent purchased a homeowner’s insurance policy from petitioner. The poli...
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Opinion Plaintiff Nancy Zimmerman (hereinafter appellant) appeals from an order entering summary judgment in favor of defendant Hollie Stotter (hereinafter respondent). Of principal concern is whether triable issues of fact exist in a dispute arising out of a judgment of unlawful detainer and subsequent satisfaction of that judgment, or whether the merits of appellant’s contentions were complet...
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Opinion Rita Nahm was employed by Alpha Beta, Inc., from May 1980 through February 1982, and throughout that period was subject to a collective bargaining agreement between Local 870, Retail Clerks Union AFLCIO, and Alpha Beta. Several months after her employment terminated Nahm sued Alpha Beta and its supervisory employees Cole and Coppin, in respondent superior court, for damages for in...
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Opinion Petitioner James A. Wallis (hereafter plaintiff) has petitioned for a writ of mandate which would vacate an order sustaining real *1113 party’s (defendant’s) demurrer to the second, third and fourth causes of action in his first amended complaint, this without leave to amend as to the second and fourth. The major issue raised by the petition is whether plaintiff ...
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Opinion By a petition, for writ of mandate and prohibition, the People seek to vacate an order denying their motion to disqualify a superior court judge pursuant to Code of Civil Procedure section 170.6. 1 We issued an alternative writ of mandate to resolve the issue of whether the motion was timely filed. Section 170.6 sets forth a procedure by which a party or attorney f...
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Opinion We consider whether an allegation in the information expressly pled to preclude a grant of probation can also add an element to the offense charged so as to increase the term of confinement to which defendant is potentially subject. Defendant was found not guilty by reason of insanity of seven counts of committing a lewd and lascivious act upon a child under the age of fourteen years (Pen...
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Opinion Edrick Jordan was convicted by a jury of armed robbery (Pen. Code, 1 §§211 and 12022.5) and possessing a sawed-off shotgun (§ 12020, subd. (a)). In the same proceeding, Gerald Raymond Haynes was convicted of robbery (§ 211) and found to have been armed with a firearm during the commission of the crime (§ 12022, subd. (a)). *1128 The court sentenced Jordan ...
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*1156 Opinion This appeal poses the issue of whether F. W. Woolworth Co. (Woolworth U.S.), a New York corporation doing business in California, was engaged in a unitary business with F. W. Woolworth Co., Limited (Woolworth Canada), a Canadian corporation, during the years 1961 through 1964. The case has its genesis in tax assessments made by the State of California Franchise Tax ...
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Opinion An insurance purchase plan which provides one month of coverage for each month a premium is paid, without any further obligation *1167 to pay or purchase beyond that month, is not governed by the Unruh Act, the Truth in Lending Act or the Check Sellers and Cashers Law. Plaintiff Maggie Crawford instituted a class action on behalf of policyholders who purchased in...
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Opinion This is an appeal by Peter Dorris, former husband, from an order of the trial court vacating certain portions of an interlocutory judgment of dissolution of marriage. Respondent Lynn M. Dorris will be referred to as former wife. Facts Former husband is an employee of Aramco, and at all relevant times was living and working for Aramco in Saudi Arabia. Former wife petitioned in Cali...
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Opinion Howard Arthur Trotter appeals from a jury conviction of assault with intent to commit rape (count I, Pen. Code, § 220) and false imprisonment (count II, Pen. Code, § 236). We affirm the judgment. *1220 The Evidence Theresa, the 14-year-old victim in this case, babysat for appellant’s stepdaughter for approximately one year prior to this incident. One Saturday evening as Theresa wa...
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Opinion On petition of Judge Marion E. Gubler of the Municipal Court for the Burbank Judicial District of Los Angeles County, we review a recommendation of the Commission on Judicial Performance that he be publicly censured for “wilful misconduct in office” and “conduct prejudicial to the administration of justice that brings the judicial office into disrepute.” (hereinafter wilful misconduct and ...
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Opinion —Deborah Dunston appeals from the order denying her petition for relief from the claim filing requirements of the Government Code and from the order denying her petition for reconsideration. I Dunston alleges she and her father were exposed to toxic fumes released by a chemical spill in San Clemente on October 27, 1981. The chemical spill occurred when a truck which had previously t...
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Opinion In this appeal we consider the doctrine of legal impossibility in a case where the defendant was convicted of the crime of “oral copulation with another person who is under 14 years of age” but the victim was 15 years old. (Pen. Code, § 288a, subd. (c).) 1 *1093 Defendant entered a negotiated plea of guilty before the magistrate to charges of forcible rape (§ 261, subd. (2)), and ...
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*1174 Opinion In this appeal we hold that judicial review of an administrative decision of the Department of Motor Vehicles (DMV) is foreclosed by plaintiff’s failure to file his petition for administrative mandamus within the time provided by statute. Accordingly, we shall reverse the judgment of the superior court granting plaintiff relief and order the petition dismissed. ...
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Opinion Code of Civil Procedure section 877.6 1 provides a procedure whereby a party to an action in which it is alleged that two or more parties are joint tortfeasors may obtain a summary determination of the good faith vel non of a settlement by one or more such alleged tortfeasors, The question dispositive of the instant proceeding is whether in making such a determination ...
