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All Reporters → cal-rptr → Volume 83

Opinions in cal-rptr Volume 83

Opinion Plaintiff bank had a money judgment against defendant Adair (the amount of which the record does not disclose) and levied execution against personal property of the defendant. At the time of the levy the property was in the possession of a public carrier which had been engaged by defendant to move the property from defendant’s rented home in Los Angeles to a newly rented home in Hillsbo...
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Opinion A jury found defendant guilty of burglary, rape and two counts of first degree robbery. As to the robbery counts, the verdicts each contained the additional finding that defendant was armed at the time of the commission of the offense. Defendant appealed and, in People v. Smyers, 261 Cal.App.2d 690 [68 Cal.Rptr. 194], the judgment was reversed “for the purpose only of rearraigning a...
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Opinion Defendant was convicted by the court of a violation of section 12090 of the Penal Code (unauthorized alteration of identification number on a handgun) and of the misdemeanor violation of section 12031, subdivision (a) of the Penal Code (carrying a loaded firearm without a permit in a public place), and was granted probation. He appeals. At about 2:30 or 3 a.m. Russell Cansino heard a ...
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Opinion This action was brought by plaintiff Southern California Title Clearing Company, a partnership, for declaratory relief and partition. Plaintiff is the owner of an undivided five-sixths, and defendant Hazel K. Laws owns the other one-sixth of the fee in a lot which is subject to a community oil and gas lease. Defendant Albert Stevenson has, by assignment, acquired the original...
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Opinion Defendants, all young Negroes, were arrested five days after the assassination of Dr. Martin Luther King and charged with possession of a combustible substance in violation of subdivision (a) of section 452 of the Penal Code. This section provides in pertinent part: “Every person who possesses any flammable, explosive or combustible material or substance, or any device in an arrangement...
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Opinion Plaintiff husband sued defendant for divorce alleging that their two minor children reside with defendant in Michigan and that $30 per week is a reasonable sum to pay for child support, 1 and praying for a divorce, award of child custody to defendant and for an order that he continue making child support payments of $15 per week for each child. Plaintiff obtained an order for publicat...
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Opinion James Andrew Christensen pleaded guilty to possessing marijuana after the court denied his Penal Code section 1538.5 motion to suppress the marijuana evidence. He appeals the court’s order granting him probation (deemed a final judgment, Pen. Code § 1237) which imposed no time to be spent in custody, but did require payment of a $200 fine and adjudicated the crime a misdemeanor. ...
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Opinion Plaintiff sued San Diego County in negligence and conversion for destroying his interest in 28 greyhounds at the county’s Vista Animal Shelter October 29, 1963. Plaintiff’s appraiser .testified the dogs’ value was $8,750. The county’s appraiser’s minimum value was $2,960. The judgment, following jury trial, favored plaintiff in the sum of $3,365 with interest at 7 percent from Oct...
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Opinion Marvin John Willett petitions for writ of prohibition or mandamus after the superior court denied his Penal Code section 1538.5 motion to suppress marijuana and dangerous drug evidence found by the police in a warrantless search of his car. Willett is charged with possessing marijuana (Health & Saf. Code § 11530), possessing marijuana for sale (Health & Saf. Code § 11530.5), posse...
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Opinion By his petition for writs of mandate and prohibition, petitioner seeks (1) an order directing the respondent court to vacate its original *783 order, made March 15th and signed and filed March 21, 1968, in supplementary proceedings in a divorce action between Russell A. Patterson and Thelma L. Patterson, which directed petitioner, as sublessee, to pay the monthly rent...
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Opinion The real parties in interest in this matter are divided into two groups. The first group, consisting of five plaintiffs (James Dozal, Robert La Rue, Tommie Robbins, Ralph Holiday, and Ron Walton), filed a joint complaint for declaratory and injunctive relief in the Superior Court of Los Angeles County on July 24, 1969. On the same date on which the complaint was filed, the court issued ...
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Opinion On July 3, 1969, real party in interest, Joseph Del Bono, filed a complaint seeking a temporary restraining order and a preliminary injunction enjoining the County of Los Angeles and its agents, servants and employees from arresting the plaintiff or his employees for the presentation of so-called “bottomless entertainment” at plaintiff’s place of business. The complaint alleged that the...
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Opinion Defendant Insurance Company of North America, hereinafter referred to as “INA,” appeals from an order entered October 4, 1968, setting aside a judgment dismissing this action. The judgment of dismissal was rested upon the ground that the first amended complaint upon which plaintiff-respondent had elected to stand, failed to state facts -sufficient to constitute a cause of action. ...
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Opinion Petitioner seeks review and annulment of an order of the Workmen’s Compensation Appeals Board denying his petition for reconsideration of a supplemental decision awarding permanent disability benefits. The sole issue raised by the petition is whether the board, in imposing the penalty provided by section 5814 of the Labor Code, should have applied the 10 percent penalty to temporary dis...
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*158 Opinion Statement of the Case On May 6, 1966, by information number 322179, the defendant was charged with violation of section 11530 of the Health and Safety Code (possession of marijuana). On June 24, 1966, he entered a plea of guilty. On July 27, 1966, sentence was pronounced. The pertinent part of the judgment reads as follows: “Sentence as indicated below suspended. Probation gr...
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Opinion In each of these two wrongful death actions against defendant Gourneau and others, consolidated below as well as here, the trial court granted Gourneau’s motion to dismiss for failure to file return of summons and have judgment entered within three years, absent a stipulation by the parties that the above time be extended, pursuant to section 581a, Code of Civil Procedure. The app...
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2 Cal.App.3d 1002 (1969) 83 Cal. Rptr. 70 THE PEOPLE, Plaintiff and Respondent, v. JACK E. BROCKMAN, Defendant and Appellant. Docket No. 7579. Court of Appeals of California, First District, Division One. December 23, 1969. *1004 COUNSEL Marteen J. Miller, Public Defender, and Michael F. O'Donnell, Deputy Public Defender, for Defendant and Appellant. Thomas C. Lynch, Attorney General, Michael J. ...
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Opinion Defendant appeals from a judgment of conviction, following a trial by the court, of murder in the first degree (Pen. Code, § 187) and kidnaping (Pen. Code, § 207), and from an order denying his motion for a new trial.1 The sole contention is that the trial court improperly admitted an incriminating tape-recorded statement given by defendant. *1005The facts pertinent to our inquiry are as f...
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Opinion The preliminary facts giving rise to the petition for writ of mandate, the issuance of which is the subject of this appeal are not in dispute. On or about December 31, 1963, Herbert Williams (hereinafter Williams) was convicted of violating Vehicle Code section 23102, subdivision (a) (driving a motor vehicle while under the influence of intoxicating liquor) in the Municipal Court of t...
