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All Reporters → cal-rptr → Volume 95

Opinions in cal-rptr Volume 95

Opinion This is an original petition for a writ of mandate to compel the Therapeutic Abortion Committee of Los Angeles County-USC Medical Center to consider on its merits petitioner Carlos’ application for a therapeutic abortion without the consent of her parents. We construe for the first time Civil Code section 34.51 to determine whether it emancipates minors for the purpose of obtaining therap...
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Opinion We treat the petition in the above-entitled proceeding as an application to recall the remittitur in People v. Pratt, 2 Crim. 9718. The proceeding is transferred to the Court of Appeal, Second District, Division Four, with directions to recall its remittitur, vacate its judgment to the .extent it affirms the judgment in Los Angeles County Superior Court case No. 238805, and redetermine pet...
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*51 Opinion Following trial by jury, defendant was convicted of possessing a restricted dangerous drug for the purpose of sale, as proscribed by Health and Safety Code section 11911. 1 On appeal, defendant urges reversal on the grounds that there was no substantial evidence to support the verdict, that an instruction on specific intent should have been given, and that he was denied effectiv...
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Opinion We treat the petition as a motion to recall the remittitur in People v. Wein, 50 Cal.2d 383 [326 P.2d 457]. The motion is granted. The remittitur issued on June 27, 1958, is recalled. The judgment is vacated on counts 1, 5, 9, 14, 17, 18, 21, and is affirmed on all other counts. (People v. Daniels, 71 Cal.2d 1119, 1140 [80 Cal.Rptr. 897, 459 P.2d 225]; People v. Mutch, 4 Cal.3d 389 [93 Cal...
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4 Cal.3d 945 (1971) 484 P.2d 1361 95 Cal. Rptr. 17 ORANGE COUNTY AIR POLLUTION CONTROL DISTRICT, Petitioner, v. PUBLIC UTILITIES COMMISSION, Respondent; SOUTHERN CALIFORNIA EDISON COMPANY, Real Party in Interest. Docket No. S.F. 22766. Supreme Court of California. In Bank. May 26, 1971. *947 COUNSEL Adrian Kuyper, County Counsel, John F. Powell, Deputy County Counsel, for Petitioner. John D. Maha...
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Opinion We are presented in this case with an issue of some importance to urban California: Whether the authority conferred upon the Public Utilities Commission to grant permission to construct and operate privately owned electric generating units supersedes, in cases of conflict, the authority conferred upon an air pollution control district to condition construction of such units upon complianc...
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5 Cal.3d 35 (1971) 484 P.2d 1367 95 Cal. Rptr. 23 THE PEOPLE, Plaintiff and Respondent, v. KLAUS RIZER, Defendant and Appellant. Docket No. Crim. 15047. Supreme Court of California. In Bank. May 27, 1971. *36 COUNSEL Albert D. Silverman, under appointment by the Supreme Court, for Defendant and Appellant. Thomas C. Lynch and Evelle J. Younger, Attorneys General, William E. James, Assistant Attorn...
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Opinion In 1959 Doyle Alva Terry was convicted on two counts charging lewd acts upon Richard and Timothy respectively, each a child under 14 (Pen. Code, § 288) and one count of infamous crime against nature committed against Timothy (Pen. Code, § 286). The judgment was affirmed. (People v. Terry (1960) 180 Cal.App.2d 48 [4 Cal.Rptr. 597] [hg. den., cert. den. 364 U.S. 941 (5 L.Ed.2d 372, 81...
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Opinion Plaintiff Larry Landau appeals from a judgment dismissing his action against respondents Mary Salam and Charge A Car, Inc., entered after respondents’ demurrer for misjoinder of parties was sustained without leave to amend. 1 Plaintiff claims to have been injured as the result of both the negligent driving of an automobile on April 28, 1968, and the negligent maintenanc...
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Opinion Charles J. Rounds Co. (hereafter employer) appeals from the judgment of the trial court, which dismissed a complaint, charging breach of a collective bargaining agreement, on the grounds that the dispute which was the subject of the suit was covered by an arbitration clause in the agreement. Employer is a general contractor operating in the Los Angeles area as a member of the...
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Opinion Plaintiff Bobby Adkins, on behalf of himself and all others similarly situated, filed an action “for injunction and declaration [ííc] relief” against the Monterey County Board of Supervisors, the county welfare department, and certain officials of that department. A general demurrer to his amended complaint was sustained after which a judgment of dismissal of the action was entere...
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Opinion Defendant appeals from a judgment entered upon a jury verdict convicting him of attempted burglary. Defendant also purports to appeal from an order denying his motion for new trial, but that order is nonappealable under Penal Code section 1237. Since the sufficiency of the evidence, though predominantly circumstantial, is not questioned, it may briefly be summarized by stating that sh...
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Opinion Plaintiffs and defendant in this quiet title action purchased their respective parcels of adjoining property in 1964. The chain of title to each parcel traces back to a common owner, R. F. Covert, who in 1914 conveyed to Paul Thede the parcel now owned by defendant. The parcel retained by Covert, which bounds the Thede parcel on three sides, has remained intact through various conveyanc...
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Opinion In June of 1968 defendant city, through its department of airports, filed with defendant planning commission an application for a conditional use permit pursuant to the provisions of section 12.24, Los Angeles Municipal Code, which would authorize the construction of hangars (assertedly 10 stories in height to accommodate jet planes) and other commercial buildings on residentially...
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*391 Opinion Defendant was sentenced to state prison following his plea of guilty to possession of heroin in violation of section 11500 of the Health and Safety Code, with an admitted prior conviction of the same offense, and a second admitted prior conviction of robbery in violation of section 211 of the Penal Code. By this appeal he seeks review of the denial of his motion to b...
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17 Cal.App.3d 758 (1971) 95 Cal. Rptr. 88 Estate of HARVEY A. RUSSELL, Deceased. BANK OF AMERICA, as Trustee, etc., Petitioner and Respondent, v. VICTOR ALBERT LAZZERONI II, a Minor, etc., Claimant and Appellant JOHN M. THOMPSON, as Guardian ad Litem, etc., Claimant and Respondent. Docket No. 28108. Court of Appeals of California, First District, Division One. May 21, 1971. *761 COUNSEL Garth V. ...
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Opinion This appeal presents a question of first impression in this state. It concerns the effect of adoption out of a testator’s family of a great-grandchild who, except for his adoption, would be included in a description of the class of remaindermen of a testamentary trust. Stated more precisely, the issue is as follows: Where a testamentary trust provides for distribution to a class of remaind...
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Opinion Plaintiffs, Alford and Blanche Leno, appeal from a judgment of nonsuit entered at the close of the presentation of their evidence in an action for damages for the wrongful death of their 20-year-old son James, who on May 9, 1965, drowned during the ocean checkout of a scuba-diving class given under the auspices of defendant, Young Men’s Christian Association of San Francisco (here...
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Opinion The State Director of Agriculture has appealed from a judgment which ordered the issuance of a peremptory writ of mandamus remanding to the director proceedings which led to the director’s order of July 1, 1969 establishing minimum prices and a schedule of discounts for fluid milk and other milk products, commanding him to either set aside his order or certain provisions thereof r...
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*414 Opinion In their “Petition for Writ of Certiorari and/or Prohibition,” petitioners attack the constitutionality of Code of Civil Procedure section 1209.5. This section provides: “When a court of competent jurisdiction makes an order compelling a parent to furnish support or necessary food, clothing, shelter, medical atdendance, or other remedial care for his child, proof that such orde...
