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All Reporters → cal-rptr → Volume 38

Opinions in cal-rptr Volume 38

Defendants appeal from judgments, based on jury verdicts, finding them guilty of possession of marijuana in violation of section 11530 of the Health and Safety Code. The sole question presented is whether the arresting officers had reasonable and probable cause to enter Beeves’ hotel room, and there search that room, and arrest Beeves and also Tuttle, the other occupant of that room. We have concl...
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Does the excessive acceleration of an automobile on a highway in such manner as to cause the tires to scream loudly and to lose traction on the roadway constitute an “exhibition of speed on a highway" in violation of Vehicle Code section 23109? This is the question posed in this proceeding. It was determined affirmatively by the Judge of the Municipal Court of the Santa Monica Judicial District a...
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226 Cal.App.2d 246 (1964) DOUGLAS F. CHANNELL et al., Petitioners, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; PATRICK A. MILLER et al., Real Parties in Interest. Civ. No. 10813. California Court of Appeals. Third Dist. April 9, 1964. Allan B. O'Connor for Petitioners. No appearance for Respondent. Edward T. McCarty and John J. Hannegan for Real Parties in Interest. SCHOTTKY, J...
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After a trial to the court (jury having been duly waived), defendant was found guilty of a violation of section 288 of the Penal Code. It is conceded that the evidence, although in conflict, was sufficient to sustain the finding of guilt and no contention in that regard is made on this appeal. Court-appointed counsel raises only questions concerning the validity of the proceedings taken after t...
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Appellant filed suit against his employer, the respondent, California Motor Express Company, Ltd., seeking specific performance and damages for alleged breach of a collective bargaining agreement. Appellant also named his union, Local 85 International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, as a party defendant, but the union has never been served with summons...
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This is an appeal by defendants, C. E. Toberman and Josephine W. Toberman, from a judgment granting declaratory relief to plaintiffs, Harry and Sophie Rubin. 1 *322 A résumé of the facts necessary for a disposition of the issues on appeal may be summarized as follows: In September of 1961, plaintiffs purchased from defendants a vacant hillside lot in the Hollywood Hills se...
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Plaintiffs brought this action for damages and to restrain defendants from maintaining a thick growth of a line of 16 Forbes Cypress trees which were blocking their view. From a judgment awarding damages and granting an injunction, defendants appeal. Plaintiffs Harold and Ruth Mock and defendants Harold and Beverly King Shulman are adjacent property owners of hillside lots. Mocks’ property is i...
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This action was brought by the plaintiffs, cross-defendants and respondents, Phillip L. McCray and Russell L. Brown (hereinafter called plaintiffs), lessees, against defendant, cross-complainant and appellant, C. W. Carlstrom, doing business as Linda Vista Development Company (hereinafter referred to as defendant) to determine the respective rights and obligations under a lease agreement dated and...
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The defendants, Meeks & Daley Water Com pany and Agua Mansa Water Company, are mutual water companies engaged in delivering water to their stockholders only, at cost. Plaintiff, by this proceeding in eminent domain exercised pursuant to the power vested in it by the Municipal Water District Act of 1911, seeks to condemn the prescriptive and appropriative water rights and the diversion facilitie...
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The sole question presented in this matter is whether the commission erred in its determination that the contract of hire pursuant to which the respondent Clyde D. Coplin worked for the petitioner Chicago Bridge & Iron Company was made in California and that, accordingly, the commission had jurisdiction with respect to an injury to Mr. Coplin which occurred in Nevada. 1 The article...
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This is an appeal by defendant Mary Detlefs Nilson from a judgment imposing a constructive trust on certain real property held by her and claimed by plaintiff, Norma Detlefs Nilson Briggs. Basically, this is a dispute between a mother and daughter concerning the ownership of four parcels of real property. We state the facts as contended by respondent and as found in her favor by the trial cou...
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Petition for writ of prohibition commanding the Superior Court of San Mateo County to desist from proceeding further in certain contempt proceedings arising from petitioner’s failure to comply with an order for the support of real party in interest. QUESTION PRESENTED. May a California divorce decree awarding alimony be collaterally attacked by a prior Nevada judgment of divorce and c...
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226 Cal.App.2d 497 (1964) WOODROW E. BOHRN et al., Plaintiffs and Resondents, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al., Defendants, Cross- complainants and Appellants; FARMERS INSURANCE EXCHANGE et al., Cross- defendants and Respondents. Civ. No. 10748. California Court of Appeals. Third Dist. April 20, 1964. Rich, Fuidge, Dawson & Marsh and Charles C. Dawson, Jr., for Def...
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Appeal is taken from a declara tory judgment entered in favor of plaintiffs and against two insurance companies. Woodrow W. Bohrn and Billy A. Bohrn, his son, as plaintiffs, instituted the action against State Farm Mutual Automobile Insurance Company (hereinafter referred to as “State Farm”), as defendant. State Farm answered, and by way of cross-complaint brought in Farmers Insurance Exchange (he...
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This is an appeal from a portion of an order determining the interests in decedent’s estate. Stella Rust Delany, who died June 16, 1961, left an estate of the approximate value of $67,000, which included a dwelling house (the family home) and the furniture therein at Avalon, California. Her formal typewritten will of January 16, 1961, (apparently prepared by an attorney), and a formal typewritten ...
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Plaintiff Verne Arneson, a licensed real estate broker, brought this action to recover a real estate commission in the amount of $7,500 from defendant Marvin Webster. The complaint alleged a written agreement by defendant to *372pay plaintiff the commission on the sale of a motel to Albert Hines; that plaintiff had fully performed under the agreement but had not been paid. Defendant, answered, adm...
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Plaintiffs herein brought this ac tion for personal injuries allegedly sustained in this state as a result of a boiler explosion that occurred on or about September 24, 1961. The complaint alleges that the boiler in question was manufactured by Birchfield Boiler, Inc., a Washington corporation, and sold and installed by A. J. Setting doing business as A. J. Setting Company. Summons and complain...
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This is an appeal from an order of the Superior Court of Stanislaus County denying a change of custody of 6-year-old Mark Smallwood from his father, respondent Carol Smallwood, to his mother, appellant Jackie Huntington, formerly Jackie Smallwood. In the original Smallwood interlocutory decree of divorce filed in Stanislaus County on September 8, 1961, custody of *594the child was awarded to the a...
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Glen Kristian Mikkelsen, a minor aged 13, appeals from a judgment of the Juvenile Court of Santa Clara County, which found that he came within the provisions of section 602 of the Welfare and Institutions Code, made him a ward of the court, and released him on probation to the care and custody of his parents and the probation officer. 1 The facts are not in dispute. The petition of the probat...