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OPINION This is a review of a decision by the Alcoholic Beverage Control Appeals Board reversing a decision of the Department of Alcoholic Beverage Control ordering revocation of an off-sale beer and wine liquor license. *213 On June 19, 1968, the department filed an accusation against real party in interest, Samuel J. Lopez, doing business as Kleenway Market. The pertinent ...
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Opinion Statement of the Case Defendant was charged by amended information with the crime of assault with a deadly weapon with intent to commit murder in two counts. Count I charged an assault against the person of Rex Council. Count II charged an assault upon the person of Roderick] Ferguson. It was further alleged that the defendant had suffered a prior conviction of murder in the State o...
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Opinion Defendants appeal from a judgment decreeing the foreclosure of plaintiffs’ mechanic’s liens for work performed in connection with the construction of 34 apartments consisting of separate multiple units in a subdivided tract located in the City of Palm Springs. This controversy involves two actions brought by various subcontractors to foreclose their mechanic’s liens. The acti...
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Opinion Defendant Walter J. Taylor was found guilty by a jury of violating Penal Code section 496 (receiving stolen property) and Penal Code section 12021 (possession of a concealable firearm by one previously convicted of a felony). He acted as his own attorney at the trial. His appeal is from the nonappealable “verdict” which we shall treat (as obviously intended) as an appeal from the judgme...
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Opinion Petitioner, a deputy public defender of the County of Los Angeles, seeks a writ of certiorari to review an order of the respondent court holding him in contempt. It is the practice of the public defender’s office in the County of Los Angeles to attempt to assign a deputy public defender working in felony trials as many original trial settings as possible in a single department of the ...
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*800 Opinion This is the second appeal in the within plagiarism action involving property consisting of television scripts, summaries or story outlines, plaintiffs having successfully challenged an earlier judgment notwithstanding the verdict (245 Cal.App.2d 593 [54 Cal.Rptr. 130], sub nom Donahue v. Ziv Television Programs, Inc.). Upon retrial the jury again returned a verdict for plaint...
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*235 Opinion Petitioner was arrested on a charge of misdemeanor drunk driving, in violation of subdivision (a) of section 23102 of the Vehicle Code. He was asked to, and did, submit to a so-called “breathalyzer” test, the result of which purportedly showed that his blood had an alcoholic content of .21 percent. It is admitted that the People intend to prosecute him on the charge for which he ...
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*674 Opinion Plaintiff appeals from judgment after jury verdict in favor of defendants in an action to foreclose a mechanic’s lien. Questions Presented 1. Is the jury’s finding that plaintiff, who was unlicensed, was acting as a contractor supported by the evidence? 2. Is the action moot because of satisfaction of the judgment? Record Plaintiff is a retai...
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Opinion Plaintiff (appellant) commenced an action on March 9, 1964, seeking damages for personal injuries allegedly sustained on or about March 12, 1963, as the result of the negligence of defendant (respondent) Torvald Klaveness, a Norwegian corporation, and the unseaworthiness of its mer *1079 chant vessel, S. S. Baleares, on which plaintiff was working as a longshoreman while the vessel ...
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Opinion Plaintiffs appeal from a judgment denying recovery on a promissory note, dated January 17, 1957, secured by a second purchase money trust deed upon improved real property known as the Poinsettia Hotel in Ventura, California, and from an order denying their motion to set aside and vacate said judgment and to enter judgment in their favor. The case was tried upon a stipulated s...
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Opinion The facts are not in dispute. On September 7, 1965, defendant Walter Hurst, while operating an uninsured two-wheeled motorcycle owned by him, was involved in an accident with an uninsured motorist. Defendant Yolanda Hurst, who is Walter’s wife, owned a Pontiac automobile, which had been insured by plaintiff. The policy included a coverage called “protection against uninsured motor...
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Opinion Plaintiff Joseph A. Brown appeals from a judgment of dismissal after the sustaining of a demurrer to his second amended complaint without leave to amend. A purported appeal by him from the related nonappealable order sustaining the demurrer must be dismissed. (See Lavine v. Jessup, 48 Cal.2d 611, 614 [311 P.2d 8].) *869 Brown is an attorney at law. His second amended complaint a...
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Opinion Defendant appeals from a judgment of the superior court granting a peremptory writ of mandate to compel the Department of Motor Vehicles (hereinafter referred to as “the department”) to refrain from suspending plaintiff’s driving privileges. Facts: On May 13, 1965, plaintiff, in propria persona, entered a plea of guilty in Division 51 of the Municipal Court for the Los...
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Opinion On December 26, 1967, petitioner filed an application with the Workmen’s Compensation Appeals Board (hereinafter the Board) alleging that he suffered an industrial injury to his right leg because of continuing trauma thereto during his employment between November 30, 1957, and October 26, 1966.1 The Board found that petitioner incurred an injury *624in October 1966, but that his claim was ...
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Opinion Defendant, a life prisoner, was charged with an assault with malice aforethought and with a deadly weapon and by means of force likely to produce great bodily injury upon another inmate, James Carter. (Pen. Code, § 4500.) A jury found defendant guilty as charged and fixed the penalty at death. This appeal is automatic. (Pen. Code, § 1239, subd. (b).) - On the morning of January 7; 1968, Se...
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Opinion Defendant appeals from a judgment convicting him of first degree robbery of Pat Morano (count 1), degree Norman Gulsvig (count 2), and assault with intent to murder Gulsvig (count 3). The trial court sentenced defendant to state prison on all counts, but suspended execution of the sentence on the third count pending completion of the terms under counts 1 and 2, which terms were ordered ...
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1 Cal.3d 658 (1970) 463 P.2d 403 83 Cal. Rptr. 179 THE PEOPLE, Plaintiff and Appellant, v. WILLIAM COLLINS, JR., Defendant and Respondent. Docket No. Crim. 13952. Supreme Court of California. In Bank. January 23, 1970. *659 COUNSEL Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Evelle J. Younger, District Attorney, Harry Wood and Joel Paul Hoffman, Deputy Distric...
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1 Cal.3d 609 (1970) 463 P.2d 408 83 Cal. Rptr. 184 THE PEOPLE, Plaintiff and Respondent, v. WILLIAM BANDHAUER, Defendant and Appellant. Docket No. Crim. 12873. Supreme Court of California. In Bank. January 21, 1970. *610 COUNSEL Herbert E. Selwyn, under appointment by the Supreme Court, for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, a...
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Opinion Plaintiff Blackmon appeals from a judgment in favor of defendants Hale, Lee, United California Bank, and Bank of America entered in an action to recover $23,500 plus interest. He sought to recover this sum from defendants on the ground that each of them was liable for *554 the failure of defendant Adams to repay plaintiff $23,500 that plaintiff entrusted to Adams. A d...