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[Opinion certified for partial publication. 1 ] *15 Counsel Arlin Armstrong, under appointment by the Court of Appeal, for Defendant and Appellant. John K. Van de Kamp, Attorney General, Jay M. Bloom and Steven H. Zeigen, Deputy Attorneys General, for Plaintiff and Respondent. Opinion —Effective January 1, 1983, the Legislature substantially revised...
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Opinion —Chez Daan appeals the denial of his Penal Code section 1538.5 motion to suppress the use in evidence of marijuana cigarettes seized from Richard Edward Bryan, believed by the police to have purchased the cigarettes from Daan. We shall hold Proposition 8 abolishes the vicarious exclusionary rule and affirm Daan’s conviction. I On October 20, 1983, San Diego Police Officer John Minto...
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161 Cal.App.3d 1 (1984) 207 Cal. Rptr. 233 ALLIANCE BANK, Plaintiff and Respondent, v. STEVEN W. MURRAY, Defendant and Appellant. Docket No. B003692. Court of Appeals of California, Second District, Division Seven. October 22, 1984. *3 COUNSEL Steven W. Murray, in pro. per., Warren & Marks, Richard D. Marks and Frank D. McAlpine for Defendant and Appellant. Michael L. Abrams and Hugh G. Radig...
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Opinion —Defendant Steven Murray (appellant) appeals from the default judgment entered subsequent to the court’s order striking defendant’s answer to the complaint and entering his default as sanctions for his wilful failure to attend two properly noticed depositions. (Code Civ. Proc., § 2034, subd. (d).) For reasons to follow, we affirm. Factual Background On March 15, 1982, appellant executed...
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Opinion This petition for an alternative writ of mandate arises over the issue of the statutory interpretation of the mandatory dismissal provision of Code of Civil Procedure 1 section 581a, subdivision (a). Because the amended version of section 581a governs the case at bench, we will grant the petition. On July 18, 1978, Salvatore Delfino, plaintiff and real party in int...
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Opinion —Defendant Barry Delson appeals from the judgment of conviction of four counts of forgery (Pen. Code, § 470) 1 and three counts of grand theft (§ 487, subds. 1, 3), challenging his sentence to state prison. Defendant contends that the trial court abused its discretion in (1) refusing to conduct a hearing on the section 1170, subdivision (d) report and recommendation by the Department ...
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[Opinion certified for partial publication. * ] *49 Counsel Westphal, Ellner, DiFranza & Portman, Kenneth B. Ellner and Edward Steinman for Petitioner. John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, Matthew P. Boyle and Mary C. Michel, Deputy Attorneys General, for Respondent. *50 Opinion —The licensee of...
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161 Cal. App. 3d 137 (1984) 207 Cal. Rptr. 255 THE PEOPLE, Plaintiff and Respondent, v. ANTONIO TOVAR, Defendant and Appellant. Docket No. 44393. Court of Appeals of California, Second District, Division Five. October 24, 1984. *138 COUNSEL Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Therene Powell, Deputy State Public Defender, for Defendant and Appellant. J...
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Opinion —Following a plea to and sentence for a violation of Penal Code 1 section 288, subdivision (a) (lewd and lascivious act upon a minor child) defendant appeals, contending that the court considered inadmissible data during the sentencing proceedings. I. Facts According to the probation officer’s report, filed with the trial court on July 18, 1983, an investigation of possible child ...
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Opinion —Defendant Skip William White was convicted of second degree murder (Pen. Code, § 187). 1 We must decide whether court ordered monitoring of his conversations with jailhouse visitors compels dismissal of the prosecution. We conclude it does not and affirm. I White knew the victim, Joseph N. Flores, and had developed a strong dislike for him. After a chance meeting at a bar one eve...
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Opinion —Gerald Richard Azevedo appeals the judgment entered on a jury verdict convicting him of possessing a sawed-off shotgun. (Pen. Code, § 12020, subd. (a).) 1 Possessing a sawed-off shotgun is lawful unless the barrel is “less than 18 inches in length” or the weapon “has a overall length of less than 26 inches.” (§ 12020, subds. (a) and (d)(1).) 2 The principa...
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Opinion Defendant was convicted of the wilful, deliberate and premeditated first degree murders of Cheryl G. and Adele C. (Pen. Code, §§ 187, 189.)1 As special circumstances the jury found that the murder of Cheryl was committed during the commission or attempted commission of rape (§ 261, subd. (2)) and of lewd or lascivious conduct on a child under the age of 14 (§ 288); that the murder of Adel...
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37 Cal.3d 97 (1984) 688 P.2d 894 207 Cal. Rptr. 285 JEROME J. NASH, Plaintiff and Respondent, v. CITY OF SANTA MONICA et al., Defendants and Appellants. Docket No. L.A. 31798. Supreme Court of California. October 25, 1984. *99 COUNSEL Robert M. Myers, City Attorney, Stephen S. Stark, Assistant City Attorney, Karl M. Manheim and Susan L. Carroll, Deputy City Attorneys, Michael Heumann, Stephen P. ...
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Opinion We review a recommendation of the Review Department of the State Bar Court that Robert A. Tarver, petitioner, be disbarred from the practice of law in the State of California. In three separate instances, petitioner was found, inter alia, to have commingled and misappropriated client funds, signed a settlement draft and release without authorization, and charged an unconscionable ...