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This is an action to recover damages for injuries to the plaintiff’s left arm sustained as the result of alleged malpractice and negligence in the performance of certain emergency procedures to save her life after she suffered *442 a vascular collapse following abdominal surgery, The plaintiff settled with the defendant, Mt. Zion Hospital, and the only issue on this appeal is whether the court ...
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In this action brought to recover certain sums allegedly paid by plaintiff in purchasing freight bills of defendant’s trucking company, plaintiff appeals from a judgment entered on a jury verdict in favor of defendant and against plaintiff and also from an order denying plaintiff’s motion for judgment notwithstanding the verdict. Plaintiff, Transport Clearings-Bay Area (hereafter referred ...
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Defendant William M. Greuner, Jr., appeals from that portion of the judgment which holds that the trust involved herein was revocable only during the lifetime of his father, William M. Greuner, Sr. The latter owned seven insurance policies issued upon his life. On May 24, 1932, he assigned these policies to appellant under an oral agreement with him that he in turn would assign them to Wel...
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Plaintiff was a rider in an automobile owned and driven by defendant Acker. Mr. Acker was *611 involved in a collision when his car struck the rear end of a vehicle being driven by defendant Hackbarth. When the accident happened, the latter was either making, or preparing to make, a left turn at an intersection. Plaintiff was injured and sued both Mr. Acker and Mr. Hackbarth to recover damages....
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The problem here is to determine what relief is appropriate when a minority of the members of an unincorporated church incorporates the group contrary to the wishes of the majority. The background, as it appears from the trial court’s findings and from the evidence most favorable to the plaintiffs, will be stated. The Greater Gethsemane Missionary Baptist Church was formed by the oral...
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The plaintiffs have appealed from a judgment in favor of the defendants in a stockholders’ derivative suit wherein minority stockholders challenged the propriety of the sale of assets of the Maier Brewing Company, a corporation, to S & P Company, a corporation. The plaintiffs have also appealed from orders of the trial court with respect to costs claimed by the defendants. 1 At the...
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Plaintiff sued the City of Los Angeles for damages for personal injuries resulting from a fall caused by the defective condition of a public sidewalk. After plaintiff rested her case, defendant city moved for judgment pursuant to section 631.8 of the Code of Civil Procedure without producing evidence. The motion was granted, findings that the city had no actual or constructive notice of the dan...
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This is a proceeding wherein petitioners seek alternatively a writ of mandate or prohibition arising out of a denial of their motion for a change of venue, in an action by the County of Riverside against them and other defendants. In the superior court the petitioners had filed demurrers to the complaint; these demurrers had been heard and submitted for decision under an order granting the partie...
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Appellant filed a complaint against respondent seeking an injunction and damages for alleged unfair competition. Respondent’s general demurrer to the complaint was sustained without leave to amend and appellant appeals from the judgment thereafter entered. These allegations appear in the complaint: “V. Ever since on or about June 19, 1962, plaintiff has been and now is engaged in the busin...
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Plaintiff appeals from judgment reducing alimony. Question Presented. Was the “Marriage Settlement Agreement” providing alimony an integrated agreement? Record. There is no dispute as to the facts. June 5, 1957, after nearly 32 years of marriage, an interlocutory decree of divorce was entered granting plaintiff a divorce from defendant on the ground of extreme cruelty. Durin...
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Plaintiff Carney L. Love suffered a serious and severe anemia following the administration of an antibiotic, Chloromycetin, prescribed by defendant John Wolf, M.D., and manufactured by defendant Parke-Davis and Company. She recovered a judgment against these defendants after a jury trial and verdict in the sum of $334,046. They appeal. 1 Misconduct of plaintiff’s trial counsel, egr...
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The People appeal from an order setting aside an indictment against defendants 1 under section 995 of the Penal Code. The sole question presented is whether the trial court erred in dismissing the indictment on the ground that defendants were indicted without reasonable or probable cause. We are thus called upon to determine whether the evidence received by the grand jury was suffic...
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Residential property in Berkeley Square, in Los Angeles, was condemned in eminent domain proceedings for use as a public school site. Two actions were consolidated for trial and six parcels of property were involved. Judgment based upon special verdicts for each defendant, awarding compensation, was entered from which two of the defendants appeal. Berkeley Square Tract was created by its s...
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Defendant appeals from a judg ment in plaintiff’s favor in the sum of $2,547.70 based upon a complaint seeking declaratory relief. The court found that on or about June 5, 1959, plaintiff and defendant John E. Preuss, individually and doing business as John E. Preuss Trucking Company, entered into an oral contract whereby plaintiff was to have the possession and use of a certain 39-ton, 60-foot, 1...
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Forty-one California school districts joined to bring this declaratory relief action against the State Superintendent of Public Instruction, the members of the State Board of Education, and the county committees on school district organization. The complaint prayed for an adjudication of the constitutionality of Education Code sections 3581-3587, 3113, 3169, and 2842, 1 and for a jud...
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Petitioner seeks a writ of prohibition restraining the Municipal Court of the City of Los Angeles from prosecuting petitioner for violation of section 41.18 (b) of the Los Angeles Municipal Code, a loitering ordinance, contending such ordinance is invalid in that the State of California, by the provisions of Penal Code section 647, has preempted the field encompassing loitering offenses. The two ...
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Petitioner (Diller) is a director of Mountain View Savings and Loan Association. He obtained judgment *451 for writ of mandate compelling the association and its officers to allow him to inspect and copy from the records of the association. Biller’s petition is based upon section 7615.5 of the Financial Code, which provides in relevant part as follows: “Every director shall have the right a...
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The question considered here is whether a charge of contributing to the delinquency of a minor in violation of Penal Code, section 272, may be prosecuted by the City Attorney of Los Angeles. Our conclusion is that the city attorney may not prosecute, by reason of the language of section 272 declaring that “The district attorney shall prosecute all violations charged under this section. ” A...
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This action was commenced in the municipal court to recover damages against a physician who allegedly refused to furnish services for the sole reason that plaintiffs are Negroes. The complaint contains two causes of action. The first is on behalf of a minor child, who alleges that defendant refused to treat her on October 21, 1961. In the second cause of action the plaintiff is the father of th...
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In this eminent domain action defendants appeal only from that portion of the judgment denying them any severance damages. The trial court withdrew this issue from the jury on the ground that there was no physical contiguity between the defendants’ property which remained and that which was taken. The jury valued the take at $12,500 and appellants accepted this amount as full payment therefor. ...