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1 Cal.3d 600 (1970) 463 P.2d 426 83 Cal. Rptr. 202 WAYNE E. WISE, Plaintiff and Respondent, v. SOUTHERN PACIFIC COMPANY, Defendant and Appellant. Docket No. S.F. 22686. Supreme Court of California. In Bank. January 20, 1970. *602 COUNSEL William R. Denton and W.A. Gregory for Defendant and Appellant. Perkins, Carr & Anderson, Leo Fried and Thomas C. Perkins for Plaintiff and Respondent. Bodle...
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1 Cal.3d 627 (1970) 463 P.2d 432 83 Cal. Rptr. 208 LOUIS J. LeVESQUE, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, FOOD MACHINERY AND CHEMICAL CORPORATION et al., Respondents. Docket No. S.F. 22697. Supreme Court of California. In Bank. January 22, 1970. *629 COUNSEL Morgan, Beauzay & Hammer, Robert T. Bledsoe and Victor H. Beauzay for Petitioner. Everett A. Corten, Rupert A. Pedrin, ...
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Opinion Plaintiffs Thurlow E. Coon and Tom Sherrard appeal from a judgment in an action for declaratory relief that determined the membership of Basic Economic Education, Inc., a California nonprofit corporation, and the validity of the acts of Basic’s board of directors. Coon and Sherrard together with Gordon Gran, Sidney Evans, and Henry B. Cramer formed Basic on June 10, 1960, for...
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Opinion Angelino Paul Buccheri appeals from an order made on August 5, 1968, refusing to set aside the order of October 19, 1965, revoking the seven-year probation granted him on December 4, 1963, and December 17, 1963, following the suspension of the execution of his sentences in three cases (Cr. Nos. 273498, 280292, 281175) in which he pled guilty to burglary and attempted burglary. 1 App...
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Opinion Defendant was charged by information with a violation of section 211 of the Penal Code (robbery). After motions to suppress evidence were denied, and proper waivers were obtained, defendant was tried before the court without a jury. He was found guilty of second degree robbery and was committed to the Youth Authority for the term prescribed by law. The appeal is from the judgment. A pur...
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Opinion Defendant was charged with burglary and with receiving stolen goods; two prior felony convictions were also alleged. He pled guilty to the receiving count; 1 criminal proceedings were suspended and he was committed to the California Rehabilitation Center. Ninety days later, he was returned to the criminal court on the finding of the superintendent that he was unsuitable...
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Opinion This mandate proceeding embodies a dispute over the expenditure of Placer County revenue from a hotel and motel room tax. Petitioner, representing himself and other motel operators in the Lake Tahoe area of the county, seeks to have the county earmark and spend a substantial part of the revenue for promoting and advertising the Lake Tahoe area, in conformity with a “preamble” attached t...
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Opinion Petitioner Southern Pacific Company, the defendant in a wrongful death action in the respondent superior court, seeks a writ directing the court to compel the plaintiffs to answer four interrogatories. The plaintiffs have been served as real parties in interest and appeared at oral argument in response to our order to show cause. The complaint alleges four kinds of conduct on the part...
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Opinion Defendant was convicted, following a jury trial, of grand theft (Pen. Code, § 484) 1 with a prior felony conviction. He appeals from that part of the judgment adjudging him to have suffered the prior conviction. 2 In the instant information, filed on March 15, 1968, defendant was *275 charged in Santa Clara County with grand theft. The information also alleged that defendant had...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 260 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 261 OPINION Petitioner, following the denial of its motion for summary judgment in an action pending in respondent c...
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Opinion Petitioner, following the denial of its motion for summary judgment in an action pending in respondent court, seeks a peremptory writ of mandate ordering that court to dismiss the complaint and to enter summary judgment for petitioner. It is concluded that petitioner is entitled to seek review of the trial court’s denial in proceedings of this nature, and that on the merits it is entitled...
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2 Cal.App.3d 989 (1969) 83 Cal. Rptr. 246 THE PEOPLE, Plaintiff and Respondent, v. JOHN RAYMOND CLINE, Defendant and Appellant. Docket No. 7230. Court of Appeals of California, First District, Division One. December 23, 1969. *991 COUNSEL Frances L. Hancock, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant A...
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Opinion Defendant has appealed from a judgment of conviction entered upon jury verdicts which found him guilty of lewd and lascivious conduct in violation of Penal Code section 288, of sex perversion in violation of section 288a, and of unauthorized entry of property in violation of section 602.5 (a lesser but necessarily included offense of the, burglary in violation of section 459 which had been...
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Opinion Edward J. Terzian (hereinafter “plaintiff”), the insured under an automobile policy issued by defendant insurance carrier, brought this action under the policy’s uninsured motorist coverage. He appeals from a judgment for defendant entered after nonjury trial. Plaintiff’s policy included uninsured motorist coverage as required, and with the provisions required, by Insurance C...
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Opinion Appellants, Jake Orlando Ortega and Floyd Dan Rodriguez, were jointly charged with a violation of section 211 of the Penal Code (robbery). The information alleged that both appellants were armed with deadly weapons, to wit, guns, at the time of the commission of the offense. Both men entered pleas of not guilty and each made a motion for severance of trial which motions were denie...
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Opinion Petitioner asks for a writ of prohibition to restrain the superior court from enforcing its order returning moneys, seized under search warrants, from Nebiolini, Frugoli and Gunter, and, pursuant to an arrest, from Becker (real parties in interest). The court’s order of return was pursuant to a motion made by real parties, in interest under section 1538.5 of the Penal Code.1 The facts disc...
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Opinion Plaintiff wife appeals from an interlocutory judgment of divorce and from an order denying a motion for new trial. 1 Plaintiff and defendant were married on January 31, 1958, separated in August of 1963, and had no children as a result of their marriage. The wife commenced this action on May 29, 1964, seeking a decree of separate *1017 maintenance on the ground of extreme cruelty....
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OPINION J.— A jury found defendant guilty of two counts of the offense of battery (Pen. Code, § 242) committed against two peace officers engaged in the performance of their duties. Inasmuch as a battery committed under such circumstances is a felony (Pen. Code, § 243) the court sentenced defendant to state prison. 1 He is appealing from the judgment. *149 Los Angeles Police Officers Fide...
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Opinion Statement of the Case Defendant was charged by information with the crime of'robbery (Pen. Code, § 211) in count I. It was further alleged that at the time of the commission of the offense he was armed with a deadly weapon, to wit, a revolver. Count II of the information charged illegal possession of a firearm by a convicted felon in violation of section 12021 of the Pena...
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Opinion On March 16, 1968, several police officers of the Yuba City Police Department entered appellant’s apartment at 357 Ainsley *297 Avenue, Yuba City, California, with a search warrant and found a usable quantity of marijuana and 13 LSD capsules. Appellant was arrested-and charged with possession of marijuana in violation of Health and Safety Code section 11530, and possession of restrict...
