Category: 1971

Estate of Gilliland , 5 Cal.3d 56 [L.A. No. 29864. In Bank. June 9, 1971.] 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. (Opinion by Sullivan, J., expressing the unanimous view of the court.) COUNSEL Meserve, Mumper & […]

In re Pratt , 5 Cal.3d 46 [Crim. No. 14083. In Bank. May 28, 1971.] In re JAKE W. PRATT on Habeas Corpus. COUNSEL Jake W. Pratt, in pro. per., for Petitioner. No appearance for Respondent. OPINION OF THE COURT Memorandum THE COURT. We treat the petition in the above-entitled proceeding as an application to […]

In re Wein , 5 Cal.3d 47 [Crim. No. 14254. In Bank. May 28, 1971.] In re EDWARD SIMON WEIN on Habeas Corpus. COUNSEL Russell E. Parsons for Petitioner. No appearance for Respondent. OPINION OF THE COURT Memorandum THE COURT. We treat the petition as a motion to recall the remittitur in People v. Wein, […]

People v. Newman , 5 Cal.3d 48 [Crim. No. 15444. In Bank. May 28, 1971.] THE PEOPLE, Plaintiff and Respondent, v. HOLLIS LEE NEWMAN, Defendant and Appellant. (Opinion by Burke, J., expressing the unanimous view of the court.) COUNSEL Michael J. Mandel, under appointment by the Supreme Court, for Defendant and Appellant. Thomas C. Lynch […]

Symington v. City Of Albany , 5 Cal.3d 23 [S.F. No. 22751. In Bank. May 27, 1971.] KENNETH I. SYMINGTON, Plaintiff and Respondent, v. CITY OF ALBANY et al., Defendants and Appellants. (Opinion by Tobriner, J., expressing the unanimous view of the court.) COUNSEL Lawrence D. Saler, City Attorney, for Defendants and Appellants. Arthur Bellman […]

People v. Rizer , 5 Cal.3d 35 [Crim. No. 15047. In Bank. May 27, 1971.] THE PEOPLE, Plaintiff and Respondent, v. KLAUS RIZER, Defendant and Appellant. (Opinion by Mosk, J., with Peters, Tobriner and Sullivan, JJ., concurring. Separate dissenting opinion by Burke, J., with Wright, C. J., and McComb, J., concurring.) COUNSEL Albert D. Silverman, […]

Sail’er Inn, Inc. v. Kirby , 5 Cal.3d 1 [L.A. No. 29811. In Bank. May 27, 1971.] SAIL’ER INN, INC., et al., Petitioners, v. EDWARD J. KIRBY, as Director, etc., et al., Respondents. (Opinion by Peters, J., expressing the unanimous view of the court.) COUNSEL Manuel H. Miller and Julius A. Dix for Petitioners. Richard […]

Orange County Air Pollution Control Dist. v. Public Util. Com. , 4 Cal.3d 945 [S.F. No. 22766. In Bank. May 26, 1971.] ORANGE COUNTY AIR POLLUTION CONTROL DISTRICT, Petitioner, v. PUBLIC UTILITIES COMMISSION, Respondent; SOUTHERN CALIFORNIA EDISON COMPANY, Real Party in Interest. (Opinion by Peters, J., expressing the unanimous view of the court.) COUNSEL Adrian […]

People v. Parks , 4 Cal.3d 955 [Crim. No. 14891. In Bank. May 26, 1971.] THE PEOPLE, Plaintiff and Respondent, v. JERRY DALE PARKS, Defendant and Appellant. (Opinion by Wright, C. J., expressing the unanimous decision of the court.) COUNSEL Lloyd H. Riley, under appointment by the Supreme Court, and Howard Renge, under appointment by […]

  Keane v. Smith , 4 Cal.3d 932 [Sac. No. 7889. In Bank. May 25, 1971.] JOHN F. KEANE, Plaintiff and Respondent, v. GORDON I. SMITH, Defendant and Appellant. (Opinion by The Court.) COUNSEL White, Harber Fort & Schei and Lawrence A. Schei for Defendant and Appellant. Alan H. Thieler, McDonough, Holland, Schwartz, Allen & […]

In re Terry , 4 Cal.3d 911 [Crim. No. 13949. In Bank. May 24, 1971.] In re DOYLE ALVA TERRY on Habeas Corpus. (Opinion by Burke, J., expressing the unanimous view of the court.) COUNSEL Doyle Alva Terry, in pro. per., and Roger S. Hanson, under appointment by the Supreme Court, for Petitioner. Thomas C. […]

Landau v. Salam , 4 Cal.3d 901 [L.A. No. 29869. In Bank. May 24, 1971.] LARRY LANDAU, Plaintiff and Appellant, v. MARY SALAM et al., Defendants and Appellants. (Opinion by Tobriner, J., expressing the unanimous view of the court.) COUNSEL William Blietz, Louis H. Berger and Kenneth H. Wechsler for Plaintiff and Appellant. Robert E. […]

Charles J. Rounds Co. v. Joint Council of Teamsters No. 42 , 4 Cal.3d 888 [L.A. No. 29805. In Bank. May 24, 1971.] CHARLES J. ROUNDS CO., Plaintiff and Appellant, v. JOINT COUNCIL OF TEAMSTERS NO. 42 et al., Defendants and Respondents. (Opinion by Peters, J., expressing the unanimous view of the court.) COUNSEL Findlay […]

