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All Reporters → cal-rptr → Volume 94

Opinions in cal-rptr Volume 94

Opinion Plaintiff is the trustor (or settlor) of two trusts which he claims he has the right to terminate. He appeals from a judgment in favor of the trustee that the trustor has no right to terminate either trust. Plaintiff’s maternal grandmother on May 29, 1937, created a trust, the fife beneficiary of which was plaintiff’s mother and a remainderman of which was the plaintiff. The ...
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16 Cal. App. 3d 337 (1971) 94 Cal. Rptr. 4 THE PEOPLE, Plaintiff and Respondent, v. ELDRED JAKE RICE, Defendant and Appellant. Docket No. 4144. Court of Appeals of California, Fourth District, Division Two. March 29, 1971. *339 COUNSEL Robert L. Dally, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas C. Lynch and Evelle J. Younger, Attorneys General, William E. James,...
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Opinion In this mandamus proceeding petitioner Betancourt seeks an order compelling the Workmen’s Compensation Appeals Board and/or its referee to comply with the provisions of rule 10832 of the board’s Rules of Practice and Procedure. 1 On May 8, 1969, petitioner injured his hip while lifting lumber in the course of his employment. His employer’s compensation carrier was Hol...
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16 Cal.App.3d 259 (1971) 94 Cal. Rptr. 16 THE PEOPLE, Plaintiff and Respondent, v. JOHN LYNN et al., Defendants and Appellants. Docket No. 8449. Court of Appeals of California, First District, Division Four. March 2, 1971. *262 COUNSEL Peter A. Whitman, under appointment by the Court of Appeal, for Defendants and Appellants. *263 Thomas C. Lynch and Evelle J. Younger, Attorneys General, Robert R....
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16 Cal. App. 3d 327 (1971) 94 Cal. Rptr. 25 THE PEOPLE, Plaintiff and Respondent, v. MICHAEL SANDOR LEVY, Defendant and Appellant. Docket No. 18512. Court of Appeals of California, Second District, Division Five. March 29, 1971. *330 COUNSEL Howard E. Beckler and Dwight E. Stevens for Defendant and Appellant. Thomas C. Lynch and Evelle J. Younger, Attorneys General, William E. James, Assistant At...
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Opinion There is before us a petition for writ of habeas corpus challenging the validity of an order of the Superior Court of Los Angeles County ordering the detention of petitioner, a 17-year-old boy, under Welfare and Institutions Code section 636. On March 18, 1971, a petition was filed in the juvenile court charging that Larry W. (petitioner here) came within section 602 of the Welfare an...
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Opinion Statement of the Case Plaintiff sued for rescission of the purchase from defendant of three trucks, each equipped with rubbish bodies, for a total purchase price of $47,738.43, on the grounds of fraud, negligence, mistake and failure of consideration. Plaintiff contends that it relied upon an invoice prepared by defendant Courtesy Chevrolet, Inc. (hereafter Courtesy)...
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*462Opinion Theodore A. Godshalk (plaintiff) appeals from a judgment for the City of San Diego (City) in an action seeking declaratory relief with respect to plaintiff’s right to- receive a disability pension. Plaintiff was employed by City’s fire department from October 28, 1942 until May 22, 1955, when he suffered a severe heart attack which made it permanently impossible for him to work. For f...
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Opinion Patricia Atkins sustained severe and permanent personal injuries on May 27, 1967, when she dove into a swimming pool maintained in connection with the Saddleback Villa Apartments in Tustin, California. The apartment complex and pool were owned by B. & B. Group Number 10, a co-partnership consisting of five individual partners. Mrs. Atkins filed a complaint against the partnership ...
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Opinion After serving as a police officer for the City of Los Angeles, William McLeod retired from active service because of allegedly severe personal injuries sustained in the performance of duty. After his retirement, he filed an application for a disability pension with the Board of Pension Commissioners of the City of Los Angeles. A hearing was had and the application was denied. Ther...
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Opinion A jury found defendant guilty of possession of heroin (§ 11500, Health & Saf. Code). She appeals from the judgment and order denying her motion under section 1538.5, Penal Code. While the *216 order itself is not appealable, it is reviewable on an appeal from the judgment of conviction. (People v. Jasso, 2 Cal.App.3d 955, 962 [82 Cal.Rptr. 229]....
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Opinion This lawsuit consists of cross-actions to quiet title to a strip of land. The principal question is whether a grant “for railroad purposes” conveyed a fee simple or only an easement. In 1906, Burlington Beach Land Company deeded a lot in what is now the City of Pacifica to Ocean Shore Railway Company. (Appellant, successor, bears the less British name of Ocean Shore Railroad Compa...
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*385 Opinion Over the period of approximately four years prior to the trial of the eminent domain action here involved (March 18, 1968), the San Luis Obispo County Flood Control and Water Conservation District (hereafter District) had planned the construction of the Lopez Dam Project. The District and the County of San Luis Obispo (hereafter County) entered into a joint powers agreement whe...
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Opinion Facts Action for damages for personal injuries arising out of an automobile accident. The first cause of action pertains to the plaintiff-husband, allegedly injured in the accident, and is not before us on this appeal. In the second cause of action, plaintiff-wife alleges in part: “As a direct and proximate result of said negligence and carelessness of the defendants, and each of th...
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*535 Opinion Leo Siegman, a wholesale diamond merchant, carried robbery insurance with Orion Insurance Company, Ltd., (Orion) which covered 80 percent of outside robbery losses but did. not cover any part of inside robbery losses. During the life of the policy Siegman was robbed of diamonds valued over $72,000. Orion refused to reimburse him for the loss contending that the robbe...
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*256 Opinion Defendant Schick Chew appears in this court (1) on direct appeal from a judgment convicting him of a felony upon his plea of guilty, and (2) as petitioner in a coram nobis proceeding in which he challenges the validity of the plea. An information filed in the superior court on May 24, 1965, charged defendant and two other persons with possession of a ...
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Opinion The only issue presented in this appeal is whether the trial judge erred in striking appellant’s answer to respondent’s cross-complaint and in entering a default judgment in favor of respondent pursuant to the provisions of subdivision (d) of section 2034 of the Code of Civil Procedure. Subdivision (d) reads in pertinent part as follows: “If a party or a person for whose immediate benef...
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*513 Opinion A jury found defendant Larry Evans guilty of first degree robbery. (Pen. Code, § 211.) In his appeal from the ensuing judgment the principal contention is that he “was not advised of his constitutional right to appointed counsel at the lineup.” Reliance is placed on Gilbert v. California, 388 U.S. 263 [18 L.Ed.2d 1178, 87 S.Ct. 1951]; United States v. Wade, 388 U.S. 218 [...
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Opinion Defendant appeals his conviction of the offense of transportation of restricted dangerous drugs, contending (1) the court erred in denying his motion to suppress, and (2) the evidence is insufficient to support his conviction. On January 13, 1970, shortly after 11 p.m., a United States border inspector at the Tecate border station, by radio, advised border patrolman Rowe, acting as a ...
