Court Cases
| Most Popular Cases |  |
Cases with Faces | |
Cases by Type |  |
Cases by Reporter |  |
Cases by Year |  |
All Reporters → cal-rptr → Volume 284
Opinions in cal-rptr Volume 284
Opinion
Defendant Ronald J. Ramos appeals a judgment after the trial court directed a verdict in favor of plaintiff Home Federal Savings & Loan Association (Home Federal) regarding Ramos’s liability on a personal loan guaranty. We affirm.
Factual and Procedural Background
Defendant Ramos was president of the Ramos/Jensen Company (R/J Co.), a California corporation. R/J Co. was t...
Views: 0
Opinion —After a contested hearing, the juvenile court found true allegations that Charles C., age 17, committed rape in concert (Pen. Code, §§ 264.1, 261, subd. (2)), lewd and lascivious conduct (Pen. Code, § 288, subd. (a)) and unlawful intercourse (Pen. Code, § 261.5). The court found he came within the provisions of the Welfare and Institutions Code 1 section 602 and committed him to the ...
Views: 0
*1051
Opinion
—Defendant California State Board of Equalization (Board) appeals from the judgment for plaintiff Transamerica Occidental Life Insurance Company (TOLIC) entered after the trial court overruled the Board’s demurrer and granted TOLIC’s summary adjudication of issues motion. The sole issue on appeal is which of two tax rates in Revenue and Taxation Code section 12202 a...
Views: 1
Opinion —The parents and brothers of Meghan K. Fife appeal a summary judgment granted to Jennifer Astenius. The Fifes are seeking recovery for the alleged negligent infliction of emotional distress (hereafter NIED) caused when they heard a car crash and went to the street to discover Meghan had been injured. The Supreme Court’s guidelines for recovery in Thing v. La Chusa (1989) 48 Cal.3d...
Views: 0
232 Cal.App.3d 1239 (1991)
284 Cal. Rptr. 18
Adoption of MATTHEW B., a Minor.
NANCY B., Plaintiff and Appellant,
v.
CHARLOTTE M., Defendant and Respondent. TIMOTHY M., Plaintiff and Respondent,
v.
NANCY B., Defendant and Appellant.
Docket Nos. A044280, A045711.
Court of Appeals of California, First District, Division Three.
July 30, 1991.
*1250 COUNSEL
Rita L. Swenor, under appointment by the Cou...
Views: 1
Page 38
232 Cal.App.3d 1286 (1991)
284 Cal. Rptr. 38
In re ANDREW V., a Minor.
SAN BERNARDINO COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES, Petitioner and Respondent,
v.
DAVID O., Objector and Appellant.
Docket No. E008285.
Court of Appeals of California, Fourth District, Division Two.
July 30, 1991.
*1288 COUNSEL
David F. Blaisdell, under appointment by the Court of Appeal, for Objector and Appellant.
Al...
Views: 0
Opinion —David O. (father) has appealed from an order terminating his parental rights as to Andrew V. (minor), following a trial of the consolidated matters of father’s action to establish paternity and the department of public social services’ (DPSS) subsequent petition to terminate father’s parental rights. Facts Father and the minor’s mother lived together. When the minor’s mother told father s...
Views: 0
Opinion
—This is a fight between two insurance companies over who should pay for the tragic results of an auto accident involving a water truck
*1323
in January 1987. The matter boils down to the applicability of the auto exclusion in one insurer’s policy. The appeal requires us to decide whether a water truck equipped with permanently attached spraying equipment comes within...
Views: 2
*1297
Opinion
—Golden West Baseball Company, operator of the California Angels baseball club, appeals after the trial court granted summary judgment in favor of defendant William O. Talley, former city manager of the City of Anaheim (the City). Golden West sued Talley for fraud, but as damages alleged only attorneys’ fees incurred in a prior action against the City. We find Golde...
Views: 0
232 Cal.App.3d 1362 (1991)
284 Cal. Rptr. 62
MARGARET HAWORTH et al., Plaintiffs and Appellants,
v.
BENJAMIN LIRA et al., Defendants and Respondents.
Docket No. B045630.