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37 Cal.3d 65 (1984) 688 P.2d 918 207 Cal. Rptr. 309 In re BABY GIRL M. SAN DIEGO COUNTY DEPARTMENT OF SOCIAL SERVICES, Plaintiff and Respondent, v. EDWARD M., Defendant and Appellant. Docket No. L.A. 31786. Supreme Court of California. October 22, 1984. *67 COUNSEL Joseph D'Addario, under appointment by the Court of Appeal, for Defendant and Appellant. Lloyd M. Harmon, Jr., and Donald L. Clark, C...
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Opinion We are asked to determine whether the trial court erred in terminating a natural father’s parental rights by considering only *68the best interests of the child without first considering whether an award of custody to him would be detrimental to the child. We conclude Civil Code section 46001 is applicable to all section 7017, subdivision (d) termination proceedings and reverse the judgmen...
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Opinion In this opinion we must determine if workers' cornpensation benefits paid to a husband and required to be repaid from his disability retirement benefits are deductible from the . community property portion of these benefits that was divided between husband and wife in a dissolution action. Appellant Clarson Rene Corriveau (husband) and respondent Edna Clare Corriveau (wife) w...
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Opinion —Petitioner, Lillie Mae Gordon (hereafter Gordon), is the plaintiff in a personal injury action arising out of an automobile collision. She seeks an extraordinary writ to compel the superior court to vacate its March 28, 1984, order granting the motion of defendant and real party in interest, U.Z. Manufacturing Company (hereafter U.Z.) to allow U.Z. to amend its answers to interro...
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[Opinion certified for partial publication.*] Counsel Patrick M. Hevesy, under appointment by the Court of Appeal, for Defendant and Appellant. John K. Van de Kamp, Attorney General, Frederick R. Millar, Jr., and Deborah D. Factor, Deputy Attorneys General, for Plaintiff and Respondent. Opinion —Kurt William Mitchell was convicted of forcible oral copulation and false imprisonment (Pen. Code, §§ 2...
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Opinion This appeal involves a dispute over a disabled person’s share of cost for services under California’s In-Home Supportive Services *1229program (IHSS). Specifically, the dispute is over the amount of a spouse’s income that can be considered or “deemed” available to a disabled person for the purpose of determining how much of the cost of IHSS services the disabled person must bear. I. Facts...
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[Opinion certified for partial publication. 1 ] *34 Counsel Wallace B. Farrell for Defendant and Appellant. John K. Van de Kamp, Attorney General, John W. Carney, Steven H. Zeigen and Keith I. Motley, Deputy Attorneys General, for Plaintiff and Respondent. Opinion —One of the assignments of error in this case is an example of why we feel compelled to call attention to our holding in...
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Opinion —Defendant Eugene Cardoza was charged by information with possession of stolen property (Pen. Code, § 496); sale of marijuana (Health & Saf. Code, § 11360, subd. (a)); and burglary (Pen. Code, § 459). 1 Pursuant to a plea bargain, defendant Cardoza pleaded guilty to the marijuana and burglary charges and the court, following the prosecutor’s recommendation, dismissed th...
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161 Cal.App.3d 65 (1984) 207 Cal. Rptr. 392 In re the Marriage of ARLENE M. and ALEXANDER M. BECKER. ARLENE M. BECKER, Respondent, v. PUBLIC EMPLOYEES' RETIREMENT SYSTEM et al., Appellants. Docket No. 29418. Court of Appeals of California, Fourth District, Division Two. October 23, 1984. *67 COUNSEL Cynthia G. Besemer and Robert G. Petrovich for Appellants. Michael H. Clepper for Respondent. OPIN...
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Opinion —The Public Employees’ Retirement System (PERS) and Johanne M. Becker, the surviving spouse of Alexander M. Becker, deceased, and special administrator of his estate, appeal from an order of the Riverside Superior Court commanding PERS to pay to the decedent’s divorced former wife, Arlene M. Becker, a sum equal to one-half of the contributions to the retirement system made by the decedent...
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Opinion —On appeal from a judgment of conviction for attempted burglary of a residence with three prior serious felony convictions (Pen. Code, §§ 664/459, 667) 1 appellant attacks his sentence on several grounds, all of which we find to be without merit. We affirm the judgment. The Facts The facts of the offense are not relevant to this appeal. On October 29, 1982, ap...
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Opinion More than 11 years ago the judgment of this court became final directing the issuance of a peremptory writ commanding the City of Los Angeles: “to prepare, certify and file in accordance with law an [environmental impact report addressing expanded groundwater extraction from Owens Valley], and further directing [the] City, pending such preparation, certification and filing to limit fort...
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161 Cal.App.3d 170 (1984) 207 Cal. Rptr. 431 THE PEOPLE, Plaintiff and Respondent, v. GABRIELLA REBEKKA GOLDBERG, Defendant and Appellant. Docket No. 43615. Court of Appeals of California, Second District, Division Four. October 25, 1984. *175 COUNSEL Lawrence William Steinberg for Defendant and Appellant. John K. Van de Kamp, Attorney General, Robert F. Katz and Paul C. Ament, Deputy Attorneys G...
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[Opinion certified for partial publication. 1 ] *262 Counsel Barry F. Nix, under appointment by the Court of Appeal, for Defendant and Appellant. John K. Van de Kamp, Attorney General, James T. McNally, Eddie T. Keller and Ruth M. Saavedra, Deputy Attorneys General, for Plaintiff and Respondent. Opinion Statement of Facts Early in the morning of December 2, 1980, appellant and a c...