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*304 Opinion Plaintiff appeals from a judgment entered following nonjury trial denying relief upon its complaint to recover sales taxes paid under protest to defendant State Board of Equalization (hereafter “Board”). The case was tried upon a stipulation of facts which may be summarized as follows: 1 Appellant is a wholly owned subsidiary of Southern Pacific Compa...
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Opinion This is an appeal by petitioner from judgment denying his petition for writ of mandate requiring respondent board to make certain findings.1 Question Presented Does section 18682 of the Government Code require the State" Personnel Board to make findings upon request in a job classification matter?2 Record Petitioner is a permanent civil service employee of the State of California holding t...
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16 Cal.App.3d 499 (1971) 94 Cal. Rptr. 120 HUEY P. NEWTON, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. 28883. Court of Appeals of California, First District, Division One. April 1, 1971. *501 COUNSEL Garry, Dreyfus, McTernan & Brotsky and Francis J. McTernan for Petitioner. Thomas C. Lynch, Attorney General, Edward P. O'Brien...
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*445 Opinion Petitioners seek a writ of mandate to compel respondent to set aside its order of December 18, 1970 granting the motion of real party in interest Archie Grant (hereinafter designated as Grant) to strike the sixth affirmative defense in petitioner Ford’s second amended answer (collateral estoppel) 1 and the fifth, sixth, seventh and eighth affirmative defen...
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16 Cal.App.3d 550 (1971) 94 Cal. Rptr. 132 SIDNEY WALKER III, Plaintiff and Respondent, v. STATE PERSONNEL BOARD, Defendant and Appellant. Docket No. 37093. Court of Appeals of California, Second District, Division Two. April 6, 1971. *551 COUNSEL Thomas C. Lynch and Evelle J. Younger, Attorneys General, and Lynn Henry Johnson, Assistant Attorney General, for Defendant and Appellant. Harney, Ford...
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16 Cal.App.3d 450 (1971) 94 Cal. Rptr. 136 JAMES WELLINGTON SMALL, Plaintiff and Appellant, v. BURTON E. SMITH, as Real Estate Commissioner, etc., Defendant and Respondent. Docket No. 36998. Court of Appeals of California, Second District, Division Four. March 23, 1971. *452 COUNSEL Rich & Ezer and Mitchel J. Ezer for Plaintiff and Appellant. Evelle J. Younger, Attorney General, Arthur C. deGoede...
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16 Cal.App.3d 564 (1971) 94 Cal. Rptr. 141 Estate of JAMES T. MURPHY, Deceased. WELLS FARGO BANK, Plaintiff and Respondent, v. THOMAS K. BEARD et al., Defendants and Appellants. Docket No. 28844. Court of Appeals of California, First District, Division Four. April 7, 1971. *566 COUNSEL Kimble, MacMichael & Jackson, Joseph C. Kimble, Jon Wallace Upton and A.M. Frad for Defendants and Appellant...
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Opinion Appellants seek writ of supersedeas to stay execution of an order terminating and distributing the corpus of a $2 million testamentary trust, pending an appeal from the order. The trial court granted a stay on condition that appellants execute and file an undertaking of $175,000. Appellants contend that they are entitled to an automatic stay without an undertaking and that supersedeas sho...
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*560 Opinion The case is before this court pursuant to an order granting transfer following certification by the Appellate Department of the Superior Court of Tulare County that such transfer appears necessary to settle a novel question of law involving an interpretation of Civil Code section 2983.2 (Automobile Sales Finance Act). The facts are not in dispute, and may be summarized as follows...
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Opinion Petitioner was convicted in the Superior Court of Ventura County on six counts of a 21-count indictment charging him with violations of section 165 of the Penal Code and has been sentenced thereon. He has duly filed a notice of appeal from that conviction. He applied to the trial court for a stay of execution and for release on his own recognizance. The application was denied; he has re...
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Opinion This is an appeal from a judgment of the superior court granting respondent a refund of personal property taxes paid upon the tugboat Navigator for the taxable years 1961 and 1962. We reverse the judgment. The essential facts controlling determination of the issue presented by the case at bench are not in dispute. They are precisely and cogently set forth in a memorandum opinion of the tr...
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4 Cal.3d 573 (1971) 483 P.2d 769 94 Cal. Rptr. 153 Estate of ELSIE WELLS GERMOND, Deceased. SALVATION ARMY, Petitioner and Appellant, v. ALTA EVERETT et al., Claimants and Respondents; LOS ANGELES COUNTY HEART ASSOCIATION et al., Claimants and Appellants. Docket No. L.A. 29792. Supreme Court of California. In Bank. April 21, 1971. *576 COUNSEL Burris & Lagerlof, Meserve, Mumper & Hughes, ...
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Opinion Elsie Wells Germond died testate on June 9, 1962. Her will left all her property to her sister, Jessie E. Nulsen, and provided that “In the event of the demise of my sister . . . prior to distribution to her of my estate . . . , my Executor [Earl A. Everett] . . . shall convert my estate and the whole thereof into cash, and from the proceeds thereof, pay to and distribute the same [to 10 n...
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4 Cal.3d 545 (1971) 483 P.2d 774 94 Cal. Rptr. 158 COUNTY OF SANTA CLARA, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; GASTON DELEERSNYDER et al., Real Parties in Interest. Docket No. S.F. 22689. Supreme Court of California. In Bank. April 15, 1971. *547 COUNSEL Hoge, Fenton, Jones & Appel and Charles H. Brock for Petitioner. No appearance for Respondent. Magana, Olney...
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Opinion Defendant was charged with armed robbery. At his first trial the jury was unable to reach a verdict and a mistrial was declared. At his second trial he was found guilty as charged (Pen. Code, §211). He appeals from the judgment entered on the verdict. We conclude that the judgment must be reversed because of the admission of courtroom identifications of defendant’s chief alibi witness and ...
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Opinion Floyd P. Waggaman, claimant-respondent, sustained bodily injury in an automobile collision which occurred in the performance of his employment. The other party involved in the collision was an uninsured motorist. Waggaman began negotiations with his liability insurance carrier, respondent-appellant Northwestern Security Insurance Company, for payment under the uninsured motorist provisi...
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16 Cal.App.3d 739 (1971) 94 Cal. Rptr. 175 MARGARET R. DE LA ROSA et al., Plaintiffs and Appellants, v. CITY OF SAN BERNARDINO, Defendant and Respondent. Docket No. 10039. Court of Appeals of California, Fourth District, Division Two. April 16, 1971. *742 COUNSEL Sprague & Milligan, G. Keith Sprague and Wallace B. Farrell for Plaintiffs and Appellants. Stockdale, Peckham, Estes & Bruggeman and Ge...
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Opinion Following an administrative hearing, the Department of Motor Vehicles suspended the appellant’s driver’s license for a period of six months for refusal to take a chemical test in compliance with the pro *494 visions of the Implied Consent Law (Veh. Code, § 13353). Appellant then sought mandamus relief in the superior court. The petition was denied and a judgment (orde...