Court of Appeals of California, Second District, Division Five.
July 31, 1991.
*1364 COUNSEL
Hogan, Baynes & Haworth, Greason Haworth and Maral Injeyan for Plaintiffs and Appellants.
Cassidy, Warner, Brown, Combs & Thurbe...
Views: 0
232 Cal. App. 3d 1422 (1991)
284 Cal. Rptr. 70
J. ANDREW LUBIN et al., Petitioners,
v.
PETE WILSON, as Governor, etc., et al., Respondents; MATTHEW K. FONG, Real Party in Interest.
Docket No. D014315.
Court of Appeals of California, Fourth District, Division One.
August 1, 1991.
*1425 COUNSEL
Merrick Scott Rayle for Petitioners.
Daniel E. Lungren, Attorney General, N. Eugene Hill, Assistant Attor...
Views: 0
Opinion —Carlos Rivadeneira appeals from judgment entered following his negotiated plea of guilty to residential burglary, with court findings of five prior serious felony convictions. (Pen. Code, §§ 459, 667, subd. (a).) Appellant contends: “I. The enhancements as to the priors occurring before 1986 must be stricken as a matter of law. II. The trial court erred in failing to state reasons for imp...
Views: 0
Opinion
I
Introduction
This case involves a purported roadway easement (easement) which the King family alleges exists in favor of the Kng family over land owned by the Mikels family in the City of Rancho Cucamonga. The Mikelses bought the land in question (Parcel No. 1) from Richwood Development Inc., which had apparently acquired it from the Desimones, who had purchased it fro...
Views: 0
232 Cal.App.3d 1410 (1991)
284 Cal. Rptr. 106
BRIAN B. CHARLES, Plaintiff and Appellant,
v.
BOARD OF ADMINISTRATION, PUBLIC EMPLOYEES' RETIREMENT SYSTEM et al., Defendants and Respondents.
Docket No. G009842.
Court of Appeals of California, Fourth District, Division Three.
July 22, 1991.
*1411 COUNSEL
Seth J. Kelsey for Plaintiff and Appellant.
Edward J. Cooper, City Attorney, Richard E. Lay, Ass...
Views: 0
Opinion
—Wallace J. Brown appeals from a judgment of dismissal following the sustaining of a demurrer without leave to amend.
Appellant alleged in his complaint that he went to a 7-Eleven store to purchase two California Lottery tickets. The store clerk informed him that the terminal was not functioning properly and that only tickets with terminal-generated number selections could be...
Views: 0
Opinion
I. Introduction
This appeal by Manuel Glenn Abascal challenges an allocation of attorney fees upon settlement of class action litigation arising from the assessment of various checking account fees by Wells Fargo Bank, N. A., and Crocker National Bank. We previously affirmed a judgment approving the settlement in
Rebney
v.
Wells Fargo Bank
(1990) 220 Cal...
Views: 0
Opinion
—Appellants appeal an injunction which limits their access to patients of Dr. Edward Allred, owner and operator of Family Planning Associates Medical Group (FPAM). In particular, they object to the court’s restraining their entry onto the private parking lot of the professional center in which FPAM is located.
I
Appellants have picketed FPAM for several years, but, until...
Views: 1
Opinion —George Horeczko (appellant) appeals from a judgment of the superior court which denied his petition for a writ of administrative mandamus directing the State Board of Registration for Professional Engineers and Land Surveyors (the Board) to approve his application for permission to use the title “geotechnical (soils) engineer.” We have examined the statutory scheme under which his appl...
Views: 0
232 Cal. App. 3d 1432 (1991)
284 Cal. Rptr. 154
EMMA CASTRO et al., Plaintiffs and Appellants,
v.
LOS ANGELES COUNTY BOARD OF SUPERVISORS et al., Defendants and Respondents.
Docket No. B053611.
Court of Appeals of California, Second District, Division Three.
August 2, 1991.
*1433 COUNSEL
Litt & Stormer, Dan Stormer and Virginia Keeny for Plaintiffs and Appellants. *1434 Nossaman, Guthner, Kno...
