Court Cases Court Cases

  Most Popular Cases Tab Overlap Cases with Faces Tab Overlap Cases by Type Tab Overlap Cases by Reporter Tab Overlap Cases by Year Right End

All Reporters → cal-rptr → Volume 53

Opinions in cal-rptr Volume 53

Ove Johnson, an inmate of Folsom State Prison, seeks habeas corpus, alleging constitutional defects in the 1953 proceeding leading to his plea of guilty and conviction on two counts of armed robbery. This is one of several cases in which we issued an order to show cause on the petitioner’s claim that he had made a judicial confession of guilt in the course of his preliminary examination without a ...
Views: 1
These are appeals from a judgment of the superior court denying a petition for a writ of man *259 date and from a judgment declaring the rights of the parties and denying an injunction. In its first action appellant Spindler Realty Corporation (hereafter referred to as Spindler) sought a writ of mandate or writ of certiorari commanding John Monning, as general manager and supe...
Views: 12
In this legal malpractice action against two attorneys who had represented him successively, plaintiff was given a money judgment against defendant Hansen only. Plaintiff has appealed contending not only that the award was inadequate but that he was also entitled to a judgment against defendant Docken. Defendant Hansen has also appealed ; although no challenge is made to the amount of the award...
Views: 14
Harry Jaffe, the plaintiff herein, appeals from a judgment following a jury trial and resulting from a directed verdict as to the first cause of action of his third amended complaint and a nonsuit as to his second and third causes of action. The Jaffe case, together with two related actions, hereinafter referred to as the Gottlieb action and the Ameriean-Hawaiian action, were assigned to o...
Views: 16
On August 1, 1963, plaintiff The Redevelopment Agency of the City of Richmond filed a complaint in eminent domain against defendant John Maynard, as administrator of the estates of Alvin and Mary Maynard. The property sought was owned by the above-mentioned estates and situated within the boundaries of an area selected for redevelopment. Defendant’s answer, which was filed on September 25, 1963...
Views: 2
Appellant was convicted by a jury of violating section 11531 of the Health and Safety Code (selling marijuana). The sole question on appeal is the propriety of certain comments made by the judge to the jury during the course of their deliberation. The issues which apparently inspired the comments on the evidence made to the jury by the judge, were in respect of identification of appellant and his ...
Views: 8
In an action for declaratory relief plaintiff sought a declaration by the court that a clause entitled “Part Seven, C. Acts op Third Parties,” contained in a Group Health Service agreement- issued by defendant California Physicians’ Service, and an order of payment signed by him thereunder are illegal and void as against public policy, and that the sum of $1,714.34 held in trust by his counsel, E...
Views: 7
Gail Bauman, who was approximately three and one-half years of age at the time of her injury, and her father, Russell H. Bauman, brought suit against the defendant owners of a dog which bit Gail on the Beau jean home premises. While the pleadings and, to a certain extent, the pretrial order seem to implement issues under the old vicious animal theory and the defenses adjusted to that theory, it...
Views: 5
Plaintiff appeals from judgment after jury trial in favor of defendants in an action for damages for personal injuries. Questions Presented 1. Should the issue of contributory negligence have been submitted to the jury ? 1 2. Alleged error in instructions requiring proof of relationship between, and control by, defendants. 3. Was the instruction concerning insurance proper? *371Evidence Defendant ...
Views: 1
— The defendant was charged in an amended information with two crimes and a prior conviction; count one accused him of violating section 593c of the Penal Code in that he maliciously interfered “with a Meter used in connection with a pipe or main maintained by proper authority for the purpose of transporting gas approximately Three (3) Miles South of Rio Vista Bridge” in Sacramento County; coun...
Views: 6
After conviction by the court (jury having been waived) of violation of Penal Code, section 459 (burglary) and sentence granting probation, defendant appeals from the judgment of conviction and sentence. Questions Presented 1. Was search of defendant’s premises illegal because no Dorado warning was given ? 2. Was force and coercion used to obtain defendant’s permission to search her premi...
Views: 15
Appellant has ified an appeal from an order reinstating her probation after a dismissal of her appeal *452from the original judgment of conviction. We hold that the order is nonappealable and dismiss the appeal. In July 1964 appellant was convicted of abortion (Pen. Code, § 274). Proceedings were suspended and an order granting probation was made August 12, 1964, upon conditions, two of which were...
Views: 0
In this action for dissolution of an alleged oral partnership or, in the event none was found, for breach of an agreement to enter into a partnership, plaintiff appeals from a judgment after a non jury trial that he take nothing by his complaint. Plaintiff and defendant first met in college in 1950. There they also met David Beatty whose father owned the Beatty Scaffolding Company. In the fall ...
Views: 0
Defendant appeals from a judgment decreeing specific performance of an option agreement, executed on June 16, 1959, wherein defendant agreed to sell to plaintiff a parcel of timber land, excepting a portion thereof. The crucial issue on appeal is whether this excepted portion is described in the agreement with sufficient certainty to permit specific performance. Our opinion is confine...
Views: 4
The City and County of San Francisco (hereafter city) appeals from a judgment rendered on a jury verdict in favor of plaintiff for damages for personal injuries sustained as the result of a fall caused by a defective sidewalk. The city contends that the trial court erred in: (1) the denial of a nonsuit as plaintiff misled the city about the location of the accident; (2) the admission of evidenc...
Views: 8
Plaintiffs appeal from a judgment denying an injunction to restrain defendants from building a proposed dwelling which plaintiffs allege would violate tract building restrictions. Plaintiffs and defendants are the owners, respectively, of Lots 26 and 9 in “Yacht Club Terrace,” a Point Loma subdivision. Lot 26 is deeper than Lot 9; partly adjoins the latter; and lies in a general northwesterly d...
