Category: 1970

People v. Robles , 2 Cal.3d 205 [Crim. No. 12854. In Bank. Mar. 20, 1970.] THE PEOPLE, Plaintiff and Respondent, v. LEO ESTRADA ROBLES, Defendant and Appellant. (Opinion by Peters, J., with Tobriner, Acting C. J., and Mosk, and Sullivan, JJ., concurring. Separate concurring and dissenting opinion by Burke, J., with McComb, J., concurring.) [2 […]

Herzog v. National American Ins. Co. , 2 Cal.3d 192 [L.A. No. 29682. In Bank. Mar. 16, 1970.] MAXINE L. HERZOG et al., Plaintiffs and Appellants, v. NATIONAL AMERICAN INSURANCE COMPANY et al., Defendants and Respondents. (Opinion by Sullivan, J., expressing the unanimous view of the court.) COUNSEL Banyard & Portigal, Robert A. Banyard and […]

Huggins v. Yoshiwara , 2 Cal.3d 200 [L.A. No. 29690. In Bank. Mar. 16, 1970.] ETHEL M. HUGGINS, as Administratrix, etc., Plaintiff, Cross-defendant and Appellant, v. BEN YOSHIWARA, Defendant, Cross-complainant and Respondent; TRAVELERS INDEMNITY COMPANY, Cross-complainant and Respondent. (Opinion by Sullivan, J., expressing the unanimous view of the court.) COUNSEL Heily & Blase and Leonard […]

People v. Sears , 2 Cal.3d 180 [Crim. No. 10699. In Bank. Mar. 13, 1970.] THE PEOPLE, Plaintiff and Respondent, v. EARL CLARENCE SEARS, Defendant and Appellant. (Opinion by Peters, J., with Traynor, C. J., and Tobriner, J., concurring. Separate concurring opinion by Sullivan, J., with Burke, J., and Sims, J., concurring. McComb, J., dissented.) […]

Pacific Tel. & Tel. Co. v. Superior Court , 2 Cal.3d 161 [L.A. No. 29650. In Bank. Mar. 13, 1970.] PACIFIC TELEPHONE AND TELEGRAPH COMPANY et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; JAMES DUKE, Real Party in Interest. (Opinion by Tobriner, Acting C.J., expressing the unanimous view of the court.) […]

Walker v. Lytton Sav. & Loan Assn. , 2 Cal.3d 152 [S. F. No. 22711. In Bank. Mar. 6, 1970.] JOHN C. WALKER et al., Plaintiffs and Respondents, v. LYTTON SAVINGS AND LOAN ASSOCIATION OF NORTHERN CALIFORNIA et al., Defendants and Appellants. (Opinion by Burke, J., expressing the unanimous view of the court.) COUNSEL Tobin […]

People v. Banks , 2 Cal.3d 127 [Crim. No. 13443. In Bank. Mar. 2, 1970.] THE PEOPLE, Plaintiff and Respondent, v. MICHAEL WAYNE BANKS et al., Defendants and Appellants. (Opinion by Sullivan, J., with Tobriner, Acting C. J., and Peters, J., concurring, and Mosk and Burke, JJ., concurring in the judgment. Separate dissenting opinion by […]

In re Lopez , 2 Cal.3d 141 [Crim. No. 13485. In Bank. Mar. 2, 1970.] In re PETER JOSEPH LOPEZ on Habeas Corpus. (Opinion by Mosk, J., with Tobriner, Acting C. J., Peters, Burke and Sullivan, JJ., concurring. McComb, J., dissented.) [2 Cal.3d 142] COUNSEL Edward J. Horowitz, under appointment by the Supreme Court, for […]

People v. Marsden , 2 Cal.3d 118 [Crim. No. 14119. In Bank. Feb. 26, 1970.] THE PEOPLE, Plaintiff and Respondent, v. MICHAEL JOHN MARSDEN, Defendant and Appellant. (Opinion by Mosk, J., with Tobriner, Acting C. J., Peters, Burke, Sullivan, JJ., and Molinari, J., concurring. Separate dissenting opinion by McComb, J.) COUNSEL Stephen H. Silver, under […]

People v. MacPherson , 2 Cal.3d 109 [Crim. No. 13132. In Bank. Feb. 26, 1970.] THE PEOPLE, Plaintiff and Respondent, v. ROBERT GARY MACPHERSON, Defendant and Appellant. (Opinion by the court. McComb, J., dissented.) COUNSEL Chris G. Gasparich, under appointment by the Supreme Court, for Defendant and Appellant. Thomas C. Lynch, Attorney General, Albert W. […]

Boreta Enterprises, Inc. v. Department of Alcoholic Beverage Control , 2 Cal.3d 85 [S.F. Nos. 22660, 22661. In Bank. Feb. 26, 1970.] BORETA ENTERPRISES, INC., Plaintiff and Respondent, v. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, Defendant and Appellant. (Two Cases.) (Opinion by Sullivan, J., with Traynor, C. J., Peters, Tobriner and Mosk, JJ., concurring. Separate dissenting […]

  Subsequent Injuries Fund v. Workmen’s Comp. App. Bd. , 2 Cal.3d 56 [L.A. No. 29639. In Bank. Feb. 26, 1970.] SUBSEQUENT INJURIES FUND, Petitioner, v. WORKMEN’S COMPENSATION APPEALS BOARD and HELEN L. TALCOTT, Respondents. (Opinion by Mosk, J., with Tobriner, Acting C. J., McComb, Peters and Burke, JJ., concurring. Separate dissenting opinion by Sullivan, […]