Views: 0
232 Cal.App.3d 1446 (1991)
284 Cal. Rptr. 171
FRIENDS OF LA VINA et al., Plaintiffs and Respondents,
v.
COUNTY OF LOS ANGELES, Defendant and Appellant; CANTWELL-ANDERSON, INC., et al., Real Parties in Interest and Appellants.
Docket No. B053286.
Court of Appeals of California, Second District, Division Two.
August 5, 1991.
*1449 COUNSEL
De Witt W. Clinton, County Counsel, Charles J. Moore and Ric...
Views: 0
Opinion
—In this case we hold that individual members of a homeowners association in a planned residential development have no standing to maintain an action against insurance companies on policies purchased by and issued to the homeowners association managing the development and under which plaintiffs are not insureds. We therefore affirm summary judgment in favor of defendants United Pa...
Views: 0
232 Cal.App.3d 1518 (1991)
284 Cal. Rptr. 201
In re the Marriage of CAROLE and GEORGE KILBOURNE.
CAROLE M. KILBOURNE, Respondent,
v.
GEORGE W. KILBOURNE, Appellant.
Docket No. A044736.
Court of Appeals of California, First District, Division One.
August 6, 1991.
*1520 COUNSEL
Frank R. Frisch for Appellant.
William F. Urich for Respondent.
[Opinion certified for partial publication.[]]
OPINION
DO...
Views: 0
Opinion
—“For every wrong there is a remedy.” (Civ. Code, § 3523.) Here the remedy is restitution: “. . . restoration of anything to its rightful owner; the act of making good or giving equivalent for any loss, damage, or injury . . . .” (Black’s Law Diet. (5th ed. 1979) p. 1180, col. 2.)
Gardiner Solder Company (Gardiner) appeals from the judgment in favor of respondents, SupAlloy ...
Views: 0
232 Cal.App.3d 1571 (1991)
284 Cal. Rptr. 211
THE PEOPLE, Plaintiff and Respondent,
v.
JOSE D. GUTIERREZ, Defendant and Appellant.
Docket No. A051889.
Court of Appeals of California, First District, Division Five.
August 7, 1991.
*1572 COUNSEL
James B. Laflin, under appointment by the Court of Appeal, for Defendant and Appellant.
Daniel E. Lungren, Attorney General, George Williamson, Chief Assis...
Views: 1
*1594
Opinion
—Penal Code
1
section 290 requires registration of persons convicted of various sex offenses, including assault with intent to commit rape or sodomy under section 220. The statute does not expressly require registration upon conviction of assault with intent to commit oral copulation, another crime listed in section 220, but does so for conviction of felo...
Views: 0
Page 222
Opinion
Introduction
Defendant and appellant Mohammed Iqbal Noor (Noor) appeals the judgment entered following a jury verdict in the amount of $90,000 in favor of plaintiffs and respondents Donald L. Vaughn and Betty Vaughn (the Vaughns) for wrongful death of their son. Noor contends the trial court committed prejudicial error when it failed to give the jury a “start anew” instructio...
Views: 0
Opinion
Section 1714.10 of the Civil Code
1
requires an order of court as a condition precedent to suit against an attorney alleging a civil conspiracy with the attorney’s client. We hold that this requirement is not jurisdictional and that, absent timely objection to a complaint filed without permission of court, the protection conferred by section 1714.10 is waived.
Fact...
Views: 2
Opinion —Appellant Daniel Guiterrez appeals following jury trial where he was convicted on five counts of violating Penal Code sections 261, subdivision (2), and 264.1 (rape by force while acting in concert with others). He asserts the court erred (1) by refusing to instruct on the offense of battery; (2) by denying his motion for judgment of acquittal and for a new trial based on the insuffici...
Views: 2
232 Cal.App.3d 1643 (1991)
284 Cal. Rptr. 241
THE PEOPLE, Plaintiff and Respondent,
v.
TONY MARCUS WILLIAMS, Defendant and Appellant.
Docket No. A048434.
Court of Appeals of California, First District, Division Two.
August 8, 1991.
*1645 COUNSEL
Joann M. Cook, under appointment by the Court of Appeal, for Defendant and Appellant.