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16 Cal.App.3d 310 (1971) 94 Cal. Rptr. 186 In re TITO FRANCECISCO, a Person Coming Under the Juvenile Court Law. ALBERTA ESTES, Plaintiff and Appellant, v. DEPARTMENT OF PUBLIC SOCIAL SERVICES, Defendant and Respondent. Docket No. 37476. Court of Appeals of California, Second District, Division One. March 29, 1971. *312 COUNSEL Ames & Lane and Carl J. Lane for Plaintiff and Appellant. John D....
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Opinion On April 6, 1964, the minor was adjudged a dependent child of the court under section 600, subdivisions (a) and (b), Welfare and Institutions Code, and placed in a foster home until the cause was dismissed on March 1, 1965, at which time he was returned to his mother, *313appellant. On June 7, 1967, the minor was again declared a dependent child under section 600, subdivision (a), and the...
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*632 Opinion Statement of the Case Appellants bring this action as taxpayers challenging the constitutionality of section 2.6 of article XIII of the California Constitution relating to the property taxation of nonprofit golf courses. Respondent’s demurrer to appellants’ petition for mandate and declaratory relief against Philip E. Watson as the assessor of Los Angeles Co...
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Opinion In December 1964 several days of torrential rainfall created great pressure on the partially constructed Hell Hole Dam, *591 located on the Rubicon River, a tributary to the Middle Fork of the American River. The dam burst. Impounded water poured downstream and damaged a limestone quarry and rock-crushing plant situated on the Middle Fork. Diamond Springs Lime Company...
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*654 Opinion Plaintiff appeals from a summary judgment in favor of defendant in an action for damages allegedly sustained as a result of defendant’s negligent failure to provide adequate telephone service. The gist of the action is that because of the failure to provide such service plaintiff was caused to lose the distributorship of a Japanese product. The sole issue is whether,...
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Opinion Defendant John Hayes was found guilty by a jury of escape from Correctional Training Facility at Soledad, a state prison, in *666 violation of Penal Code section 4530, subdivision (b). His appeal is from the judgment under which he was again sentenced to state prison. The verdict is supported by substantial evidence. (See People v. Mosher, 1 Cal.3d 379, 395 [82 Cal.Rptr. 379, 46...
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16 Cal.App.3d 610 (1971) 94 Cal. Rptr. 227 UNITED CALIFORNIA BANK, as Trustee and as Executor, etc., Plaintiff and Respondent, v. NANCY CLAIRE BOTTLER, a Minor, etc., Defendant and Appellant; JEROME T. STEWART, as Guardian, etc., Defendant and Respondent. Docket No. 36592. Court of Appeals of California, Second District, Division Four. April 12, 1971. *613 COUNSEL Barrett, Hubbard & Head and Jame...
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16 Cal. App. 3d 682 (1971) 94 Cal. Rptr. 232 CIRCLE OAKS SALES COMPANY, INC., Plaintiff and Respondent, v. BURTON E. SMITH, as Real Estate Commissioner, etc., Defendant and Appellant. Docket No. 28861. Court of Appeals of California, First District, Division Four. April 15, 1971. *683 COUNSEL Thomas C. Lynch and Evelle J. Younger, Attorneys General, David E. Bunim and Eric Roost, Deputy Attorneys...
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Opinion The appeal here is taken from a judgment of the superior court denying the Solano County Public Defender’s application for a writ of mandate against the Clerk of the Municipal Court of the Vallejo Municipal District. The public defender had sought to file as the “first paper in a criminal action” a document captioned “In the Matter of Property Seized from Danny Olon Price,” and entitled “N...
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Opinion The question presented on this appeal from a judgment and writ of mandate is properly stated as: may a county be required to rehire as a “sanitarian” one whose services were terminated because *712 he was neither a “registered sanitarian,” nor otherwise qualified as such under the provisions of Health and Safety Code sections 540-542 (div. 1, pt. 2, ch. 1, art. 5), enacted in 1945. ...
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Opinion The record before this court on appeal consists of the settled findings of fact and conclusions of law signed by the trial judge. The settled findings of fact set forth the following: *Supp. 3Plaintiff was the owner of a Lincoln automobile, which was being driven by one Rosemund with the permission of plaintiff in an easterly direction on the left side of Ninth Street. Defendant was the o...
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Opinion Defendant was charged with the murder of Mrs. Beatrice Loya (Pen. Code, § 187). He pleaded not guilty. A mistrial was declared after the first jury was unable to reach a verdict. The second jury found him guilty of murder in the first degree. The jury became deadlocked on the penalty phase, however, and was dismissed by the court. The court sentenced him to state prison for the term of ...
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Opinion In this case we are called upon to determine whether Penal Code section 1538.5 permits a defendant charged with the commission of a felony offense to renew at trial a motion to suppress evidence, which, motion had been previously denied at a special hearing held in superior court. We have concluded that the trial court which granted defendant’s renewed motion had no jurisdiction t...
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*616 Opinion This case involves the application of the doctrine of res judicata to a final judgment of the superior court granting relief in habeas corpus. We shall explain why we have concluded that the judgment of the Superior Court of Sacramento County granting petitioner habeas corpus relief became a final judgment on the merits when the People failed to appeal under Penal Co...
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Opinion Petitioners are the United Farm Workers Committee (“UFWOC”), and its two principal officers, Cesar Chavez (“Chavez”), and Dolores Huerta (“Huerta”). By this proceeding they seek a writ of prohibition restraining respondent court from enforcing, by contempt proceedings or otherwise, the provisions of a preliminary injunction issued by respondent on October 8, 1970. We have conclude...
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Opinion In an amended and consolidated information defendant Sam Shells, Jr., was charged with the kidnaping, rape, and oral copulation (Pen. Code, §§ 207, 261.3 and 288 a respectively) of Dorene K., and the kidnaping and rape of Elizabeth B. 1 After a trial by jury defendant was found guilty of all five counts charged. He appeals from the judgment of conviction. Generally speaking, the evi...
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Opinion Petitioner John Mooney, for himself and others similarly situated, seeks mandamus to compel the Department of Public Health and Welfare of the County of San Mateo, the director of the department, 1 and its superintendent of the social services division, to grant him General Assistance welfare payments. Respondents, in refusing petitioner General Assistance, rely on coun...
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*663 Opinion Petitioners seek prohibition to prevent the superior court from taking further proceedings on an information filed against them. We have concluded that prohibition should issue for the reason that the information charges petitioners with offenses not specified by the committing magistrate nor shown by the evidence to have occurred. On June 24, 1970, petitioners were charged by ...
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16 Cal.App.3d 644 (1971) 94 Cal. Rptr. 295 Estate of HENRY W. GATLIN, Deceased CROCKER-CITIZENS NATIONAL BANK, as Executor, etc., Petitioner and Respondent, v. FRANCES GATLIN YATES, Claimant and Respondent. SAN FRANCISCO LIGHTHOUSE FOR THE BLIND et al., Claimants and Appellants. THOMAS C. LYNCH, as Attorney General, etc., Objector and Appellant. Docket No. 1241. Court of Appeals of California, Fi...