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Opinion Arlene Andersen appeals from a judgment entered after a jury returned a $2,800 verdict in this action for personal injuries sustained when plaintiff’s car was struck from the rear by a car driven by defendant Ruth Howland, The sole contention on appeal is that the trial court erred in denying a motion for new trial, limited to the issue of damages, on the basis of newly discovere...
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Opinion On 11 October 1967, Thomas B. Eilken and others (petitioners) petitioned the superior court for a writ of mandate to compel the City of Thousand Oaks (City), its treasurer, Norman Morrison, and the real party in interest, Security First National Bank (Bank), to pay into court all moneys ov/ed to Conejo Valley Development Company (Conejo), against whom petitioners had secured two judgmen...
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Opinion In September 1964, a certain 1962 GMC passenger bus owned by petitioner Greyhound Lines, Inc., while enroute from San Francisco to Vancouver, British Columbia, was involved in a collision with a truck in Shasta County, California. Five persons, passengers in *358 the bus, filed actions for personal injuries against petitioner in the Shasta County Superior Court allegi...
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*350 Opinion Plaintiffs brought this action in inverse condemnation against the state for water damage to real property suffered in 1967, allegedly resulting from acts of the state in connection with the Sacramento River Flood Control Project, dredger tailings, and the Oroville Dam. The trial court sustained the state’s general demurrer without leave to amend. Plaintiffs appeal f...
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Opinion Earl Ray Holder, an inmate at the California Institution for Men at Chino, seeks mandamus to compel the San Diego County Superior Court “to take jurisdiction of [his] petition for probation pursuant to [a provision in Pen. Code, § 1168] and to decide the case on its merits.” 1 We have *781 concluded that section 1168 does not authorize the granting of probation as an alternative to ...
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Opinion Rodolfo Alanis, an inmate at the California Institution for Men at Chino, seeks mandamus to compel the Los Angeles County Superior Court “to take jurisdiction of [his] petition for probation pursuant to . . . [a provision in Penal Code section] 1168 and to decide the case on its merits.” 1 We have concluded that the alternative writ should be discharged and the peremptory writ denied....
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Opinion James Timothy Thomas, an inmate at the California Men’s Colony at San Luis Obispo, seeks mandamus to compel the Los Angeles County Superior Court to hear on its merits his in pro. per. “Petition ... to Recall Commitment to Prison and [Grant] . . . Probation Pursuant to [a provision in] Penal Code section 1168.” 1 We have concluded that the alternative writ should be dis...
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1 Cal.3d 679 (1970) 463 P.2d 711 83 Cal. Rptr. 359 ANGELINE TAORMINO, Plaintiff and Appellant, v. NEAL J. DENNY, Defendant and Respondent. Docket No. Sac. 7849. Supreme Court of California. In Bank. January 27, 1970. *681 COUNSEL Steel & Arostegui and Robert W. Steel for Plaintiff and Appellant. *682 Hewitt, McBride, Kenward & Lane and James R. McBride for Defendant and Respondent. OPINIO...
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I dissent. I would uphold the trial court’s determination that the informer was not a material witness on the issue of guilt, and that disclosure of his identity was. not prerequisite to a fair trial. I concur in that portion of the dissenting opinion of Justice Mosk upholding the sufficiency of the affidavit for the issuance of the search warrant for the reasons stated therein. I would deny the i...
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1 Cal.3d 767 (1970) 463 P.2d 727 83 Cal. Rptr. 375 In re TED BUSHMAN on Habeas Corpus. Docket No. Crim. 13712. Supreme Court of California. In Bank. January 27, 1970. *771 COUNSEL John M. Sink for Petitioner. A.L. Wirin, Fred Okrand and Laurence R. Sperber as Amici Curiae on behalf of Petitioner. David D. Minier, District Attorney, and A. Barry Cappello, Chief Deputy District Attorney, for Respon...
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1 Cal.3d 641 (1970) 463 P.2d 734 83 Cal. Rptr. 382 In re RALPH MARTINEZ on Habeas Corpus. Docket No. Crim. 13858. Supreme Court of California. In Bank. January 23, 1970. *643 COUNSEL Ralph Martinez, in pro. per., and Marsha B. Shanle, under appointment by the Supreme Court, for Petitioner. Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, and David Cunningham, Deputy ...
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I dissent. I would affirm the judgment for the reasons expressed by Mr. Justice Agee in the opinion prepared by him for the Court of Appeal in Paramount Properties Co. v. Transamerica Title Ins. Co. (Cal.App.) 77 Cal.Rptr. 894. Respondent’s petition for a rehearing was denied February 11, 1970. McComb, J., was of the opinion that the petition should be granted....
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*794 Opinion Ronald Walter King pleaded guilty to first degree murder. It was stipulated that the court might read the preliminary hearing transcript for the purpose of approving the plea and determining the degree. After reading the transcript the court approved the plea and stated that it determined the murder to be in the first degree. At the proceeding to determine the penalty a jury fixe...
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1 Cal.3d 755 (1970) 463 P.2d 763 83 Cal. Rptr. 411 THE PEOPLE, Plaintiff and Respondent, v. THOMAS MORAN, Defendant and Appellant. Docket No. Crim. 13525. Supreme Court of California. In Bank. January 27, 1970. *758 COUNSEL James W. Read, Jr., under appointment by the Supreme Court, for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Rober...
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Opinion An information charged defendant with selling lysergic acid diethylamine (hereinafter LSD) in violation of Health and Safety Code section 11912. At the trial the court instructed the jury on the lesser included offence of possession of LSD (Health & Saf. Code, § 11910). The jury found defendant guilty of sale and possession of LSD. Defendant waived application for probation, and the court...
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Opinion Plaintiff insurance company, an out-of-state corporation, entered into a general agency contract with defendant Haidinger-Hayes, Inc., a licensed California insurance agent, effective March 31, 1959. Under the terms of their agreement defendant corporation had authority to solicit and underwrite proposals for insurance, to determine the premium rate, and to issue contracts of insu...
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*623 Opinion Charles Myers, a fireman for the City of Los Angeles, sustained a compensable injury during employment; became disabled February 27, 1954; thereafter was paid full salary in lieu of compensation until his retirement for physical disability on September 7, 1954; filed an application for permanent disability compensation; and on April 28, 1965, received a favorable dec...
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Opinion This action in quiet title involves lands in the Piute Mountains of Kern County. The amended decree quieted appellant’s title “to that certain land described by reference to the 1883 United States Governmfent Survey . . . except only as to those certain mining claims hereinabove set forth, or any of them, as and to the extent any or all of same may be located upon said ...