Daniel E. Lungren, Attorney General, and Christopher W. Grove, Depu...
Views: 1
Page 244
Opinion
—The chief questions presented by this appeal are whether plaintiff, a publicly employed social worker, stated facts sufficient to constitute a cause of action in her complaint based upon an allegedly defamatory letter written by defendant to plaintiff’s supervisor and whether plaintiff is a “public official” within the meaning of
New York Times Co.
v.
Sullivan
...
Views: 0
Opinion
This is an appeal by defendant Alcove Investment, Inc. (Alcove), from an order staying arbitration of plaintiff’s claims against Alcove during the pendency of this litigation. We affirm.
Facts and Proceedings Below
The following facts are taken from the record on the motion to stay arbitration including the verified first amended complaint and deposition of plaintiff, Ro...
Views: 1
Opinion Michele Cox appeals from a summary judgment and judgment of dismissal granted in favor of the municipal court, North County Judicial District (District), on her first amended complaint for damages arising from her alleged wrongful termination from employment with District as a deputy clerk. 1 Although her amended complaint alleged four causes of action, her appellate reply brief clari...
Views: 1
Opinion
Plaintiffs Hiroko Sugimoto et al. and Doreen Schoenberg et al. appeal the orders dismissing without prejudice their actions against defendants Exportadora de Sal, S.A. de C.V. (Exportadora) et al. following the removal of the actions to federal court.
1
We reverse.
Factual and Procedural Background
On September 30, 1987, a Cessna aircraft enroute to Tiajuana f...
Views: 0
Opinion Appellant Commissioner of Insurance of the State of California (Commissioner) appeals from a judgment granting respondent National Indemnity Company (National) a peremptory writ of mandamus. The issue is whether Insurance Code section 1861.03, subdivision (c)(1), 1 which restricts an insurer’s right to cancel and to refuse to renew “automobile insurance,” applies to commercial motor v...
Views: 2
54 Cal.3d 56 (1991)
813 P.2d 1318
284 Cal. Rptr. 288
THE PEOPLE, Plaintiff and Respondent,
v.
MICHAEL GORDON TILBURY, Defendant and Appellant.
Docket No. S012984.
Supreme Court of California.
August 1, 1991.
*58 COUNSEL
Charles R. Khoury, Jr., under appointment by the Supreme Court, for Defendant and Appellant.
Jean F. Matulis, Joseph A. Ragazzo and Stacy C. Mickell as Amici Curiae on behalf of D...
Views: 0
Page 305
54 Cal.3d 82 (1991)
813 P.2d 1335
284 Cal. Rptr. 305
In re JAMES F. HORTON II on Habeas Corpus.
Docket No. S012531.
Supreme Court of California.
August 12, 1991.
*86 COUNSEL
Altshuler & Berzon, Altshuler, Berzon, Nussbaum, Berzon & Rubin, Michael Rubin and Marsha S. Berzon for Petitioner.
John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart, Chief Assistant At...
Views: 2
54 Cal.3d 105 (1991)
813 P.2d 1348
284 Cal. Rptr. 318
MYRETTA ADAMS, as Conservator, etc., Plaintiff and Respondent,
v.
CLIFFORD MURAKAMI, Defendant and Appellant.
Docket No. S003530.
Supreme Court of California.
August 15, 1991.
*108 COUNSEL
Kirtland & Packard, Horvitz, Levy & Amerian, Horvitz & Levy, Barry R. Levy, Ellis J. Horvitz, S. Thomas Todd, Loren Homer Kraus, Greines, Martin...
Views: 2
Opinion
We consider the recommendation of the Review Department of the State Bar Court to revoke petitioner’s probation for failing to comply with our order in a prior disciplinary matter (Bar Mise. No. 5066). After considering the evidence and petitioner’s contentions, we adopt the recommendation of the review department.
I. Findings of Fact
A. Previous discipline
Petitioner was admitted to the ...
Views: 0
*887
Opinion
—In this personal injury action stemming from a shooting incident at Cal Expo, plaintiff Dion Turner appeals a judgment of dismissal entered after the trial court granted summary judgment to all defendants. Plaintiff contends summary judgment was improper because defendants failed to negate all claims stated in the complaint and the court erred in precluding a claim ...
