Legal Opinion
Hamilton Jewelers v. Department of Corporations
California Court of Appeal
Decided February 15, 1974No. Civ. 14067PublishedCited by 15 opinions
1Opinion of the Court
Opinion
JANES, J.
Defendants, the state Department of Corporations and its commissioner (hereinafter, collectively, “the Department”), appeal from a declaratory judgment that a diamond sales promotional plan which was advertised and successfully used by plaintiff Hamilton Jewelers (herein after, “Hamilton”) did not constitute the offer or sale of a “security” as defined in section 25019 of the Corporations Code.
Facts
The relevant facts are undisputed.
Hamilton operates a retail jewelry business in Sacramento County. In September 1971, by newspaper advertisement, Hamilton offered for sale to the…
2Cases cited16 opinions
- Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
- Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
- Silver Hills Country Club v. SobieskiCalifornia Supreme Court · 1961
- Los Angeles Metropolitan Transit Authority v. Brotherhood of Railroad TrainmenCalifornia Supreme Court · 1960
- State Ex Rel. Commissioner of Securities v. Hawaii Market Center, Inc.Hawaii Supreme Court · 1971
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- People v. FigueroaCalifornia Supreme Court · 1986
- In Re National Mortgage Equity Corp. Mortgage Pool Certificates Securities LitigationDistrict Court, C.D. California · 1986
- Mullis v. Merrill Lynch, Pierce, Fenner and SmithDistrict Court, D. Nevada · 1980
- People v. SchockCalifornia Court of Appeal · 1984
- Leyva v. Superior CourtCalifornia Court of Appeal · 1985
10 more not listed; retrieve them via the Exa API.