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The sole issue on this appeal is the validity of plaintiffs’ claim for $609.22 interest. Plaintiffs recovered *545judgment on a contract for construction of a building and defendants had judgment on their cross-complaint for delay in completion. Only plaintiffs appealed from the judgment, and their appeal attacked only the award under the cross-complaint. Defendants promptly, in December 1960, dep...
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Appeal is taken by Fred Schwartz from the judgment herein in favor of plaintiff, from order dismissing cross-complaint and from the order denying appellant’s motion for a new trial. No appeal lies from the trial court’s denial of defendant’s motion for a new trial; that ruling may be reviewed only through an appeal from the judgment. (Hamasaki v. Flotho, 39 Cal. 2d 602, 608 [248 P.2d 910].) Plaint...
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Petitioner Robert Mott and others were indicted by the grand jury and charged with conspiracy (Pen. Code, § 182) in having conspired to accept bets (Pen. Code, § 337a). Petitioner’s motion to have the indictment set aside on the ground that it was without reasonable or prob *618 able cause was denied. He then proceeded in prohibition to prevent the superior court from trying him as charged. T...
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The Hertz Corporation, and its insurance carrier, Atlantic National Insurance Company, appeal from the judgment entered determining the rights of the several parties to this action for declaratory relief. It is uneontradicted that Francis E. Munson, a resident of New York, rented an automobile from appellant Hertz upon his arrival in Los Angeles on December 27, 1960. On January 5, 1961, he exch...
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Petitioners are defendants in a personal injury action brought by Gladys Bell (the real party in *717 interest herein), the attorney for one of such defendants, and that defendant’s insurance carrier. 1 The action is based on a claim of damages for personal injuries allegedly sustained as the result of an automobile accident which occurred on October 19, 1963. Suit was f...
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226 Cal.App.2d 650 (1964) CAROL DIETRICH, Plaintiff and Respondent, v. NOAH DIETRICH, Defendant and Appellant. Civ. No. 27368. California Court of Appeals. Second Dist., Div. Two. April 27, 1964. Crowley, Ruderman & Goffin and Arthur J. Crowley for Defendant and Appellant. Belcher, Henzie & Biegenzahn and George M. Henzie for Plaintiff and Respondent. HERNDON, Acting P. J. Defendan...
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The plaintiff State of Califor nia appeals from the judgment of dismissal entered against it in its action seeking to condemn certain parcels of land for state park purposes. The trial court, sitting without a jury in the trial of the preliminary legal issues relating to public use and necessity, found that the condemnation was for a “public use,” but that there was no public necessity ...
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The problems presented on these appeals relate to the controversy which was before the Supreme Court in Estate of Gilmaker, 57 Cal.2d 627 [21 Cal.Rptr. 585, 371 P.2d 321], In the opinion therein it was stated in part (57 Cal.2d, at page 633) : “The removal and substitution of a trustee is largely within the discretion of the trial court. [Citations.] It is undisputed, however, that t...
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On February 7, 1963, petitioner and his then wife (a divorce action between them being then pending) entered into what they denominated a “Separation, Support and Property Settlement Agreement.” Following substantially the form suggested in “Family Law for California Lawyers,” published in 1956 by the Committee on Continuing Education of The State Bar of California, this agreement recites that " ...
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A lumber mill agreed to pay Harve> Senter for logs delivered to it by him. Senter assigned to *632Brooks and others amounts due and to become due under this contract. The assignments, and other claims, exceeded the sum due to Senter, and the mill filed this interpleader action, paid into court the amount due, and was discharged. Division of Labor Law Enforcement asserted the rights of four wage...
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This is the fourth time that this case has been before the court on appeals. Prior decisions are reported in Orange County Water Dist. v. City of Riverside, 171 Cal.App.2d 518 [340 P.2d 1036] ; Orange County Water Dist. v. City of Riverside, 173 Cal.App.2d 137 [343 P.2d 450] and Orange County Water Dist. v. City of Riverside, 188...
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The petition of Jack Mitchell Williams is in form one for a writ of prohibition or other appropriate writ. For the reasons set forth in this opinion, the proceeding will result in the issuance of a writ of mandamus. If a writ of prohibition is uncalled for but the facts warrant positive relief, a writ of mandate may issue (Proctor & Gamble Mfg. Co. v. Superior Court, 124 ...
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Petitioners seek (1) a writ of mandate to compel the superior court to issue a writ of execution upon a judgment, and (2) a writ of prohibition to restrain the trial *706 court from proceeding with a new trial of the action in which the judgment was rendered for petitioners. The action was for damages resulting from a landslide; judgment for plaintiffs (petitioners, here) was entered upon a j...
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By indictment, defendants were charged, in four counts, with unlawfully selling narcotics in violation of section 11501 of the Health and Safety Code. In count one defendants were jointly charged with the unlawful sale of narcotics on January 3, 1962. In count two defendant Rosales (originally charged as Gilbert Rodriquez), was separately charged with a violation of section 11501 on January ...
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On December 5, 1962, petitioner filed an application for benefits, alleging an industrial injury on July 9, 1962, in the State of Nevada, where he alleged he was then employed by Reynolds Electrical & Engineering Co. (hereinafter Reynolds), under a contract of employment entered into in California. The commission, purportedly following its rules 10750 and 10752, served copies of the application...
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Is a cempensation carrier entitled to credit for payments made to an injured employee by the employer’s liability insurance carrier under the motorist clause or a medical benefits provision? The employer’s car, driven by employee Lillian Turci in the course and scope of her employment, was struck by an automobile driven by an uninsured motorist. Miss Turci was injured. The employer’s car was co...
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Appellant was convicted by a jury of violating Health and Safety Code, section 11503 (furnishing of substance other than narcotic after having agreed to furnish narcotic). On August 3, 1961, an undercover narcotics agent, together with an informer named Perez, approached appellant who was sitting in a car with two other occupants, for the expressly stated purpose of buying narcotics and as a co...
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Respondent sued his daughter for support and maintenance under Civil Code, section 206. 1 The trial court found that respondent is a poor person who is unable to maintain himself by work, who has no substantial assets, no income except $135 per month old age benefits “which were terminated when ... defendant [appellant] ... agreed to pay $150.00 per month for ... plaintiff until the ...
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In this proceeding we issued an alternative writ of mandamus for the purpose of reviewing an order of respondent court in which it refused to compel the real parties in interest (hereinafter referred to as defendants) to answer certain questions propounded at their depositions on oral interrogatories. The unanswered questions relate to defendants’ gains and profits from certain business transac...