Views: 2
On this appeal by the wife from a judgment in favor of the husband in his action for partition, the only question presented is whether, after a decree of separate maintenance, the wife is entitled to claim a homestead in the husband’s separate property and thus to bar his action. This *258 case is one of first impression under section 1300 of the Civil Code. The appeal is on a settled stateme...
Views: 0
By an information filed on January 8, 1965, the appellant and a codefendant, Lee McMiekle, alias Craig Cannon, were charged in two counts of violations of Penal Code, section 211 (robbery), and Penal Code, section 484a, subdivision (b)(6) (unlawful use of a credit card). Both defendants were found guilty of each crime. Application for probation was denied, and defendants were sentenced to state pr...
Views: 12
Plaintiff appeals from a judgment following the sustaining of a demurrer without leave to amend, and from an order denying his application for temporary injunction. *367The complaint, filed July 20, 1964, alleged that the defendant here, Noble, was plaintiff in action No. 121476 (the principal action) filed in the same court, seeking to recover damages from Martin, plaintiff in the present action,...
Views: 1
Defendant Horace Sonny Lewis and Carolyn E. Lewis, his wife, were accused in count 1 of murder, and in count 2 of robbery. In count 3, Carolyn was accused of receiving stolen property. Defendant Horace Sonny Lewis' admitted an allegation of the information that he had been convicted previously of a felony (armed robbery, in Michigan). The defendants pleaded not guilty. During a jury trial, Caroly...
Views: 13
In May of 1958, appellant was charged with committing lewd acts upon a child in violation of section 288 of the Penal Code. Prior convictions of assault with intent to rape, a felony (Wisconsin 1934) and violation of sections 288 and 288a (California 1947) were charged and found to be true. Appellant pleaded not guilty and not guilty by reason of insanity. He waived a jury on both pleas. On his p...
Views: 9
Plaintiff brought an action against defendants for personal injuries suffered by him as the result of an automobile accident. The jury returned a verdict in his favor in the sum of $1,719.48, and he appeals from the judgment entered thereon, contending that the damages awarded are inadequate as a matter of law. The only issue raised on this appeal by any of the parties, including amici curiae, is ...
Views: 2
In these proceedings Marie Baglione, the widow of Peter Baglione, seeks to establish her right to succeed to certain real property in Peter’s estate to the exclusion of the devisees under his will. In a proceeding to determine heirship, the superior court sitting in probate found that the property was the community property of Marie and Peter and should be distributed accordingly. It expressly de...
Views: 17
The sole question on this appeal from a conviction for possession of marijuana (Health & Saf. Code, § 11530) is whether the trial judge should have ordered the disclosure of the names of two confidential informants. The search warrant which led to the discovery of the contraband in defendant’s home and garage was issued on the basis of the information supplied by the two individuals to a deputy...
Views: 9
Defendant appeals from a judgment of conviction after entry of a plea of guilty to the offense of violation of section 11530.5, Health and Safety Code, a lesser and included offense to the indicted charge of a violation of section 11531, Health and Safety Code. Chronologically, the pertinent procedural events were: On October 7, 1964, defendant, represented by counsel of his choice, was arraign...
Views: 16
An application is made herein for a writ of mandate, or other appropriate writ, to require the superior court to entertain an application for the amendment of a probate claim filed by Gladys F. Orth. Mrs. Orth has also filed an action for the recovery of damages from the estate of John D. Ditto, deceased, by reason of an automobile collision, which was the source of injury and damage to Mrs. Or...
Views: 1
The People have appealed from orders of the trial court which (1) purported to vacate and set aside a prior judgment which sentenced the defendant to prison following his conviction by jury verdict of burglary in the second degree in violation of section 459 of the Penal Code and (2) thereupon granted his motion for new trial. The People contend that the trial court had no power or authority to va...
Views: 7
Defendant has appealed from an order granting him probation 1 following jury verdicts which convicted him of conspiracy to pervert and obstruct justice and the due administration of the laws in violation of subdivision 5 of section 182 of the Penal Code, and of conspiracy to commit arson in violation of subdivision 1 of that section. On October 8, 1964, an indictment was returned charging def...
Views: 22
This is an appeal from a judgment of the superior court entered after a minute order granting respondent’s petition for a writ of habeas corpus freeing Jackijo Miller from the custody of appellants and denying appellants’ petition for a declaration that Jackijo was aban *456 doned by respondent and is free of her custody and control. Appellants also pretend to appeal from an order denying a mot...
Views: 5
Each of the 26 defendants was charged with a violation of sections 43.13.1 (count I) and 43.13.2 (count II) of the Los Angeles Municipal Code, sometimes called the “visiting ordinances.” On their respective motions, each of the complaints was dismissed by the Municipal Court for the Los Angeles Judicial District. The People appealed to the Appellate Department of the Superior Court for Los Ange...
Views: 3
This is an appeal from an injunction enjoining appellant from certain activities alleged to be in violation of sections 784 and 796.2 of the Agricultural Code of the State of California. The appeal is based on an agreed statement of facts which appears as follows: On April 13, 1965, the plaintiff, Charles Paul, as Director of Agriculture of the State of California, brought this action for civil pe...
Views: 1
A jury found defendant guilty on a count charging him with possession of heroin for sale. (Health & Saf. Code, § 11500.5.) Outside of the presence of the jury defendant had admitted a conviction of murder suffered in 1950. A motion for new trial was denied, but the court reduced the offense to simple possession of heroin. (Health & Saf. Code, § 11500.) Defendant appeals. We take the statement of f...
Views: 0
Appellant and his codefendant Mary Duffy were convicted by a jury of violating Penal Code, section 496, *393receiving stolen property. The appeal is from the judgment and the order denying motion for a new trial. The appeal from the latter is dismissed. (Pen. Code, § 1237.) On March 28, 1963, Prentiss Green’s home was burglarized and a hi-fi set was taken. On April 20, 1963, Officers Helvin and Ke...
