HOME

TheInfoList



OR:

Mathew Oscar Tobriner (April 2, 1904 – April 7, 1982) was an American lawyer and law professor who served as an associate justice of the
California Supreme Court The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sac ...
from 1962 to 1982.


Early life and education

A native of San Francisco, Tobriner was educated at Lowell High School and was a member of its famed Lowell Forensic Society, the nation's oldest high school debate team. He attended
Stanford University Leland Stanford Junior University, commonly referred to as Stanford University, is a Private university, private research university in Stanford, California, United States. It was founded in 1885 by railroad magnate Leland Stanford (the eighth ...
, and in 1924 received his A.B. degree with ''
Phi Beta Kappa The Phi Beta Kappa Society () is the oldest academic honor society in the United States. It was founded in 1776 at the College of William & Mary in Virginia. Phi Beta Kappa aims to promote and advocate excellence in the liberal arts and sciences, ...
'' honors, and the next year his M.A. In 1927, he graduated from
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
''
magna cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sout ...
'' and Order of the Coif with a LL.B. In April 1928, he was admitted before the California Bar. He continued his graduate studies at the
University of California, Berkeley The University of California, Berkeley (UC Berkeley, Berkeley, Cal, or California), is a Public university, public Land-grant university, land-grant research university in Berkeley, California, United States. Founded in 1868 and named after t ...
, where he was awarded a
Doctor of Juridical Science A Doctor of Juridical Science (SJD; ), or a Doctor of the Science of Law (JSD; ), is a research doctorate degree in law that is equivalent to a Ph.D. degree. In most countries, it is the most advanced law degree that can be earned. Australia ...
in 1932.


Legal and judicial career

After law school, Tobriner entered private practice and specialized in labor law. In 1928, he founded the firm of Tobriner, Lazarus, Brundage & Neyhart, in San Francisco and
Los Angeles Los Angeles, often referred to by its initials L.A., is the List of municipalities in California, most populous city in the U.S. state of California, and the commercial, Financial District, Los Angeles, financial, and Culture of Los Angeles, ...
where he represented the
American Federation of Labor The American Federation of Labor (A.F. of L.) was a national federation of labor unions in the United States that continues today as the AFL-CIO. It was founded in Columbus, Ohio, in 1886 by an alliance of craft unions eager to provide mutual ...
and various unions for over 25 years, except for stints working at public agencies. Tobriner was active in Democratic Party politics. From 1932 to 1936, during the
New Deal The New Deal was a series of wide-reaching economic, social, and political reforms enacted by President Franklin D. Roosevelt in the United States between 1933 and 1938, in response to the Great Depression in the United States, Great Depressi ...
administration of President
Franklin D. Roosevelt Franklin Delano Roosevelt (January 30, 1882April 12, 1945), also known as FDR, was the 32nd president of the United States, serving from 1933 until his death in 1945. He is the longest-serving U.S. president, and the only one to have served ...
, Tobriner served as chief attorney in the solicitor's office of the
United States Department of Agriculture The United States Department of Agriculture (USDA) is an executive department of the United States federal government that aims to meet the needs of commercial farming and livestock food production, promotes agricultural trade and producti ...
. In 1948, he was state vice-chair of President
Harry Truman Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. As the 34th vice president in 1945, he assumed the presidency upon the death of Franklin D. Roosevelt that year. Subsequen ...
's re-election campaign. In May 1950, he was northern California chair of the campaign of Congresswoman
Helen Gahagan Douglas Helen Gahagan Douglas (born Helen Mary Gahagan; November 25, 1900 – June 28, 1980) was an American actress and politician. Gahagan Douglas's acting career included success on Broadway theatre, Broadway, as a touring opera singer, and in Hollyw ...
for the
United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
. From 1958 to 1959, Tobriner taught as an associate professor at the
University of California, Hastings College of the Law The University of California College of the Law, San Francisco (abbreviated as UC Law SF or UC Law) is a public law school in San Francisco, California, United States. It was known as the University of California, Hastings College of the Law (a ...
. In 1959, Governor
Pat Brown Edmund Gerald "Pat" Brown (April 21, 1905 – February 16, 1996) was an American lawyer and politician who served as the 32nd governor of California from 1959 to 1967. His first elected office was as district attorney for San Francisco, and he ...
appointed Tobriner as an associate justice of the California Court of Appeal for the First District. In June 1962, Governor Brown elevated Tobriner to Associate Justice of the state Supreme Court to fill the unexpired term of Maurice T. Dooling Jr., who had resigned. In November 1974, Tobriner stood for re-election and was retained. In the 1960s, Tobriner was part of the liberal majority on the court that included Chief Justice
Roger Traynor Roger John Traynor (February 12, 1900 – May 14, 1983) was the 23rd Chief Justice of California (1964–1970) and an associate justice of the Supreme Court of California from 1940 to 1964. Previously, he had served as a Deputy Attorney General ...
, Raymond L. Sullivan, Raymond E. Peters, and
Stanley Mosk Morey Stanley Mosk (September 4, 1912 – June 19, 2001) was an American jurist, politician, and attorney. He served as Associate Justice of the California Supreme Court for 37 years (1964–2001), the longest tenure in that court's history. ...
. In 1976, as one of the three members on the California Commission on Judicial Appointments, Tobriner cast the deciding vote in approving the nomination of
Rose Bird Rose Elizabeth Bird (November 2, 1936 – December 4, 1999) was the 25th Chief Justice of the California Supreme Court. She was the first female law clerk of the Nevada Supreme Court, the first female deputy public defender in Santa Clara Cou ...
as the first female Chief Justice of the California Supreme Court.


