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- Abuse of discretion (1)
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Articles 1 - 23 of 23
Full-Text Articles in Law
Wemyss V. Superior Court Of County Of Alameda, Jesse W. Carter
Wemyss V. Superior Court Of County Of Alameda, Jesse W. Carter
Jesse Carter Opinions
A motion to quash a subpoena should have been granted where the underlying action was not pending in the county where the application for the subpoena was made and the clerk of that court had no authority to issue it.
Hayward Lumber & Inv. Co. V. Biscailuz [Dissent], Jesse W. Carter
Hayward Lumber & Inv. Co. V. Biscailuz [Dissent], Jesse W. Carter
Jesse Carter Opinions
Sheriff was justified as matter of law in ordering release of funds from attachment pursuant to certificate of court clerk which appeared complete and regular on its face, and, appeared to an ordinarily intelligent and informed layman to be final.
Pacific Southwest Development Corp. V. Western P. R. Co. [Dissent], Jesse W. Carter
Pacific Southwest Development Corp. V. Western P. R. Co. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Procurement of an option agreement to purchase real property was a contract that aided in the purchase or sale of real property and came within the statute of frauds. Absent a written contract, there was no obligation to pay a commission.
Murray V. Superior Court Of San Francisco, Jesse W. Carter
Murray V. Superior Court Of San Francisco, Jesse W. Carter
Jesse Carter Opinions
The civil arrest of a debtor who planned to take a round-the-world trip and who had evaded a creditor was authorized because the evidence showed that the debtor was leaving the state to defraud the creditor.
Haggerty V. Associated Farmers Of California, Inc. [Dissent], Jesse W. Carter
Haggerty V. Associated Farmers Of California, Inc. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Judgment in favor of the representative was improper because the county ordinance prohibiting the transmission of loud noise from any public highway was not unconstitutional upon its face.
Peterson V. Robison [Dissent], Jesse W. Carter
Peterson V. Robison [Dissent], Jesse W. Carter
Jesse Carter Opinions
Judgment was reversed in wrongful imprisonment action and individual could not be liable because it was manifestly unfair to impose civil liability on private person for filing a citizen's arrest when the law declared it a misdemeanor if he refused.
Erickson V. Gospel Foundation Of California [Dissent], Jesse W. Carter
Erickson V. Gospel Foundation Of California [Dissent], Jesse W. Carter
Jesse Carter Opinions
The court would not review the decision of a non-profit organization to annul the membership of one of its members for a violation of due process where the membership did not involve a property right.
Schwartz V. Slenderella Systems Of California, Inc. [Dissent], Jesse W. Carter
Schwartz V. Slenderella Systems Of California, Inc. [Dissent], Jesse W. Carter
Jesse Carter Opinions
In an action for the alleged wrongful use of a trade name, an injunction was properly denied because the junior appropriator's use of the name was in good faith and without intent to capitalize upon the senior appropriator's use of the name.
Guardianship Of Kawakita [Dissent], Jesse W. Carter
Guardianship Of Kawakita [Dissent], Jesse W. Carter
Jesse Carter Opinions
An appeal of a trial court's refusal to annul the appointment of a guardian was improperly brought because the refusal was not an appealable order under the California Probate Code.
Wilson V. Sharp [Dissent], Jesse W. Carter
Wilson V. Sharp [Dissent], Jesse W. Carter
Jesse Carter Opinions
A taxpayer's cause of action was properly stricken for failure to state a claim when it named a county counsel and the county counsel had immunity from suit because his actions in deciding not to file an action to recover a salary were discretionary.
Fraenkel V. Bank Of America Nat'l Trust & Sav. Asso. [Dissent], Jesse W. Carter
Fraenkel V. Bank Of America Nat'l Trust & Sav. Asso. [Dissent], Jesse W. Carter
Jesse Carter Opinions
It was an abuse of discretion for the trial court to deny the contractor leave to amend his complaint because the complaint was susceptible of amendment to set forth the factors necessary to show that contractor was not required to have a license.
