Croce v. Sanchez

LILLIE, J.

Appellant appearing in propria persona has filed a document designated “appellants, reply brief.” It fails to comply with the requirements of the rule relating to form and content of briefs (rule 15(a), Appellate Rules, California Rules of Court) and is entirely unintelligible. While encumbered with a language barrier, appellant nevertheless lias made her argument on her testimony given in a previous case in which she was plaintiff (Croce v. Ryan, No. 717307) and an excoriation of the trial judges in both cases and the attorneys who represented her in each, abundantly clear. Respondent has filed no brief. Inasmuch as the record herein includes neither a transcript of the testimony taken at the trial nor the exhibits received in evidence, to aid us in a determination of this appeal we have ordered brought up from the court below and examined the superior court file in the within cause

(Croce

v.

Sanchez)

and plaintiff’s exhibits received in evidence at the trial thereof-—original superior court file in Croce v. Ryan, No. 717307 (Exh. 1) and reporter’s transcript of testimony taken in Croce v. Ryan, No. 717307 (Exh. 2).

The foregoing reflects the history of the within litigation. On February 17, 1959, Rosa P. Croce filed against the estate of Rada 0. Randall an action for damages for personal injuries entitled Croce v. Ryan, No. 717307. In her complaint she alleged in her first cause of action that she was employed to and did work as a housekeeper and practical nurse for the deceased Rada O. Randall from November 1957 to May 15, 1958; that Rada suffered from various infectious diseases (not specified in the pleadings or in plaintiff’s testimony at the trial) ; that in the course of her employment Rada caused her to handle linens, dishes, and so forth, used by Rada in her illness and that as a proximate result thereof and Rada’s negligence and carelessness in this regard she became infected

[682]

with the disease to her damage in the sum of $15,000. Plaintiff’s second cause of action was based upon fraud; she alleged that through fraudulent and false representations byRada that she had neither an infectious nor contagious disease, she was induced to and did care for Rada. At the trial of the cause plaintiff testified; no other evidence was taken on her behalf. Defendant offered no defense. On June 7, 1963, judgment was entered against plaintiff and in favor of defendant based upon findings of fact and conclusions of law in which the trial judge found no liability and no damages on both causes of action. Thereafter on June 23, 1963, Lou Sanchez, her then counsel, filed Clerk’s Notice to Prepare Transcrit and Designation of Papers and Records on Appeal.