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161 Cal.App.3d 490 (1984) 207 Cal. Rptr. 469 NELSON SUPPLY COMPANY, INC., Plaintiff and Respondent, v. SURETY COMPANY OF THE PACIFIC, Defendant and Appellant. Docket No. 31225. Court of Appeals of California, Fourth District, Division One. October 25, 1984. *491 COUNSEL Jeffrey M. Hausman for Defendant and Appellant. No appearance for Plaintiff and Respondent. OPINION BROWN (Gerald), P.J. Defenda...
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Opinion —California’s victims of violent crime act (Act) (Gov. Code, §§ 13959-13969.1) 1 provides a scheme of monetary assistance to victims of certain crimes committed either in the state or while the victim is temporarily outside the state but only where the victim is a California “resident” at the time the crime is committed (§ 13960, subd. (a)). 2 This appeal fro...
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*286 Opinion —Defendant Norton R. Abramson, M.D., and his medical corporation appeal from a trial court order granting a preliminary injunction in favor of plaintiffs Bosley Medical Group and L. Lee Bosley, M.D. Facts Plaintiff Bosley is the president and director of plaintiff Bosley Medical Group, which operates a medical facility specializing in the practice of hair transplantation an...
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Opinion —Defendant Floyd Emsley Williamson was convicted, on a jury’s verdicts, of two counts of rape in violation of Penal Code section 261, subdivision (2), and one count of oral copulation in violation of Penal Code section 288a, subdivision (c). The alleged victim was one Kim, 17 years of age. *338 Williamson’s appeal is from the judgment which was entered upon the jury’s verdicts. He...
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Opinion —Allied Fidelity Insurance Company and its agent, AA Bail Bonds, appeal from an order denying their motion to set aside a summary judgment entered on a forfeited bond (Pen. Code, §§ 1305, 1306). Brenda Joyce Williams was charged with forgery (Pen. Code, § 470), and Allied posted a $15,000 bail bond on her behalf. She pleaded guilty, and sentencing was scheduled for August 6, 1982. Bef...
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Opinion —The prevailing defendants in a specific performance and breach of contract action appeal a postjudgment order denying their motion for attorneys fees (Civ. Code, § 1717). *505 I On May 11, 1979, plaintiff John Manier executed a “Real Estate Purchase Agreement and Deposit Receipt” to acquire commercial property owned by defendant Anaheim Business Center Company (ABCC). Defendant E...
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161 Cal.App.3d 465 (1984) 207 Cal. Rptr. 512 In re the Marriage of MARILYN JANE and HERBERT ADOLPH JACOBSON. MARILYN JANE JACOBSON, Respondent, v. HERBERT ADOLPH JACOBSON, Appellant. Docket No. B004200. Court of Appeals of California, Second District, Division Six. October 31, 1984. *468 COUNSEL Cohen, Alexander & Clayton and Leonard Alexander for Appellant. Nordman, Cormany, Hair & Compt...
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Opinion —Herbert Adolph Jacobson (husband) appeals from a judgment on two issues bifurcated from the dissolution of marriage trial—his military retirement benefits and Marilyn Jane Jacobson’s (wife) personal injury award. The judgment awarded wife $602.71 per month from January 27, 1983, as her interest in husband’s Navy retirement benefits and further awarded her the major portion of proceeds fr...
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161 Cal.App.3d 519 (1984) 207 Cal. Rptr. 519 DURLIN D. RICHARDSON, Plaintiff and Appellant, v. GAB BUSINESS SERVICES, INC., et al., Defendants and Respondents. Docket No. F003114. Court of Appeals of California, Fifth District. October 31, 1984. *521 COUNSEL Klein, Wegis & Duggan, Gregory A. Muir and Ralph B. Wegis for Plaintiff and Appellant. Manthei & Muir, Rick W. Manthei and David S. Schluete...
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Opinion —Plaintiff Alice L. Fairfull (hereafter for convenience and clarity, Alice) appeals from an interlocutory decree of dissolution of *534 her marriage to Douglas T. Fairfull (hereafter for similar reasons, Douglas). By her appeal, Alice claims entitlement to a one-half community property interest in Douglas’ military retirement benefits which were earned and accrued during their 19 year...
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Opinion —On December 1, 1977, the parties entered into a lease for a portion of a shopping complex for the purpose of defendant conducting thereon a restaurant. That lease called for a fixed “rent” and also contained several covenants, of which two are herein involved. Paragraph 7 required the tenant (defendant) to pay real estate taxes assessed against the demised property, and paragraph 20 re...
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Opinion These appeals have been consolidated because of the common issues to be discussed. In People v. Marion, El Cajon Judicial District, Michael J. Brennan, judge presiding, the appeal is from a conviction of violating subdivisions (a) and (b) of Vehicle Code section 23152, *Supp. 3and from the subsequent order granting probation. In People v. Gompper, North County Judicial District, Raymond G....
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Opinion This court reviews and adopts a recommendation of the State Bar that petitioner Regis Michael Possino be disbarred following his conviction of a crime involving moral turpitude. (Bus. & Prof. Code, §§ 6101, 6102; Cal. Rules of Court, rule 951.) 1 Petitioner was admitted to practice in 1972. He was privately reproved in 1976 for wrongfully causing an employee to make a...