Views: 5
Defendant has appealed from a judgment which sentenced him to imprisonment following his conviction by jury verdict of burglary in violation of section 459 of the Penal Code, which by stipulation, was fixed as of the second degree. He also was charged with an admitted four prior felony convictions. On his appeal he asserts the following errors: (1) the receipt of evidence of “prior convictions’...
Views: 8
Edward Halliday and his wife, Annette Halliday, appeal from a judgment entered pursuant to an order granting nonsuit. The appeal on behalf of their minor daughter, Janet Alice Halliday, is from a judgment entered pursuant to a defense verdict. The action stems from injuries received and expenses incurred from a fall on an apartment staircase during a fire. Mr. and Mrs. Halliday were tenant...
Views: 13
This is an appeal by the plaintiffs from a judgment denying injunctive relief to compel removal of alleged obstructions on plaintiffs’ easement, and to exclude the *541 servient owners from using the easement area as a parking lot. We affirm the judgment as entered. The easement in question was created by reservation in a deed dated December 12, 1919, from the City of Los Ange...
Views: 1
Lucille Mae Roubus was charged with perjury. At the close of the prosecution’s case the court advised the jury to acquit her. (Pen. Code, § 1118.) Notwithstanding this advice, the jury returned a verdict of guilty. Defendant thereafter made a motion for a new trial on grounds (1) that, since there was no direct evidence of the falsity of her alleged perjured statement, the verdict was contrary to...
Views: 17
Emil John Crovedi appeals from a judgment of conviction entered after a jury found him guilty of conspiracy to commit grand theft, grand theft and burglary. On May 22, 1964, defendant Crovedi, together with Lester Harris, Leone Thomas Riccio and Guy Phillip Mendolia, was charged in count I of an indictment with conspiracy to commit grand theft (Pen. Code, § 182). In counts II and III of the indict...
Views: 52
National Automobile and Casualty Company appeals from an order refusing to vacate an order forfeiting bail when its principal, Langlois, failed to appear in execution of judgment. Langlois’ conviction of felony had been affirmed and December 16, 1963, had been fixed as the time for sentence. When Langlois failed to appear, his bail was ordered forfeited and a bench warrant was issued. The warrant ...
Views: 0
In a foreclosure of mechanics lien action, plaintiff appeals from those portions of the judgment of foreclosure denying foreclosure of 42 out of 44 lots. Questions Presented 1. Can a mechanic’s lien be foreclosed without joining parties who purchased the liened properties within 90 days of the recordation of the lien 1 2. Can a mechanic’s lien be foreclosed against partie...
Views: 0
Plaintiff alleges damages caused by drinking a bottle of contaminated Coca-Cola. The beverage had been purchased from a vending machine in one of the state buildings in Sacramento. The incident, according to the complaint, had occurred in July 1961. The complaint was filed 10 months later, in May 1962. The beverage had been bottled by Coca Cola Bottling Company of Sacramento, a partnership...
Views: 5
This is an appeal by James F. Conley, father of James Neal Conley, a minor, from the order of the Contra Costa Superior Court, sitting as a juvenile court, sustaining the order of the traffic hearing officer finding said minor guilty of a violation of Vehicle Code section 21711. 1 The sole contention made on this appeal by appellant, who appears in propria persona, is that “there act...
Views: 10
Defendant entered a plea of guilty to a charge of robbery in the first degree. Following a waiver of the provisions of section 6452 of the Penal Code (now Welf. & Inst. Code, § 3052), proceedings were instituted under section 6451 of the Penal Code (now Welf. & Inst. Code, § 3051), and defendant was found to be a narcotic addict and was committed to the California Rehabilitation Center. He arrived...
Views: 1
Appellant and respondents own contiguous parcels of commercial property fronting on Blackstone Avenue in the City of Fresno, respondents’ parcel bordering appellant’s property on the south. In 1908 Garabed Oroian and his wife acquired the entire property in a single 20-acre parcel described as the northwest quarter of Lot 8 of Wolters Colony. The 20-aere parcel was bordered on the west by Blacksto...
Views: 2
This is an appeal from a judgment rendered in an action seeking declaratory relief. ’■ The plaintiffs were doing business under the fictitious name and style of Medi-Sanco and were the successors in interest and assignees of a general partnership doing business under the fictitious name and style of Developments Unlimited. On December 28, 1960, the plaintiffs’ assignor, hereinafter re...
Views: 5
This proceeding arises out of an action to recover damages in the amount of $200,000 for personal injuries. Petitioner here was one of the defendants named in the damage action. On March 25, 1966, the court granted plaintiff’s motion to strike said defendant’s answer and thereafter entered its default for failure to answer interrogatories, and in addition, ordered that it pay $250 to plaintiff’...
Views: 4
In an action entitled Lippert Inc. v. Al Rosen, number WEC 5920, pending in the respondent court, the court denied the motion of defendant Rosen for an order imposing sanctions pursuant to Code of Civil Procedure, section 2019, subdivision (g). Rosen has petitioned this court for a writ of mandate commanding the respondent court to desist from the trial of that action unti...
Views: 9
This is an appeal hy the People from an order granting a motion made pursuant to Penal Code section 995 and setting aside an information which charged defendants with possession of marijuana in violation of section 11530 of the Health and Safety Code. On March 30, 1965, there was filed in the Municipal Court of the Los Angeles Judicial District a lengthy, and unquestionably sufficient, affidavi...
Views: 6
This is an appeal by Paul W. Poon, the administrator of the estate of Rose Poon, from that portion of the order of the trial court denying his motion to substitute himself as plaintiff in an action brought by Rose Poon against William Poon and other named defendants. 1 This motion was made by appellant following the death of Rose Poon, which occurred during the course of trial. The s...