Views: 1
*1531 Opinion —Appellant challenges the validity of his out-of-state prior convictions which were used to enhance his sentence. Facts Appellant was charged with 15 offenses arising out of a series of armed robberies and assaults. The most serious charge was aggravated assault by an habitual offender (Pen. Code, § 667.7). 1 Appellant pled guilty to two counts of possession of a firearm b...
Views: 1
Opinion The issue in this case is whether an unrecorded will can sever a joint tenancy. We hold it cannot. Background On August 12, 1969, Vonda B. England (Vonda) and her husband James H. England (James) became joint tenants of real property located at 600-602 North Parkman Avenue in Los Angeles (the property). James died on August 26, 1989, leaving behind the following handwritten will: ...
Views: 2
233 Cal.App.3d 103 (1991)
284 Cal. Rptr. 367
PETERSON DEVELOPMENT COMPANY, INC., et al., Plaintiffs and Appellants,
v.
TORREY PINES BANK et al., Defendants and Respondents.
Docket Nos. D012843, D013435.
Court of Appeals of California, Fourth District, Division One.
August 9, 1991.
*107 COUNSEL
Thor O. Emblem and Tracy L. Emblem for Plaintiffs and Appellants.
Brobeck, Phleger & Harrison, Willi...
Views: 1
Opinion
In the published portion of this opinion we conclude that a defendant in a criminal proceeding, who becomes indigent after retaining defense counsel, is not necessarily denied effective representation by reason of a trial court decision not to accord appointed status to his counsel in order to assure that the attorney is paid. We do this in the context of attorneys who are willing...
Views: 1
*154 Opinion Defendant was charged as follows: counts I and II—inflicting corporal injury on his spouse (Pen. Code, § 273.5, subd. (a)) 1 and count III—assault with a deadly weapon (§ 245, subd. (a)(1)). On August 8, 1989, the court allowed the People to amend the information to allege defendant personally used a firearm in the commission of count III (§ 12022.5). On that same date, the c...
Views: 0
Opinion Appellant Ramon Vega Limones was charged with (I) possession or purchase of cocaine for sale, in violation of Health and Safety Code section 11351, (II) driving an unregistered motor vehicle in violation of former Vehicle Code section 4000, subdivision (a), and (III) failure to provide proof of financial responsibility for the vehicle in violation of former Vehicle Code section 16028, s...
Views: 0
Page 423
Opinion Appellant and defendant Michael Donnel Niles (defendant) appeals from the judgment entered after the jury found defendant guilty of murdering his wife for financial gain and set the penalty at life in prison without possibility of parole. We conclude that defendant’s contentions on appeal lack merit. Statement of the Case In a two-count felony information, the District Attorney of R...
Views: 0
Opinion
This appeal raises questions concerning the validity of a conditional use permit and negative declaration of environmental impact issued in connection with a religious organization’s application to convert a single-family residence into a neighborhood synagogue with associated uses. The appeal is taken by real party Chabad of North Bay, Inc. (Chabad), from a judgment granting a wr...
Views: 0
Opinion
Appelant Cottrell Antoine Williams appeals from the judgment convicting him of sale of a controlled substance to a minor (Health & Saf. Code, § 11353),
1
furnishing a controlled substance (§ 11352), and possession of cocaine base for sale (§ 11351.5). Appellant contends that the trial court committed reversible error in (1) failing to give a special instruction regardin...
Views: 3
Page 458
Opinion After a jury convicted defendant of writing checks with insufficient funds (Pen. Code, § 476a, subd. (a)), the trial court suspended *218imposition of sentence and granted her probation. Among the terms of defendant’s probation were a reporting requirement, payment of restitution and a prohibition against defendant maintaining a checking account. A petition for revocation of probation was ...
Views: 0
Opinion Defendant and appellant Robert C. is the father of minors Travis C. and Seth C., dependents of the Riverside County Juvenile Court. The boys were five and three years old, respectively, when the Riverside *285 County Department of Public Social Services (DPSS) filed a petition seeking the Riverside County Juvenile Court’s protection on their behalf, pursuant to Welfare and Institution...