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Opinion On August 17, 1970, a complaint was filed in the municipal court charging Jerry Dean Martin and Linda Lou Martin (real parties in interest and hereinafter designated as “defendants”) with possession of marijuana (Health & Saf. Code, § 11530), possession of marijuana for purpose of sale (Health & Saf. Code, § 11530.5), possession of a narcotic device (Health & Saf. Code, § 11555), and poss...
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Opinion Appeal from order of the Sacramento County Superior Court sitting as a juvenile court adjudicating appellant a ward of the court and committing him to the California Youth Authority. Questions Presented 1. Jurisdiction of the juvenile court to find appellant guilty of violation of Penal Code section 417. 2. Sufficiency of evidence to support the findings that appellant violated ...
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17 Cal.App.3d 463 (1971) 95 Cal. Rptr. 121 THE PEOPLE, Plaintiff and Respondent, v. CHARLES EDWARD JAMES, Defendant and Appellant. Docket No. 18618. Court of Appeals of California, Second District, Division One. May 12, 1971. *465 COUNSEL Terry M. Shagin, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney General, William E. James, Assistant Attorne...
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Opinion Defendant and Virgil Smith were charged with possession of a shotgun with a barrel less than 18 inches (§ 12020, Pen. Code). Motions under sections 1538.5 and 995, Penal Code, were denied. The cause was submitted for trial on the transcript of the testimony taken at the preliminary hearing, and defendant was found guilty as charged. He appeals from orders denying his motions. Since the ord...
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Opinion After submission of the cause on the transcript of the testimony taken at the preliminary hearing and hearing on motion under section 1538.5, Penal Code, and the exhibits, defendant was found guilty of unlawful possession of marijuana (§ 11530, Health & Saf. Code) and restricted dangerous drugs (§ 11911, Health & Saf. Code). He appeals from the judgment (order granting probation)....
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Opinion Defendant was charged with possession of marijuana (§ 11530, Health & Saf. Code). Also alleged was a prior felony (narcotic) *494 conviction. Defendant moved to suppress the evidence under section 1538.5, Penal Code. In granting the motion the judge said he did not question the officer, his motive or his judgment but was deciding the issue solely on a question of law....
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Opinion Defendant was convicted of the offense of possession of marijuana, i.e., a violation of Health and Safety Code section 11530, upon a plea of guilty; was granted and satisfactorily completed probation; was permitted to withdraw her plea of guilty, whereupon the case was *552 dismissed pursuant to Penal Code section 1203.4; moved the court to seal the record of her conviction and all pu...
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Opinion This appeal is taken from a judgment convicting appellant for the possession of heroin (Health & Saf. Code, § 11500). The sole assignment of error on appeal is as follows: “The trial court’s comments to the jury influenced their verdict, depriving the appellant of his constitutional rights to trial by an impartial jury and of due process of law.” We conclude that the trial court transgres...
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Opinion Defendant was convicted in a jury trial of conspiracy to commit robbery, robbery in the first degree and burglary in the second degree. Sentence on all three charges was to state prison, however, execution of the sentences on the conspiracy and burglary charges was stayed in order to avoid the prohibition of section 654 of the Penal Code against multiple sentencing. Defendant appeals ...
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Opinion Defendants, who unsuccessfully appealed from a judgment which granted the plaintiffs’ prayer for specific performance of a preemption agreement for the purchase from defendants of stock of a closely held corporation (see Addiego v. Hill (1968) 268 Cal.App.2d 280 [73 Cal.Rptr. 901]), now appeal from a post-judgment mandatory injunction which ordered them to carry out the judgment. *456They...
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Opinion This is an appeal from a judgment in favor of the defendant-respondent, entered pursuant to the granting of a “motion to strike and dismiss” the plaintiffs’ first amended complaint. Out of nine plaintiffs, only Mr. Pearl has chosen to appeal the trial court’s determination, which, we also add, relates only to the single defendant, Mr. Shore, and not to the various other defendants...
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Opinion Petitioners, San Diego Public Library and the State of Israel, appeal from the denial of their petition, pursuant to *719Probate Code section 584, for an order directing objector, Bank of America National Trust and Savings Association, as executor, to purchase an annuity. The will of Herbert Feuereisen and a codicil were admitted to probate on July 1, 1969; designated the Bank of America,...
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Opinion In February of 1969 plaintiff instituted an action against defendant (hereinafter referred to as “District”) and others in which damages —for breach of contract involving the construction of a sewer, system and by reason of certain tortious acts—were demanded; in connection therewith, an injunction was also sought to prevent the District from expending or disbursing any monies for...
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Opinion Plaintiff brings this action for damages against the State of California and certain designated employees and agents thereof, acting through the Department of Justice, Bureau of Criminal Identification and Investigation (hereafter referred to as Bureau), alleging that the Bureau negligently posted to plaintiff’s record, and negligently disseminated and published erroneous information rela...
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*706 Opinion On February 9, 1971, a petition was filed in the Juvenile Court of Los Angeles County, alleging that the relator herein—Gary J.—was a person described by section 602 of the Welfare and Institutions Code, 1 in that he had committed an act which, if committed by an adult, would constitute a violation of section 211 of the Penal Code (robbery). After a detention hearing, the min...
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Opinion Michael Joseph Mays and Benjamin A. Sam appeal their court tried convictions for kidnaping (Pen. Code, § 207), two counts each of forcible oral copulation (Pen. Code, § 288a), and two counts each of forcible rape. (Pen. Code, § 261.3). Execution of sentences for kidnaping were stayed pending appeal, to become permanent upon completion of the sentences for the other crimes which are bein...
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4 Cal. 3d 955 (1971) 485 P.2d 257 95 Cal. Rptr. 193 THE PEOPLE, Plaintiff and Respondent, v. JERRY DALE PARKS, Defendant and Appellant. Docket No. Crim. 14891. Supreme Court of California. In Bank. May 26, 1971. *957 COUNSEL Lloyd H. Riley, under appointment by the Supreme Court, and Howard Renge, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas C. Lynch, Attorney Gen...
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4 Cal. 3d 932 (1971) 485 P.2d 261 95 Cal. Rptr. 197 JOHN F. KEANE, Plaintiff and Respondent, v. GORDONI. SMITH, Defendant and Appellant. Docket No. Sac. 7889. Supreme Court of California. In Bank. May 25, 1971. *934 COUNSEL White, Harber, Fort & Schei and Lawrence A. Schei for Defendant and Appellant. Alan H. Thieler, McDonough, Holland, Schwartz, Allen & Wahrhaftig and Joseph E. Coomes, ...
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5 Cal. 3d 23 (1971) 485 P.2d 270 95 Cal. Rptr. 206 KENNETH I. SYMINGTON, Plaintiff and Respondent, v. CITY OF ALBANY et al., Defendants and Appellants. Docket No. S.F. 22751. Supreme Court of California. In Bank. May 27, 1971. *25 COUNSEL Lawrence D. Saler, City Attorney, for Defendants and Appellants. Arthur Bellman for Plaintiff and Respondent. Ghitterman, Spielman & Steele and Allan S. Ghi...
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Opinion Petitioner William Tidwell seeks review by writ of mandate of the denial of Penal Code section 1538.5 motions to suppress. He and his brother Robert were indicted in September 1967 on three separate counts of murder. Petitioner was found guilty of each charge by a jury and was sentenced to death. The California Supreme Court reversed the judgments for refusal to grant the defense’s moti...
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Opinion May the 10 percent “penalty” for unreasonable delay in payment of workmen’s compensation (Lab. Code, § 5814) be imposed for delay in payment of interest upon the award? That is the issue presented in these four cases. We issued writs of review, and have consolidated the four cases for disposition. In each case, an award of compensation was made and each applicant made demand upon the ...