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Opinion This is an appeal by several charitable organizations from a final decree of distribution distributing the entire estate of Henry W. Gatlin to decedent’s daughter, his sole surviving heir at law. Also appealing is the Attorney General under his duty to protect charitable trusts “because of the parens patriae position of the state with respect thereto.” (People v. Cogswell, 113 Cal. 129 [45...
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Opinion A jury awarded plaintiff JaneD. Tischoff $75,000 for injuries she received in an automobile collision. Defendant Pearl H. Wolfchief appeals, contending judgment should not have been entered as against her because the car she was driving at the time of the accident did not come in contact with plaintiff’s car. About 9:00 p.m., July 27, 1966, plaintiff stopped her car at a stop sign on ...
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*721 Opinion Defendant and cross-complainant Bertha Abramovic appeals from a judgment entered in a partition suit decreeing she has no interest in the property involved, to the exclusion of the remaindermen designated in a testamentary trust. The trust was set up under a will executed by Henry F. Brunken on May. 1, 1940, which as involved here, provides: “Eighth: I hereby give an...
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Opinion Defendants were charged with burglary, in violation of section 459 of the Penal Code; sundry prior convictions were alleged against each defendant. Defendants pled not guilty and denied the priors. A trial by jury resulted in a mistrial. On the second trial, both defendants w'ere found guilty, the verdicts fixing the degree as second degree. The priors were found to be true.1 Motions for a...
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Opinion Defendant was charged with possession of heroin, in violation of section 11500 of the Health and Safety Code; one prior felony conviction was also alleged. He pled not guilty and denied the prior. After a jury trial, he was found guilty and the prior was found to be true. On October 25, 1967, motion for a new trial was made and denied; criminal *923proceedings were suspended and proceeding...
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*839Opinion The only question on this appeal is whether it was error for the trial court to permit defendant to represent himself after the court, on an adequate record, had twice found that the defendant was unable to do so, where no further showing of the defendant’s capacity was made, and where the only apparent reason for the new and different ruling was that the defendant threatened not to c...
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Opinion On March 4, 1969, the Board of Trustees of the Compton Junior College District (hereinafter referred to as the Board) pursuant to Education Code sections 13403, 13404 and 13408, suspended defendant, a certificated teacher, from his employment with the Compton Junior *822 College District and notified him of the Board’s intention to dismiss him after 30 days. The suspension .and dismis...
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Opinion On August 10, 1967 petitioner (hereinafter defendant) was convicted by jury of grand theft (Pen. Code, § 484), armed robbery (Pen. Code, § 211), and kidnaping for the purpose of committing robbery (Pen. Code, § 209), all arising out of a robbery perpetrated in a Denny’s Restaurant in the City of Riverside on December 11, 1966. On August 31, 1967, judgment was pronounced and defendant wa...
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16 Cal.App.3d 766 (1971) 94 Cal. Rptr. 331 JACK WESTLEY YOUNG, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE SACRAMENTO JUDICIAL DISTRICT OF SACRAMENTO COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent. Docket No. 12688. Court of Appeals of California, Third District. April 19, 1971. *767 COUNSEL Blackmon, Isenberg & Moulds and Clyde Blackman for Pl...
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Opinion This is an action by plaintiff dentist for damages for alleged negligence by defendant telephone company in omitting plaintiff’s name (and other information) from the “Yellow Pages” of the San Luis Obispo telephone directory, published in 1969. Plaintiff appeals from a judgment of dismissal entered after defendant’s demurrer to his complaint was sustained without leave to amend. ...
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Opinion The People seek prohibition to restrain the transfer of a murder prosecution from Santa Clara County pursuant to an order of respondent court granting a defense motion for a change of venue from that county. We have concluded (1) that the People may properly pursue extraordinary relief in this court and (2) that, under the circumstances hereinafter recounted, an appropriate writ must is...
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Opinion These cross-appeals arise out of an action by the insured, Executive Aviation, Inc. et al., against its liability insurer, National Insurance Underwriters et al., in an action for damages for the loss of an aircraft in a sales demonstration flight, and for declaratory relief concerning the extent of the insurer’s obligation to defend a third party action filed by the heirs of the deceas...
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16 Cal. App. 3d 671 (1971) 94 Cal. Rptr. 360 THE PEOPLE, Plaintiff and Respondent, v. JOHNNY HOZE, Defendant and Appellant. Docket No. 5933. Court of Appeals of California, Third District. April 14, 1971. *672 COUNSEL Joseph S. Samuel, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas C. Lynch and Evelle J. Younger, Attorneys General, Edsel W. Haws and James D. Garboli...
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Opinion Defendant, Felix David Neder, was charged by information with three counts of forgery (Pen. Code, § 470) and with a prior felony conviction for robbery. Involved were Sears sales invoices for $18.90 (count I), $22,04 (count II), and $44.05 (count III). After a plea of not guilty and submission upon the transcript of the preliminary hearing, defendant was found guilty as charged as to al...
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Opinion The People appeal from an order dismissing, pursuant to Penal Code section 1385, 1 a criminal action in which defendant was charged with possession of heroin (violation of Health & Saf. Code, § 11500). This dismissal immediately followed, and was based upon defendant’s successful motion to suppress evidence pursuant to section 1538.5. The cause was apparently dismissed,...
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Opinion People appeal an order suppressing evidence and dismissing the information against defendant. (Pen. Code, § 1238, subd. (7).) During the hearing on defendant’s motion to suppress (Pen. Code, § 1538.5), Officer Joseph Toney of the Los- Angeles police testified that he and his partner were patrolling an alley behind apartment buildings with open garages in an area of Hollywood where there ha...
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Opinion This is an appeal from an involuntary commitment of defendant as a narcotic drug addict under the provisions of section 3100 et seq. of the Welfare and Institutions Code. The only question raised is the legality of defendant’s initial arrest. The People’s only witness on this issue was Officer Long who was patrolling the neighborhood of 41st and Main Streets at about 11 p.m. on Apri...
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Opinion Appellant petitioned the Superior Court of Stanislaus County for a writ of error coram nobis, which was denied without a hearing. He has appealed upon the ground his sentence to the state prison upon revocation of his probation, exceeded the jurisdiction of the Stanislaus County Superior Court because the court failed to sentence him in accordance with his request, pursuant to the pro...
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Opinion Defendant appeals from a judgment convicting him of robbery in the first degree. He contends that the trial court committed prejudicial error in ruling admissible a written statement he made to another judge in the post-conviction proceedings of an earlier, related case; that the photographic identification procedure here used was unduly suggestive; and that the finding he was armed at ...