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Opinion Following a jury trial the Superior Court of Ventura County entered a judgment convicting Arthur Manuel Avalos of murder in the second degree with use of a firearm, and of two counts of assault with a deadly weapon, both involving use of a firearm and infliction of great bodily injury. The primary issue presented by this appeal is whether the trial court erred when it (1) instructed the ju...
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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 188 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 189 OPINION Is a surviving putative spouse entitled to succeed to a share of his or her decedent's separate property...
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*190Opinion Is a surviving putative spouse entitled to succeed to a share of his or her decedent’s separate property under the Probate Code? I. On April 22, 1972, William Garvin and Fay Reah Leslie were married in Tijuana, Mexico. The marriage was invalid because it was never recorded as required by Mexican law.1 However, Garvin believed that he and Leslie were validly married. The couple lived t...
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*126 Opinion This appeal arises from a contract dispute between Motown Record Corporation (Motown) and Jobete Music Company, Inc. (Jobete) and singer, songwriter Tina Marie Brockert, known professionally as Teena Marie. (See also Motown Record Corp. v. Superior Court (1984) 155 Cal.App.3d 482 [202 Cal.Rptr. 227].) Teena Marie appeals from a preliminary ...
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Opinion This petition, brought by a defendant being tried for only one murder, challenges the trial court’s failure to dismiss the special circumstance allegation that the defendant “has in this proceeding been convicted of more than one offense of murder in the first or second degree.” (Pen. Code, § 190.2, subd. (a)(3).) The present incongruity arose because petitioner successfully moved to se...
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Opinion —The Santa Monica Community College District Personnel Commission (Commission) and Santa Monica Community College District (College) appeal from the judgment of the superior court granted in favor of Donald Cockburn (respondent) pursuant to his petition for writ of mandate to set aside the decision of the Commission rendered on December 22, *737 1981, which terminated his employment w...
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Opinion —In this case we are called upon to decide whether there was sufficient evidence to support the trial court’s finding that a liquidated *113 damages provision in a nonresidential real estate purchase contract was reasonable under the circumstances. We find the evidence sufficient to support the finding of reasonableness and therefore affirm the judgment. During August and September ...
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161 Cal. App. 3d 324 (1984) 207 Cal. Rptr. 607 THE PEOPLE, Plaintiff and Respondent, v. ISMAIL ABAYHAN, Defendant and Appellant. Docket No. 45069. Court of Appeals of California, Second District, Division Seven. October 29, 1984. *326 COUNSEL Wilbur F. Littlefield, Public Defender, Laurence M. Sarnoff, Michael M. Crain and John Hamilton Scott, Deputy Public Defenders, for Defendant and Appellant....
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Opinion —We affirm a judgment with a modification of sentence to prohibit the subsequent penal and administrative use of more than one of two convictions arising from a single act of driving after excessive drinking. We also find that a municipal court record which appeared to raise a question concerning the need for an interpreter was insufficiently challenged by defendant’s mere reference to ...
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Opinion —Appellant Michael Delgado Pervoe appeals from a judgment of conviction based upon a jury verdict for first degree murder (Pen. Code, § 187), attempted first degree murder (Pen. Code, §§ 187, 664) and the use of a firearm during the commission of those offenses (Pen. Code, § 12022.5). Background On the afternoon and evening of December 31, 1981, prosecution witness Mordacai Carr-Kane dealt...
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161 Cal.App.3d 364 (1984) 207 Cal. Rptr. 636 THE PEOPLE, Plaintiff and Respondent, v. ERIC WILLIAM JOYNER, Defendant and Appellant. In re ERIC WILLIAM JOYNER on Habeas Corpus. Docket Nos. A025978, A027430. Court of Appeals of California, First District, Division Three. October 30, 1984. *366 COUNSEL Leland Nerio, under appointment by the Court of Appeal, for Defendant and Appellant and Petitioner...
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161 Cal. App. 3d 429 (1984) 207 Cal. Rptr. 641 THE PEOPLE, Plaintiff and Respondent, v. NELSON BECERRA OSUNA, Defendant and Appellant. Docket No. G000601. Court of Appeals of California, Fourth District, Division Three. October 30, 1984. *431 COUNSEL Christopher J. Hennes, under appointment by the Court of Appeal, for Defendant and Appellant. John K. Van de Kamp, Attorney General, Keith I. Motley...
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161 Cal.App.3d 418 (1984) 207 Cal. Rptr. 646 ALEX FURDA, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; SEROLOGICAL BIOPSY LABORATORIES et al., Real Parties in Interest. Docket No. G001383. Court of Appeals of California, Fourth District, Division Three. October 30, 1984. *421 COUNSEL Belli & Sabih and Daniel W. Dunbar for Petitioner. No appearance for Respondent. *422 Wyman,...
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*385 Opinion —Here we attempt to make sense out of Civil Code section 1950.5. 1 Defendant Islay Investments (Islay) is a partnership that owns and rents apartments. Codefendant Marvin Trevillian is Islay’s managing partner. Plaintiffs are tenants of Islay, who have been certified as a class under Code of Civil Procedure section 382. They contend that Islay’s rental practices violate Civil...
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Opinion —The Governing Board of the Simi Valley Unified School District appeals an order striking its claim for costs and attorneys’ fees. We reverse the judgment. Appellant Governing Board of the Simi Valley Union School District (District) and respondents California Teachers Association and Simi Educators Association (the Associations) entered into a “Contract of Agreement 1979-80” (Contrac...