Subsequent Injuries Fund v. Workmen’s Comp. App. Bd. , 2 Cal.3d 74 [L. A. No. 29640. In Bank. Feb. 26, 1970.] SUBSEQUENT INJURIES FUND, Petitioner, v. WORKMEN’S COMPENSATION APPEALS BOARD and NICK BACA, Respondents. (Opinion by Mosk, J., with Tobriner, Acting C. J., and McComb, Peters and Burke, JJ., concurring. Separate concurring and dissenting opinion […]

Subsequent Injuries Fund v. Workmen’s Comp. App. Bd. , 2 Cal.3d 78 [L.A. No. 29641. In Bank. Feb. 26, 1970.] SUBSEQUENT INJURIES FUND, Petitioner, v. WORKMEN’S COMPENSATION APPEALS BOARD and WAYNE E. PULLUM, Respondents. (Opinion by Mosk, J., with Tobriner, Acting C. J., McComb, Peters and Burke, JJ., concurring. Separate dissenting opinion by Sullivan, J.) […]

Subsequent Injuries Fund v. Workmen’s Comp. App. Bd. , 2 Cal.3d 81 [L.A. No. 29642. In Bank. Feb. 26, 1970.] SUBSEQUENT INJURIES FUND, Petitioner, v. WORKMEN’S COMPENSATION APPEALS BOARD and ARCHIE WOODBURN, Respondents. (Opinion by Mosk, J., with Tobriner, Acting C. J., McComb, Peters, and Burke, JJ., concurring. Separate dissenting opinion by Sullivan, J.) COUNSEL […]

Fain v. Superior Court , 2 Cal.3d 46 [S. F. No. 22702. In Bank. Feb. 24, 1970.] WILLIAM ARCHIE FAIN, Petitioner v. THE SUPERIOR COURT OF STANISLAUS COUNTY, Respondent; THE PEOPLE, Real Party in Interest. (Opinion by Mosk, J., expressing the unanimous view of the court.) [2 Cal.3d 47] COUNSEL Walter C. Hancock, Public Defender, […]

Gion v. City of Santa Cruz , 2 Cal.3d 29 [S. F. No. 22560. In Bank. Feb. 19, 1970.] THOMAS GION et al., Plaintiffs and Appellants, v. CITY OF SANTA CRUZ, Defendant and Respondent. [S. F. No. 22703. In Bank. Feb. 19, 1970.]. LESTER J. DIETZ et al., Plaintiffs and Appellants, v. ROBERT B. KING […]

Helfend v. Southern Cal. Rapid Transit Dist. , 2 Cal.3d 1 [L.A. No. 29688. In Bank. Feb. 18, 1970.] JULIUS J. HELFEND, Plaintiff and Respondent, v. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT et al., Defendants and Appellants. (Opinion by Tobriner, Acting C. J., expressing the unanimous view of the court.) [2 Cal.3d 2] COUNSEL Victor Rosenblatt […]

Acosta v. Southern Cal. Rapid Transit Dist. , 2 Cal.3d 19 [L.A. No. 29692. In Bank. Feb. 18, 1970.] LUCILE ACOSTA, Plaintiff and Respondent, v. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT, Defendant and Appellant. (Opinion by Tobriner, Acting C. J., expressing the unanimous view of the court.) COUNSEL Victor Rosenblatt and Harry M. Hunt for Defendant […]

People ex rel. Lynch v. Superior Court , 1 Cal.3d 910 [L. A. No. 29661. In Bank. Jan. 30, 1970.] THE PEOPLE ex rel. THOMAS C. LYNCH, as Attorney General, etc., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY et al., Respondents. (Opinion by Burke, J., expressing the unanimous view of the court.) COUNSEL […]

McCallop v. Carberry , 1 Cal.3d 903 [S. F. No. 22705. In Bank. Jan. 30, 1970.] ROBERT McCALLOP, Plaintiff and Respondent, v. MATTHEW C. CARBERRY, as Sheriff, etc., Defendant and Appellant. (Opinion by Burke, J., expressing the unanimous view of the court.) COUNSEL James C. Purcell for Defendant and Appellant. Michael S. Zola, Steven J. […]

Barrows v. Municipal Court , 1 Cal.3d 821 [L. A. No. 29672. In Bank. Jan. 30, 1970.] ROBERT C. BARROWS et al., Plaintiffs and Appellants, v. THE MUNICIPAL COURT OF THE LOS ANGELES JUDICIAL DISTRICT OF LOS ANGELES COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent. (Opinion by Mosk, J., with […]

In re Mosley , 1 Cal.3d 913 [Crim. No. 12568. In Bank. Jan. 30, 1970.] In re JOHNIE LEE MOSLEY on Habeas Corpus. (Opinion by Sullivan, J., with Traynor, C. J., [1 Cal.3d 914] Tobriner, Mosk and Burke, JJ., concurring. Separate concurring opinion by McComb, J., and separate dissenting opinion by Peters, J.) Tobriner, Mosk […]

Price v. Superior Court , 1 Cal.3d 836 [L. A. No. 29680. In Bank. Jan. 30, 1970.] TRUNNEL PRICE, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest. (Opinion by Peters, J., with Traynor, C. J., Tobriner and Sullivan, JJ., concurring. Separate concurring and dissenting opinion by Mosk, […]

Eleazer v. Superior Court , 1 Cal.3d 847 [L. A. No. 29681. In Bank. Jan. 30, 1970.] JOSEPH REGINALD ELEAZER, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNYT, Respondent; THE PEOPLE, Real Party in Interest. (Opinion by Tobriner, J., expressing the unanimous view of the court.) COUNSEL Kim H. Pearman for Petitioner. No appearance […]