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Opinion We ordered these three cases transferred to this court on our own motion (rule 28(a), Cal. Rules of Court) so that we might consider whether the Courts of Appeal have the authority to waive the $50 fee required under Government Code section 68926 for filing the record on appeal in a civil case or a petition for a writ within their original jurisdiction. Upon a review of the appli...
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Opinion Defendant, Lawrence Earl Lavergne, was found guilty by a jury of two counts of first degree robbery of a men’s clothing store. (Pen. Code, § 211.) He was acquitted on two other counts involving robbery of a supermarket. He contends that the trial court improperly denied him the right to impeach the testimony of his accomplice in the clothing store robbery. 1 He also argues that the pr...
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Opinion When authorized by statute to remove from the highway and store a vehicle until the owner subsequently reclaims it, police officers routinely compile a complete inventory of the contents of the vehicle prior to storage, Petitioner, charged with possession of marijuana, seeks a writ of mandate to compel the respondent superior court to suppress evidence, seized when police inventoried the c...
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*688 Opinion Plaintiffs, recipients of Aid to Families With Dependent Children, and of Aid to the Blind (Welf. & Inst. Code, §§ 11200-11488; 42 U.S.C. § 601 et seq.; Welf. & Inst. Code, §§ 12500-12850), appeal from the judgment of the trial court, which sustained defendants’ general demurrer to their complaint without leave to amend on the ground that plaintiffs had not exhausted...
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Opinion This is an original petition for writ of mandate, filed by the East Bay Municipal Utility District, a public agency (hereinafter the “district”), to compel respondent Nathan J. Sindelar, its treasurer, to execute certain bonds in connection with their issuance and sale by the district as authorized by its board of directors. We have concluded that the district has properly invoked the o...
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Opinion Defendant appeals from a judgment of conviction for sale of heroin (Health & Saf. Code, § 11501). The sole issue raised on appeal is whether Eleazer v. Superior Court, 1 Cal.3d 847 [83 Cal.Rptr. 586, 464 P.2d 42], decided January 30, 1970, is to be applied retroactively to cases tried after its announcement btit where the last meaningful police contacts with the informant occurred prior t...
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Opinion Appellant Del Conte Masonry Company, a subcontractor on a public works project, has taken judgment against defendant Lewis, the general contractor. Del Conte itself was the judgment debtor of respondent F. P. Lathrop Construction Cbmpany (apparently in connection with some other transaction), and was indebted also to several suppliers of materials on the project and to Blackfield, its a...
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Opinion Vertís Patterson appeals from an order of the Superior Court of Fresno County denying her petition for a writ of prohibition wherein she seeks to stop the Municipal Court of Fresno Judicial District from proceeding in a criminal action pending against her in that court for alleged violations of Welfare and Institutions Code section 11482. In July 1968, a complaint was filed i...
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Opinion Appellant brought this action to recover from respondent the unpaid balance on a promissory note of which respondent’s son-in-law, Frank Zarider, was the maker. Respondent guaranteed payment of the note by written instrument under circumstances hereinafter described. The trial court concluded that respondent “was exonerated of her obligations” under the guaranty by reason of ...
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Opinion By information defendant was charged in count I with possession of marijuana for sale (Health & Saf. Code, § 11530.5), in count II with possession of heroin (Health & Saf. Code, § 11500), in count III with possession of cocaine (Health & Saf. Code, § 11500), and in count IV with possession of a restricted dangerous drug (amphetamine) (Health & Saf. Code, § 11910). He pleaded not g...
Views: 10
Opinion Defendant Manuel Albert Rebeles appeals from a judgment of conviction entered after he pleaded guilty to robbery (Pen. Code, § 211) and was sentenced to state prison. The judgment of conviction included an express finding he was armed with a firearm at the time of the offense within the meaning of Penal Code sections 12022.5 and 1203. The effect of the finding is to increase defendant’s te...
Views: 5
Opinion Defendant city appeals from an order granting a new trial rendered on the basis that respondent was not a “prisoner” under Government Code section 844.6, subdivision (a), as a matter of law. The action arose upon respondent’s complaint for damages for personal injuries sustained as a result of alleged assault and battery committed by defendant city’s police officer. The present or...
Views: 11
Opinion Following a trial by jury defendant Daniel Thomas Stathos was convicted of kidnaping for the purpose of robbery (Pen. Code, § 209) and two counts of first degree robbery (Pen. Code, §§ 211, 211a). His codefendant Kenneth Lee Harnal, tried at the same time, was convicted of kidnaping for the purpose of robbery and first degree robbery. (An accomplice in the offenses, Walter Hoefler, plea...
Views: 14
Opinion To the marriage of Charles W. and Marcia D. Hinman were born three children, Charles Marshall, Valerie Lynn and Victoria Anne Hinman. At all times here pertinent, these children were beneath the age of 21. On June 22, 1965, Mrs. Hinman was. granted a final decree of divorce. Custody of the children was awarded to the mother, with certain rights of visitation reserved to the father. Ther...
Views: 7
16 Cal. App. 3d 1001 (1971) 94 Cal. Rptr. 492 THE PEOPLE, Plaintiff and Respondent, v. ROBERT F. AGUILAR, Defendant and Appellant. Docket No. 885. Court of Appeals of California, Fifth District. April 22, 1971. *1003 COUNSEL Eugene A. Biglow, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas C. Lynch and Evelle J. Younger, Attorneys General, Arnold O. Overoye and Frank...
Views: 3
*221 Opinion The defendant was charged with possession of heroin for sale and two prior felony convictions, possession of marijuana and selling a narcotic. He moved to dismiss the information under the provisions of Penal Code section 995. The motion was denied. He filed a petition for writ of prohibition in this court which was denied. He then filed a petition for hearing in the Supreme Cour...
Views: 7
16 Cal.App.3d 941 (1971) 94 Cal. Rptr. 504 WESTERN MOBILEHOME ASSOCIATION et al., Plaintiffs and Respondents, v. COUNTY OF SAN DIEGO et al., Defendants and Appellants. Docket No. 10385. Court of Appeals of California, Fourth District, Division One. April 21, 1971. *943 COUNSEL Bertram McLees, Jr., and Robert G. Berry, County Counsel, Jack Limber and John McEvoy, Deputy County Counsel, for Defenda...
Views: 0
16 Cal. App. 3d 787 (1971) 94 Cal. Rptr. 511 TIMOTEO SERRANO, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, FREEMAN-SONDGRATH CONSTRUCTION COMPANY et al., Respondents. Docket No. 27446. Court of Appeals of California, First District, Division One. April 20, 1971. *788 COUNSEL Boccardo, Blum, Lull, Niland, Teerlink & Bell and James D. Hendy for Petitioner. Rupert A. Pedrin and Marcel L....
Views: 11
Opinion Petitioner, Edward J. Kirby, Director of Alcoholic Beverage Control of the State of California (hereinafter sometimes referred to as the “department”), petitions the court for a writ of review of the decision of respondent Alcoholic Beverage Control Appeals Board of the State of California (hereinafter sometimes referred to as the “appeals board”). Petitioner, who is charged with the admi...
