Beckley

Beckley v. Glenn R.

Good Law
1970 Cal. App. LEXIS 2189·7 Cal. App. 3d 558·86 Cal. Rptr. 668
Court of Appeal of CaliforniaMay 13, 1970Civ. No. 27160California1,017 words

Opinion

Lead Opinion

Shoemaker, J.

A petition alleging Glenn Ratcliff to be a person described in Welfare and Institutions Code, section 602, in that he was a minor and had possessed marijuana, was filed with the juvenile court. A referee held a hearing and found the allegations of the petition to be true, and made Ratcliff a ward of the court. A rehearing was granted on the ground that the proceedings before the referee were not taken down by an official reporter. (Welf. & Inst. Code, § 558.) A hearing was held before the court and the findings and order of the referee were upheld. Ratcliff appeals.

*560 The facts are without dispute. At approximately 9:20 p.m. Deputy Masschar of the San Mateo County Sheriff’s Department had occasion to stop at a gas station in East Palo Alto for the purpose of using the men’s restroom. Masschar was on patrol duty at the time and was in uniform. He went to the restroom and attempted to open the door. He was able to open the door only a couple of inches before he encountered resistance caused by someone pushing against the door from within. Masschar was startled and pushed against the door with greater force. He heard a voice from within the restroom ask “What do you…

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