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161 Cal.App.3d 402 (1984) 207 Cal. Rptr. 663 JACOB A. MEYER, Plaintiff and Respondent, v. BYRON JACKSON, INC., et al., Defendants and Appellants. Docket No. B002037. Court of Appeals of California, Second District, Division Seven. October 30, 1984. *407 COUNSEL Donnelly, Clark & Chase and William C. Moritz for Defendants and Appellants. Oshman, Brownfield & Smith, George E. Brownfield and...
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[Opinion certified for partial publication. * ] *480 Counsel Maxim N. Bach for Plaintiff and Appellant. Thomas M. Buckwalter for Defendants and Respondents. Opinion —Dorothy Trail (hereafter appellant) sued Holly Cornwell, Roy Smith, Virginia Smith, Stanley Young, Roger Settlemire, Douglas Thomas, Gerald Flanagan, James Schaber, Peter Hentshel and P...
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Opinion —Victor Aldo Corsini pleaded guilty to felony drunk driving (former Veh. Code, § 23101) after his motion to suppress a blood sample taken to determine his blood-alcohol level was denied. I Shortly after midnight on November 8, 1981, Corsini, alone in his vehicle, crossed over the center line on Pacific Coast Highway and struck another car head on. Officers Payne and Strohmeyer of th...
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Opinion —An information filed by the district attorney’s office charged defendant with one count of burglary (Pen. Code, § 459) 1 , one count of robbery (§ 211), and one count of rape (§ 261, subd. (2)), including use allegations pursuant to section 12022.3, subdivision (a). The information also alleged that defendant had suffered three prior convictions for residential burglary (§§ 667, 667....
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Opinion —Defendant has been convicted of first degree murder and assault with a deadly weapon. He appeals with the single contention that he was denied his constitutional right to an interpreter. We agree and, therefore, reverse the judgment and return the case for a new trial. Pertinent Facts The substantive facts in this case are not at issue on this appeal and will be stated briefly. Def...
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Opinion —By first amended complaint, plaintiff Santa Clar-ita Water Company, a corporation (hereafter SCWC), sought to condemn a 10-foot strip of real property, approximately 1,000 feet long, owned by defendants Charles J. Lyons, Jr. and Mary Lou Lyons (hereafter Lyons). *456 Other defendants were named in the condemnation suit, but the claims and cross-claims of those indivi...
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Opinion Introduction Appellants, 12 parents and their children (hereinafter referred to as petitioners), obtained a peremptory writ in the trial court prohibiting respondents, the Pomona Unified School District and 4 administrators of the Philadelphia School (collectively referred to herein as respondents), from engaging in certain conduct which violated petitioners’ rights under California s...
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Opinion —Darrell Ray Richard appeals from the judgment entered upon his conviction by plea of guilty to assault with intent to commit rape *561 (Pen. Code, § 220, count IV) and assault with a deadly weapon (Pen. Code, § 245, subd. (a), count VI), and upon his admission that he personally used a knife in the commission of count IV (Pen. Code, § 12022, subd. (b)). He was sentenced to eight year...
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[Opinion certified for partial publication. 1 ] *611 Counsel Barton C. Sheela and Sheela, Rutherford & Sheela for Defendant and Appellant. John K. Van de Kamp, Attorney General, Jay M. Bloom and Lilia E. Garcia, Deputy Attorneys General, for Plaintiff and Respondent. Opinion —In this search and seizure case we hold federal law now applies after the ...
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[Opinion certified for partial publication. 1] Counsel Charles M. Sevilla, under appointment by the Court of Appeal, for Defendant and Appellant. John K. Van de Kamp, Attorney General, Keith I. Motley and Robert B. Shaw, Deputy Attorneys General, for Plaintiff and Respondent. Opinion —A jury convicted Manuel Lawrence Domenzain, Jr., of first degree burglary (Pen. Code, § 459)2 and grand theft. (§ ...
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161 Cal.App.3d 587 (1984) 207 Cal. Rptr. 728 In re CHERYL E., a Minor. COUNTY OF VENTURA PUBLIC SOCIAL SERVICES AGENCY, Petitioner and Respondent, v. EDWIN E., Objector and Appellant. EVELINA E., Plaintiff and Respondent, v. COUNTY OF VENTURA PUBLIC SOCIAL SERVICES AGENCY et al., Defendants and Appellants. Docket Nos. 68879, B003231. Court of Appeals of California, Second District, Division Six. ...
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*594Opinion —The instant case involves two appeals consolidated on this court’s motion. Edwin E. (Edwin) appeals from a judgment terminating his rights to custody and control of his biological child, Cheryl E. (Cheryl). (Civ. Code, § 232.) County of Ventura (County), Public Social Services Agency (PSSA), and Adoption Worker (AW) appeal from a judgment that Evelina E.’s (Evelina) relinquishment of...
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Opinion Introduction Plaintiff and appellant, Morse Signal Devices of California (Morse), appeals from that portion of a trial court judgment which held that it is not entitled to a refund of certain ad valorem 1 property taxes paid under protest *573 to defendant and respondent, the County of Los Angeles (County). We affirm the judgment of the trial court. ...
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[Opinion certified for partial publication. 1 ] *647 Counsel Richard L. Phillips, under appointment by the Court of Appeal, for Defendant and Appellant. *648 John K. Van de Kamp, Attorney General, W. Scott Thorpe and David De Alba, Deputy Attorneys General, for Plaintiff and Respondent. Opinion —The Kings County District Attorney filed two s...