Views: 2
Appeal by defendants from a judgment entered in an action upon a promissory note and cross-appeal by plaintiffs from a portion of such judgment. The evidence below discloses the following: The plaintiffs, commencing in about the year 1952, purchased, through the defendant Robert Bergman, numerous promissory notes secured by deeds of trust. Robert Bergman acted in the capacity of a broker in the...
Views: 7
Petitioners seek a writ of mandate direct-Petitioners ing the court below to allow an amendment to a complaint for wrongful death. Petitioners, as the alleged sole heirs of Joshua Cohen, filed a complaint for wrongful death on February 10, 1964 against the Southern Pacific Company, a corporation, Southern Pacific General Hospital, Northwestern Pacific Railroad Company and fifty Does. ...
Views: 7
Defendant appeals from a judgment quieting title to a limited easement for ingress and egress, and awarding compensatory damages for wrongful interference with the easement. Plaintiffs, husband and wife, owned two lots at the southwest corner of West Capitol Avenue and Sycamore Street in West Sacramento. In March 1961 they constructed a service station on the corner lot. Because the lot was not wi...
Views: 2
Defendants appeal from a judgment imposing liability for negligent misrepresentations following a non jury trial. Plaintiffs Marvin F. Tackett (Tackett) and Elizabeth S. Tackett were owners of a motel property encumbered by trust deeds. They advertised it for sale or exchange. About the same time, one Lohr furnished to defendant Croonquist, a licensed real estate broker, the description of...
Views: 2
244 Cal.App.2d 658 (1966) THE PEOPLE, Plaintiff and Respondent, v. VIRGIL LEE WILLIAMS, Defendant and Appellant. Crim. No. 11215. California Court of Appeals. Second Dist., Div. Two. Sept. 7, 1966. Jay Plotkin, under appointment by the District Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and David Gould, Deput...
Views: 10
A jury convicted defendant of assault by means of force likely to produce great bodily injury. (Pen. Code, § 245.) On appeal the judgment is mainly attacked on the basis that the evidence was insufficient to support the verdict. The facts are confusing and the evidence that it was defendant who committed a brutal attack on the victim, Mrs. Anderson, is admittedly circumstantial, but after a tho...
Views: 14
In this action for annulment of marriage, the trial court gave judgment for plaintiff, declaring that the marriage which the parties entered into on June 9, 1950, was void by reason of an undissolved prior marriage of the defendant. The judgment also awarded custody of the three minor children of the parties to plaintiff and ordered defendant to pay child support, attorney fees, and a psychiatris...
Views: 0
Following defendant’s plea of guilty to one count of a grand jury indictment charging the violation of Health and Safety Code section 11500 (possession of heroin), criminal proceedings were adjourned, defendant was found to be a drug addict and was committed by the superior court to the California Rehabilitation Center pursuant to Penal Code section 6451 (now Welf. & Inst. Code, § 3051). Subseq...
Views: 0
This is a petition for a writ of habeas corpus. Facts: September 28, 1959, petitioner was charged in Wind-ham County Court, State of Vermont, with burglary, larceny, rape, and assault with intent to kill. He was found not guilty of the charges by reason of insanity and was committed to the Vermont State Hospital. On or about December 16,1965, he escaped from the hospital and came to California, lo...
Views: 0
Petitioner attacks the validity of a judgment of the Los Angeles County Superior Court imposing concurrent sentences for two counts of lewd acts against children (Pen. Code, § 288), one count of oral copulation (Pen. Code, § 288a), and one count of kidnaping (Pen. Code, § 207). Judgment was pronounced on March 28, 1963, while petitioner was confined in San Quentin State Prison. In 195...
Views: 43
After an administrative hearing the Board of Barber Examiners ordered revocation of petitioner’s barbershop certificate. He sought review by mandate in the superior court and now appeals from a judgment sustaining the board’s action. Petitioner held a barbershop certificate for premises at 1129 20th Street in the City of Sacramento as well as a certificate as a journeyman barber. Following the ...
Views: 5
The question is whether the trial court has authority to exempt an indigent plaintiff from compliance with the statutory provision for a cost bond in lawsuits against public entities. Sutter County is the defendant in a personal injury action pending in the superior court of that county. Plaintiff in the suit is Iva Higgins. Invoicing Government Code section 947, the counties served a demand up...
Views: 8
This is an appeal from a judgment after verdict awarding respondents a total of $2,650 for damages arising from an automobile collision. The appeal is grounded upon alleged errors in instructing the jury relative to the intersection at which the collision took place and the denial of the right of appellants’ counsel to argue certain matters in closing argument. ■ The accident occurred at or nea...
Views: 0
This is an appeal by Coronet Credit Corporation and Leslie and Ethel Cohn from the judgment entered against them and in favor of West Thrift Company, Northern California Finance Company, Harry Gross, and Leonard Gross, which judgment adjudged (1) that Coronet was entitled to no relief against West Thrift, Northern California Finance, Harry Gross, and Leonard Gross on its complaint which sought ...
Views: 9
Defendant appeals from an adverse judgment following a non jury trial. Plaintiff is the widow of Delbert S. Shafer, deceased. She is the named beneficiary in an accident policy issued by defendant to her husband. The policy provides that defendant will pay $10,000 for the death of the insured “resulting directly and independently of all other causes from bodily injury sustained during the ...
Views: 2
This case is before the appellate courts for the second time. The ease involves the validity of the proceedings commenced by the city council to annex to the City of West Covina 114 acres of land contiguous thereto. The appeal involves the interpretation of the opinion of the Supreme Court (60 Cal.2d 516) holding those proceedings invalid in certain particulars and the correctness of the action...