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This case presents the issue of whether a corporation may enforce a bylaw restricting alienation of stock against a nonconsenting stockholder who acquired his stock prior to the enactment of the bylaw. We have concluded that the corporation may enforce such a bylaw. Defendants raise additional issues of waiver and estoppel which, as we point out below, are without merit. Plaintiff Russo owns 54 pe...
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Applicant David Schreifer sought compensation from his employer, the County of Los Angeles, and its insurer, State Compensation Insurance Fund, for injuries suffered by him as a result of an automobile accident. The referee of the commission found that the accident arose out of the course and scope of the employment. The commission, however, with one of its members dissenting, held that the injuri...
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On October 25, 1962, a default judgment of divorce was entered against appellant. The decree divided the *681community property of the parties,1 ordered the appellant to pay one dollar a month alimony, and awarded the custody of the two minor children to the respondent. On November 7, 1962, appellant, pursuant to Code of Civil Procedure, section 473, moved for an order to set aside the default,' f...
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Plaintiff is the former wife of defendant. She brings this action to establish a Utah divorce decree as a California judgment. The trial court entered a judgment confirming all except paragraphs 7 and 8 of the Utah decree. Plaintiff appeals, contending that the California courts must give full faith and credit to these two particular paragraphs as well as the remainder of the decree. The facts ...
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The question to be determined here is whether an award by the Industrial Accident Commission of permanent disability indemnity based on a different occupation of the applicant than that agreed upon by the parties was in excess of the commission’s jurisdiction and constituted a denial to the employer and its carrier, petitioners herein, of due process of law. We point out that the proceedings in...
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Appellant was convicted under Health and Safety Code, section 11530, for possession of a narcotic, to wit: marijuana, on or about June 24, 1962. Count one of the information charged possession of narcotics seized at the time *764 of arrest. Count two involved narcotics seized after a subsequent search of appellant’s apartment. The record shows that appellant, a Miss Thomas and one Singleton w...
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Appellants are Walter Ury, individually and as sole general partner of Woulf & Ury Jewelers, and Woulf & Ury, Inc., a corporation, residents of the State of California; respondents are Jewelers Acceptance Corporation and SEC Acceptance Corporation, residents of the State of New York, and two representatives of the companies. Appellants, plaintiffs, seek declaratory relief, rescission or reforma...
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On this appeal by defendant and cross-complainant, Elinor E. Petersen, hereinafter referred to as appellant, from a judgment entered in favor of plaintiff and cross-defendant, South Shore Land Company, a corporation, hereinafter referred to as respondent, upon the sustaining of a demurrer to appellant’s second amended answer and cross-complaint without leave to amend, the sole question is wheth...
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Melvin Peter Johnson, a minor, was arrested for purse snatching, grand theft under Penal Code section 487, subdivision 2. The matter was referred to the probation office, and a petition was then filed in the juvenile court alleging that Melvin Johnson had violated a penal statute. Appellant denied the allegations of the petition, a hearing was held, and the court found the petition to be true, ...
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A sexualpsychopath is defined as one affected with specified mental conditions “in a form predisposing to the commission of sexual offenses, and in a degree constituting him a menace to the health or safety of others” (Welf. & Inst. Code, § 5500). 1 Our question is whether the threat of psychological trauma to others, without likelihood of physical injury, constitutes such a menace. ...
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Malcolm E. Harris, Director of the Department of Alcoholic Beverage Control, appeals from an order denying the department’s petition for a writ of mandate to compel the Alcoholic Beverage Control Appeals Board to set aside its decision reversing certain orders of the department denying petitions for the transfer and reissuance of distilled spirits wholesaler’s and importer’s licenses and ordering ...
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61 Cal. 2d 300 (1964) LOUIS CROSSWHITE, Plaintiff and Appellant, v. THE AMERICAN INSURANCE COMPANY, Defendant and Respondent. S. F. No. 21632. Supreme Court of California. In Bank. May 14, 1964. Jones & Sinai and James E. Jones, Jr., for Plaintiff and Appellant. Frederick L. Hilger for Defendant and Respondent. TRAYNOR, J. Plaintiff appeals from a judgment for defendant surety company ...
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A petition for writ of mandate was brought by petitioner, a taxpayer and elector of the City of Pomona, to compel the city clerk to certify the sufficiency of a referendum petition directed to an ordinance of the city council rezoning a 26-acre parcel in the city, and to compel the city council to call an election thereon. Within 30 days after adoption of the ordinance, a referendum petiti...
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On April 1, 1957, appellant sued in a single cause of action for a real estate broker’s commission. Demur*61rers to the first complaint and a second complaint which was in two causes of action, were sustained, the latter being sustained without leave to amend. An appeal was taken by appellant, and the judgment entered upon the order sustaining the demurrer was affirmed as to the first cause of act...
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Defendants Ernest L. Clay and Arthur Junior Davis were charged in the first count of an information with burglary (Pen. Code, § 459) and in a second count with grand theft (Pen. Code, §§484-487). A jury found defendants guilty on both counts, finding the degree of burglary under the first count as second degree. (Pen. Code, §§ 460, 1157.) Defendant Clay was sentenced to prison on the first coun...
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The Vogelsangs obtained a judgment against Eugene B. Wolpert and his family corporation, Oxford Investment Company, for $55,806.10, $12,250.84 interest, and $5,000 punitive damages in a fraud action involving the transfer by the Vogelsangs to the defendants of virtually all of their extensive real and personal property. The trial court found that the plaintiffs were induced to turn over to...
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Contestant in a will contest after probate appeals from summary judgment denying revocation of probate of will and dismissing the contest. Question Presented. Were there triable issues of fact? This in turn requires determination of whether the mere fact that decedent had been committed to a state mental hospital and a guardian of his estate appointed, raised an issue of fact as to his capaci...
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This is an appeal from an order denying plaintiff’s petition to present a claim against Turlock Joint Union High School District after the statutory period of 100 days had expired, but before the expiration of one year from the date of the accident. On October 30, 1962, plaintiff was a passenger in a vehicle driven by defendant Florentino Serrana, that collided with a Turlock School Distri...
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The County of Alameda, acting in pursuance of a resolution of its board of supervisors, brings this action in eminent domain to acquire land owned by Meadowlark Dairy, a corporation, 1 “for fairground uses and purposes of said county. ’ ’ Meadowlark defends on the grounds that the land is sought for use in connection with the parimutuel racing program of the fair, and that this is no...