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*182 Opinion Plaintiff appeals from judgment entered after jury verdict in his fávor, contending that the judgment did not follow the jury verdict. 1 Defendants Title Insurance and Trust Company and Robert H. Myer appeal from said judgment which was modified by the court, and from order denying their motion to strike plaintiff’s motion for leave to file cost bill late....
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Opinion Amy Lou Feist, petitioner, and R. Roger Rowe and the Board of Trustees of Rancho Santa Fe School District, defendants, appeal from a judgment granting a writ of mandamus commanding either a rehearing in the dismissal proceedings against petitioner as a probationary teacher or, in the alternative, reinstatement as a regular, full-time, certificated teacher. For the sake of clarity,...
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Opinion Defendant was charged in three counts, as follows: count I, with robbery of Alex Virgin and Shirley Sanders; count II, with kidnaping Virgen for the purpose of robbery; and, count III, with assault on Robert Orrison with intent to commit the robbery of Sanders. A prior felony conviction was also charged. Defendant admitted the prior conviction. After a jury trial, he was found guilty ...
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Opinion The petitioners, Anaheim General Hospital, Inc. and its insurance carrier, Continental Casualty Company, seek review of a decision (Opinion and Order Denying Reconsideration) of the Workmen’s Compensation Appeals Board awarding benefits to a student nurse for a back injury she sustained on December 5, 1967, when she slipped off a stool at the hospital. *471 Amicus cu...
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3 Cal.App.3d 312 (1970) 83 Cal. Rptr. 499 Estate of ROBERT E. HICKS, Deceased. VERIAN E. BROWN et al., Plaintiffs and Respondents, v. ANN WAGNER, Defendant and Appellant. Docket No. 1170. Court of Appeals of California, Fifth District. January 7, 1970. *313 COUNSEL Daley, Brewer, Patridge & Garrett, R.B. Daley and Garry J.D. Hubert for Defendant and Appellant. James A. Clayton for Plaintiffs ...
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*314Opinion Basically this appeal is from that portion of a judgment denying admission to probate of three pages written in longhand by the decedent. In the interest of brevity and clarity these pages will be referred to as “the codicil.” The respondents filed a contest in which they objected to the admission of the codicil to probate. They took the position that the will of July 31, 1961, alone,...
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Opinion This is an appeal by the East Bay Municipal Employees Union (hereafter union) and its officers, on behalf of certain named members 1 (hereafter collectively referred to as appellants), who are employees *580 of the County of Alameda (hereafter county), under the jurisdiction of the County Board of Supervisors, County Civil Service Commissioners, and Directo...
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*448 Opinion Plaintiff and appellant George H. Elliano brought this action to recover from respondent, Assurance Company of America, the amount of a fire damage loss involving his residence. After appellant had completed his presentation of evidence, the trial court, upon motion by respondent made pursuant to Code of Civil Procedure section 631.8, rendered judgment determining th...
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Opinion Stevé E. Bohlert, the insured under a motor vehicle liability insurance policy issued by Spartan Insurance Company (“Spartan”) petitioned the superior court for an order requiring Spartan to arbitrate a claim asserted by him “under the uninsured motorist provisions of said policy.” After a nonjury trial of the issues joined upon the petition and Spartan’s answer, the trial court f...
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Opinion Appellant was charged with murder in the second degree in the first count of the information, and after jury trial was convicted of voluntary manslaughter. 1 His appeal centers on the perplexing question which came into existence when the trial judge purported to dismiss the murder charge, presumably pursuant to Penal Code section 1118.1, while at the same time declaring that the cour...
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Opinion Defendant Mark A. Jenkins appeals from a judgment entered on a jury verdict of guilty to the charge of violating Penal Code section 475a (possession of a completed check with intent to defraud), from the order denying a motion for new trial, and from “any order made after judgment.” 1 The record discloses that, on or about January 13, 1968, a book of checks for an account held at th...
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3 Cal.App.3d 500 (1970) 83 Cal. Rptr. 530 THE PEOPLE, Plaintiff and Appellant, v. RONALD EDWARD KNIGHT, Defendant and Respondent. Docket No. 15660. Court of Appeals of California, Second District, Division Four. January 14, 1970. *501 COUNSEL Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Evelle J. Younger, District Attorney, Harry Wood and Harry B. Sondheim, Dep...
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*460 Opinion This is an appeal by plaintiff wife from an order granting a motion by the administratrix of defendant’s estate for entry of a final decree of divorce nunc pro tunc, and from the final) decree thereupon entered. Since an appeal does not lie from the order, that portion of the appeal must be dismissed; the order is reviewable on appeal from the final decree. (Nemer v. Nemer ...
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Opinion In this libel action, jury verdict, on a 9 to 3 vote, was in plaintiff’s favor for $7,500 compensatory damages and $50,000 exemplary damages. Judgment was entered upon the verdict and motion for new trial denied. Defendant appeals. Defendant is a mercantile agency. The reports here asserted to be defamatory were made to insurance companies which were considering appointment o...
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Opinion After a hearing before the Juvenile Court of Tulare County, Linda Darlene D., who was then 18 years of age, was declared a ward of the court pursuant to the provisions of section 602 of the Welfare and Institutions Code and released to live with her mother. The court found that Linda was present in a place where marijuana was being smoked, with knowledge that such activity was occurring...
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Opinion This case is a companion to In re Linda D., also filed on this date. The background facts are set forth in detail in that opinion and will not be repeated herein. The main difference is that Donna Lynn was not in the Mohler home when the police entered the house at 11:30 p.m. She had left between 10 and 10:30 p.m. and was returning to get her coat and shoes when the police stopped the car ...
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Opinion The Department of Mental Hygiene (hereafter department) appeals from an adverse judgment in this action against the Bank of America (hereináfter bank) as executor of the estate of Herbert J. Kramer, to recover a sum of money due for the care, support and maintenance of his adult daughter, Elizabeth, a mentally ill person, in certain state institutions. The only question on appeal is whe...
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Opinion Plaintiffs, minority shareholders in State Guaranty Auxiliary Corporation (State Guaranty) filed the instant action seeking the dissolution of State Guaranty. The respondents Robert S. Odell, Helen P. Odell, Henry R. Alden and Allied Properties were also named as defendants. • Respondent Allied Properties (Allied) is a California corporation which, *496 at the ti...
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Opinion In these four appeals, the Department of Alcoholic Beverage Control (hereafter Department), appeals from judgments remanding the matters for a reconsideration of the penalties imposed in the light of Business and Professions Code section 24755.1, enacted after the licensees’ violations of the retail price maintenance statute (Bus. & Prof. Code, § 24755). In the Liquor Sellers and ...