Views: 4
This appeal from a declaratory judgment comes to us by way of an agreed statement pursuant to rule 6 (a) of the California Rules of Court. The essential facts are not in dispute. Karl Frederick, Jr. (Frederick), appellant herein, owned a 1960 half-ton pickup truck, which was licensed as a eommer*778cial vehicle but which he used for personal purposes. He owned no other vehicle. He testified that t...
Views: 0
This appeal involves two separate actions which were consolidated for trial. In each plaintiff sought damages for breach of contract involving the alleged sale by plaintiff to defendants of various items of convalescent hospital equipment and furniture. The first, action 324854, was predicated upon an alleged written contract; the second, action 326574, upon three alleged oral contracts. From t...
Views: 4
— Los Angeles City School District and Los Angeles City High School District, defendants and cross-complainants, who assert an interest in the property which is the subject of this action as judgment creditors of Delicien P. Landier and Landier Investment Company, have appealed from a judgment and an amended judgment which decreed that title was vested in the plaintiffs hereinafter noted and th...
Views: 8
Consolidated appeals from orders made after final judgment in an action for divorce. On May 8, 1952, an interlocutory decree of divorce was granted to the wife (respondent here) upon her cross-complaint. This decree has become a final judgment. The interlocutory decree of divorce approved and ineorpo*801rated, within its provisions, in haec verba, a property settlement agreement entered into betwe...
Views: 4
Plaintiff appeals from an order denying his motion (1) to expunge the judgment entered on October 1, 1964; (2) to enter judgment nunc pro tunc on the date of September 25, 1964; (3) to correct nunc pro tunc the order granting the motion for a stay of judgment; and (4) to vacate the “void" order granting defendants’ motion for new trial. We have reviewed the record. That portion of Appellant...
Views: 4
This is plaintiff’s appeal from a judgment of dismissal entered after the court had sustained a demurrer without leave to amend. As appears from the pleadings, the action arose out of the following events: *765 On May 31, 1956, plaintiff entered into a written agreement with Stewart Granger, an actor, whereby he agreed to perform in a motion picture entitled “The Whole Truth.” Con...
Views: 2
— Defendant Otis Darnell Haynes and Patricia Sue Johnston were accused in four counts of a violation of section 182 of the Penal Code (conspiracy to commit forgery), and with violations of section 470 of the Penal Code (forgery). Defendant’s motion to set aside the information under Penal Code section 995 was denied and the defendant pled not guilty to all counts. The cause came to trial on June....
Views: 3
Lillie M. Boyles petitions for review of that portion of a workmen’s compensation award which denied to her reimbursement for expense of self-procured medical treatment and attendant transportation. Petitioner, a cook by occupation, sustained an industrial injury to her neck and back as a result of a fall on March 15, 1965. Respondent, the employer’s insurer, assumed liability and provided medical...
Views: 0
Plaintiff was injured when, as a machinist engaged to repair defendant’s paper cutting machine, his hand and lower arm were caught between the machine’s rollers and severely injured. The jury returned a verdict in favor of plaintiff, and defendant appeals. The sole question presented is whether it was error, under the circumstances, to refuse to instruct the jury on the doctrine of assumption of ...
Views: 50
As a consequence of activity on three different occasions Logan was convicted of first degree robbery (Pen. Code, §§ 211, 211a), attempted robbery (Pen. Code, §§ 211, 664), and four counts of assault with intent to murder (Pen. Code, § 217). From a sentence to consecutive terms on all counts, he has appealed. 1. Gerald Ferguson, a bar owner, was held up by Logan and two other men on December 30...
Views: 8
Plaintiff, a water company, seeks specific performance of a service agreement under which it claims the exclusive right to furnish water to the successive “units" of a subdivision development. The subdividers appeal from an adverse judgment. The Rosemont subdivision is situated in the unincorporated area of Sacramento County just south of Highway 50. Owner of the land was Wunderlich Develo...
Views: 6
In an indictment, defendant and a codefendant were charged in two counts with violation of section 11531 of the Health and Safety Code. Defendant was arraigned in superior court; a motion to set aside the indictment under section 995 of the Penal Code was made, continued, and later withdrawn. Defendant pled not guilty to both counts. After a trial by jury, a verdict of guilty as to count I was re...
Views: 11
Appellant Rulon Johnson appeals from an order of the superior court dismissing his complaint for divorce for lack of jurisdiction. The order was predicated on a motion by June Elizabeth Johnson, his wife, respondent, on the ground that Rulon is not a California resident within the meaning of Civil Code, section 128. A prior motion by June to strike the complaint on the ground that California was ...
Views: 0
Respondent, a doctor of medicine, moved his family from Ohio to California in 1955. He brought certain funds with him, representing his earnings in Ohio. The parties agree that these earnings were earned during his marriage; *103therefore they were "quasi-community property” as defined in Revenue and Taxation Code, section 15300. These funds were his separate property under the law of Ohio. In Cal...
Views: 0
This appeal is taken from the order of the trial court made following a hearing which resulted in a determination that appellant was still a mentally disordered sex offender and recommitted him to the Department of Mental Hygiene for placement in a state institution. (Cf. Welf. & Inst. Code, §§5518, 5519. ) 1 By way of assignments of error appellant contends (1) that earlier procee...
Views: 8
Plaintiff Verner, Hilby and Dunn, a California corporation, brought this declaratory relief action against the City of Monte Sereno and its city clerk, Winifred Frost, to obtain an adjudication of the uneonstitutionality of its Ordinance 16, dealing with the regulation and licensing of businesses, trades and professions. From the judgment upholding its constitutionality, plaintiff appeals. ...