Views: 0
Opinion
Defendant Moises Aceves (Aceves) appeals from the summary judgment entered in favor of the Aetna Casualty & Surety Company (Aetna) in Aetna’s action for declaratory relief. The judgment established that Aetna had no duty to defend or indemnify Aceves’s employer with respect to injuries Aceves suffered in the course and scope of his employment. Aceves argues on appeal that (1) the ...
Views: 0
Page 487
Opinion Plaintiffs Thomas E. Rose and Beverly J. Todd appeal from a judgment dismissing their action against defendants Daniel Robert Scott and Novella Simonson for failure to bring the action to trial within the time prescribed by law. (Code Civ. Proc., § 583.360.) 1 Based on the enactment of section 583.340 and the Law Revision Commission comment thereto we reverse the judgment. Procedura...
Views: 0
*371
Opinion
Kent Arthur Blackman appeals a summary judgment granted in favor of Great American First Savings Bank (Great American), stating it was not vicariously liable for injuries Blackman incurred when he was involved in a collision with Sue Petersen-Parker (Petersen), a Great American employee. At the time of the collision, Petersen was leaving the Great American parking lo...
Views: 0
Opinion In this proceeding, we hold that petitioners, who obtained partial reversal on appeal of a superior court judgment, may disqualify the original trial judge from presiding over the partial retrial of the case. *344 Facts This lawsuit involves the dissolution of Stegs Investments, a partnership consisting of petitioners Harley Stegman, Benjamin Stegman (now deceased) and Golda Stegm...
Views: 1
Opinion
Burbank-Glendale-Pasadena Airport Authority (Authority) appeals from judgment (1) granting Robert R. Hensler’s motion for peremptory writ of mandate for violation of the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq., hereinafter CEQA) asserted in connection with Hensler’s cross-complaint for writ of mandate for violations of CEQA, in Authority’s action...
Views: 1
Page 511
Opinion
Defendant Denny Mickle was convicted of one count of first degree murder (Pen. Code, § 187)1 with personal use of a knife (§ 12022, subd. (b)), and arson (§ 451, subd. (b)). Under the 1978 death penalty law, the jury found true a special circumstance that the murder occurred while defendant was engaged in the commission of a lewd and lascivious act upon a minor. (§ 190.2, subd. (a)(17)(v)...
Views: 0
233 Cal.App.3d 699 (1991)
284 Cal. Rptr. 555
M.B., Plaintiff and Appellant,
v.
CITY OF SAN DIEGO, Defendant and Respondent.
Docket No. D012036.
Court of Appeals of California, Fourth District, Division One.
July 30, 1991.
*702 COUNSEL
Liebman, Reiner & McNeil and Joseph R. Zamora for Plaintiff and Appellant.
John W. Witt, City Attorney, Eugene P. Gordon, Chief Deputy City Attorney, and Penny ...
Views: 1
Opinion
In this appeal, we are asked to determine whether a deed executed in 1895 by appellants’ ancestor in favor of respondent’s predecessor in interest constitutes a grant of land in fee simple or merely the conveyance of an easement for the operation of a railroad. If the conveyance
*179
was of an easement only, we are also asked to determine whether respondent acquired f...
Views: 0
*235
Opinion
Gary Neal Johnson appeals a judgment of conviction entered after severed trials on charges of murder and kidnapping, with allegations of firearm use, prior convictions, and special circumstances.
In the first trial, the jury found defendant guilty of the second degree murder of Adrianne Gilliam, who disappeared in June 1979.
In the second trial, concerning ...
Views: 3
Opinion
The petition for writ of mandate, filed on February 5, 1991; the opposition, filed May 10, 1991; the supplemental memorandum of points and authorities in support of petition, filed May 10, 1991; response to the supplemental memorandum of points and authorities, filed May 30, 1991; the request to dissolve stay or, in the alternative, petition for writ of
*271
habeas co...