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Opinion Defendants County of Orange and City of Buena Park appeal from two judgments for plaintiff in actions for refund of ad valorem property taxes. The cases were consolidated for trial and on appeal. The facts are stipulated by the parties. 1. Plaintiff is an importer of liquor. 2. The imported liquors were kept in their original cartons upon receipt by plaintiff. They ...
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Opinion defendants-Throughout this opinion we designate the defendants-appellants as the defendants and the plaintiff-respondent as the plaintiff. We also designate the plaintiff’s assignor, Wells Fargo Bank, as the “Bank.” The Facts The facts are not in dispute. On July 6, 1966, the defendants executed a note in favor of the Bank in the sum of $1,500, together with interest. Nothing was paid o...
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1 Cal.3d 875 (1970) 464 P.2d 33 83 Cal. Rptr. 577 NATIONAL ADVERTISING COMPANY, Plaintiff and Respondent, v. COUNTY OF MONTEREY et al., Defendants and Appellants. Docket No. S.F. 22659. Supreme Court of California. In Bank. January 30, 1970. *877 COUNSEL William H. Stoffers, County Counsel, and John O. Thornberry, Assistant County Counsel, for Defendants and Appellants. Harry S. Fenton, Kenneth G...
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1 Cal.3d 847 (1970) 464 P.2d 42 83 Cal. Rptr. 586 JOSEPH REGINALD ELEAZER, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. L.A. 29681. Supreme Court of California. In Bank. January 30, 1970. *849 COUNSEL Kim H. Pearman for Petitioner. No appearance for Respondent. Evelle J. Younger, District Attorney, Harry Wood and Donald J. Kap...
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Opinion Defendant Joseph Eleazer seeks a writ of prohibition to restrain the Superior Court of Los Angeles County from proceeding to try him on a charge of unlawful sale of seconal in violation of Health and Safety Code section 11912. Evidence at the preliminary hearing showed that a paid police informer was a material witness to the alleged sale. The police disclosed the name of the witness, but ...
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I dissent. The court annuls the award in this case on the ground that the decision of the board is ambiguous in failing to set forth the evidence relied on and the reason for the decision, thus leaving open the possibility that the board did not give “due consideration” to post-injury earnings but based the compensation rate solely on the applicant’s actual earnings at the time of her injury rathe...
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Opinion The Lanterman-Petris-Short Act (the “LPS act” or the “act”), commencing with section 5000 of the Welfare and Institutions Code, 1 *668 constitutes part 1 of a new division 5 added to that code in 1967 (Stats. 1967, ch. 1667, p. 4074, § 36), 2 operative July 1, 1969, and entitled “Community Mental Health Services.” This prohibition proceeding presents questions of the construction,...
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*678 Opinion This case also involves the 14-day certification procedure under the LPS act, more fully discussed in the companion case of Thorn v. Superior Court, ante, p. 666 [83 Cal.Rptr. 600, 464 P.2d 56], Real party in interest, Eugene Callahan, was so certified for intensive treatment, and respondent superior court proposed to grant Callahan habeas corpus for his. immediate release on...
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*702Opinion A jury found Barry Floyd and Johnny Milton guilty of first degree robbery (Pen. Code, § 211) and first degree murder (Pen Code, § 187) and sentenced them to death. This appeal is automatic. (Pen. Code, § 1239, subd. (b).) On January 10, 1967, about 1 p.m., a Los Angeles Rapid Transit District busdriver, named Hartzel, was robbed, shot and killed by two male passengers. Two other passe...
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Opinion This is an appeal from an order dated June 20, 1967, granting a preliminary injunction restraining defendant Atlantic Savings and Loan Association from foreclosing a deed of trust on San Ysidro Ranch in Santa Barbara County. The only issue on appeal is whether the trial court abused its discretion in granting the preliminary injunction. This is the fourth time that this order has been b...
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Opinion Defendant M. A. Randall was charged by an amended information with one count of grand theft. (Pen. Code, § 487.1.)1 After *951a jury trial he was found guilty as charged and was sentenced to state prison for the term prescribed by law. He appeals from the judgment of conviction. Defendant contends that his confession to the above charge was obtained in violation of the rules announced in M...
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Opinion Upon plaintiff’s complaint for declaratory and injunctive relief, alleging that in violation of due process requirements his wages had been attached prior to judgment and that additional levies were threatened, 1 the trial court issued its order to defendant sheriff to release all moneys held by virtue of prejudgment wage attachment and restraining defendant from any fu...
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*909 Opinion This case also involves the validity of California’s prejudgment wage garnishment procedure. In plaintiff’s complaint (amended) seeking declaratory and injunctive relief, he alleges that in an action filed against him seeking to recover some $295 allegedly owing, attachment of his wages at his place of employment was threatened in order to coerce him into paying; that if the wage...
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Opinion The Attorney General, on behalf of the People of the State of California, seeks by petition for writ of mandate to secure a determination from this court that the provisions of section 537 of the Code of Civil Procedure, which specify the actions in which prejudgment attachment may issue, are void in their entirety. Cited in support of the petition is Sniadach v. Family Finance Corp....
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1 Cal.3d 855 (1970) 464 P.2d 127 83 Cal. Rptr. 671 In re GLADYS R., a Person Coming Under the Juvenile Court Law. ROBERT E. NINO, as Chief Probation Officer, etc., Plaintiff and Respondent, v. GLADYS R., a Minor, etc., Defendant and Appellant. Docket No. S.F. 22654. Supreme Court of California. In Bank. January 30, 1970. *857 COUNSEL Sheldon Portmen, Public Defender, Carl Lee Lambert and Thomas C...
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1 Cal.3d 930 (1970) 464 P.2d 142 83 Cal. Rptr. 686 In re THOMAS PATRICK KAY et al., on Habeas Corpus. Docket No. Crim. 13533. Supreme Court of California. In Bank. January 30, 1970. *933 COUNSEL Joe C. Ortega for Petitioners. A.L. Wirin, Fred Okrand, Laurence R. Sperber and Tony Geram as Amici Curiae on behalf of Petitioners. Byron C. Morton, District Attorney, and Ross I. Gallen, Deputy District...
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*934Opinion Petitioners James Caswell,1 Thomas Patrick Kay, Alfred Figueroa, and Raul Loya were convicted by a jury of disturbing a lawful meeting, a misdemeanor, in violation of section 403 of the Penal Code. Petitioners appealed to the appellate department of the superior court, which affirmed their conviction. The appellate department, at petitioners’ request, certified the case to the Court of...
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Opinión The trial court granted defendants’ motion for summary judgment. Plaintiffs appeal from a judgment dismissing their complaint for injunctive and declaratory relief. Plaintiffs contend that two ordinances of defendant city, passed under the emergency provisions of Government Code section 65858, are not of the type authorized by that section, in that they temporarily change the zoning l...