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*648 Opinion The defendant was convicted of perjury in violation of section 118 of the Penal Code. The facts upon which her conviction was predicated are substantially as follows: On the last day of January or the first day of February 1968, Barbara Simmons was driven from Fresno to Madera County and shot to death. Sometime later appellant, who was the wife of one of the suspects, Weldon Le...
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Opinion This is an appeal by defendant Elmer Reisdorff from an order granting probation following his conviction of violating Penal *677 Code, section 475a (possession of completed check with intent to defraud) and Penal Code, section 470 (forgery). 1 On March 15, 1970, the San Jose office of Frank Pappalardo, doing business as Valley View Construction Company, was burglarized, and 31 of ...
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Opinion The facts were stipulated in the trial court: Plaintiff Sylvia Nachsin is the widow and sole heir of Samuel Nachsin who died when the Piper Cherokee aircraft in which he was riding as an occupant crashed on June 19, 1966, as the proximate result of the pilot’s negligence. Plaintiff’s damage was $50,000. The pilot operated the airplane with defendant owner Charles De La Bretonne’s pe...
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Opinion The People appeal, pursuant to subdivision (7) of section 1238 of the Penal Code, from an order dismissing a prosecution after an order, pursuant to section 1538.5 of that code, suppressing certain evidence. 1 We affirm the order. *606 Police officers, on routine patrol, in the early morning hours, observed defendant and a man named Brown engaged in a fight. They intervened and, c...
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Opinion Defendants John Ramsey and Jeanne Ramsey, husband and wife, appeal their jury-tried convictions of manslaughter (Pen. Code, § 192) of their 130-day-old daughter Bessie'Ann. They were sentenced to prison. We appointed a single counsel for both defendants on appeal. After briefs were filed, on our own motion we vacated the appointment and appointed separate counsel for each defendant. ...
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*558 Opinion Defendant appeals from a judgment entered on a jury verdict convicting him of first degree murder. On the afternoon of October 14, 1968, the deceased body of Edward Monaghan was discovered in the bedroom of his house trailer in Union City. He had last been seen alive by a neighbor at about midnight of the previous evening. His body was found with a necktie wrapped tightly aroun...
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Opinion The Appellate Department of the Superior Court of Alameda County has certified to this court on its own motion and we have accepted the instant case which involves a prosecution under Penal Code section 311.2 (sale or distribution of obscene matter). The case reached the appellate department on appeal from the denial by the municipal court of a motion to suppress evidence seized under a...
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I concur in the reversal of the summary judgment in favor of the City of Long Beach. However, the dangerous condition complained of existed on property which was privately owned and maintained—not on property owned or maintained by the city. The city’s pleading sets forth, and the photographs in the declarations suggest, that the city did not maintain a sidewalk in this particular area. If this is...
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Opinion This case is before us for a second time. Our original decision was filed on December 21, 1966, and published (People v. Martin, 247 Cal.App.2d 416 [55 Cal.Rptr. 629]). On February 17, 1970, we granted appellant’s propria persona motion to recall the remittitur, vacated the judgment, and reinstated the appeal to determine it in the light of Bruton ...
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Opinion Plaintiff White owns a condominium in the Merrywood condominium project and is a member of Merrywood Apartments, a nonprofit unincorporated association which maintains the common areas of Merrywood. In his complaint against Merrywood Apartments for damages for personal injuries White avers he tripped and fell over a water sprinkler negligently maintained by Merrywood Apartments in the com...
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Opinion This is an appeal by the plaintiff in a personal injury action from a judgment entered on a defense verdict. We affirm the judgment. *936 Appellant was injured when he was struck by an automobile while standing behind his own car which was stopped partly in a traffic lane of the Long Beach Freeway. He settled his cause of action against the driver of the car which struck him and pro...
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Opinion Statement of the Case After separate nonjury trials defendants Bell and Jackson were convicted of the murder of William E. Hall. At the conclusion of each trial the judge presiding announced his determination that the murder had been committed in the course of robbery and was therefore murder of the first degree. Each defendant has appealed from the judgment declaring him guilty of ...
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Opinion This case comes before us on a writ of review to determine the legality of an order of the Workmen’s Compensation Appeals Board denying a recovery to petitioner, Suzann Rankin, an employee of the Alameda County Welfare Department. Petitioner contends that her injury *859arose out of and occurred in the course of her employment, and that she is entitled to an award under section 3600 of th...
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Opinion In this proceeding, the appeal by the Controller of the State of California seeks to reverse in part the order fixing inheritance tax in the estate of Herbert M. Kupser, deceased, being Yuba County probate No. 6959, as well as the order relating to the inheritance tax liability of certain transfers of property in the estate of Anna M. Kupser, being Yuba County probate No. 4253, which dism...
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Opinion Appellant challenges the validity of the order of the court below entered on October 3, 1969, declaring him to be a mentally disordered sex offender (hereinafter referred to as MDSO) within the meaning of the applicable provisions of the Welfare and Institutions Code and committing him for placement in an institutional unit for the treatment of such offenders in a facility of the Depart...
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Opinion Defendant was charged by information with possession of restricted dangerous drugs. (Health & Saf. Code, § 11910.) He pleaded not guilty, and waived his right to confront and cross-examine witnesses, both for purposes of a motion under section 1538.5 of the Penal Code and for purposes of trial. After a motion to suppress was denied, the cause was submitted on the transcript of the...
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Opinion Defendants appeal from a summary judgment entered in favor of the plaintiff insurance company in a declaratory relief action. The facts are not in dispute. They involve an accident in a stolen car. Plaintiff State Farm Mutual Automobile Insurance Company (State Farm) issued a policy of automobile insurance to Fred Flynt, listing him as the “named insured” and describing ...
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*747 Opinion Cases consolidated for appeal. In case No. 5989 the People appeal from an order of the San Joaquin County Superior Court dismissing as to the defendants Britz and Harder counts IV and V of the grand jury indictment. In case No. 5990 the People appeal from an order of said court dismissing as to defendant Louis Harder count I of the grand jury indictment. Question Presented ...
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Opinion Intervener and real party in interest Shaw (hereinafter “Shaw”) was injured on July 13, 1967, when he fell through the ceiling of a building owned by Petitioner Roski and his partners, while Shaw was working thereon as an employee of Virco Manufacturing Company. Virco was insured for workmen’s compensation coverage by Travelers Insurance Company (hereinafter “Travelers”), the othe...
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THOMPSON, J. This is an appeal from a conviction after jury trial of first degree murder, attempted robbery, burglary, and conspiracy to commit burglary and robbery. We modify the judgment and affirm it as modified. Viewed as it must be in the light most favorable to the judgment, the record discloses the following. On March 23, 1969, between 4 and 5 p.m., appellant discussed the possibility ...
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Opinion Statement of the Case Plaintiff appeals from a judgment rendered on the pleadings in favor of defendant insurance company. The issue in dispute is whether or not an insurance company, as insurer under a group life insurance policy, is discharged from all claims where it pays the proceeds of such policy to the person who had been last designated as the beneficiary by the now deceased empl...
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Opinion Defendants appeal from a money judgment for floral decorations furnished them by plaintiff. The issue on appeal is whether the court erred in admitting in evidence, over objection, Exhibits 1, 2 and 8. Exhibit 1 is a compilation or summary, allegedly based upon plaintiff’s business records, showing the quantity, kind, cost to plaintiff and *714 charge agains...