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On thisappeal from a judgment in favor of plaintiff materialman against defendant surety company, the sole issue 1 before the trial court was whether notice was given as required by section 4209 of the Government Code. 2 The pertinent facts are as follows: North Bay Construc *141 tion Company (hereinafter sometimes referred to as “prime contractor”), a gener...
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By information, defendant was charged with one count of robbery and four counts of forgery. The information also alleged a prior felony conviction. In a jury trial, in which defendant chose to represent himself in propria persona, he was found guilty as charged. Thereafter, the robbery count was dismissed, defendant’s motion for new trial, as to the counts charging him with forgery, was denied, a...
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We are here presented with two separate appeals, each from a judgment of dismissal after the trial court sustained demurrers to cross-complaints without leave to amend. The first appeal is by Clifford Albert Herrero and Arnold & Herrero Company, hereafter referred to simply as Herrero. The second appeal is by Dr. Paul C. Goddard. The situation of the parties and their relation to each other wil...
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227 Cal.App.2d 167 (1964) Estate of ROBERT O. McKENZIE, Deceased. UNITED CALIFORNIA BANK, as Executor, etc., Petitioner and Respondent, v. STANLEY MOSK, as Attorney General, Objector and Appellant; MARIAN SHEPARD et al., Claimants and Respondents. Civ. No. 27921. California Court of Appeals. Second Dist., Div. Four. May 12, 1964. Stanley Mosk, Attorney General, and Carl Boronkay, Deputy Attor...
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Robert O. McKenzie died testate leaving a holographic will. The only portion of said will in dispute herein declares: “I want a trust to be formed payable as a reward to the person who decides the cause of Rhomatoid [sic] Arthritis and a cure for the same to the satisfaction of the Medical Board of the University of Calif, at L.A.” United California Bank, as executor of the above entitled estate, ...
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This is a claim by plaintiff, Ida Mark, a resident of New York, against the Estate of Mitchel Safren, for arrears in alimony. The facts are relatively simple and, so far as this appeal is concerned, are not in dispute. In 1923, plaintiff procured a judgment for divorce and alimony in *153 New York against Mitehel Safren. To this date the judgment has never been modified, altered or set aside. M...
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Defendants appeal from a judgment foreclosing an equitable mortgage on certain real property in San Luis Obispo County. .The trial court overruled defendants’ general demurrer and-upon defendants’ failure to answer the complaint decreed foreclosure and ordered a sale of the property. (See Code Civ. Proc., § 585, subd. 4.) From January 18 to November 12, 1957, plaintiff bank 1 ma...
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Petitioner, Robert Allen Jones, was committed to the California Rehabilitation Facility for treatment as a narcotic addict. In this habeas corpus proceeding, filed in propria persona, he attacks that commitment for failure to comply with the statutory procedural safeguards set forth in section 6451 of the Penal Code.1 There is merit to this contention. In January of 1963, petitioner was charged wi...
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Walter M. Keene and his wife brought this action against Fred Harling and Morris Blum for the balance due on a promissory note given as part of the purchase price for a business involving coin-operated machines. Defendants’ sole defense was that the sales agreement was illegal. The trial court found that the transfer of a minor part of the consideration given by the Keenes in exchange for the note...
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Real property of this estate was sold at private sale. The sale was confirmed, full price paid, and administrator’s deed to the purchaser was executed and delivered. The administrator died and it developed that he had misappropriated the proceeds of the sale. On motion of an heir, the court vacated its order confirming sale, without any provision for repayment of the purchaser. Purchaser appeals. ...
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Plaintiff, referred to hereinafter as ‘ ‘ Myrna,” sought partition of certain real and personal property held in joint tenancy and jointly owned with defendant, referred to hereinafter as “Warren.” By affirmative de *161 fense, Warren alleged that in October of 1954 he and Myrna became engaged and mutually agreed to marry the other; that relying and conditioned upon Myrna’s promise, he acquir...
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This appeal is taken from a judgment in favor of plaintiff Balfour, Guthrie & Co., Ltd., against Clifford L. Hansen and Howard W. Hansen individually and as partners in the partnership of L. H. Hansen & Sons, L. H. Hansen & Sons, and Pacific Indemnity Company, based on findings of fact and conclusions of law that the general contractor, L. H. Hansen & Sons, was guilty of actionable fraud during...
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Respondent, Mary M. Benwell, filed this action for damages for the wrongful death of her husband Thomas, who was killed by a heavy steel beam that fell on him as the result of a collision with an automobile driven by appellant, William T. Dean. Following a jury verdict for appellant, the court granted the respondent’s motion for a new trial on grounds of errors of law. On this appeal from the o...
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appeals from the judgment of the superior court denying its petition to vacate an award made in a labor dispute arbitration proceeding (Code Civ. Proc., § 1285). The other three parties to the arbitration appear as the respondents herein. Respondent Western Greyhound Lines (the “Company”) operates a public transportation system in the western United States. Its nonsupervisory employees are members...
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Plaintiff Joseph Balistreri brought this action against defendants Ed Turner and Richard Burnside to recover damages for assault and battery. Count one of the complaint alleged that defendant Burnside, while acting as the agent of defendant Turner, did wilfully and without provocation strike and injure plaintiff. Count two of the complaint alleged a conspiracy between defendants Turner and Burnsi...
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Plaintiff instituted the present action against defendant Commercial Credit Corporation for damages occasioned by its failure to honor a garnishment levied upon it. On March 27, 1958, plaintiff commenced an action against 5 & M Lamp Co. (hereinafter S & M) to recover damages under a written contract. For approximately a period of two years prior to plaintiff’s institution of the principal ...
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The petitioners, Torrey Pines Inn et al., seek a writ of mandate directed to the Superior Court in and for the City and County of San Francisco requiring it to enter its order quashing the service of summons in action number 537619 pending in said court. This action was commenced on November 7, 1963, by Alta Engineering Associates against petitioners for money allegedly due for engineering service...
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On February 20, 1956, plaintiff and her then husband declared a homestead on certain real property (Civ. Code, §§ 1262-1264). On July 22, 1958, they executed a deed of trust thereon as security for a loan. On December 14,1958, the husband died. On February 27, 1961, defendant-respondent, Bank of America, filed suit against plaintiff on an unsecured obligation and attached said real property. Th...
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Defendant-appellant husband appeals from an interlocutory decree of divorce. The notice of appeal indicates that it is intended to be from all provisions of the interlocutory decree, but the briefs of the parties are addressed to those portions of the decree which involve property rights and support payments. The wife is 44 years of age and the husband is 46. They were married in Chicago, Illin...