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*144 Opinion Jess Rivera, Jr., appeals his conviction of burglary (Pen. Code, § 4590 after jury trial and the seven-year prison term imposed therefor (two-year base term plus five years consecutive for an admitted prior conviction of assault with intent to commit rape (§ 667, subd. (a)). We affirm the judgment of conviction and the sentence. At approximately 9:20 p.m. on Dec...
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Opinion —Petitioner seeks a writ of habeas corpus to review orders of the superior court denying him restoration of sanity hearings pursuant to Penal Code section 1026.2. For reasons set forth below we shall order that the relief sought by petitioner be granted. Factual Background On March 9, 1973, an information was filed in the Ventura County Superior Court charging petitioner, Louis An...
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[Opinion certified for partial publication. 1 ] *663 Counsel Geraldine S. Russell, Lewis A. Wenzell, Victoria Sleeth and Jeffrey J. Stuetz, under appointments by the Court of Appeal, for Defendants and Appellants. John K. Van de Kamp, Attorney General, Frederick R. Millar, Jr., Michael D. Wellington, Deborah D. Factor and A. Wells Petersen, Deputy Attorneys General, for Plaintiff and Re...
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161 Cal.App.3d 697 (1984) 207 Cal. Rptr. 777 THE PEOPLE, Plaintiff and Respondent, v. DONALD L. MAKI, Defendant and Appellant. Docket No. 15692. Court of Appeals of California, Fourth District, Division One. November 7, 1984. *698 COUNSEL Thomas J. Cooke, under appointment by the Court of Appeal, for Defendant and Appellant. John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Atto...
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Opinion —Defendant Crenshaw was found guilty by a Contra Cos-ta County jury’s verdicts of (count I) murder in the perpetration of which he used a firearm, and (count II) possession of a sawed-off shotgun. He appeals from the judgment which was entered upon the jury’s verdicts and finding. We state the material evidence, as it is found to be accurately related in the probation officer’s report...
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Opinion —This appeal challenges the trial court’s granting of summary judgment in favor of the respondent. Two central issues are raised on appeal. First, does the transfer of property to a commencing partnership in which the partnership assumes the indebtedness of the transferor, a copartner, constitute a sale under the California Revenue and Taxation Code. Second, assuming a sale, is it...
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Opinion —The minor appeals from order sustaining petition charging him with coming upon school grounds without lawful business and by his presence interfering with the peaceful conduct of, and disrupting, school activities by returning to the school 72 hours after having been previously *772 asked to leave, a misdemeanor (§ 626.8, subd. (a)(2), Pen. Code). The sole issue is the sufficiency of...
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161 Cal. App. 3d 717 (1984) 207 Cal. Rptr. 793 JEANETTE INGBORG MARVIN, Plaintiff and Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Defendant and Appellant. Docket No. A019663. Court of Appeals of California, First District, Division One. November 9, 1984. *718 COUNSEL John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, Harold W. Teasdale and Gordon Zane, Deputy Atto...
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Opinion —Following a trial by jury defendant was convicted as charged of burglary, in violation of Penal Code section 459 (count I) of unlawfully carrying a loaded firearm while in a public place, in violation of Penal Code section 12031, subdivision (a) (count II), and of unlawfully carrying a con*Supp. 25cealed firearm upon his person, in violation of Penal Code section 12025, subdivision (b) (...
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37 Cal.3d 136 (1984) 689 P.2d 430 207 Cal. Rptr. 800 THE PEOPLE, Plaintiff and Respondent, v. MARCELINO RAMOS, Defendant and Appellant. Docket No. Crim. 21352. Supreme Court of California. November 1, 1984. *141 COUNSEL Alan M. Caplan, under appointment by the Supreme Court, Bushnell, Caplan, Fielding & Rudy, Quin Denvir, State Public Defender, Ezra *142 Hendon, Alice V. Collins and Diane M. ...
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Opinion In our recent decision in American Bank & Trust Co. v. Community Hospital (1984) 36 Cal.3d 359 [204 Cal.Rptr. 671, 683 P.2d 670], *177we reviewed a wide-ranging constitutional challenge to one provision of the Medical Injury Compensation Reform Act of 1975 (MICRA), a section which authorized the periodic payment of damages in medical malpractice actions. (Code Civ. Proc., § 667.7.) We con...
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Opinion Appellant, Johnnie Merry Tyus (wife), appeals that part of a 1983 California judgment which declined to give full faith and *791 credit to a 1975 Texas judgment of divorce awarding her 22.5 percent of the military retirement pay of respondent, James Edwin Tyus (husband). Facts On October 6, 1975, a Texas judgment of divorce was entered by which wife was awar...
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37 Cal. 3d 205 (1984) 689 P.2d 453 207 Cal. Rptr. 823 PATRICIA MacGREGOR, Plaintiff and Respondent, v. UNEMPLOYMENT INSURANCE APPEALS BOARD, Defendant and Appellant; EMPLOYMENT DEVELOPMENT DEPARTMENT et al., Real Parties in Interest and Respondents. Docket No. S.F. 24706. Supreme Court of California. November 8, 1984. *207 COUNSEL George Deukmejian and John K. Van de Kamp, Attorneys General, Char...