Views: 1
17 Cal.App.3d 337 (1971) 94 Cal. Rptr. 519 In re DAVID BIGGS et al., Persons Coming Under the Juvenile Court Law COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC SOCIAL SERVICES, Plaintiff and Respondent, v. EVELYN ROBINSON, Defendant and Appellant. (Consolidated Appeals.) Docket Nos. 18668, 18669. Court of Appeals of California, Second District, Division One. March 31, 1971. *340 COUNSEL Edward J. Owe...
Views: 8
Opinion These are appeals from orders of the juvenile court in two companion cases adjudicating minor dependent children and ordering that their custody be placed under the supervision of the Department of Social Services. We affirm the orders of the juvenile court. We are confronted with a threshold question in our consideration of the case at bench. Relying upon Matter of Cannon, 27 Cal.App. 5...
Views: 0
17 Cal.App.3d 247 (1971) 94 Cal. Rptr. 524 Estate of GEORGE LACKEY, Deceased. ETHEL MONTGOMERY, as Executrix, etc., et al., Petitioners and Appellants, v. MAURINE BARCAL, Objector and Appellant. PATRICIA CARSON, Objector and Respondent. BERTHA CLIFTON, Claimant and Appellant. Docket No. 37483. Court of Appeals of California, Second District, Division Three. April 28, 1971. *249 COUNSEL Miller &am...
Views: 0
*250Opinion These are cross-appeals challenging the incongruous result that two inter vivos gifts by a testator, George Lackey, to two of his predeceased wife’s cousins in the amounts of their legacies had different legal consequences. As regards Mrs. Maurine Barcal the trial court found that her legacy of $20,000 in George Lackey’s will was adeemed by the lifetime gift to her of this amount. As r...
Views: 0
*272 Opinion Green brought suit against American Casualty Company to recover $50,000 in benefits under a group accidental-death and dismemberment insurance policy. The trial court concluded he was not covered by the policy at the time of his loss and entered judgment in favor of defendant. Green appeals. Green was an employee of Farmer Brothers Company, which on 8 August 196...
Views: 8
Opinion This is an appeal by Warren S. Garrett, Adele M. Gomez and Arthur J. Fitzgerald, members of the 1968 Los Angeles County Grand Jury, from a summary judgment in favor of plaintiff requiring defendants to reimburse the County of Los Angeles in the sum of six cents, and from an order denying defendants’ motion for summary judgment. 1 Plaintiff brought the action as a taxp...
Views: 3
Opinion Defendant appeals from the. judgment entered following a nonjury trial that resulted in his conviction for possessing marijuana for purposes of sale in violation of Health and Safety Code section 11530.5. Appellant contends: “I. The contraband evidence was obtained as a result of an invalid search and seizure. II. There is insufficient evidence that appellant had dominion and control ov...
Views: 7
*961Opinion The People appeal from an order vacating a judgment sentencing defendant to the state prison and placing him on probation. On August 22, 1969, defendant entered a plea of guilty to the offense of selling marijuana; waived probation; asked that judgment be pronounced forthwith; and was sentenced to imprisonment in the state prison. At this time defendant was serving a sentence in a fede...
Views: 2
*933 Opinion Defendant Eugene Redmond pleaded “not guilty” and “not guilty by reason of insanity” to a charge of an assault with a deadly weapon and by means of a force likely to produce great bodily injury allegedly committed on January 20, 1968. (Pen. Code, § 245, subd. (a).) Criminal proceedings were adjourned to permit defendant’s hospitalization for “present insanity” (Pen. Code, § 1368)...
Views: 19
Opinion Defendant Carnesi appeals from the judgment (order granting probation) which followed his conviction of a violation of section 11910 of the Health and Safety Code (possession of restricted dangerous drug—Secobarbital). Facts At about midnight of August 10, 1969, Officers Pearson and Rasmussen of the Los Angeles Police Department responded to a radio- communication that j...
Views: 8
Opinion A jury found in plaintiff’s favor in a malicious prosecution action brought against defendant Union and assessed both compensatory and exemplary damages against it. The Union appeals from judgment entered on the verdict, order denying its motion for judgment notwithstanding the verdict and order denying motion for new trial. The attempted appeal from the latter order is dismissed. Fir...
Views: 16
*475 Opinion Card Construction Company, Inc. (Card) appeals from a judgment of dismissal entered after demurrers to the complaint by respondents, Ledbetter & Son (Ledbetter) and San Diego Pacific Rentals (Pacific), had been sustained without leave to amend. The original complaint was brought by Card and its bonding company, Insurance Company of North America (I.N.A.). The di...
Views: 3
Opinion Appellant was convicted, following a jury trial, of a violation of Health and Safety Code section 11500 (possession of narcotics other than marijuana). The appeal is from the judgment. On July 16, 1969, appellant pleaded not guilty to the offense charged. A jury was impaneled on September 15. Testimony commenced on September 16. On September 17, the trial was ordered continued for one...
Views: 14
Opinion By information, defendant was charged with possession of heroin for sale, a felony, in violation of Health and Safety Code section 11500.5. A prior felony conviction for violation of Health and Safety Code section 11500 was also alleged. Defendant’s motions under Penal Code sections 995 and 1538.5 were denied, as were his motions to disclose the identity of the informants and to strike ...
Views: 5
17 Cal.App.3d 204 (1971) 94 Cal. Rptr. 586 OHIO CASUALTY INSURANCE COMPANY, Plaintiff and Appellant, v. NORTHWESTERN MUTUAL INSURANCE COMPANY et al., Defendants and Respondents. Docket No. 10308. Court of Appeals of California, Fourth District, Division One. April 27, 1971. *206 COUNSEL Casey, McClenahan & Fraley and Thomas W. Hauser for Plaintiff and Appellant. Higgs, Jennings, Fletcher &...
Views: 6
Opinion On January 18, 1968, petitioner was charged by complaint in municipal court with robbery and with assault with a deadly weapon, in violation of sections 211 and 245 of the Penal Code. A warrant for his arrest duly issued but was never served, although he was in the county jail and in courts in Santa Barbara County during a large part of the year 1968. On December 9, 1968, he was arrested o...
Views: 0
16 Cal.App.3d 875 (1971) 94 Cal. Rptr. 592 FREDERICK KRYCH, Plaintiff and Appellant, v. MERCURY CASUALTY COMPANY, Defendant and Respondent. Docket No. 10340. Court of Appeals of California, Fourth District, Division One. April 20, 1971. *876 COUNSEL Tyson & Churchill and William T. Tyson for Plaintiff and Appellant. Welsh, Gibson & Legro, Stanley W. Legro and Paul R. Kennerson for Defenda...
Views: 4
Opinion By information in one count, defendant and a codefendant were charged with the crime of possession of cocaine, a violation of Health and Safety Code section 11500. Defendant pleaded not guilty. His motion under Penal Code section 1538.5 was denied. Defendant personally and all counsel waived trial by jury, and the court found defendant guilty as charged. Probation was denied, and defendant...
