International Brotherhood of Teamsters v. Superior Court

In his second amended complaint, real party in interest (Stanley) alleged the petitioners, labor unions, or the present or past officers or employees of the union's, were and are discriminating against him by intentionally and arbitrarily refusing to dispatch him from union hiring halls to places of employment. Petitioners’ general demurrer to the complaint on the ground of lack of jurisdiction of the subject matter was overruled. Petitioners now seek a writ of prohibition restraining the superior court from acting in excess of its jurisdiction.

For the reasons herein stated, we grant a peremptory writ of prohibition.

The issue is properly before us; a writ of prohibition may issue, to prevent the superior court from acting in excess of its jurisdiction. (Musicians Union, Local No. 6 v. Superior Court, 69 Cal.2d 695 [ 73 Cal.Rptr. 201 , 447 P.2d 313 ]; Directors Guild of America, Inc. v. Superior Court, 64 Cal.2d 42 [ 48 Cal.Rptr. 710 , 409 P.2d 934 ].)

In San Diego Building Trades Council v. Garmon, 359 U.S. 236, 244 [ 3 L.Ed.2d 775, 782 , 79 S.Ct. 773 ], the United States Supreme Court held: “When it is clear or may fairly be assumed that the activities which a State…