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5 Cal. 3d 1 (1971) 485 P.2d 529 95 Cal. Rptr. 329 SAIL'ER INN, INC., et al., Petitioners, v. EDWARD J. KIRBY, as Director, etc., et al., Respondents. Docket No. L.A. 29811. Supreme Court of California. In Bank. May 27, 1971. *5 COUNSEL Manuel H. Miller and Julius A. Dix for Petitioners. Richard Gladstein, Gladstein, Leonard, Patsey & Andersen, and Herma Hill Kay as Amici Curiae on behalf of P...
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5 Cal.3d 56 (1971) 485 P.2d 543 95 Cal. Rptr. 343 Estate of ELSINORE MACHRIS GILLILAND, Deceased. WILLIAM L. MURPHEY, as Trustee, etc., et al., Petitioners and Respondents, v. SALVATION ARMY et al., Objectors and Appellants. Docket No. L.A. 29864. Supreme Court of California. In Bank. June 9, 1971. *57 COUNSEL Meserve, Mumper & Hughes, Cromwell Warner, Jr., and John Deacon for Objectors and A...
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Opinion This is an appeal from a judgment settling and approving the first account current and report of the trustees of a testamentary trust, and allowing fees to the trustees in the sum of $125,000 and to the attorneys for the trustees in the sum of $25,000. The only portion of the judg*58ment attacked on appeal is the above award of trustees’ fees. Although making no claim that the sum of $125...
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17 Cal.App.3d 1070 (1971) 95 Cal. Rptr. 347 Estate of TIRZAH B. DENTON, Deceased. SOUTHERN CALIFORNIA FIRST NATIONAL BANK, as Executor, etc., Petitioner and Appellant, v. ROBERT DENTON, Objector and Respondent. Docket No. 10643. Court of Appeals of California, Fourth District, Division One. June 1, 1971. *1072 COUNSEL Stanford & McDonough and Joseph P. McDonough for Petitioner and Appellant. ...
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Opinion Southern California First National Bank (the Bank), executor of the estate of Tirzah B. Denton, appeals from an order of the probate court denying its petition for instructions for authority to file a lawsuit to recover estate assets. On October 21, 1968, Tirzah B. Denton executed her last will, which left the residue of her estate in trust, with income for life to her son Robert Denton, ...
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Opinion This appeal is taken from the judgment of the superior court denying appellant’s petition for a writ of mandate. By his petition appellant sought and obtained a judicial review of the administrative proceedings which lead to the decision of respondent Board of Dental Examiners revoking his license to practice dentistry in California. The court below made findings of fact to t...
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17 Cal.App.3d 1029 (1971) 95 Cal. Rptr. 354 In re W.R.W., a Person Coming Under the Juvenile Court Law. KENNETH F. KIRKPATRICK, as Chief Probation Officer, etc., Plaintiff and Respondent, v. W.R.W., Defendant and Appellant. Docket No. 19090. Court of Appeals of California, Second District, Division Five. May 28, 1971. *1031 COUNSEL Richard S. Buckley, Public Defender, Kathryn J. McDonald and Laur...
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Opinion In a petition filed February 11, 1970, appellant W. R. W. (the minor) was alleged to be a minor who came within section 602 of the Welfare and Institutions Code1 in that he committed assault with force likely to produce great bodily injury upon another youth in violation of Penal Code section 245. At a hearing before a referee on March 5, 1970, the petition was amended to allege simple bat...
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Opinion Defendant Chapman (also known as Moore) was charged with nine felony counts. Defendant Beaumaster was charged with the same first seven felony counts as Chapman, and was also charged with two prior felony convictions. The counts are as follows, with each count except V, VII and IX also alleging that defendants committed the respective offense while armed with a .38 caliber revolver (a v...
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Opinion Defendant, Robert McFarland, appeals from a judgment entered on a jury verdict finding him guilty of murder (Pen. Code, § 187) and from the prior proceedings transferring him from the juvenile court, pursuant to Welfare and Institution Code section 707. 1 As to the juvenile court proceedings, appellant contends that: 1) the juvenile court’s initial jurisdictional findin...
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*966 Opinion Plaintiff Vira Dee Mae Carmichael and her husband Richard Carmichael 1 brought this action for damages against defendants James Reitz, M.D., J. G. Dahlquist, M.D., the Harriman-Jones Medical Clinic, and G. D. Searle & Company, a corporation (hereinafter “Searle”), for pulmonary embolisms 2 and thrombophlebitis 3 allegedly caused by Dr...
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*1022 Opinion By grand jury indictment defendant-appellant H. Edward Scofield, along with Dr. Everett W. DeLong (Dr. DeLong) and Freda Mae Nelson (Nelson), was charged with presenting a fraudulent insurance claim to the Aetna Casualty and Surety Company (Aetna) on or about June 1, 1962, in violation of Insurance Code section 556, subdivision (a). 1 After a jury waiver (a subject of contenti...
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Opinion Although separately filed, briefed and argued, we have elected to deal with the above two matters in this single opinion because they both raise problems concerning the jurisdiction and powers of a superior court' in cases involving felony offenses connected with misdemeanor offenses. *894 In Crim. No. 18243, defendant Clark was charged with a violation of section 11482 of the Welfa...
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Opinion Statement of the Case Plaintiff appeals from two minute orders made in consolidated superior court actions bearing numbers 832122 and 866166 respectively: (1) the order of August 13, 1968, granting the motion of defendant Klassman to set aside the default judgment entered on February 15, 1968, and (2) the order of September 18, 1968, denying plaintiff’s motion to reconsid...
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Opinion The People appeal from an order of the superior court granting a peremptory writ of prohibition and from the judgment entered thereon. The judgment restrains the Municipal Court of the Inglewood Judicial District from taking any further proceedings against petitioner Patrick Allen Callahan and dismisses charged violations of Vehicle Code sections 14601, subdivision (a) (driving with a revo...
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*1080 Opinion Defendant appeals from, an adverse judgment in an action for declaratory relief. 27ze Facts On February 14, 1969, plaintiff and three other people were seriously injured in an automobile accident in Charlotte, North Carolina. Plaintiff and the other injured persons were occupants of a vehicle owned and operated by plaintiff’s brother, a resident of North Carolina. This vehic...
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*1059 Opinion Rita M. P., born March 13, 1956, was declared a dependent child of the juvenile court sitting in Orange County on November 7, 1966, and continued in that status as the result of annual reviews and orders made in November of each year until 1969. An annual review hearing was had on November 21, 1969, when the minutes show the minor was continued as a dependent child, although n...
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5 Cal.3d 62 (1971) 485 P.2d 785 95 Cal. Rptr. 433 Estate of JOHN HORMAN, Deceased. ULIANA ANDREEVNA GUMEN et al., Claimants and Respondents, v. THE STATE OF CALIFORNIA, Objector and Appellant. Docket No. L.A. 29832. Supreme Court of California. In Bank. June 10, 1971. *67 COUNSEL Thomas C. Lynch and Evelle J. Younger, Attorneys General, Elizabeth Miller and Ariel C. Hilton, Deputy Attorneys Gener...
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Opinion In this proceeding to determine heirship, the State of California appeals from a decree ordering that certain nonresident aliens are entitled to distribution of specified proportionate shares of decedent’s estáte. After decision by the Court of Appeal, Fourth Appellate District, Division Two, reversing the judgment of the trial court, we granted a hearing in this court for the purpose of ...
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5 Cal. 3d 83 (1971) 485 P.2d 799 95 Cal. Rptr. 447 CLAUDE REDNER, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, CALIFORNIA WHOLESALE ELECTRIC COMPANY et al., Respondents. Docket No. L.A. 29846. Supreme Court of California. In Bank. June 10, 1971. *85 COUNSEL S.S. Schwartz and Alan G. Barry for Petitioner. Rupert A. Pedrin and Lionel K. Hvolboll for Respondents. OPINION TOBRINER, J. Althoug...