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Alleging that his property had been seized as an incident to an illegal search, seizure and arrest, petitioner moved in respondent court for an order directing its return. The motion having been denied, he sought to appeal. We dismissed his appeal, on the ground that the order of denial was not an appealable order. (People v. Gershen *364 horn (1964) 225 Cal.App.2d 122 [37 Cal.Rptr. 176]....
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The Cupertino Sanitary District of Santa Clara County (hereafter referred to as district) appeals from a judgment holding that the respondents, B. T. Galeb and his wife (hereafter referred to as Galeb) had a proprietary interest in a community sewer system and awarding them compensation therefor. The appellant district contends that: (1) the streets were dedicated to public use; (2) the dedicat...
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Plaintiff appeals from a judgment of the trial court that he had not overpaid his motor vehicle transportation license tax (“transportation tax”) and denying him recovery of such taxes paid under protest. Plaintiff is a participating carrier involved in the interstate shipment of goods. Each shipment here involved was shipped origin-to-destination as a single through shipment under a single bil...
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This is an appeal from a denial of defendant’s motion for a new trial and from a judgment of conviction rendered on a jury verdict finding the appellant, C. K. Schellin, guilty of burglary. The sole contention is that certain evidence was erroneously admitted as it was secured by an unlawful search and seizure. As no questions are raised concerning the sufficiency of the evidence to sustain the...
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This litigation commenced in 1954. Plaintiff (“Burgermeister”) filed a complaint against defendant (“Bowman”) for $18,027.14 for beer sold and delivered. Bowman’s answer admitted the indebtedness but he cross-complained for damages for Burgermeister’s repudiation (by premature termination) of a beer distributorship contract. A first trial and jury verdict for Bowman on his cross-complaint was a...
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plaintiffs respectively leased from the defendant, by an agreement in writing, certain premises that were part of a shopping center serviced by adjoining parking areas; by their leases, agreed to pay a “proportionate share of all the costs and expenses of maintaining and operating the parking areas ...”; brought this action in declaratory relief to determine whether they were liable for a proporti...
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This action arises out of an earlier malpractice suit against an attorney, which in turn was based upon dismissal of a still earlier action. Plaintiffs successively employed some eight attorneys to assert their original claims. In 1950, one attorney filed an action for plaintiffs, and in 1953 withdrew therefrom. The eighth attorney was employed, but failed to bring the case to trial. In 1958, t...
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The sole question presented by this appeal is whether appellant is a “person interested in the estate” within the meaning of Probate Code, section 522, who is entitled to a hearing on her petition for the removal of the administratrix. On February 13, 1962, letters of administration were issued to the widow of the deceased, and she has served as administratrix ever since. On December 12, 1...
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Petitioner, serving a term in San Quentin prison for robbery, seeks by this habeas corpus proceeding to compel his transfer to custody of federal authorities in order that his terms may run concurrently for the some 487 days remaining to be served on his federal sentence. In 1958, he was convicted in the United States District Court, San Diego, of smuggling marijuana (21 U.S.C. § 176a). He...
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This is an appeal by Joan Lenore Hertz, the mother of the child, (1) from an order denying her petition for withdrawal of her consent to adoption, and (2) from the judgment of adoption. The appeal is upon the judgment-roll. The child was born in a hospital in Los Angeles on April 3, 1962. On April 7 he was taken from the hospital to the home of Mr. and Mrs. Winton where he has remained since that ...
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Defendant was convicted of a violation of section 11530 of the Health and Safety Code (possession of marijuana) and violation of section 12021 of the Penal Code (possession of a revolver by a convicted felon). He has appealed from the judgment. The sole question presented is the legality of the entry and search by which the marijuana and the revolver were discovered in defendant’s apartment. Th...
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This case involves the validity of section 41 of the Charter of Alameda County, which provides: “No officer or employee of the County in the classified civil service shall directly or indirectly make, solicit or receive, or be in any manner concerned in making, soliciting or receiving any assessment, subscription, or contribution for any political party or any political purpose whatsoever. No per...
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61 Cal. 2d 341 (1964) WILLIAM J. KINNEAR, Plaintiff and Respondent, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant and Appellant. S. F. No. 21218. Supreme Court of California. In Bank. May 28, 1964. Thomas M. O'Connor, City Attorney, and R. J. Reynolds, Deputy City Attorney, for Defendant and Appellant. James D. Hadfield and Leo Fried for Plaintiff and Respondent. GIBSON, C. J. Plaintiff, ...
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Plaintiffs James N. Gates and Katherine Gates appeal from a judgment against Frank D. Schuster et al. which foreclosed defendants’ interest in real property, but denied plaintiffs a deficiency in their action on a promissory note secured by a trust deed. For $17,000 plaintiffs sold defendants a parcel of real property, a lease, warehouse buildings on the leased property, licenses, franchises an...
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Pedestrian Rudy Escobedo, a minor, was killed when struck by an automobile driven by another minor, Ben Oda, who was driving an automobile owned by his father, Takeichi Oda, and with the father's consent. Ben Oda failed to stop and render aid. Jose Escobedo, father of the deceased Rudy, brought a wrongful death action and secured a judgment against Ben Oda for $7,267.13 and costs. This judgment b...
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Petitioner was found guilty of violation of Health and Safety Code, section 11531, sale of marijuana, on June 26, 1963. On July 17, 1963, his application for probation was denied and he was sentenced to imprisonment in the state prison for the term prescribed by law. The judgment and sentence prescribed that petitioner be sentenced pursuant to section 1202b, Penal Code, which provides: “In any ...
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Plaintiff brought this action against Ann Borden, as executrix of Benjamin Borden, deceased, and against King-Cola, Inc., a corporation, for a declaration of constructive trust and for a recovery of money based upon the fraud of the deceased. After a trial before the court sitting without a jury, the court gave judgment in favor of plaintiff against King-Cola, Inc., in the amount of $29,111.37. R...
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This is an appeal by the state from an order dismissing a first amended information charging the defendant with perjury. 1 The trial court’s order was *333 grounded on an insufficiency of competent evidence to establish the corpus delicti at the preliminary examination. We relate the testimony of the various witnesses. The Clerk of the Superior Court of Humboldt County testified that on Jul...
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Petitioner Blanche May Parkman, in her petition for a writ of mandate against the Beal Estate Commissioner sought to set aside and annul an order of the commissioner suspending petitioner’s real estate broker’s license for a period of 60 days. The trial court affirmed the decision of the Beal Estate Commissioner. Plaintiff appeals and contends that the evidence *437 is not suf...