Views: 1
Opinion
Appellant American Bankers Insurance Company of Florida (American) was the surety on a bail bond. When the defendant failed to appear in court, the bail was forfeited. The defendant later reappeared in court but American took no steps seeking relief from the forfeiture within the statutory period. Summary judgment of forfeiture was then entered, and American moved to set the judgm...
Views: 1
Opinion
Plaintiff has appealed from the order of April 20, 1989, granting defendant Anthony Van Diest’s motion to dismiss brought under sections 583.210 and 583.250 of the Code of Civil Procedure. The order of April 20, 1989, is a nonappealable order. The actual judgment of dismissal was ordered May 5, 1989, and so we shall deem the appeal to have been taken from the judgment.
One of the grounds ...
Views: 3
Page 628
Opinion Appellant and defendant Arthur Newman appeals from his conviction following a jury trial of submitting a false or fraudulent claim for payment of a loss (Ins. Code, § 556, subd. (a)(1))1 and preparing, making, or subscribing a writing in support of a false or fraudulent claim for payment of a loss (Ins. Code, § 556, subd. (a)(4)).2 Appellant contends that there was insufficient evidence to...
Views: 0
*379
Opinion
Appellant Elizabeth Getz appeals from a judgment denying her petition for a writ of mandate (Code Civ. Proc., § 1094.5) reviewing an administrative rent control decision of respondent rent stabilization department of respondent City of West Hollywood.
Under “vacancy decontrol” provisions of respondents’ rent control ordinance and regulations, appellant, a landlo...
Views: 1
Opinion
This appeal requires interpretation of Insurance Code1 section 11580.9, subdivision (c), which generally provides that when a loss arises in connection with the loading or unloading of a vehicle, and there are two or more policies of insurance “applicable to the same loss,” the insurance policy which covers the premises is presumed to be the primary policy, and the vehicle insurance polic...
Views: 0
Page 650
*392
Opinion
In this case of first impression, we decide Probate Code section 6122,
1
California’s “revocation by divorce” statute, applies where the testator executes a will before marriage naming as beneficiary a person whom he or she later marries and divorces. We also conclude the trial court properly struck evidence of the decedent’s intent regarding disposition o...
Views: 0
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 672
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 673
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY...
Views: 0
Opinion On March 27, 1990, a petition was filed alleging that minor Jason J. came within the provisions of Welfare and Institutions Code section 602. 1 The petition charged minor with robbery (Pen. Code, § 211), with a special allegation that a principal was armed with a firearm in the commission of the offense (Pen. Code, § 12022, subd. (a)). Minor admitted the robbery, and on the People’s m...
Views: 2
Page 679
Opinion
Defendant and appellant Raekubian Alexander Barrow (appellant) was charged with robbery (Pen. Code, § 211). The information also alleged that appellant had one serious prior felony conviction within the meaning of Penal Code section 667 and one prison prior felony conviction within the meaning of Penal Code section 667.5, subdivision (b). A jury found him guilty of second degree r...
Views: 0
Opinion
Plaintiff and appellant Merced County Mutual Fire Insurance Company (Merced Mutual) appeals from a judgment of dismissal entered after sustaining without leave to amend defendant and respondent State of California’s (State) demurrer to the first amended complaint.
The State demurred to the original complaint on the grounds it failed to include an indispensable party and faile...
Views: 1
Opinion
Plaintiff California Aviation, Inc. (CAI) appeals from the judgment dismissing its case entered following the trial court’s grant of defendant Arthur Leeds’s (Leeds) summary judgment motion. CAI filed a chapter 11 bankruptcy petition, and later sued Leeds, an attorney, for malpractice allegedly arising from his representation of CAI in an earlier case. Leeds successfully argued th...
Views: 0
Opinion
In this case we must determine if the parties agreed to arbitrate a dispute involving the firing of a deputy public defender who is covered by a memorandum of understanding between his union and the county. We conclude that as an “at-will” employee his dismissal is not arbitrable.
Plaintiff, the California Teamsters Public, Professional and Medical Employees Union, Local 911A (the Union),...
Views: 0
Opinion
Xerox Corporation appeals the trial court’s order granting attorney’s fees to respondents Thomas E. and Mary Beth Kavanaugh. We conclude that Xerox was not a passive beneficiary of the litigation and therefore the award of attorney’s fees pursuant to Labor Code section 3856
1
was improper. The judgment is reversed.