Ballard v. Anderson , 4 Cal.3d 873 [L.A. No. 29834. In Bank. May 19, 1971.] CHARLES BALLARD et al., Petitioners, v. GAIL V. ANDERSON, as Chairman, etc., Respondent. (Opinion by Mosk, J., with Wright, C. J., Peters and Tobriner, JJ., concurring. Separate dissenting opinion by Sullivan, J., with McComb and Burke, JJ., concurring therein.) COUNSEL […]

Dillon v. Municipal Court , 4 Cal.3d 860 [S.F. No. 22774. In Bank. May 17, 1971.] PAUL DILLON et al., Petitioners, v. THE MUNICIPAL COURT FOR THE MONTEREY-CARMEL JUDICIAL DISTRICT OF MONTEREY COUNTY, Respondent; THE PEOPLE, Real Party in Interest. (Opinion by Sullivan, J., with Wright, C. J., Peters, Tobriner, Mosk and Burke, JJ., concurring, […]

Corwin v. Los Angeles Newspaper Service Bureau, Inc. , 4 Cal.3d 842 [L.A. No. 29799. In Bank. May 17, 1971.] HAROLD CORWIN et al., Plaintiffs and Appellants, v. LOS ANGELES NEWSPAPER SERVICE BUREAU, INC., et al., Defendants and Respondents. (Opinion by Sullivan, J., expressing the unanimous view of the court.) COUNSEL Darling, Hall Rae & […]

Dana J. v. Superior Court , 4 Cal.3d 836 [L.A. No. 29830. In Bank. May 14, 1971.] DANA J., a Minor, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE et al., Real Parties in Interest. (Opinion by Burke, J., expressing the unanimous view of the court.) COUNSEL Richard S. Buckley, Public […]

People v. Tribble , 4 Cal.3d 826 [Crim. No. 15212. In Bank. May 12, 1971.] THE PEOPLE, Plaintiff and Respondent, v. WILLIE LEE TRIBBLE, Defendant and Appellant. (Opinion by Wright, C. J., expressing the unanimous view of the court.) [4 Cal.3d 827] COUNSEL Willie Lee Tribble, in pro. per., and Philip Jefferson, under appointment by […]

Himmel v. State Bar , 4 Cal.3d 786 [L.A. No. 29733. In Bank. May 10, 1971.] HARVEY B. HIMMEL, Petitioner, v. THE STATE BAR OF CALIFORNIA, Respondent. (Opinion by The Court.) COUNSEL Harvey B. Himmel, in pro. per., and Gerald G. Wolfson for Petitioner. F. LaMar Forshee, Herbert M. Rosenthal and Ronald W. Stovitz for […]

Vasquez v. Superior Court , 4 Cal.3d 800 [Sac. No. 7860. In Bank. May 10, 1971.] LEONARD VASQUEZ et al., Petitioners, v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY, Respondent; RICHARD B. KARP et al., Real Parties in Interest. (Opinion by Mosk, J., expressing the unanimous view of the court.) COUNSEL Kelley, Livingston, Zavala, Neumark, […]

T.N.G. v. Superior Court , 4 Cal.3d 767 [S. F. No. 22777. In Bank. May 6, 1971.] T.N.G., a Minor, et al., Petitioners, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; THE PEOPLE, Real Party in Interest. (Opinion by Tobriner, J., expressing the unanimous view of the court.) COUNSEL Kenneth […]

People v. Lavergne , 4 Cal.3d 735 [Crim. No. 14995. In Bank. May 5, 1971.] THE PEOPLE, Plaintiff and Respondent, v. LAWRENCE EARL LAVERGNE, Defendant and Appellant. (Opinion by Peters, J., expressing the unanimous view of the court.) COUNSEL Lawrence Earl Lavergne, in pro. per., Don Edgar Burris, under appointment by the Supreme Court, and […]

People v. Fein , 4 Cal.3d 747 [Crim. No. 15213. In Bank. May 5, 1971.] THE PEOPLE, Plaintiff and Respondent, v. ALLAN FEIN, Defendant and Appellant. (Opinion by Burke, J., with Wright, C. J., Peters, Tobriner, Mosk and Sullivan, JJ., concurring. Separate dissenting opinion by McComb, J.) COUNSEL Harvey A. Schneider, under appointment by the […]

People v. Hicks , 4 Cal.3d 757 [Crim. No. 15214. In Bank. May 5, 1971.] THE PEOPLE, Plaintiff and Respondent, v. ALFONSO HICKS, Defendant and Appellant. (Opinion by Mosk, J., expressing the unanimous opinion of the court.) COUNSEL Donald F. Roeschke, under appointment by the Supreme Court, and Kathleen J. Kirkland, under appointment by the […]

Hrnjak v. Graymar, Inc. , 4 Cal.3d 725 [L.A. No. 29796. In Bank. May 5, 1971.] BOZIDAR HRNJAK, Plaintiff and Appellant, v. GRAYMAR, INCORPORATED et al., Defendants and Respondents. (Opinion by Mosk, J., expressing the unanimous view of the court.) COUNSEL Milan Moacanin for Plaintiff and Appellant. Robert E. Cartwright, Edward I. Pollock, Theodore A. […]