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Opinion Plaintiffs Edward and Betty Wynne appeal a judgment on the pleadings in favor of defendant Orcutt Union School District dismissing their complaint because of its failure to state a cause of action. (Maxon v. Security Ins. Co., 214 Cal.App.2d 603, 610 [29 Cal.Rptr. 586].) The complaint pleaded the following facts: Edward and Betty Wynne have a son, Martin, bom 13 June 1958. Martin ...
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*887 Opinion Petitioner was charged in respondent court with a violation of subdivision (b) of section 647 of the Penal Code (soliciting an act of prostitution). She pled not guilty and waived jury trial. At the trial, on the representation of the prosecuting attorney that it went to probable cause for her arrest, the court admitted testimony of conversations, outside the presence of defendan...
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Opinion Defendant was charged with possession of marijuana (§ 11530, Health & Saf. Code). He moved to suppress the evidence under section 1538.5, Penal Code; the following is a summary of the evidence received on a de novo hearing on the motion. On the afternoon of August 7, 1969, in the course of a stolen automobile investigation, Officer Vauches accompanied by Officers Haptonstal ...
Views: 12
Opinion Defendant appeals from a judgment, after jury verdict, convicting him of second degree robbery. Questions Presented 1. The lineup was not unnecessarily suggestive. 2. No immaterial or irrelevant evidence was introduced. 3. The court’s ruling as to examination of defendant if he took the stand was proper. Record Defendant was charged with violation of Penal Code section 211 (...
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*1115 Opinion Appellant was convicted of possession of restricted and dangerous drugs in violation of Health and Safety Code section 11910 after the cause had been submitted to the trial court upon the transcript of the preliminary hearing. He appeals from the order granting him probation for three years upon the condition that he serve a jail term of six months. The order is deemed to be an ...
Views: 1
18 Cal.App.3d 9 (1971) 95 Cal. Rptr. 486 THE PEOPLE, Plaintiff and Respondent, v. ESTHER ODESAY SOTELO et al., Defendants and Appellants. Docket No. 19006. Court of Appeals of California, Second District, Division One. June 9, 1971. *13 COUNSEL Byron & Warner and Harvey E. Byron for Defendants and Appellants. Evelle J. Younger, Attorney General, William E. James, Assistant Attorney General, a...
Views: 2
Opinion the same information but in separate counts defendants were charged with possession of heroin for sale (§ 11500.5, Health & Saf. Code); there was a preliminary hearing for each defendant. Motions to suppress the evidence pursuant to section 1538.5, Penal Code, were denied. Thereafter the cases were consolidated, each defendant submitting *14the cause on the two transcripts of the testimon...
Views: 0
Opinion After a jury found defendants guilty of conspiracy to falsely imprison one Adolph T. Brugger (count I) and of the substantive charge of false imprisonment by violence and menace (count II—Pen. Code, §§ 236, 237). Defendants were placed on probation, subject to certain conditions hereafter discussed. They appeal. Facts The facts are these: The People presented their case through two ...
Views: 6
*1042 Opinion These are cross-appeals by Paul and Betty English, on the one hand, and Ralph Williams Ford, a corporation, on the other, from a judgment awarding the Englishes $704 in general and punitive damages against Ralph Williams Ford and denying them any recovery against Gateway National Bank and Key Auto Recovery, Inc. The bank was, however, awarded judgment against the En...
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Opinion This appeal from an order of the Municipal Court of the Los Angeles Judicial District of Los Angeles County has been transferred to this court pursuant to rule 63, California Rules of Court, because it appears necessary to settle a new and important question of law. Appellant was charged with driving a motor vehicle under the influence of intoxicating liquor and drugs, in violation of...
Views: 12
5 Cal. 3d 112 (1971) 485 P.2d 1129 95 Cal. Rptr. 513 NORMA K. CRANE, Plaintiff and Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant and Respondent. Docket No. S.F. 22804. Supreme Court of California. In Bank. June 17, 1971. *114 COUNSEL Bennet Olan, David Manning Chodos and Harvey A. Schneider for Plaintiff and Appellant. Berry, Davis & McInerney, Samuel H. Berry and Richard J. K...
Views: 25
5 Cal. 3d 98 (1971) 485 P.2d 1132 95 Cal. Rptr. 516 MABLE WEATHERS et al., Plaintiffs and Respondents, v. KAISER FOUNDATION HOSPITALS et al., Defendants and Appellants. Docket No. L.A. 29868. Supreme Court of California. In Bank. June 17, 1971. *102 COUNSEL Thelen, Marrin, Johnson & Bridges, James M. Radnich and Andrew J. Nocas for Defendants and Appellants. Hirsch & Susman, Alvin Hirsch ...
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5 Cal. 3d 119 (1971) 485 P.2d 1140 95 Cal. Rptr. 524 DOLORES MANTES ESTEYBAR, Petitioner, v. THE MUNICIPAL COURT FOR THE LONG BEACH JUDICIAL DISTRICT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. L.A. 29822. Supreme Court of California. In Bank. June 22, 1971. *122 COUNSEL Wise, Kilpatrick & Clayton and George E. Wise for Petitioner. John D. Maharg, County ...
Views: 37
5 Cal. 3d 211 (1971) 485 P.2d 1146 95 Cal. Rptr. 530 THE PEOPLE, Plaintiff and Respondent, v. ALBERT LEROY WILLIAMS, Defendant and Appellant. Docket No. Crim. 15504. Supreme Court of California. In Bank. June 24, 1971. *213 COUNSEL Albert Flaxman for Defendant and Appellant. Thomas C. Lynch and Evelle J. Younger, Attorneys General, William E. James, Assistant Attorney General, Frederick R. Millar...
Views: 13
Opinion Petitioner seeks an order permitting him to' file a late notice of appeal pursuant to rule 31(a) of the California Rules of Court. We have concluded that he is not entitled to the requested relief. Petitioner was convicted after a jury trial in Sacramento Superior Court of attempted burglary. (Pen. Code, §§ 459, 664.) He was sentenced to state prison on January 2, 1969. On May 21, 1969, al...
Views: 0
Opinion Petitioner seeks a writ of prohibition to bar criminal proceedings against him in the Superior Court of Los Angeles County. By information, petitioner was charged with possession of marijuana for sale in violation of Health and Safety Code section 11530.5. Petitioner moved to dismiss the information under Penal Code section 995. The court-denied the motion. From the evidence receive...
Views: 9
Opinion This is a motion by the State of California to dismiss an appeal by Guy F. Atkinson Company from a judgment of the superior court following an order of that court on August 19, 1970, sustaining the state’s demurrer to Atkinson’s cross-complaint against the state. The ground of the motion is that the judgment appealed from is nonappealable. The original action was one for wron...
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Opinion Petitioners here are a doctor of medicine and a hospital who are defendants in a malpractice action brought against them in the superior court. They ask us to set aside a discovery order upon the ground that it violates the physician-patient privilege. We have concluded that the order is improper, that the issue is of some importance not so much to the parties as to third persons whose ...
Views: 8
Opinion Billy Ray Lobaugh was convicted by jury verdicts of seven felony charges which may be described as follows: Count 1: Felony drunk driving, causing bodily injuries to one Russell Hanson (Veh. Code, § 23101); Count 2: Felony drunk driving, causing bodily injuries to one Ellen Mae Waldecker (Veh. Code, § 23101); *78Count 3: Felony drunk driving, causing bodily injuries to one Charles Leonard ...
Views: 0
Opinion This case is another chapter in the long history of litigation between plaintiff and its members. 1 In the instant case we are, by virtue of a record containing an engrossed statement of facts and a stipulation limiting the issues on appeal, faced only with the problem of construing and applying a by-law of the club. Defendant Smith had refused to pay the dues and ...