Facts and Procedural Background
On May 23, 19...
Views: 1
Opinion
Pursuant to section 12987 of the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) (the act), the Fair Employment and Housing Commission (the commission) is authorized to order a respondent who is found to have violated the housing provisions of the act to pay “punitive damages in an amount not to exceed one thousand dollars ($1,000) . . . and the payment of actual d...
Views: 2
*248
Opinion
Introduction
The Hollywood Redevelopment Project (the Project) was adopted by the Los Angeles City Council on May 7, 1986, and signed by the mayor on May 9,1986. It establishes a project area of approximately 1,100 acres in that part of the city known as Hollywood. The primary goals of the Project are the elimination of blight and revitalization of the area. The...
Views: 0
Page 757
230 Cal. App. 3d 1072 (1991)
284 Cal. Rptr. 757
THE PEOPLE, Plaintiff and Respondent,
v.
RUBEN JAMES COTTON, Defendant and Appellant. In re RUBEN JAMES COTTON on Habeas Corpus.
Docket Nos. A050688, A052267.
Court of Appeals of California, First District, Division Five.
May 30, 1991.
*1076 COUNSEL
Edwin J. Wilson, Jr., and John P. Mortimer for Defendant and Appellant.
*1077 Daniel E. Lungren, Atto...
Views: 3
233 Cal.App.3d 892 (1991)
284 Cal. Rptr. 824
SUNNILAND FRUIT, INC., Plaintiff, Cross-defendant and Appellant,
v.
SAVERIO VERNI, Defendant, Cross-complainant and Appellant.
Docket No. F011066.
Court of Appeals of California, Fifth District.
August 26, 1991.
*894 COUNSEL
Burger & Flaherty, Peter H. Mixon and Ralf Christe for Plaintiff, Cross-defendant and Appellant. *895 Chinello, Chinello, She...
Views: 0
Opinion
In this case, we hold that a judgment debtor’s interest in a partnership (meaning the right to share in the profits and surplus) may be foreclosed upon and sold, even though other partners do not consent to the sale, provided the foreclosure does not unduly interfere with the partnership business.
Judgment debtor John B. Anderson (Anderson) appeals from the trial court’s orde...
Views: 0
Opinion
In this case we consider the authority of the California State Personnel Board (Board) to receive postdismissal evidence of rehabilitation in mitigation of the discipline imposed by the appointing power. We hold that the Board has the authority to receive such evidence and in appropriate cases to reduce the discipline in light of this mitigating evidence.
The Department of Pa...
Views: 1
Opinion Defendant Mario Steven Howington was charged by information of one count of sale of “A Controlled Substance, to Wit: Rock Cocaine, in Violation of Health and Safety Code Section 11352, A FELONY.” 1 The jury returned a verdict finding defendant “guilty of Felony, to wit: Sell Narcotic Controlled Substance, in violation of Section 11352 of the Health and Safety Code, as charged in the f...
Views: 0
Opinion
Plaintiffs, individual insurance agents and brokers and their trade associations, appeal from a judgment denying the relief sought in a petition for writ of mandate and complaint for declaratory relief. This appeal concerns a provision of Proposition 103, an initiative measure adopted at the November 8, 1988, General Election. The trial court held the provision, which expressly re...
Views: 1
Page 913
Opinion
The defendants, Charles and Marilyn Telfer, appeal from their respective convictions of various drug-related offenses. We affirm in part and reverse in part.
Factual and Procedural Background
While executing a search warrant at the defendants’ residence in Apple Valley on August 24, 1988, deputy sheriffs of the County of San Bernardino discovered approximately two pounds...
Views: 1
Opinion
Statement of the Case
Plaintiff Lawrence Demkowski filed an action against defendant Soon Keun Lee for personal injuries he suffered when her car collided with his. Demkowski’s employer, the City of San Jose (City), filed a complaint in intervention against Lee to recover the workers’ compensation benefits it had paid Demkowski as a result of the accident. After a trial, ...
Views: 1
 | |