Views: 0
Three actions were consolidated for trial and this is an appeal from the judgment in those actions which denied appellants tax refunds after additional assessments were levied for the years 1951 and 1952. Appellants, the only partners in the Sacramento Novelty Company, filed partnership returns for the years 1951 and 1952. After audit, the respondent determined that neither the partnership retu...
Views: 1
This is an original application to compel the City Council of Maywood and the City Clerk of Maywood to call and conduct a special election for the recall of Councilman John P. Kearney and Councilwoman Maymie R. Anderson based upon two recall petitions filed on March 29, 1966. There is no disagreement as to the facts. The petitioners attempted to recall Kearney and *894 Anderso...
Views: 8
245 Cal.App.2d 160 (1966) COW HOLLOW IMPROVEMENT CLUB et al., Plaintiffs and Respondents, v. BOARD OF PERMIT APPEALS OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Respondents; LENA DiBENE et al., Real Parties in Interest and Appellants. Civ. No. 22796. California Court of Appeals. First Dist., Div. One. Sept. 23, 1966. William L. Ferdon and Chickering & Gregory for Real P...
Views: 11
Appeal by the defendants and cross-appeal by plaintiff from a judgment for damages for violation of a right under a written license agreement to occupy real property. Plaintiff, a California corporation, for more than 20 years last past, has been engaged in the business of selling automobile supplies, accessories and other merchandise some of which is heavy, and some of which is bulky such...
Views: 11
The petitioner, George James Morgan, by petition for writ of habeas corpus, challenges the validity of the writ of rendition issued by the Governor of the *906 State of California ordering his arrest and extradition to Wyoming to stand trial for nonsupport of his minor child. The facts relevant to an understanding of this proceeding commence with the marriage of petitioner to Carol Ann Morgan...
Views: 7
In this declaratory relief action plaintiff St. Paul Fire & Marine Insurance Company is a truck liability insurer which seeks to impose coverage on two other truck insurance carriers under the “loading and unloading” clauses of the others’ policies. The suit was submitted for decision on an agreed statement of facts supplemented by additional evidence. There is no factual dispute. The arra...
Views: 5
On this appeal by Guarantee Insurance Company, hereafter appellant, from an order denying its motion for an order after judgment, the sole question presented is whether section 11580.2, subdivision (g) of the Insurance Code, entitles appellant to a setoff for payments made to its insured, respondent, under the medical payments provision of the policy against an award made under the uninsured mo...
Views: 9
On November 6, 1964, an information was filed charging appellant with grand theft from the person in violation of section 487, subdivision 2, of the Penal Code. She was also charged with two priors, of grand theft in 1948 and burglary in 1948. The language of the information is essentially that of the statute. Appellant was arraigned and pleaded “Not Guilty” and denied the priors. A trial date wa...
Views: 0
On March 2, 1965, appellant, a parolee, was found guilty hy a jury of possession of narcotics in violation of section 11500 of the Health and Safety Code. Appellant admitted four prior felony convictions for possession of narcotics. Criminal proceedings were suspended, and after proceedings were conducted pursuant to Penal Code, section 6451 (now Welf. & Inst. Code, § 3051), 1 o...
Views: 1
Defendant appeals from the order of the trial court denying his petition for writ of error coram nobis. *76 The record before us indicates that on November 14, 1961, appellant entered a plea of guilty to a charge of violating section 11500 of the Health and Safety Code. The information also alleged that appellant previously had been convicted of violating section 11500 of ...
Views: 15
The sole question presented here is whether the term “uninsured motor vehicle” as used in Insurance Code section 11580.2 includes a vehicle which was insured by a company which became insolvent after the vehicle’s operator had become liable for damages for bodily injury. In this action for declaratory relief plaintiff is the insured and defendant her insurer under a policy of automobile in...
Views: 8
Petitioner seeks review of an order of the Public Utilities Commission which reaffirms a commission rule requiring a communications utility to summarily discontinue service to a subscriber if advised by any law enforcement agency that the service is being used for unlawful purposes. We conclude that inherent in this naked rule is a constitutional infirmity, but that the defect is not necessaril...
Views: 23
This is an appeal by Occidental Life Insurance Company of California from a judgment on a group major medical expense insurance policy. Plaintiff Lester Laing sued for cash benefits under the policy as written and, alternatively, to reform the policy by deleting from it two exclusionary provisions which Occidental contended prevented recovery. 1 The first cause of action—which was ba...
Views: 8
Defendant appeals following his conviction in a jury trial of two counts of grand theft (Pen. Code, §487), two counts of forgery (Pen. Code §470), and two counts of procuring a forged instrument to be recorded (Pen. Code, § 115). The imposition of judgment was suspended and defendant was granted probation. The charged offenses arose out of dents in which defendant, an aluminum secured purchaser...
Views: 11
Blake and Carter appeal from a judgment in favor of the insurance company declaring Blake’s automobile insurance policy void from its inception because of fraudulent statements in his application for the policy. In 1962 Blake obtained automobile insurance by submitting an application in which he answered two questions falsely. The first question was “Have you or any other driver of this car: ...
Views: 11
These two consolidated appeals represent the appellate phase of a minor skirmish in a major battle which has once before reached the official reports in Steele v. Superior Court, 56 Cal.2d 402 [15 Cal.Rptr. 116, 364 P.2d 292], The parent litigation is a case entitled Steele v. Litton Industries, Inc., et al., which for several years has been and still is pending in th...
Views: 26
Defendant appeals from judgment of conviction, after jury trial, of murder in the first degree with life imprisonment. *122 Questions Presented 1. Sufficiency of the evidence. 2. Alleged misconduct of the district attorney. a. Opening statement. b. Cross-examination of defendant. c. Examination of witness James. d. Cross-examination of Priscilla Slagl...