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Opinion Petitioner seeks review and annulment of a Workmen’s Compensation Appeals Board (Board) decision holding that the penalty provided by section 5814 of the Labor Code may not be applied to an award of further medical care and treatment. The decision is challenged on two grounds: (1) the Board lacked jurisdiction to render the decision, and (2) the decision was erroneous on its merits. This i...
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Opinion In 1967, appellant was convicted of murder in the first degree, numerous counts of forcible rape, kidnaping, attempted kidnaping and forcible sex perversion; as to the murder count, the jury fixed the punishment at death, but because of violations of the mandate of Wither-spoon v. Illinois, 391 U.S. 510 [20 L.Ed.2d 776, 88 S.Ct. 1770], the California Supreme Court reversed the judgment in ...
Views: 15
Opinion The Unemployment Insurance Appeals Board sustained the decision of a referee who held that petitioner Mary E. Lacy was disqualified for unemployment insurance benefits because she had been discharged from her last employment for misconduct. Section 1256, Unemployment Insurance Code, disqualifies an individual who has been discharged for misconduct connected with his most recent work. 1...
Views: 14
18 Cal.App.3d 146 (1971) 95 Cal. Rptr. 572 Estate of M. JOHN SCHUMACHER, Deceased. EVELYN L. SCHUMACHER, Petitioner and Appellant, v. CITY NATIONAL BANK, as Executor, etc., Objector and Respondent. Docket No. 10657. Court of Appeals of California, Fourth District, Division One. June 16, 1971. *148 COUNSEL Aaron N. Cohen, Julien R. Bauer, Richard N. Rapoport and Marvin A. Burnett for Petitioner an...
Views: 0
Opinion Evelyn L. Schumacher, as guardian of Laura Mary Schumacher and Suzanne L. Schumacher, minors, appeals from an order setting aside an order for payment of family support for said minors under Probate Code section 681. M. John Schumacher (Schumacher), a practicing psychiatrist, and father of said minors, died April 24, 1969. Evelyn L. Schumacher (Evelyn) is the former wife of Schumacher and ...
Views: 0
Opinion Garvin Dale White was convicted by a jury on nine counts contained in an indictment charging violation of various sections of the Health and Safety Code involving dangerous drugs. (Health & Saf. Code, §§ 11912, 11911, 11530.5, 11500 and 11910, and conspiracy to violate Health & Saf. Code, § 11912 in violation of Pen. Code, § 182.) He seeks reversal of the subsequent judgment enter...
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*209Opinion Jonathan D. Cleveland appeals from a superior court judgment denying his petition for writ of mandate by which he sought to compel the preparation of a free reporter’s transcript for use in appealing his convictions of misdemeanor offenses. On July 23, 1969, appellant was convicted of four misdemeanor offenses arising from disturbances occurring at San Francisco State College in Januar...
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STONE, P. J. Appellant was convicted on his plea of guilty to violation of section 11910 of the Health and Safety Code (possession of a restricted dangerous drug, barbiturate). On this, appeal, he seeks review of an order denying his motion to suppress evidence. (Pen. Code, § 1538.5, subd. (m).) *40The motion to suppress was submitted on the transcript of a preliminary hearing. The facts brought o...
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Opinion A jury found appellant guilty of having received stolen property in violation of section 496 of the Penal Code. Execution of judgment was suspended and appellant was admitted to probation. He appeals from the order of probation. On the afternoon of December 8, 1969, appellant was arrested at his apartment for disturbing the peace. At the time of his arrest, appellant had been on parol...
Views: 8
Opinion Petitioner is charged in respondent court by an information containing five counts: count I, possession of marijuana for sale, in *313 violation of section 11530.5 of the Health and Safety Code; count II, transportation and offer to sell marijuana, in violation of section 11531 of that code; count HI, possession for sale of a restricted drug, in violation of section 11911 of said code...
Views: 1
Opinion This is an appeal from a judgment convicting Robert Earl Stout of the misdemeanor of possessing and exhibiting obscene matter in violation of section 311.2, subdivision (a), of the Penal Code. Appellant stipulated in the trial court that the film exhibited by him is “obscene according to the latest expression of the California Supreme Court and the United States Supreme Court.” The st...
Views: 10
Opinion Petitioner Kaikas seeks a writ of mandate to compel the respondent court to dismiss an information charging him with forgery (Pen. Code, § 470), or, in the alternative, a writ of prohibition to prevent respondent court from proceeding with the prosecution. Petitioner moved to dismiss the information on the ground that he had been denied his right to a speedy trial. After an evidentiary ...
Views: 8
Opinion On May 8, 1970, while driving on Interstate Highway 5 in Tehama County, petitioner displayed, in open view on the rear of his automobile, a sign or poster two feet long and eight inches high, white in color with blue lettering reading “Fuck War.” He was cited by a state traffic officer for violation of Penal Code section 311.2, subdivision (a) (exhibiting “obscene matter” to others). Conv...
Views: 0
Opinion A jury found Dave Oliver Rogers guilty of transportation of marijuana (Health & Saf. Code, § 11531) but acquitted him on a charge of possession of marijuana (Health & Saf. Code, § 11530). He admitted a prior burglary conviction. The court suspended imposition of sentence and placed him on probation. He appeals from the judgment of conviction. Defendant’s principal contentions are (1) that...
Views: 1
5 Cal.3d 246 (1971) 486 P.2d 145 95 Cal. Rptr. 617 UNIVERSAL UNDERWRITERS INSURANCE COMPANY, Plaintiff and Appellant, v. MAX GEWIRTZ, as Administrator, etc., et al., Defendants and Respondents. Docket No. L.A. 29853. Supreme Court of California. In Bank. June 29, 1971. *247 COUNSEL Ruston & Nance and Donald A. Ruston for Plaintiff and Appellant. Charles A. Laufer for Defendants and Respondent...
Views: 15
*157 Opinion In this case we are called upon to decide whether civil liability may be imposed upon a vendor of alcoholic beverages for providing alcoholic drinks to a customer who, as a result of intoxication, injures a third person. The traditional common law rule would deny recovery on the ground that the furnishing of alcoholic beverages is not the proximate cause of the injur...
Views: 60
Opinion Plaintiff General Motors Corporation (General Motors) appeals from two summary judgments in favor of defendant City of Los Angeles (the City) ordering dismissal of its complaints in two actions for refund of business privilege taxes levied against General Motors by the City for the years 1962-1967. The appeals are consolidated. I. Facts The material facts, as set forth i...
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*257Opinion Grant Burr Cooper, admitted to practice in 1927, pleaded guilty and was convicted on two counts of a federal grand jury indictment charging him with contempt of court (18 U.S.C. § 401). One count (count 3) charged him with “wilfully and knowingly” violating rule 6 of the Federal Rules of Criminal Procedure by obtaining and using recorded grand jury testimony that had not yet been relea...
Views: 13
Opinion Plaintiff is an incorporated association of contractors engaged in the construction of residential buildings. In this declaratory relief action, it seeks to establish the invalidity of a license tax ordinance (No. 91) of defendant, a general law city. This ordinance, concededly solely a revenue measure, imposes a tax upon the business of constructing dwellings. The measure of the ...
Views: 5
Opinion Plaintiff sought to enjoin defendant, the governing board of the Paradise Unified School District, from implementing its decision to discontinue .elementary education at the Canyon View School in Magalia, California. After several hearings, the trial court granted a preliminary *198 injunction restraining defendant from taking such action. Defendant’s appeal is from the order granting...