Notable opinions

Tobriner's tenure on the state's high court is notable for several decisions he authored in the areas of constitutional law and civil rights, property, contracts and torts. In 1963, Tobriner's opinion in Tunkl v. Regents of the University of California established a six-factor test to determine whether a contract relates to the "
public interest In social science and economics, public interest is "the welfare or well-being of the general public" and society. While it has earlier philosophical roots and is considered to be at the core of democratic theories of government, often paired ...
," such that a contract or provision therein may be found invalid as contrary to public policy. His 1965 opinion in ''People v. Dorado'', ruling that a person accused of a crime must be advised by the police of a right to remain silent and to obtain counsel, presaged the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
's '' Miranda v. Arizona'' (1966). In 1966, Tobriner explained in ''Morrison v. State Board of Education'' that gay teachers are entitled to employment in public schools absent a "showing that an individual's homosexuality renders him unfit for the job from which he has been excluded." In April 1975, Tobriner addressed a case arising out of a labor action. Under California law it was illegal for public employees to strike.
City and County of San Francisco v. Cooper
', 534 P.2d 403, 13 Cal. 3d 898, 120 Cal. Rptr. 707 (1975).
Despite the statute, San Francisco city employees picketed city hall and shut down municipal services. After a week, Mayor Joseph Alioto and the
San Francisco Board of Supervisors The San Francisco Board of Supervisors is the board of supervisors, legislative body within the government of San Francisco, government of the San Francisco, City and County of San Francisco in the U.S. state of California. Government and polit ...
agreed to the strikers' demands. The city controller, however, refused to payout what he believed were illegal salaries. The California Supreme Court ordered the city controller to pay the salaries, with Tobriner's majority opinion finding that contracts secured through illegal strikes are still legally enforceable. In 1974, Tobriner wrote the decision of ''Green v. Superior Court'', 517 P.2d 1168, that established the doctrine of
implied warranty of habitability In common law jurisdictions, an implied warranty is a contract law term for certain assurances that are presumed to be made in the sale of products or real property, due to the circumstances of the sale. These assurances are characterized as war ...
in residential
lease A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial ...
s in California, which requires landlords to maintain leased dwellings in a habitable condition. In 1976, Tobriner wrote the decision of '' Tarasoff v. Regents of the University of California'', 17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14 (Cal. 1976), the ruling that held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient. He famously wrote, "...the confidential character of patient-
psychotherapist Psychotherapy (also psychological therapy, talk therapy, or talking therapy) is the use of Psychology, psychological methods, particularly when based on regular Conversation, personal interaction, to help a person change behavior, increase hap ...
communications must yield to the extent that disclosure is essential to avert danger to others. The protective privilege ends where the public peril begins ..." Also in 1976, Tobriner also authored the majority opinion in the landmark case of '' Marvin v. Marvin'', 557 P.2d 106 (Cal. 1976), which held that implied contracts may be found in non-marital relationships. In other words, if a couple lives together for a substantial period of time, one of the parties may be required to make payments to the other upon the dissolution of the relationship—commonly called "palimony." In 1978, as Acting Chief Justice, Tobriner wrote the decision in the products liability case Barker v. Lull Engineering Co., 20 Cal.3d 413 (Cal. 1978), establishing a plaintiff-friendly standard by which a product might be shown to be defective either because it failed to meet ordinary consumer expectations or because the benefits of the product do not outweigh the risks inherent in its design. Finally, Tobriner wrote the majority opinion in ''People v. Woody,'' 394 P.2d 813 (Cal. 1964), overturning a conviction for
peyote The peyote (; ''Lophophora williamsii'' ) is a small, spineless cactus which contains psychoactive alkaloids, particularly mescaline. is a Spanish word derived from the Nahuatl (), meaning "caterpillar cocoon", from a root , "to glisten". p. ...
use by a Native American Church member on
First Amendment First most commonly refers to: * First, the ordinal form of the number 1 First or 1st may also refer to: Acronyms * Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array * Far Infrared a ...
grounds. Weighing the asserted compelling state interest in controlling drug abuse with the Free Exercise Clause, he found that the balance favored constitutional protection of the peyote use and practice, stating:
"On the other hand, the right to free religious expression embodies a precious heritage of our history. In a mass society, which presses at every point toward conformity, the protection of a self-expression, however unique, of the individual and the group becomes ever more important. The varying current of the subcultures that flow into the mainstream of our national life give it depth and beauty. We preserve a greater value than an ancient tradition when we protect the rights of the Indians who honestly practiced an old religion in using peyote one night at a meeting in a desert hogan near Needles, California."