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After a jury trial defendant was convicted of one count of burglary and seven counts of forgery. He was alleged to have incurred two prior felony convictions, one of which he admitted, and the other was found to have been incurred by him. The trial court specified in its judgment that the sentences on the eight counts would run consecutively with respect to each other and also with respect to any...
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By an information filed on November 27, 1962, the defendant was accused of a violation of section 11500 of the Health and Safety Code, a felony. It was alleged that on or about November 5, 1962, in the County of Los Angeles he “did willfully, unlawfully and feloniously have in his possession a narcotic, to wit, heroin.” In the information it was also alleged that defendant had suffered two prior ...
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Appellants (sellers) appeal from a judgment in favor of the respondents (purchasers) ordering specific performance of an alleged contract to convey two unimproved lots in the city of Lawndale. The uncontradicted facts show that an alert real estate broker, Friestad, persuaded appellants to sign a “deposit receipt” which, among other things, provided: “Received from Art Conley . . . herein ...
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This is an appeal by plaintiff general contractor from a judgment, after a court trial, in favor of individual defendants who were sought to be held responsible for obligations incurred by the corporate defendant on a contract for the construction of certain dwelling houses in Alameda County. The Facts Preliminarily, we set out the following background facts: Plaintiffs, Alvin C. Auer...
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Acting under the two-year discretionary dismissal provision of section 583, Code of Civil Procedure, the lower court ordered dismissal of this wrongful death action for lack of prosecution. Having secured new attorneys, plaintiff Mildred T. Daley then moved under section 473, Code of Civil Procedure, to vacate the dismissal on the ground of her mistake, inadvertence, surprise and excusable negl...
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This action as filed, was against respondent Doris Lothrop, respondent’s mother Lena Borman (Borman) and some Does as defendants, for damages. The complaint alleged among other things that respondent consented to and did on April 3, 1962, accept as a gift, with intent to defraud appellants, a written assignment of a promissory note and deed of trust from Borman, who had prior thereto, to wit: on M...
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In or about 1888 the City of Pasadena acquired certain real property (approximately 33 acres) which was located outside the city, in unincorporated territory in Los Angeles County, and has owned the property since that time. In 1944 the City of Alhambra annexed an area which included said property owned by Pasadena. In 1961 plaintiff Jack W. Barnett, as a taxpayer of Alhambra, commenced this actio...
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Plaintiff appeals from the judgment denying her the declaratory and injunctive relief which she seeks in this action wherein she challenges the validity of ordinance No. 8253 of the County of Los Angeles. Section 1 of this ordinance expressly declares its objectives, and sets forth the findings upon which it is based, as follows: “The Board of Supervisors finds that there are, in the unincorpor...
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On July 21, 1962, Prank Taylor, an authorized subagent of Abe Phillips, general agent and attorney in fact for Stuyvesant Insurance Company (Stuyvesant), executed a *430 bail bond in the amount of $10,500 on Harry Sidmore, defendant in People v. Sidmore, Los Angeles Superior Court, No. 196892. The bond bore one signature: that of Phillips. On Septem...
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Defendant was charged with two felony counts: Count 1, attempted robbery of Wilber Bernard *441Williams while being armed with a deadly weapon in violation of Penal Code sections 211 and 664; Count 2, assault with a deadly weapon upon Wilber Bernard Williams in violation of section 245, Penal Code. Defendant was found guilty on Count 1 and was found to have been armed with a deadly weapon at the t...
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Gilbert A. Casillas petitions for relief under rule 31(a) of the California Rules of Court from a late filing of a notice of appeal. On October 18, 1963, petitioner was sentenced for sale of narcotics, and his trial attorney informed the court that petitioner intended to appeal and promised petitioner he would file the required notice.1 On November 4, 1963 (seven days late), the attorney had a not...
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In this redevelopment ease, plaintiff property owners appeal from an adverse judgment in their action attacking the proceedings of the Redevelopment Agency and of the City Council of the City of San Jose (hereinafter called, respectively, the agency and the council) which led up to adoption by the council of a city redevelopment plan known as the “Park Center Project.” Plaintiffs’ action is for...
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This is an automatic appeal, pursuant to section 1239, subdivision (b), of the Penal Code, from a judgment, after trial before a jury, finding defendant guilty of murder in the first degree and imposing the death penalty. *356Facts-. The Stadium Club, the scene of the crime, is a bar and restaurant in Sacramento. Defendant appeared at the club at approximately 10:30 p.m. on February 15, 1963. Abou...
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Petitioner, the Department of Employment of the State of California, seeks an annulment of that portion of the award of respondent Industrial Accident Commission (hereinafter sometimes referred to as respondent) disallowing a claim of lien for certain hospital expenses. Question Presented Are the hospital benefits provided by Unemployment Insurance Code section 2801 allowable as a lien agai...
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Defendant, who was found guilty by a jury on 17 of 22 counts of an indictment, 1 appeals from the judgment of conviction. Counts 1 to 7, inclusive, charge offenses allegedly perpetrated upon the person and against the property of Miss R; Counts 8 to 16, inclusive, upon the persons of Mr. M and Miss S; Counts 17 to 20, inclusive, upon the persons of Miss K and Mrs. K, and the property of Mrs. K...
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Plaintiffs appeal from judgment, after jury verdict, in favor of defendant. 1 Questions Presented. Propriety of instructions (a) on the presumption of negligence arising from a violation of section 22520, Vehicle Code, and (b) on contributory negligence. *514 Record. Plaintiff Sylvia Jean Tannyhill is the wife of decedent Willie Maurice Tannyhill; plaintiff ...
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Plaintiff appeals from judgment for defendants in a personal injury action wherein her automobile, while standing at a street intersection, was struck in the rear by a car driven by defendant Ruth Adele Brooks. 1 Appellant’s major contention is that the court erred prej *550 udieially in permitting defendants to amend the answer after the evidence was closed, professed...
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Plaintiff appeals herein from an order denying the motion to vacate a judgment and enter a different judgment under California Code of Civil Procedure, section 633, subdivision 1. The judgment was rendered in plaintiff’s favor in several particulars, but the court found against him and judgment was denied as to the second cause of action of the second amended complaint and as to his supplemental ...
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Appeal is taken herein by plaintiff from a judgment for the defendants following a motion made pursuant to section 631.8 of the Code of Civil Procedure, and from a denial of plaintiff’s motion for a new trial. Plaintiff’s cause of action is one for specific performance of a written agreement, dated June 27, 1961, made and entered into between Erwin Rautenberg, plaintiff and appellant herei...