Views: 0
Opinion The Board of Pension Commissioners of the City of Los Angeles appeals from a judgment granting a peremptory writ of mandate directing it to reconsider its denial of a service-connected pension to the widow of a police sergeant and in such reconsideration to give effect to the disputable presumption created by Labor Code section 3212.5. This section creates a disputable presumption that he...
Views: 0
Opinion Petitioner Edward Camara, in an original proceeding before this court, seeks a writ of mandate to compel respondent Angele Mellon, City Clerk of the City of Santa Cruz, to file his nomination papers and place his name on the ballot as a candidate for the Santa Cruz City Council in the election to take place on April 13, 1971. Petitioner has been a state resident since September 1962, an...
Views: 17
Opinion In this proceeding to determine the constitutionality of durational residency requirements imposed by the Butte County Charter for candidates for the county board of supervisors, plaintiffs (hereafter referred to for convenience as petitioners) appealed from a judgment of the trial court upholding the constitutionality of the charter provision and denying the relief requested. After d...
Views: 10
4 Cal.3d 747 (1971) 484 P.2d 583 94 Cal. Rptr. 607 THE PEOPLE, Plaintiff and Respondent, v. ALLAN FEIN, Defendant and Appellant. Docket No. Crim. 15213. Supreme Court of California. In Bank. May 5, 1971. *750 COUNSEL Harvey A. Schneider, under appointment by the Supreme Court, for Defendant and Appellant. Thomas C. Lynch and Evelle J. Younger, Attorneys General, William E. James, Assistant Attorn...
Views: 36
Opinion Defendant, having waived trial by jury, was convicted of possession of marijuana (Health & Saf. Code, § 11530), and possession of restricted dangerous drugs (Health & Saf. Code, § 11910). Prior to trial defendant moved pursuant to Penal Code section 1538.5 to suppress certain evidence found subsequent to his arrest, which motion was denied. Defendant now appeals from the judgment of convi...
Views: 2
Opinion (1) The principal issue considered in this opinion is when the specific intent to rob must be formed in relation to the seizing of the victim in order to constitute a violation of Penal Code section 209 (kidnaping for the purpose of robbery) in those offenses which took place after the 1951 amendment to said code section. We have concluded that the intention to commit robbery must be pr...
Views: 25
Opinion In this case we are called upon to determine under what circumstances a minor is entitled to a free transcript for use on appeal from an order of the juvenile court finding him to be a person coming within the provisions of Welfare and Institutions Code section 602. 1 We have con- *838 eluded that under Welfare and Institutions Code section 800, petitioner ...
Views: 7
Opinion Plaintiff appeals from a judgment rendered on a verdict in his favor in the amount of $6,100 in an action for personal injuries against defendants. We consider under what circumstances a defendant in a tort action may introduce evidence of plaintiff’s receipt of collateral source *727 benefits for the purpose of establishing that plaintiff had a motive for feigning in...
Views: 26
Opinion Section 11546 of the Business and Professions Code authorizes the governing body of a city or county to require that a subdivider must, as a condition to the approval of a subdivision map, dedicate land or pay fees in lieu thereof for park or recreational purposes. In this class action for declaratory and injunctive relief, Associated Home Builders of the Greater East Bay, Incorpo...
Views: 17
Opinion Real parties in interest were charged with violation of Health and Safety Code section 11500.5 (possession of heroin for sale) with a prior felony conviction charged against each defendant. After pleas of not guilty and denials of the prior convictions, motions to dismiss the information (under Pen. Code, § 995) were denied. On a motion to suppress evidence under Penal Code section 1538...
Views: 5
17 Cal.App.3d 401 (1971) 94 Cal. Rptr. 648 Estate of ETHEL C. ALLEN, Deceased. HOUSTON I. FLOURNOY, as State Controller, Petitioner and Respondent, v. CHARLES A. ZELLER, as Executor, etc., et al., Objectors and Appellants. Docket No. 12598. Court of Appeals of California, Third District. May 7, 1971. *404 COUNSEL Charles A. Zeller, in pro. per., Clausen & Clausen and Henry C. Clausen for Obje...
Views: 1
Opinion The will of Ethel C. Allen contained two separate bequests to Scottish Rite Bodies, Stockton, California. One bequest, consisting of a third of the estate’s residue, was accompanied by a request that the money be used to pay off the debt against the Temple building; the other, also one-third of the residue, was accompanied by a request that it be used for improving and maintaining the res...
Views: 0
17 Cal.App.3d 51 (1971) 94 Cal. Rptr. 654 LINDA D. MITTELMAN, a Minor, etc., et al., Plaintiffs and Appellants, v. LEE D. SEIFERT, as Administratrix, etc., Defendant and Respondent. Docket No. 26494. Court of Appeals of California, First District, Division Two. April 23, 1971. *55 COUNSEL Demanes & Sanders, Floyd A. Demanes and A. Lee Sanders for Plaintiffs and Appellants. Edward I. Pollock, ...
Views: 1
Opinion This is an appeal by Margaret A. Colyear Halvorson (widow of Richard C. Colyear) from an order of the probate court denying her petition for instructions, wherein she sought an order instructing Richard Calhoun Colyear as testamentary trustee to distribute to the life income beneficiaries a stock dividend received by said trustee, and which had been paid out of retained earnings. Appellant...
Views: 1
17 Cal.App.3d 127 (1971) 94 Cal. Rptr. 702 GERALD S. MEINER, Plaintiff and Appellant, v. FORD MOTOR COMPANY et al., Defendants and Respondents. Docket No. 9886. Court of Appeals of California, Fourth District, Division Two. April 26, 1971. *130 COUNSEL Victor A. Gables, Hunt, Liljestrom & Wentworth and Vernon W. Hunt, Jr., for Plaintiff and Appellant. Thompson & Colegate, Don C. Brown, He...
Views: 6
Opinion This is a petition for a writ of mandate under section 1538.5 of the Penal Code, to require respondent superior court to annul that portion of, its order which suppressed evidence in a criminal prosecution against the real party in interest, George Edward Holmes. Statement of the Facts On October 10, 1969, at approximately 5:30 a.m, Deputy Sheriff Jacobs and his partner, while pat...
Views: 2
*277 Opinion Williams appeals a judgment committing him to the Youth Authority after his conviction for possession of a restricted dangerous drug (Health & Sjaf. Code, § 11910.) Facts About 10:30 in the morning on 8 December 1969 Police Officers Chapman and Lane, who had been assigned to patrol the Fremont High School area of Los Angeles, watched Williams and two co...
Views: 11
Opinion This is a proceeding for a writ of prohibition to restrain respondent court from taking any further action on the motion of the real party in interest (Collins) for indemnification under section 830 of the *356 Corporations Code. 1 We issued an order temporarily staying any action in respondent court pending our decision herein on the merits, and issued an ...