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Opinion This is an appeal from the division of community property effected by the trial court in its August 7, 1970, interlocutory judgment dissolving the marriage of petitioner (respondent on appeal) Lilly G. Paddock, and respondent (appellant on appeal) Eliot E. Paddock. The court found certain real property to be a community property homestead worth $25,828.08 and assigned that property absolu...
Views: 9
Opinion Herman M. Barber appeals from an order denying his petition for a writ of mandate directing respondent, Retirement Board of the City and County of San Francisco (hereafter Board) to vacate its directive compelling him to retire pursuant to section 171.1.3 of the city charter because of a permanent disability incurred in the performance of duty. Barber contends: 1) the Board constr...
Views: 1
Opinion Robert Gus Padilla appeals from two separate convictions. The trial court sitting without a jury found him guilty at one trial of possession for sale of a restricted dangerous drug (amphetamine) in violation of Health and Sáféty Code section 11911. At a separate nonjury trial he was convicted of possession of marijuana in violation of Health and Safety Code section 11530. For each offense ...
Views: 5
Opinion This wrongful death action was tried against defendant state only. Nonsuit was granted at the close of plaintiffs’ case and plaintiffs’ appeal from the ensuing judgment. The state owns and operates Brighton Beach Park in Santa Cruz County. The park includes some 64 acres. Administrative offices, staff residence, a parking area and other incidental facilities are located on a plateau well a...
Views: 0
Opinion This is an appeal by defendant Sheet Metal Workers’ Welfare Plan of Northern California from a judgment awarding plaintiff Richard Migliore the sum of $1,932. The facts are without dispute. Plaintiff, a sheet metal worker, was a union member to whom defendant had issued a policy of medical and hospital insurance. Plaintiff was injured on September 16, 1965, sustaining severe ...
Views: 2
Opinion Defendants appeal from a judgment entered after trial without jury in an action by plaintiff on a public works bond and on a stop notice claim. The proceedings arise from relations of various parties engaged in the construction of an elementary school known as Valhalla Elementary School in the City of Pleasant Hill. The school was to be, and now is, a part of the Mount Diablo...
Views: 1
*269 Opinion This is the second appeal by defendant insurer, after this court, in Wetherbee v. United Insurance Co. of America, 265 Cal.App.2d 921 [71 Cal.Rptr. 764], affirmed the judgment in favor of plaintiff and directed a retrial as to the amount of punitive damages, which the jury had found to be $500,000. The insurer now contends that: 1) the trial cou...
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Opinion —From an adverse judgment on his cross-complaint against Title Insurance and Trust Company (hereinafter Title Company), defendant Stearns (hereinafter appellant) appeals. By California Land Title Association Standard Coverage policy number 255385 issued October 11, 1965, Title Company insured appellant’s fee ownership of certain described property in the County of Riverside h...
Views: 0
18 Cal.App.3d 292 (1971) 95 Cal. Rptr. 688 THE PEOPLE, Plaintiff and Respondent, v. ROBERT GROCE, Defendant and Appellant. Docket No. 9152. Court of Appeals of California, First District, Division Three. June 22, 1971. *294 COUNSEL Christopher M. Reuss, under appointment by the Court of Appeal, for Defendant and Appellant. Evelle J. Younger, Attorney General, Robert R. Granucci, D. Stuart Candlan...
Views: 9
18 Cal.App.3d 450 (1971) 95 Cal. Rptr. 700 THE PEOPLE, Plaintiff and Appellant, v. JAMES A. BAIRD et al., Defendants and Respondents. Docket No. 8631. Court of Appeals of California, First District, Division Four. June 25, 1971. *451 COUNSEL Thomas C. Lynch, Attorney General, Derald E. Granberg and Eric Collins, Deputy Attorneys General, for Plaintiff and Appellant. Mintz, Giller, Himmelman &...
Views: 3
Opinion November 22, 1967, the respondent Governing Board of the Nicasio School District of Marin County, filed a complaint against appellant Garnet E. Brennan seeking her dismissal as a teacher employed by the school district. On June 17, 1968, appellant filed a petition for a writ of mandate, seeking an order compelling the school district to reemploy her for the 1968-1969 school year. The ap...
Views: 10
Opinion This is an appeal from an order granting a petition for writ of mandate in which the trial court ordered the Franchise Tax Board to return to petitioners certain monies which had come into their possession by reason of the arrest of petitioners on a narcotics offense. The facts of the case are as follows: A neighbor called the police and advised that three “hippie type” persons had entere...
Views: 0
Opinion Defendant was convicted in a jury trial in the Superior Court of Santa Barbara County1 of three misdemeanors, to wit, violation of section 405 of the Penal Code (participating in a riot); violation of section 409 of the Penal Code (failure to disperse from place of a riot, rout, or unlawful assembly); and violation of section 416 of the Penal Code (persons unlawfully assembled failing to d...
Views: 1
Opinion The principal questions involved on this appeal are (1) the right of a conditional vendor of air conditioning units, installed in a commercial building at the request of the tenant without the consent of the owners, to a mechanic’s lien against the realty for labor and materials, and (2), if the vendor is entitled to such lien, the effect thereon of his removal of the equipment, w...
Views: 3
Opinion On June 14, 1968, a plane crash resulted in the death of one Milton Kenneth Glass, the father of minors Craig Glass, Shelly Glass, Keith Glass, Drew Glass and Alan Glass and the husband of Sally Elizabeth Glass, plaintiffs and appellants herein. Defendant administratrix’s decedent, Alan B. Benkert, pilot of the plane, was killed in the same accident. His wife, Glenda Benkert, beca...
Views: 10
Opinion Appellant, Sierra National Bank, commenced this action against respondents, Harold Brown and his wife Florence C. Brown, for money due on a promissory note. The Browns cross-complained, alleging fraud and claiming damages for mental distress. The trial resulted in a jury verdict in favor of the Browns on the cross-complaint and impliedly against appellant on its complaint. The appeal is...
Views: 9
*484 Opinion On January 21, 1971, an information was filed in respondent court, charging petitioners with burglary, in violation of section 459 of the Penal Code. They were arraigned on January 25, 1971, and pled not guilty. Trial was set for March 16, 1971. On that date, the information was amended by adding allegations charging petitioner Huerta with five prior felony convictions and petiti...
Views: 3
*469 Opinion Raymond H. Vanyek appeals from an order of the trial court made October 24, 1969, dismissing his action for damages against respondent and defendant Edward C. Heard under the mandatory dismissal provisions of Code of Civil Procedure section 583. The plaintiff also purports to appeal from a minute order of the trial court made July 25, 1967, setting aside the default and default...
Views: 0
Opinion Petitioner [applicant] seeks relief to set aside a Workmen’s Compensation Appeals Board decision after reconsideration wherein the board annulled an award of the referee increasing the applicant’s permanent disability from 65 percent to 100 percent. In August 1961 the applicant, Arthur L. Dill, born June 19, 1907, suffered an injury to his head and neck, resulting in a serious neurosis, wh...
Views: 0
Opinion Defendant was charged, in two counts, with assault on a peace officer, in violation of section 242 of the Penal Code, and with possession of a deadly weapon by an ex-convict, in violation of section 12021 of the Penal Code. He duly moved, pursuant to section 1538.5 of the Penal Code, to suppress as evidence against him an automatic weapon seized at the time of his arrest. After a hearin...
Views: 13
I concur in Justice Burke’s opinion. The dissenting opinions, however, impel me to add this postscript. Justice Tobriner implies that parole officers are malevolent functionaries dedicated to the deprivation of normal human existence by the parolees in their charge. Justice Peters asserts those of us in the majority adhere to a fiction “so divorced from reality that it cannot be tolerated by any f...