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Opinion Lakewood Marina, Inc., appeals a judgment requiring it to return $5,000 of $11,000 paid to Lakewood by Eleanor Horrell toward the purchase of a $60,000 boat after Mrs. Horrell refused to complete the purchase. On March 29, 1966, Mrs. Horrell contracted in writing to buy the boat from Lakewood and made a $6,000 cash deposit as required by the contract. The boat was built on the east coast a...
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Opinion American President Lines (hereafter taxpayer) appeals from an adverse judgment in its action for a refund of franchise taxes paid under *589 protest to respondent, Franchise Tax Board (hereafter board). The taxpayer contends that it is engaged only in interstate commerce and, therefore, is not subject to the state franchise tax; and, in the alternative, if subject to ...
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Opinion Defendant was charged in count I with discharging a firearm at a vehicle in violation of section 23110, subdivision (b), of the Vehicle *602 Code, and in each of counts II, III and IV with assault with a deadly weapon in violation of section 245 of the Penal Code, After a jury trial, defendant was found guilty on all counts, probation was denied and he was sentenced to state prison ...
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Opinion Following a jury trial defendant was found guilty of attempted murder (Pen. Code, § 187) and was sentenced to state prison. He appeals from the judgment of conviction. The offense was committed in the early morning hours of March 9, 1968, in LaHabra in an apartment rented to one William Brooks. Brooks operated a billiard parlor nearby. The victim, Marie Siuro, had been living...
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3 Cal.App.3d 798 (1970) 83 Cal. Rptr. 724 THE PEOPLE, Plaintiff and Respondent, v. NOLAN B. RASHER, Defendant and Appellant. Docket No. 16529. Court of Appeals of California, Second District, Division One. January 22, 1970. *799 COUNSEL Dennis G. Merenbach, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorne...
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*651 Opinion The People seek a writ of mandate to require the respondent Superior Court of Los Angeles County to vacate its order made pursuant to Penal Code section 1538.5 granting the motion of the real parties in interest (hereinafter referred to as defendants) to suppress evidence identified at the preliminary hearing as People’s exhibits 1 through 5. Facts On November 7, 1968, Police...
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Opinion This action was brought by the County of Los Angeles (the county) against Hartford Accident & Indemnity Company (Hartford) to recover on a surety contract. Summary judgment was entered in favor of the county and Hartford has appealed. Statement of Facts The facts in this case are uncontroverted and may be briefly stated. The owner of a large apartment building in Lo...
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Opinion This is a dispute over a 104-foot wide strip of land which lies adjacent to the true north-south line dividing two parcels of land. Plaintiffs Duncan are record owners of the east one-half and defendants Peterson of the west one-half of section 26 1 of a certain township in Butte County. The trial court quieted title to the disputed strip in the Petersons, On the Duncans’ appeal we ag...
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Opinion This is an appeal by Alexander Hoffman from an order 1 denying his petition for a writ of prohibition. A complaint was filed in municipal court charging Hoffman with having committed three offenses. The first count alleged a violation of Penal Code, section 415, in that Hoffman did unlawfully, wilfully and maliciously disturb the peace and quiet of the neighborhood by “tumultuous an...
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Opinion Assertedly, Jacob Shemano engaged in the factoring business as National Consumers Credit Plan and Gary Financial Corporation. Appellant loaned some $60,000 to Shemano for the same. Demand was made upon him for payment, but he is insolvent. Appellant *791brought this action against Golden Gate National Bank, Shemano, and the six other respondents, asserting that he was a depositor in the G...
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Opinion This is an appeal by the People, pursuant to subdivision 7 of section 1238 of the Penal Code, 1 from an order of the Superior Court made under subdivision .(/) of section 1538.5 and section 1385, dismissing *663 a criminal prosecution after the court had granted a motion by defendant, made under section 1538.5, to suppress certain evidence. It was conceded in the trial court that,...
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Opinion By her amended complaint, appellant' Juanita C. Romero, sought damages for the destruction of her 48 dogs; and for great bodily harm and mental suffering when she allegedly called to see the pile of her deceased dogs at the animal shelter where the massacre occurred. The defendants, who “intentionally, wrongfully, and maliciously[ 1 ] and with intent to injure plaintiff...
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Opinion This is a driver’s license suspension case. The trial court granted a peremptory writ of mandate directing appellant to set aside its order of suspension. It is not questioned that respondent was driving while drunk; he pleaded guilty. It is not contended by respondent that he was in any way misled by the officers procedure; he was given proper admonitions. He informed the officer that he ...
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Opinion Defendant appeals from a judgment of conviction, following a jury trial, of robbery in the second degree (Pen. Code, § 211). The chief contention on appeal is that the trial court improperly admitted the preliminary hearing testimony of one Arlgene Guthrie, who was not-present at trial, which testimony was the only evidence connecting defendant to the crime and relied upon for convictio...
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Opinion Clarence Paul Mahle, Jr., hereinafter referred to as “defendant,” is presently confided in the Santa Clara County jail awaiting retrial of a case in which a second degree murder conviction was previously reversed on the ground of erroneous jury instructions. (People v. Mahle (1969) 273 Cal.App.2d 309 [78 Cal.Rptr. 360].) Petitioner has not furnished bail fixe...
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Opinion This case involves appeals by Allis-Chalmers Manufacturing Co. (hereafter referred to as A-C), C.I.T. Corporation (hereafter CIT) and Humboldt County (hereafter Humboldt) from an order of the Superior Court of Humboldt County entered on November 21, 1967. Trinity Tractor Co. (hereafter Trinity) is in the process of winding up and dissolution under court supervision, pursuant ...
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Opinion Plaintiff Tonya O’Gan appeals from a judgment entered after a jury found in favor of respondent King City Joint Union School District in a personal injury action. Appellant contends the trial court erred in excluding a prior inconsistent statement offered to impeach a defense witness and in refusing to instruct the jury on the liability of the school district for the negligent acts of a...
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Opinion Defendant appeals from a judgment of imprisonment after a jury found him guilty of assault with a deadly weapon. (Pen. Code, § 245, subd. (a).) We filed an unpublished opinion in this case on December 18, 1969, then ordered a rehearing on our own motion in order to reconsider the appeal in the light of the California Supreme Court’s decision in People v. Hood, ...
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Opinion Defendant insurance company appeals from the judgment of the superior court, which confirmed an arbitration award in favor of Early Walter in the sum of $10,000 and in favor of Arthur Walter in the sum of $9,000, under and pursuant to the uninsured motorist coverage provided for in a policy issued by defendant to Arthur Walter. Appellant does not question the validity of the award to Ar...
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*795 Opinion Appellant Gilbaugh became an associate professor of education at San Jose State College in 1956. In 1959, the year in which he attained tenure as a teacher, he was appointed dean and academic vice president of the college. He held that position until September 1, 1966, when he was reassigned by the president to the position of professor of education. This, of course, transferred ...