Views: 22
This litigation tests the legality of two alleged joint unified school districts on the west side of Stanislaus and Merced Counties. As of March 9, 1965, the date of the first election hereinafter referred to, the school districts involved, starting at the north, were as follows: In Stanislaus County: 1) Patterson Joint Unified School District, including as components the former Patterson School D...
Views: 0
Defendant, a previously convicted felon, appeals from the judgment entered following a nonjury trial convicting him of possessing a coneealable weapon in violation of section 12021 of the Penal Code. 1 On September 25, 1964, two Los Angeles police officers and a state narcotic agent entered and searched an apartment in Los Angeles pursuant to the authority of a search warrant. The affidavit u...
Views: 17
Respondent was awarded a judgment of mandate ordering the State Personnel Board to restore him to a position as assistant counsel with the Secretary of State, from which he had been discharged, and to compensate him for loss of pay. The board and its members appeal. Following the appeal, the trial court made a special order that the appeal should not operate as a stay. The board and its members a...
Views: 8
Plaintiff appeals from a judgment in favor of the County of Sonoma (hereafter County) denying relief in his action to quiet title and decreeing that the County had a valid lien for hospital services rendered to his former wife, Amelia. Plaintiff argues that the trial court erred in concluding that: 1) the County's recorded lien was valid and had priority over his prior unrecorded deed; and 2) his...
Views: 1
Chacksfield, the sub divider of a tract of land in Los Angeles, secured approval in 1957 from the city for a subdivision (Bus. & Prof. Code, §§ 11503, 11550 et seq.) by dedicating certain easements to the Los Angeles Flood Con *194 trol District for a flood control channel and by agreeing to construct specific improvements around the proposed flood control channel. (Bus. & Prof. Co...
Views: 1
Petitioner asks this court to issue forthwith a writ of mandate commanding the respondent court to set its cause of action for trial prior to October 10, 1966, or to grant the alternative .relief of a partial trial by allowing the swearing of one witness and then continuing the matter to a time mutually convenient to the court and to the parties for the completion of the trial. We have conclude...
Views: 7
In a complaint entitled as one “for declaratory relief and restraining order,” substituted plaintiff, Judy Robinson, a member of a club called the “Manana Club” in Sacramento (through her father as guardian ad litem) seeks to have a rule of the governing board of the Sacramento City Unified School District, known as "Rule 4, ’ ’ declared invalid as unconstitutional. In the trial court judgmen...
Views: 8
Plaintiff wife has appealed from several orders made in proceedings which were instigated by defendant husband in which he secured an order relieving him from an obligation of making monthly payments for the support, care and maintenance of plaintiff, an order requiring her to contribute to the cost of the care, maintenance and support of their minor incompetent son, and an order declaring that d...
Views: 24
We granted a rehearing in order to reconsider this appeal in the light of an augmented record. A courtroom colloquy in which defendant participated at the time of his arraignment on July 14, 1965, was not included in the reporter’s transcript nor brought to our attention until after our original decision was filed. Defendant, an inmate of Folsom Prison, appeared in superior court on July 14, 19...
Views: 13
245 Cal.App.2d 292 (1966) 53 Cal. Rptr. 816 DAVID W. SMITH et al., Petitioners, v. WORKMEN'S COMPENSATION APPEALS BOARD, HAROLD EUGENE SNOOK et al., Respondents. Docket No. 8184. Court of Appeals of California, Fourth District, Division One. September 29, 1966. *293 Arnold S. Petersen for Petitioners. Everett A. Corten, Edward A. Sarkisian, Romaine E. Harper and Donald C. Lieb for Respondents. CO...
Views: 7
A jury found defendant guilty of possession of marijuana. (Health & Saf. Code, § 11530.) The appeal is from the order granting probation. A codefendant who drove the car in which defendant was riding at the time of his arrest also was found guilty. Pacts At 12 o ’clock midnight, defendant was a passenger in an auto pursued by the police for failing to halt at a stop sign. After the of...
Views: 11
Defendant appeals from a judgment imposing sentence following his conviction by a jury of a sale of heroin. The sale was made on January 14, 1963. Defendant was not apprehended until December 22, 1965. The information was filed on February 14, 1966. It was stipulated that defendant’s absence from the State of California had tolled the statute of limitations. At about 7:40 p.m. of January 14, ...
Views: 12
Defendants-insurers appeal from a judgment declaring that the insurance policy issued by them to plaintiff s-respondents obligated appellants to defend an action for damages brought against respondents by the McLaughlins, husband and wife. For reasons stated hereafter we do not determine at this time what obligation, if any, appellants may ultimately have to indemnify respondents in the event t...
Views: 12
245 Cal.App.2d 265 (1966) THE PEOPLE, Plaintiff and Respondent, v. LARRY JOHN WRIGHT, Defendant and Appellant. Crim. No. 171. California Court of Appeals. Fifth Dist. Sept. 28, 1966. Morris M. Sherr, under appointment by the District Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, Edward A. Hinz, Jr., and Michael Buzzell, Deputy Attorneys General, for Plainti...
Views: 12
J.Petitioner Montyk was employed by American Building Maintenance Company as a janitor. Upon his application for workmen’s compensation benefits, the referee found that petitioner had sustained a hernia as the result of repeated work strains up to April 2, 1965, which is the last day petitioner worked prior to undergoing surgery. On April 5, 1965, petitioner underwent surgery by his own doctor....
Views: 12
Did defendant’s failure to equip its motor vehicles with seat belts, under the evidence, present jury questions as to negligence and proximate cause under the Federal Employer’s Liability Act (45 U.S.C.A. § 51) ? That is the issue here. At the close of plaintiff’s case, defendant’s motion for nonsuit was granted and the jury was discharged. Plaintiff appeals. Plaintiff’s testate was employ...