Views: 0
5 Cal.3d 321 (1971) 486 P.2d 684 95 Cal. Rptr. 788 EVA M. KERR, Plaintiff and Appellant, v. GUSTAVUS BOCK, Defendant and Respondent. Docket No. L.A. 29831. Supreme Court of California. In Bank. July 8, 1971. *322 COUNSEL O'Rourke & Greenberg, David Greenberg, William Jerome Pollack, Joel F. Citron and David H. Olson for Plaintiff and Appellant. Bonne & Jones and H. Gilbert Jones for Defen...
Views: 5
Opinion In this proceeding petitioner Houston I. Flournoy, the Controller of the State of California, seeks a writ of mandate to compel respondent Ivy Baker Priest, the Treasurer of the State of California, to register a demand and adopt a resolution providing for the issuance of State of California notes as authorized by sections 17300-17302 of the Government Code. These sections are part of c...
Views: 13
5 Cal.3d 287 (1971) 486 P.2d 694 95 Cal. Rptr. 798 JOHN LINLEY FRAZIER, Petitioner, v. THE SUPERIOR COURT OF SANTA CRUZ COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. S.F. 22812. Supreme Court of California. In Bank. July 7, 1971. *289 COUNSEL Britton & Jackson and James A. Jackson for Petitioner. No appearance for Respondent. Evelle J. Younger, Attorney General, Albert W....
Views: 40
Opinion Franchise Tax Board of the State of California (herein, the Board) appeals from a portion of a judgment in the amount of $231,257.32 plus interest, which was awarded to plaintiff in this lawsuit to recover taxes paid under protest. The taxes are upon the franchise to do business in California during the years 1954, 1955 and 1956; but in order to make the reading easier, operations...
Views: 0
Opinion Virginia Alice Munsey (defendant)! appeals from an order granting probation upon her plea of guilty to the possession of restricted dangerous drugs, in violation of Health and Safety Code section 11910, after her motion under Penal Code section 1538.5 had been denied. A second charge of violating Vehicle Code section 23106 was dismissed when she pleaded guilty to the first count. At...
Views: 4
18 Cal.App.3d 565 (1971) 95 Cal. Rptr. 816 Estate of THOMAS E. SHARP, Deceased. TITLE INSURANCE AND TRUST COMPANY, as Executor, etc., Petitioner and Respondent, v. SAN DIEGO HOSPITAL ASSOCIATION et al., Objectors and Appellants. Docket No. 10178. Court of Appeals of California, Fourth District, Division One. June 30, 1971. *568 COUNSEL Procopio, Cory, Hargreaves & Savitch, Gerald M. Dawson, F...
Views: 2
Opinion Thomas E. Sharp (testator), a man of wealth, died November 29, 1959, in his sixty-ninth year, in San Diego, his place of residence. His typewritten will of 42 pages, dated October 12, 1955, with a typewritten codicil of 11 pages, dated April 24, 1958, was admitted to probate on December 18, 1959. Title Insurance and Trust Company (Title) was named and qualified as executor. Administration...
Views: 0
Opinion Elizabeth Fortenberry brought an action to recover damages, including exemplary damages, against Francis I. duPont & Co., and its employees, Gene D. Weber and Edward A. White, for mismanagement of a securities account. On February 29, 1968, the jury returned a verdict in favor of defendants. Notice of entry of judgment was filed March 4, 1968. On March 15, 1968, plaintiff fil...
Views: 3
*407 Opinion Appellants are the owners of residences in the City of Concord served by the water system of respondent Contra Costa County Water District. Each of the appellants maintains on his property a well from which water is drawn for such purposes as gardening and car-washing. Although appellants had not connected their well water systems to the pipes of the district’s publi...
Views: 8
Opinion In a jury trial defendant was convicted of assault in violation of sections 240/241 of the Penal Code (attempt to commit violent injury upon a peace officer, Anthony R. Panzica, while engaged in his duties). He was sentenced to imprisonment in the county jail for 120 days. He appeals from the judgment. It appears that on February 20,1970, uniformed and armed Los Angeles City Police Of...
Views: 12
Opinion Appellants are the State Board of Optometry, generally referred to herein as the “Board,” its individual members and its executive secretary. Respondent is an optometrist duly licensed to practice his profession in the State of California. On and prior to October 1, 1959, respondent was licensed to operate some 36 branch offices. Statement of the Case The judgment fr...
Views: 21
Opinion Plaintiffs, Edward L. Laureano and Lydia Laureano, appeal from a summary judgment in favor of defendant, George J. Christensen. 1 Defendant was found not to be the owner of a certain motor vehicle under the owner’s liability statute, Vehicle Code section 17150 (hereafter all statutory references herein will be to that code). The owner’s liability statute on which plaintiffs rely, Ve...
Views: 2
Opinion On March 6,1968, plaintiff filed a complaint to recover taxes against the defendant county. The complaint alleged the following: Since July 1, 1963, plaintiff was the owner of a leasehold interest in certain specified land in the City of Palm Springs held in trust by the United States for the benefit of the Agua Caliente Band of Mission Indians. In consequence of applicable federa...
Views: 4
Opinion On an information charging him with three counts of murder (Pen. Code, § 187), defendant was acquitted on one count, found guilty of second degree murder on two counts, and sentenced to state prison on each of the two counts, sentences to run concurrently. 1 *543 On the night of July 22, 1969, defendant and his wife attended a party at Daniel Machain’s residence in Fontana. Mike a...
Views: 16
Opinion Plaintiff Robert McGarvey appeals from a defense judgment after the trial court granted a summary judgment as to plaintiff’s first cause of action and plaintiff elected to stand on his second cause of action after a general demurrer thereto had been sustained. The basis of both causes of action was personal injuries suffered by McGarvey, a motorcyclist, when defendant Howell (an e...
Views: 6
Opinion Plaintiff Mary Margaret Rainer and her parents 1 brought this action for medical malpractice claiming damages as the result of a colect *246 omy 2 and an ileostomy performed on plaintiff on June 20, 1960, and seven subsequent operations from February 28, 1962, to, and including, September 4, 1962. The case was tried to a jury on plaintiff’s ...
Views: 4
Opinion In two closely parallel cases, the Stuyvesant Insurance Company appeals from orders denying its motions to exonerate bail bonds undertaken by it and to vacate the forfeiture thereof. James Watson and Irvin Dashielis were charged, by separate informations, with possession of marijuana (Health & Saf. Code, § 11530) and possession of narcotics paraphernalia (Health & Saf. Code, § 11555). Eac...
Views: 0
Opinion After a jury trial, defendant appeals from a judgment of conviction of Penal Code, section 273a and section 273d (child beating). The defendant’s first contention is that the court committed prejudicial error in allowing the testimony of a doctor concerning the “battered child *506 syndrome.” An obvious answer to this contention is that no objection was made to this testimony. Howev...
Views: 22
Opinion Petitioners seek a writ of mandate to compel respondent court to vacate its order dismissing petition for adoption and that peti *512 tioners return the adoptive child to the Stanislaus County Welfare Department, Adoption Agency, and to direct respondent court to assume jurisdiction of the petition for adoption. On July 31, 1969, the Stanislaus County Welfare Department, Adoption Ag...
Views: 1
Opinion The order forfeiting bail was made by a commissioner purporting to act as a temporary judge, Since there was no stipulation authorizing him to so act (People v. Tijerina (1969) 1 Cal.3d 41 [81 Cal.Rptr. 264, 459 P.2d 680]), this appeal presents the question of *Supp. 3whether a commissioner in his capacity as such may forfeit the bail of a nonappearing defendant in a criminal case. Neither...
Views: 8

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