In Re Los Angeles County Pioneer Soc. [Dissent], Jesse W. Carter
In Re Los Angeles County Pioneer Soc. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Los Angeles County Pioneer Society and Harry Lelande, a member thereof, appeal separately from an order appointing the Historical Society of Southern California trustee of all property in the possession of Pioneer. The order was entered after the trial court determined that Pioneer held its property for charitable purposes, that Pioneer had repudiated its trust, and that appointment of Historical as trustee. was necessary to carry out the purposes of the trust. We have concluded that the order is amply supported by the evidence and must be affirmed.
Parker V. Bowron [Dissent], Jesse W. Carter
Parker V. Bowron [Dissent], Jesse W. Carter
Jesse Carter Opinions
Individual's writ of mandate was properly dismissed because it was apparent that he and the others noted in the caption and complaint had no direct interest in the action and that no benefit could have accrued to them from its performance.
May V. Board Of Directors, Jesse W. Carter
May V. Board Of Directors, Jesse W. Carter
Jesse Carter Opinions
The owner of bonds issued by an irrigation district was not entitled to relief in aid of writ of mandamus, compelling the district board of directors to comply with a previous writ ordering the board to levy an assessment on lands to pay her bonds.
Providence Baptist Church V. Superior Court Of San Francisco, Jesse W. Carter
Providence Baptist Church V. Superior Court Of San Francisco, Jesse W. Carter
Jesse Carter Opinions
Nonprofit church corporation and pastors' petition for prohibition against court was denied because the court was entitled to determine whether the church properly terminated the pastor based on a director of corporation analogy.
Aetna Bldg. Maintenance Co. V. West [Dissent], Jesse W. Carter
Aetna Bldg. Maintenance Co. V. West [Dissent], Jesse W. Carter
Jesse Carter Opinions
Where respondent alleged damages as a result of appellant's unfair competition when appellant solicited respondent's customers, acceptance by appellant of respondent's former customers did not in itself constitute solicitation.
Southwestern Inv. Corp. V. Los Angeles [Dissent], Jesse W. Carter
Southwestern Inv. Corp. V. Los Angeles [Dissent], Jesse W. Carter
Jesse Carter Opinions
A motion to recall the remittitur was not justified as an opportunity for the parties to relitigate their cause nor for the appellate court to redetermine the merits.
Gill V. Curtis Publishing Co., Jesse W. Carter
Gill V. Curtis Publishing Co., Jesse W. Carter
Jesse Carter Opinions
Defendants, publishing and circulation companies, were not entitled to judgment on pleadings because complaint stated cause of action for violation of privacy rights where published article and likeness were susceptible of plaintiffs' construction.
Estate Of Harootenian [Dissent], Jesse W. Carter
Estate Of Harootenian [Dissent], Jesse W. Carter
Jesse Carter Opinions
A judgment lien creditor, who had perfected a lien at the time the property would devolve to the heir if the will would be set aside, was an interested person entitled to intervene and contest the will.
Reitano V. Yankwich, Jesse W. Carter
Reitano V. Yankwich, Jesse W. Carter
Jesse Carter Opinions
Because a judgment debtor satisfied the judgment under the threat of execution by the judgment creditor, the payment was compulsory and did not waive the judgment debtor's right to appeal.
King V. Mortimer [Dissent], Jesse W. Carter
King V. Mortimer [Dissent], Jesse W. Carter
Jesse Carter Opinions
Certificate holders could not recover the difference between the price at which their assignors sold their certificates and the face amount thereof because they failed to show there was any matured claim or debt due at the time they sold them.
Simone V. Sabo [Dissent], Jesse W. Carter
Simone V. Sabo [Dissent], Jesse W. Carter
Jesse Carter Opinions
In a patient's malpractice action against his dentist, there was no expert witness testimony that the dentist rendered improper treatment when he removed the patient's impacted tooth and bruised or severed the mandibular nerve.
Parker V. Womack [Dissent], Jesse W. Carter
Parker V. Womack [Dissent], Jesse W. Carter
Jesse Carter Opinions
The order of a new trial in the injured party's action against the driver was improper because there was no basis for the exercise of discretion when a correct instruction for unavoidable accident was given.