Views: 0
Opinion Appellant was found guilty of second degree murder after a nonjury trial and was sentenced to state prison for the term prescribed by law. Pursuant to a stipulation to which appellant gave his personal approval after he had been fully advised of his constitutional rights by his counsel and by the court, a jury trial was waived and it was agreed that the court might read and consider the...
Views: 5
Opinion In count I of an information, the appellant Robert Isenor and a codefendant Pepi Rogers were charged with burglary (Pen. Code, § 459); in count II, the appellant Robert Isenor and the aforesaid codefendant Pepi Rogers were charged with grand theft (Pen. Code, §§ 484-487); in count III, the appellant Melody Isenor was charged with receiving stolen property (Pen. Code, § 496); in count IV...
Views: 10
Opinion This is an appeal from a judgment awarding respondent Kaiser Industries $69,514.68 and attorney’s fees in the sum of $2,500 in an action on a promissory note. The principal question is whether the note was secured by an equitable mortgage and, if so, whether, under Code of Civil Procedure section 726, respondent was required to foreclose on that mortgage. The evidence di...
Views: 2
*863Opinion Petitioners1 seek a writ of prohibition restraining respondent court from taking further proceedings in a criminal action charging them with a violation of section 9-108 of the Municipal Code of the City of Seaside (City). The ordinance prohibits parades or civic demonstrations obstructing the free use of streets and sidewalks without first obtaining a permit from the City.2 We issued ...
Views: 0
Opinion In this antitrust case, plaintiffs Harold Corwin and Allen Barr, doing business as Statewide Publication Service (Statewide), appeals from a summary judgment in favor of defendant Los Angeles Newspaper Service Bureau, Inc. (Bureau) and 40 of its member newspapers also joined as defendants. As will appear, we have concluded that upon the record presented the summary judgment was er...
Views: 18
Opinion We consider whether a group of consumers who have bought merchandise under installment contracts may maintain a class action seeking rescission of the contracts for fraudulent misrepresentation on behalf of themselves and others similarly situated, against both the seller of a product and the finance company to which the installment contracts were assigned. We conclude that such a...
Views: 59
Opinion In this case we hold that a juvenile 1 who has been temporarily detained by juvenile court authorities and subsequently released *771 without further proceedings does not become subject to a record which should be described as an “arrest” or “detention” record. In filling out forms for applications for educational or occupational opportunities such a juveni...
Views: 29
*788 Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar that petitioner be suspended from the practice of law for one year on conditions of probation including three months’ actual suspension. 1 Petitioner, who was admitted to practice in 1952, was charged in a notice to show cause with forging the name of a client, Glo...
Views: 20
Opinion Defendant was charged in two counts with possession of restricted dangerous drugs (§ 11910, Health & Saf. Code [seconal and benzedrine]). After entering a plea of not guilty she moved under section 1538.5, Penal Code, to suppress the evidence. The matter was submitted to the court on the transcript of the testimony taken at the preliminary hearing. The motion was denied whereupon ...
Views: 3
Opinion Defendant appeals from that portion of the judgment in a condemnation proceeding brought by plaintiff which adjudged that defendant was not entitled to severance damages. 1 The issue on appeal is whether the trial judge erred in determining that defendant had not suffered a substantial impairment of access as a result of the taking of a portion of her property. By the instant eminen...
Views: 2
Opinion The county appeals a judgment, whereby plaintiff association was held entitled to recover general taxes, paid under protests, in the aggregate sum of $89,993.96. The sole issue is whether the rice so taxed was or was not an “export” at the time of taxation. If it was, then the taxation was prohibited by article I, section 10, clause 2, of the United States Constitution. If it was ...
Views: 4
16 Cal.App.3d 726 (1971) 94 Cal. Rptr. 856 Estate of ATA MUHAMMAD, Deceased. BELLI, ASHE, GERRY, ELLISON & CHOULOS et al., Petitioners and Respondents, v. BANK OF AMERICA, as Trustee, etc., Objector and Appellant. Docket No. 11922. Court of Appeals of California, Third District. April 16, 1971. *728 COUNSEL Geis & MacFarland and Roy G. MacFarland for Objector and Appellant. Belli, Ashe, E...
Views: 1
Opinion Appellant bank is testamentary trustee under the last will and testament of Ata Muhammad, who died on January 6, 1961. The appeal is from an order made in the estate proceeding on July 18, 1967, fixing attorneys’ fees and directing the executors to pay those fees to respondent attorneys for services performed by them on behalf of Yasmin Muhammad, the decedent’s minor daughter, in a contes...
Views: 0
17 Cal.App.3d 470 (1971) 94 Cal. Rptr. 882 THE PEOPLE, Plaintiff and Respondent, v. NATHANIEL WASHINGTON, Defendant and Appellant. Docket No. 18584. Court of Appeals of California, Second District, Division Two. May 12, 1971. *472 COUNSEL Philip J. Catanzaro, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas C. Lynch and Evelle J. Younger, Attorneys General, William E....
Views: 17
Opinion Appellant, Continental Dairy Equipment Company, a California corporation (plaintiff and cross-defendant) sued respondent Tony Lawrence (defendant and cross-complainant) for the balance due for the sale and installation of certain milking equipment. Tony Lawrence cross-complained for damages. The jury returned a general verdict against appellant and for respondent on the complaint and cr...
Views: 9
Opinion Plaintiff appeals from judgment in favor of defendant after trial by the court. Question Presented Civil Code section 3440 in its applicability to the transfer to plaintiff of the community assets is not repealed by the Commercial Code. Record On April 30, 1966, in a divorce action filed by plaintiff, and then pending, she and Calvin Gardner, her husband, entered into a marital ...
Views: 0
Opinion This is an appeal from a judgment of the Superior Court of Stanislaus County denying appellants’ petition for a writ of mandate to compel respondents to vacate an order granting real party in interest a special use permit to operate a mobilehome park in an R-A (residential-agricultural) zone or use district as established by the City of Oakdale’s land use ordinance. Under this ordinance...
Views: 2
Opinion Appellant was charged with a violation of Health and Safety Code section 11530 (possession of marijuana) and pleaded not guilty. Appellant’s motion made pursuant to Penal Code section 995 was denied, and a motion made pursuant to Penal Code section 1538.5 was denied. By stipulation, the matter was Submitted on the transcript of the preliminary hearing and the transcript of the section 1538...
Views: 5
Opinion The proceedings before this court involve three separate causes which have been consolidated for determination because they present common questions of law. In Gray v. Whitmore (1 Civ. 27565) and in Dionio v. Carberry (1 Civ. 28540) the respective plaintiffs appeal from an order denying them a preliminary injunction and a peremptory writ...
Views: 3
Opinion Defendant was convicted of the offense of conspiracy to transport marijuana, upon a plea of nolo contendere; was granted probation; and appeals, contending denial of his motion to suppress evidence was error requiring a reversal. On August 3, 1967, defendant subscribed for the services provided by a telephone answering service; wanted to receive telephone messages through the answering ser...
Views: 7

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