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Defendant appeals from a judgment awarding plaintiff recovery of $3,656 plus costs under a property settlement agreement. Plaintiff Elizabeth Solley and defendant Gerald Lee Solley were married in Reno, Nevada, on July 27, 1940. Thereafter they lived together as husband and wife for approximately 16 years. Two children were born issue of the marriage: a son in 1943 and a daughter in 1949. On ...
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This is an appeal from an order denying defendant’s motion to set aside a default judgment. Defendant Shah Mohammed, a citizen and resident of West Pakistan, inherited an undivided one-half interest in' certain real property in Imperial County. In 1960 he entered into negotiations for the sale of his interest to the plaintiff Marvin W. Carpenter. In a letter dated August 6, 1960, defendant refused...
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Plaintiff appeals from an interlocutory judgment of divorce entered “in favor of defendant and cross complainant and against plaintiff and cross defendant and from the whole thereof. ’ ’ The chronology of significant events is as follows: On August 3, 1962, plaintiff filed a complaint for separate maintenance. Therein she alleged that defendant had treated her with extreme cruelty and had wro...
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Plaintiffs appeal from a judgment declaring that they are not entitled to additional compensation under the provisions of Government Code, section 74751.1 *564The sole issue in this case involves a determination of the meaning of the phrase “general increase” as used in Government Code, section 74751. This statute provided, in effect, that if the employees of the San Diego Sheriff’s Department rec...
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This is an appeal by the defendant, David F. Morris, from a judgment declaring a contract between plaintiff, Matthew J. Wisniewski and Morris valid, and awarding $6,300 damages to plaintiff. On March 17, 1961, plaintiff-respondent and defendant-appellant entered into a written contract which provided for the sale of certain secret formulae by respondent to appellant and for respondent’s employment...
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This is the second appeal in this litigation. (Hayman v. Shoemake, 203 Cal.App.2d 140 [21 Cal.Rptr. 519].) The plaintiffs, Louis Hayman and George Covert, who are not parties to the appeal, bought from the defendants and cross-complainants a field of onions and thereafter sued them for damages because of the breach of their express warranty that the onions were Asgrow Y-50’s, a specific variety wh...
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This appeal is from a judgment of dismissal entered after demurrers had been sustained to the *446 five counts set forth in plaintiffs’ first amended complaint. Before us also is respondents’ motion to dismiss the appeal which was continued to be heard and submitted at the time of the hearing and submission of the appeal. The action concerns proceedings taken to form the San D...
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This is a companion case with 4 Civil No. 7415. The appeal is from a judgment of dismissal entered after general demurrers had been sustained without leave to amend to all five counts of plaintiffs’ complaint. As did Action 4 Civil No. 7415, this action concerns proceedings taken to form the San Diego Unified Port District in which appellant, City of Coronado, was sought to be included and...
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Plaintiff Amanda Lloyd appeals from a judgment which denied her recovery of money paid under contract and which allowed defendant John F. Williams recovery on a counterclaim. The plaintiff entered into a cost-plus contract for the construction of a duplex by the defendant. After the building was accepted the plaintiff filed suit to recover a portion of the money paid pursuant to the contract. I...
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Plaintiffs appeal from “judgment on order SUSTAINING DEMURRER WITHOUT LEAVE TO AMEND.” Questions Presented. 1. Is the judgment appealable ? 2. Does the County of San Benito have immunity under Civil Code section 22.3 in this action based on negligence ? Record. The complaint seeks damages for the destruction of tomato seed and cauliflower seed crops caused by the allege...
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In this action by plaintiff Knudsen for the conversion by defendants Hill of a pledged promissory note belonging to plaintiff then having a face value of *641 $24,674.20, judgment was for plaintiff, but the court fixed the value of the converted note at $16,052.26. 1 Knudsen appeals, his sole contention being that the court should have allowed the full face value of th...
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Appellants appeal from a judgment denying their petition for a writ of mandate 1 and discharging the alternative writ of mandate theretofore issued against respondents. 2 *621 Petitioners are civil service employees of respondent city and county and employed by it as power house operators, designated as Glass Number 7364 in the Motive Power Department of the Mun...
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State Industries, Inc. (hereinafter referred to as “State”) appeals from an order granting a new trial in an action for conversion after the case was tried by the court sitting without a jury. Judgment in favor of State was entered April 4, 1963. Subsequently, by the minute order entered May 8, 1963, the motion of Capitol Metals Co., Inc. (hereinafter referred to as “Capitol”) for a new trial was ...
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From a judgment for plaintiffs George and Lucy Bayne, decreeing that defendant Orwin H. Jolley had charged them usurious interest on a $50,000 loan and awarding $18,791.53 treble damages, defendant appeals. Early in December 1960 Bayne sought to borrow $50,000 from Jolley and received a tentative commitment, which was later rescinded. Jolley suggested that Bayne procure the loan through th...
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The appeal which is before us is from a judgment of dismissal following an order sustaining the demurrer of certain defendants to the complaint, as amended, *636 without leave to amend. The action is brought by Sally J. Irwin, a taxpayer of the City of Manhattan Beach, for herself and on behalf of all other taxpayers of the city, against the city, certain members who constitute a m...
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61 Cal.2d 425 (1964) THE PEOPLE, Plaintiff and Respondent, v. THOMAS LAMAS VARNUM, Defendant and Appellant. Crim. No. 7630. Supreme Court of California. In Bank. June 18, 1964. H. Clay Jacke, under appointment by the Supreme Court, for Defendant and Appellant. Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Gilbert F. Nelson, Deputy Attorney General, for Pla...
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After a jury trial, defendants Douglas and Meyes were convicted of ten counts of robbery, one count of assault with intent to commit murder, and two counts of assault with a 'deadly weapon. In addition, Meyes was adjudged to be an habitual criminal, having been found to have suffered convictions of burglary in 1948 and of two robberies in 1950 and 1951. Both defendants appealed from the judgments ...
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61 Cal.2d 373 (1964) 392 P.2d 970 38 Cal. Rptr. 890 THE PEOPLE, Plaintiff and Respondent, v. DAN CLIFTON ROBINSON, Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent, v. CHARLES DRIVERS, Defendant and Appellant. Docket Nos. Crim. 7242, 7279. Supreme Court of California. In Bank. June 16, 1964. *377 Al Matthews, Burton Marks and Frank Hemminger, under appointment by the Supreme Court, f...
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This is an appeal by defendant City of Los Angeles (hereinafter referred to as “City”) from a judgment entered in favor of plaintiff Union Oil Company of California (hereinafter referred to as “Union”) in an action for the recovery of business license taxes collected by City for the license years 1954 through 1958 inclusive.1 The cause was submitted to the trial court on an agreed statement of fac...
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