Views: 7
Defendant was charged by indictment with the sale of heroin, in violation of section 11501 of the Health and Safety Code. Trial by jury was duly waived and the matter was submitted on the transcript of the testimony before the grand jury, supplemented by additional oral testimony. Defendant was found guilty as charged. Pursuant to *255 then section 6451 of the Penal Code, 1 ...
Views: 7
J.Defendant and another were tried jointly for burglary (Pen. Code, § 459) and grand theft (Pen. Code, § 487, subd. 1). One attorney had been appointed to represent both defendants and did so throughout the prosecution of the People’s case. The evidence was that a house in San Diego County had been burglarized; some of the things taken were a .22 pistol, camera, two watches, tape recorder and two...
Views: 14
This is an appeal from a judgment for the value .of a water system taken by inverse condemnation. Respondent and his associates developed and subdivided a tract of land in Kern County, including construction of a domestic water system to serve approximately 96 homes in tracts 2394 and 2427. Prior to the commencement of this action, respondent acquired the interests of his associates. On Novembe...
Views: 0
This is an appeal from a decree settling the final account and approving the report of Lena Mahan, administratrix of the estate of Paul Roscelli and ordering distribution of the estate property. Appellants contend the probate court erred in two respects, first, in computing the statutory *189fees of the administratrix upon the gross value of the estate, rather than upon gross value less certain li...
Views: 0
In this action for personal injuries arising out of an automobile accident the jury returned a verdict in favor of plaintiff for $850, and on February 28, 1964, judgment was entered thereon. Plaintiff deemed this judgment insufficient and moved for a new trial upon the following grounds: *331‘‘ 1. Insufficiency of the evidence to justify the verdict; 1 ‘ 2. That the verdict is against the law. ’ ’...
Views: 0
Plaintiff filed a complaint for dissolution of a partnership and for accounting. After the defendant had answered, generally denying plaintiff’s allegations, the matter was heard by the court sitting without a jury. On January 17, 1964, the trial court ruled in favor of the plaintiff and on January 22, 1964, filed a memorandum re decision. Findings of fact and conclusions of law were filed; judgm...
Views: 3
The sole question to be decided in this appeal is whether, under the uncontroverted facts presented in affidavits filed in support of defendant’s motion for summary judgment which the trial court granted, section 10214 of the Insurance Code requires defendant to apply the group life insurance premium refunds it has received for the benefit of plaintiff and the other insured employees of defendant,...
Views: 0
A jury found defendant guilty of possession of a sawed-off shotgun (Pen. Code, § 12020) and of being a convicted felon in possession of a concealable firearm (Pen. Code, § 12021). He was sentenced to concurrent prison terms on the two counts, and appeals. At about 2 a.m. on a March day in 1965, appellant was a passenger in a car driven by one Crane. Officers in a patrol ear saw the vehicle...
Views: 16
Petitioner, a member of the State Bar admitted to practice in 1950, was convicted in November 1964 on four counts of grand theft. Motions for new trial and probation were denied, and he was given consecutive sentences of one year in the county jail on each count. He did not appeal. 1 We suspended petitioner from the practice of law and referred the matter to the State Bar for heari...
Views: 10
By a petition filed in the juvenile court under section 602 of the Welfare and Institutions Code on August 2, 1965, appellant Robert Acuna, a minor of the age of 17 years, was charged with a violation of section 245 of the Penal Code (assault with a deadly weapon), and by a supplemental petition dated August 17, 1965, he was charged under said section 602 with violations of sections 647, subdiv...
Views: 0
Defendant has appealed from a “judgment” (order admitting her to probation) following her conviction under an information which charged her with four separate *214 offenses arising out of her applications for and her receipt of payments under the aid to families with dependent children program. 1 In the first count she was charged with grand theft (Pen. Code, §§ 484 an...
Views: 0
In compliance with a desire to establish a freeway on part of highway 99 in Kern County, the People of the State of California, acting through the Department of Public Works, brought this suit to condemn property of Giumarra Vineyards Corporation located in its 356.63-acre vineyard, some seven miles north of Bakersfield. The complaint specified two parcels subject to the eminent domain proceedi...
Views: 1
This is an appeal by plaintiff, Adline Warshaw, from an order which terminated defendant’s obligation, under an order previously made, to make payments for the support of the parties’ minor children. Plaintiff contends the lower court abused its discretion in granting this relief to defendant. Plaintiff was awarded a divorce from defendant in 1950 in Michigan and was given custody of their thre...
Views: 6
Plaintiff instituted a malpractice action against defendant doctor after she suffered an anaphylactic reaction to a hypodermic injection given to her by defendant. A jury trial resulted in a verdict in favor of defendant. From the judgment subsequently entered plaintiff appeals. The trial court refused to give instructions requested by plaintiff on the doctrine of res ipsa loquitur. The single ...
Views: 4
A jury found defendant guilty of two counts of receiving stolen property (Pen. Code, § 496). He appeals from the judgment of conviction. We have reviewed the record and the facts of the case may be summarized as follows: On August 31, 1965, the proprietor of Del’s Country Store, located at 9565 Folsom Boulevard in Sacramento County, discovered that his place of business had been burglarized. Fo...
Views: 13
This is an appeal from the judgment dismissing plaintiffs’ complaint upon the granting of defendant’s motion for a summary judgment. These background facts are undisputed. Plaintiffs are four married couples who own homes situated along Mulholland Drive as it winds along the edge of and near the crest of the Santa Monica Mountains above Laurel Canyon and overlooking the San Fern...
Views: 4

Non-Government Works Copyright © 2001-2026 Think Computer Corporation. All Rights Reserved.

About   Apps, Extensions & AI   System Status   Privacy   Security   Contact Us

ⓘ Information Facts

Sign In Sign Up
Issues Laws Cases News Firms Entities Pro
Sign In Sign Up