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1 Cal.3d 913 (1970) 464 P.2d 473 83 Cal. Rptr. 809 In re JOHNIE LEE MOSLEY on Habeas Corpus. Docket No. Crim. 12568. Supreme Court of California. In Bank. January 30, 1970. *917 COUNSEL Johnie Lee Mosley, in pro. per., and Martin Wolman, under appointment by the Supreme Court, for Petitioner. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Thomas S. Kerrigan, ...
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Opinion Petitioners in this proceeding are Richard Bright and Alexandra Hay, who acted in a play entitled “The Beard,” Robert Barrows, who produced the play, and Robert Gist, the director. Bright and Miss Hay were charged with violating section 647, subdivision (a), and 311.6 of the Penal Code1 for their performances of the play and Barrows and Gist were charged with wilfully and unlawfully aiding...
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Opinion Plaintiff’s intestate, Andres Romero, met his death in the early morning hours of June 28, 1966, while driving his Thunderbird automobile along U.S. 101 in the City of Santa Barbara. This suit for breach of contract was instituted when defendant company refused to pay the proceeds of a $10,000 accidental death life insurance policy issued to the beneficiary thereof (T. J. Bettes C...
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Opinion Defendant has appealed from his conviction, following a jury trial, of statutory rape (Pen. Code, § 261, subd. 1) of his 8-year-old mentally retarded stepdaughter. In proceedings under former sections 5500 et seq. of the Welfare and Institutions Code, the defendant was found not to be a mentally disordered sex offender; his motion for a new trial was denied; and he was sentenced to stat...
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Opinion Defendant appeals from the judgment upon his conviction by the court of robbery in the first degree. The judgment contains the added finding that defendant was armed at the time of the commission of the crime. For reasons which follow, the armed finding must be stricken but the judgment is otherwise affirmed. On January 16, 1968, Mrs. Gail Briles was working at her job behind the coun...
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Opinion This is an appeal from the order granting summary judgment and from the summary judgment entered pursuant thereto in favor of defendants in a libel action. The appellant is the former superintendent of the Contra Costa Junior College District. He was discharged after members of an investigative panel at the request of the governing board of the district rendered a report conc...
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Opinion Defendant was charged in three counts, as follows: count I, assault on Rafael Estrada, with a deadly weapon with intent to kill, in violation of section 217 of the Penal Code; count II, assault on Guillermo Camacho, Jr., with a deadly weapon with intent to kill, in violation of the same section; count III, maliciously discharging firearms at the dwelling inhabited and occupied by Camach...
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Opinion In a nonjury trial of an action brought by plaintiff and respondent Abrams as intended seller of a luxury residence, fully furnished, located on Angelo Drive in the City of Los Angeles (hereinafter “Angelo residence’’), for breach of contract by defendant and appellant Motter as intended buyer, the trial court, on April 27, 1967, rendered judgment in favor of Abrams for his loss o...
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Opinion On January 5, 1967, the Director of Employment sent a notice to petitioner informing him he was not eligible to receive benefits for specified periods. The notice of determination stated, among other things: “Reason for decision: “You state you failed to report at your local as required—since 11-20-6. “Since you are a member of a Union that controls job dispatching—you *64are required to m...
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*879 Opinion Kenneth and Myrtle Hyde appeal from a judgment enjoining Mrs. Hyde’s part-time operation of a beauty parlor in her home as a violation of a restrictive covenant upon their property. Before appellants purchased the tract home in question, the developers of the subdivision had recorded a declaration of restrictions upon all the property in the subdivision. The res...
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Opinion Defendant Clifford James Thomas was found guilty after a trial by jury of each of the following offenses: Count One: Robbery, 1st degree (Pen. Code, § 211); victim, George Page; Count Two: Robbery, 1st degree (Pen. Code, § 211); victim, Susan B; Count Three: Attempted robbery, 1st degree (Pen. Code, § 664); victim, Kathryn V; Count Four: Rape, by means of threats of bodily harm ...
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*917 Opinion This is an appeal from a judgment denying a petition for writ of mandate. On April 29, 1968, the Department of Motor Vehicles (hereinafter the “Department”) issued an order suspending petitioner’s driver’s license for one year pursuant to Vehicle Code section 13352, subdivision (c). 1 This statute provides for a mandatory suspension for one year where the Department is in rec...
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*908 Opinion Plaintiffs’ 21-year-old son was killed in a head-on automobile collision between a Porsche in which he was a passenger and a Chevrolet driven by defendant Glenn J. Mathias. 1 Plaintiffs brought the present action for the wrongful death of their son. Following a verdict and judgment for defendants, plaintiffs moved for a new trial on several grounds, includ...
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Opinion Appellant appeals from a conviction of possession of marijuana for sale in violation of Health and Safety Code section 11530.5. We conclude that the ground of appeal is not supported by the record and affirm the conviction. Facts Edward Noriega, an agent of the State Bureau of Narcotics, obtained a search warrant from the Pomona Municipal Court. The affidavit in support of the pet...
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Opinion This is an appeal by a tenant, Louis Sabatasso, from a judgment and final order of condemnation entered on May 3, 1967, under *975 which he was denied compensation. His bakery occupied the ground floor of the building on the parcel of real property involved, the front part of which was taken in widening Hoover Street in Los Angeles. The equipment as to which he claimed damages pursuan...
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Opinion The proceedings arose out of the petition for commitment of appellant as a noncriminal narcotic drug addict. A hearing before the court was held pursuant to sections 3100.6, 3104 and 3106 of the Welfare and Institutions Code. The petitioning officer was examined and cross-examined. Pursuant to stipulation of respective counsel, without the defendant joining, testimony by the physi...
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Opinion J.— This is an appeal by the People, pursuant to Penal Code section 1238, subdivision 1, from an order setting aside count I of an information on a defense motion pursuant to Penal Code section 995. Defendant was charged by information with violation of Penal Code section 242 (battery on a peace officer) in count I, and with violation of Penal Code section 148 (obstructing public office...
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Opinion Appellant was tried on a charge of possessing heroin for purposes of sale (Health & Saf. Code, § 11500.5). The jury returned a verdict of guilty. Appellant was denied probation and sentenced to the state penitentiary. Facts Robert Mannen, employed as an agent of the state Bureau of Narcotic Enforcement, was in charge of the investigation which led to appellant’s arrest a...
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Opinion In superior court case A235383 defendant was charged by information in three counts with pimping (Pen. Code, § 266h), pandering (Pen. Code, § 266i), and placing his wife in a house of prostitution (Pen. Code, § 266g). While his trial was under way the defendant withdrew his plea of not guilty and pled guilty to count I (pimping), and the court dismissed the other two counts. On December...
Views: 15

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