Judicial clerks

Tobriner had several notable law clerks. These include Jerry Brown, the son of Governor Pat Brown, who had appointed Tobriner to the Court and who was still governor when the younger Brown clerked for Tobriner. Jerry Brown would later serve as
Governor of California The governor of California is the head of government of the U.S. state of California. The Governor (United States), governor is the commander-in-chief of the California National Guard and the California State Guard. Established in the Constit ...
from 1975 to 1983, and again in 2011, and as Attorney General of California from 2007 to 2011. Another of Tobriner's law clerks, Laurence Tribe, became a professor of law at
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
and a preeminent expert on United States
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in ...
. Finally, from 1964 to 1965 Richard M. Mosk clerked for Tobriner, and went on to become a justice of the California Court of Appeal.


Retirement

In January 1982, Tobriner retired from the high court and his seat was filled by Governor
Jerry Brown Edmund Gerald Brown Jr. (born April 7, 1938) is an American lawyer, author, and politician who served as the 34th and 39th governor of California from 1975 to 1983 and 2011 to 2019. A member of the Democratic Party (United States), Democratic P ...
's appointment of Cruz Reynoso. Tobriner died on April 7, 1982, in San Francisco.


Honors and awards

Tobriner was awarded an honorary Doctor of Laws from both the
Santa Clara University Santa Clara University is a private university, private Jesuit university in Santa Clara, California, United States. Established in 1851, Santa Clara University is the oldest operating institution of higher learning in California. The university' ...
and the
University of San Diego The University of San Diego (USD) is a Private university, private Catholic Church, Catholic research university in San Diego, California, United States. Chartered in 1949 as the independent San Diego College for Women and San Diego University ...
. The Hastings College of Law holds an annual lecture in Tobriner's honor. The Legal Aid Society of San Francisco, which Tobriner once led, awards an annual "Mathew O. Tobriner Public Service Award."


Personal life

On May 19, 1939, Tobriner married Rosabelle Rose. They had two sons: Michael Charles Tobriner, who became an attorney in San Francisco, and Stephen Oscar Tobriner, who became a professor of architecture at the University of California. Tobriner was
Jewish Jews (, , ), or the Jewish people, are an ethnoreligious group and nation, originating from the Israelites of History of ancient Israel and Judah, ancient Israel and Judah. They also traditionally adhere to Judaism. Jewish ethnicity, rel ...
. Michael's son, Ben Wildman-Tobriner, is the 2007 World Aquatics Champion in 50-meter freestyle swimming and won a gold medal at the
2008 Summer Olympics The 2008 Summer Olympics (), officially the Games of the XXIX Olympiad () and officially branded as Beijing 2008 (), were an international multisport event held from 8 to 24 August 2008, in Beijing, China. A total of 10,942 athletes fro ...
.


See also

* List of Jewish American jurists *
List of justices of the Supreme Court of California The Supreme Court of California is the highest judicial body in the state and sits at the apex of the judiciary of California. Its membership consists of the Chief Justice of California and six associate justices who are nominated by the Govern ...


References


Selected publications

* *


Further reading

* * *


External links


Mathew O. Tobriner
California State Historical Society.
Opinions authored by Mathew Tobriner
Courtlistener.com.

California State Courts. Retrieved July 19, 2017.

California Court of Appeal, First District. {{DEFAULTSORT:Tobriner, Mathew O. 1904 births 1982 deaths Stanford University alumni Harvard Law School alumni UC Berkeley School of Law alumni University of California College of the Law, San Francisco faculty Judges of the California Courts of Appeal Justices of the Supreme Court of California 20th-century American judges Lawyers from San Francisco American scholars of constitutional law American Jews American lawyers Scholars of tort law California Democrats American Federation of Labor people United States Department of Agriculture people