Beltram

Beltram v. Appellate Department of Superior Court of Los Angeles County

Good Law
136 Cal. Rptr. 211·1977 Cal. App. LEXIS 1167·66 Cal. App. 3d 711
Court of Appeal of CaliforniaFebruary 1, 1977Civ. 49509California2,528 words

Opinion

Opinion

Fleming, J.

This proceeding in certiorari presents three questions, The first is whether a notice of appeal filed in the name of the City of Los Angeles includes a named defendant employee of the city. We .conclude it does. The second involves the interpretation of Penal Code section 825 dealing with the right of a prisoner to see an attorney, and the penalty for refusing to allow an attorney to visit the prisoner when proper application has been made therefor. The third is whether the attorneys themselves have a cause of action under Penal Code section 825.

Petitioner Nan Beltram was arrested with two others (Piyor and Hertz, who are not involved in this proceeding) on 1 March 1972, for interfering with a meeting of the Board of Trustees of the Los Angeles Community College District. On 2 August 1972, Beltram, Piyor, and Hertz filed an action in the Municipal Court,. Los Angeles Judicial District, which, among other things, alleged that plaintiffs had been deprived of their rights as guaranteed by Penal Code section 825. The city attorney demanded an undertaking for costs pursuant to Government Code section 947, subdivision (a). Beltram filed the undertaking 2 Februaiy 1973. The…

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