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Opinion —The plaintiffs were denied enforcement of a final judgment for attorneys’ fees, entered following their success in an action which invalidated a state welfare regulation. (See Green v. Obledo (1981) 29 Cal.3d 126 [172 Cal.Rptr. 206, 624 P.2d 256].) The trial court held that payment is precluded by restrictions in the state Budget Act. There is no such impedi...
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Opinion —Appellants appeal from a superior court judgment denying their petition for a writ of mandate against the Board of Pharmacy, a state administrative and licensing agency (the Board). We affirm. Appellants are comprised of a pharmacist (appellant), licensed by the Board, and Intra World Wide of America, a pharmacy, also Board licensed, which pharmacist operates. On June 11 and...
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Opinion —We here determine that the United States Government Survey Maps prepared and recorded pursuant to federal law do not constitute subdivisions of land within the meaning of the California Subdivision Map Act. (Gov. Code, §§ 66410-66499.37.) The Advisory Agency for the County of Ventura and the County of Ventura (referred to collectively as the County) appeal from a writ of man...
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Opinion —This appeal challenges the order of the trial court granting the respondent’s motion to dismiss the information pursuant to Penal Code section 995. The central issue raised on appeal is whether the magistrate properly exercised his discretion when he refused to allow the respondent personally to cross-examine the prosecution’s sole witness at the preliminary hearing. Because we agree w...
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Opinion This appeal is taken from a dismissal following a sustained demurrer to appellants’ third amended complaint (complaint). Appellants Ronald and Barbara Bloomberg allege that respondent Interinsurance Exchange of the Automobile Club of Southern California (respondent or Auto Club), 1 by its negligence, caused the death of appellants’ 16-year-old son. The bases of the demu...
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Opinion Is the Workers’ Compensation Appeals Board precluded by Labor Code section 5811 from awarding printing costs incurred by an em *237 ployee in answering a petition for writ of review summarily denied by an appellate court? I. Petitioner, Arthur E. Johnson, sustained work-related back injuries in 1972 and 1977 while employed as a ramp serviceman for respondent...
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Opinion —Stephen Best appeals a judgment denying him a writ of mandate to set aside the decision of the California Apprenticeship Council *628 (CAC) suspending and dismissing him from a job training program. CAC asks us to dismiss this appeal because Best has now graduated from the program and the conditions under which the punitive action against him was taken no longer exist. We decline to ...
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Opinion —Defendant Tho Ngoc Nguyen was convicted upon his plea of guilty to a two-count information alleging that on October 12, 1982, he unlawfully took salmon and striped bass by use of a gill net (Fish & G. Code, § 8685.5) and possessed for sale salmon and striped bass so taken (Fish & G. Code, § 8685.6). 1 He withdrew a previous plea of not guilty and pled guilty to the cha...
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161 Cal.App.3d 813 (1984) 207 Cal. Rptr. 876 SAN JOAQUIN COUNTY EMPLOYEES ASSOCIATION, INC., Plaintiff and Respondent, v. CITY OF STOCKTON, Defendant and Appellant. Docket No. 23337. Court of Appeals of California, Third District. November 13, 1984. *816 COUNSEL Gerald A. Sperry, City Attorney, and Edward F. Buckner, Assistant City Attorney, for Defendant and Appellant. Robert K. Kobler and Irvin...
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161 Cal.App.3d 850 (1984) 207 Cal. Rptr. 880 JAY CORMIER, Plaintiff and Appellant, v. COUNTY OF SAN LUIS OBISPO et al., Defendants and Respondents. Docket No. B004579. Court of Appeals of California, Second District, Division Six. November 14, 1984. *852 COUNSEL Stephen N. Cool for Plaintiff and Appellant. James B. Lindholm, Jr., County Counsel, and James B. Orton, Deputy County Counsel, for Defe...
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Opinion —The County of San Diego (County) appeals a judgment denying its petition for writ of mandate against the Board of Control of the State of California (Board). I The People charged 15-year-old Brenda S. with 2 counts of first degree murder with special circumstance allegations. The County spent $26,035, authorized by the court, for experts and investigators to help S.’ counsel prepar...
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Opinion —We have before us two separate appeals which we have consolidated for decision. They present a single legal issue: Are cer *881 tain office computer systems to be classified as realty or as personalty for purposes of property taxation? The distinction is crucial because in both cases the taxpayer is exempt from taxation of personal property. 1 In each of...
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[Opinion certified for partial publication. 1 ] *909 Counsel Howard J. Berman, Robert J. Wade, Cliff Gardner and Frank DiSabatino, under appointments by the Court of Appeal, for Defendants and Appellants. John K. Van de Kamp, Attorney General, Eddie T. Keller, Janice Rogers Brown and Raymond L. Brosterhous II, Deputy Attorneys General, for Plaintiff and Respon...
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Opinion Introduction Peter F. Warren appeals his conviction following jury trial of unlawful taking of a vehicle. (Veh. Code, § 10851.) His principal contention, advanced under the Sixth Amendment, is that the court and prosecutor induced his primary witness to decline to testify by the intimidating manner in which they admonished that witness of his rights against self-incrimination...
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Opinion Defendant appeals from a judgment of conviction entered following his plea of guilty to a violation of Vehicle Code section 23152, subdivision (b) charged in count II of a two-count complaint. Count I, in which the defendant had been charged with a violation of section 23152, subdivision (a) of the Vehicle Code, was dismissed on People’s motion. Prior to his entry of a guilty plea to coun...
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