Baker v. Municipal Court

California Supreme Court

Baker v. Municipal Court

488 P.2d 656, 5 Cal. 3d 669, 97 Cal. Rptr. 328, 1971 Cal. LEXIS 277

CourtCalifornia Supreme Court

DecidedSeptember 3, 1971

DocketL.A. No. 29860

StatusPublished

Cited by1 cases

This text of 488 P.2d 656 (Baker v. Municipal Court) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Baker v. Municipal Court, 488 P.2d 656, 5 Cal. 3d 669, 97 Cal. Rptr. 328, 1971 Cal. LEXIS 277 (Cal. 1971).

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Opinions

[670]*670Opinion

WRIGHT, C. J.

Petitioners, the operators of several Los Angeles County bookstores, are charged with violating Los Angeles County Ordinance 5860, section 321, which prohibits the operation of a bookstore without securing a license from the Los Angeles County Welfare Commission. Petitioners seek writs of prohibition to restrain the respondent courts from taking further proceedings in criminal actions charging them with violations of the ordinance. Since the ordinance is unconstitutional on its face (Perrine v. Municipal Court, ante, p. 656 [97 Cal.Rptr. 320, 488 P.2d 648]) the respondent courts lack jurisdiction of the criminal proceedings against petitioners.

Let peremptory writs of prohibition issue as prayed for.

Peters, J., Tobriner, J., Mosk, J., and Sullivan, J., concurred.

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[670]*670Opinion

WRIGHT, C. J.

Petitioners, the operators of several Los Angeles County bookstores, are charged with violating Los Angeles County Ordinance 5860, section 321, which prohibits the operation of a bookstore without securing a license from the Los Angeles County Welfare Commission. Petitioners seek writs of prohibition to restrain the respondent courts from taking further proceedings in criminal actions charging them with violations of the ordinance. Since the ordinance is unconstitutional on its face (Perrine v. Municipal Court, ante, p. 656 [97 Cal.Rptr. 320, 488 P.2d 648]) the respondent courts lack jurisdiction of the criminal proceedings against petitioners.

Let peremptory writs of prohibition issue as prayed for.

Peters, J., Tobriner, J., Mosk, J., and Sullivan, J., concurred.

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Bluebook (online)

488 P.2d 656, 5 Cal. 3d 669, 97 Cal. Rptr. 328, 1971 Cal. LEXIS 277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-municipal-court-cal-1971.

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