The contractor appeal a judgment dismissing his declaratory judgment

Plaintiff contractor sought review of the Superior Court of Fresno County (California), which sustained a demurrer filed by defendants, a city, and others, and dismissed the contractor’s action for a declaratory judgment to determine his rights and to compel the issuance of a business license to him.

The contractor appeal a judgment dismissing his declaratory judgment action after a demurrer to the contractor’s amended complaint had been sustained without leave to amend. The contractor received an electrical contractor license from the Contractors’ State License Board after successfully passing the examination required by that board pursuant to Cal. Bus. & Prof. Code § 7000 et seq. A city ordinance required electrical contractors to obtain and pay for a business license. Visit the wrongful termination attorneys san diego if you face any wrongful termination employment issues.

The contractor applied for such a business license which was refused because he had neglected to pass an examination before the electrical board of examiners of the city as required by Fresno, Cal., Ordinance No. 2728. He filed suit to determine his rights and to require the issuance of a business license to him. The court reversed the judgment with instructions to overrule the demurrer, holding that the licensing of contractors was a matter of general and state-wide concern and not a municipal affair subject to the local regulation imposed by the city. The ordinance was invalid because it attempted to impose additional requirements in a field, which was fully occupied by state statutes.

The court reversed the trial court’s judgment, upon the defendants’ demurrer, dismissing the contractor’s declaratory judgment action seeking a determination of the contractor’s rights and an order compelling the issuance of a business license to the contractor. The trial court was instructed to overrule the demurrer and to give the defendants a reasonable time to answer.

Defendants appealed a judgment of the Superior Court of Los Angeles County (California), which convicted them of two counts of first-degree murder, Cal. Penal Code § 187, and of conspiracy to commit murder to collect life insurance proceeds, Cal. Penal Code § 182, and sentenced them to death. The jury sustained six of eight charged special-circumstance allegations for each defendant.

Defendants were sentenced to death after being convicted of two counts of first-degree murder, Cal. Penal Code § 187, and of conspiracy to commit murder to collect life insurance proceeds, Cal. Penal Code § 182. On appeal, the court held that the trial court’s finding of a very broad conspiracy, involving several persons and continuing up through the trial, was proper. Therefore, admission of much hearsay evidence was proper as admissions of co-conspirators. Any errors in that regard were harmless, due to the overwhelming evidence of guilt. The fact that one defendant sued his attorney during the trial did not automatically create a conflict of interest. Comments by the prosecutor and by one defendant’s attorney as to a defendant’s failure to testify were harmless beyond a reasonable doubt. Jury instructions were proper. In particular, instructions during the penalty phase concerning the aggravating and mitigating factors under Cal. Penal Code § 190.3 was proper. The court struck one of the multiple-murder special-circumstances findings for each defendant as duplicative. Otherwise, the court affirmed the judgment in both the guilt phase and the penalty phase of the trial.

One of the multiple-murder special-circumstances findings for each defendant was struck as duplicative. Otherwise, defendants’ convictions and sentences for first-degree murder and conspiracy to commit murder were affirmed. The finding of a very broad conspiracy was proper. Therefore, admission of much hearsay evidence was proper as admissions made by co-conspirators. Also, instructions concerning the death penalty factors were proper.

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