Banales

*69 Opinion

his is an appeal from a judgment of the Ventura County Superior

The superior court’ decision to issue the writ was based solely on pleadings and documetary exhibits; no testimony was offered. Since the factual matters in his cause were submitted on three declarations under penalty of perju?, our summary of the facts is likewise based thereon, together with tk reasonable inferences drawn therefrom in the light most favorable to ispondent.

On February 17, 1977¿respondents, Juan' M. Banales and 33 others, were farm workers, emplyees of Sun Harvest, Inc. and Growers Exchange, Inc., involved in ílabor dispute with Growers Exchange, Inc., an agricultural employer. )n that date, they were picketing outside a celery field in Oxnard. Eigt workers were picking celery on the employer’s premises. Banales md the others (hereinafter referred to as…

I would reverse the order of the superior court for the reasons given in the amicus curiae brief of the Agricultural Labor Relations Board.

It is first necessary to collate the material facts upon which the superior court based its decision.

The manager of a farm presented to the District Attorney of Ventura County declarations stating under penalty of perjury the following: On February 17, 1979, Banales and 33 other persons interfered with the business of Bob Gill Farms, running into a field towards 8 workers who were picking celery, causing the workers to run away from their work stations. The 34 intruders were waving red rags attached to heavy sticks which were 12 to 48 inches in length and as much as IV2 inches in diameter. As the intruders advanced they shouted threats and degrading comments at the work crew. Sheriff’s deputies came and took the intruders into custody.

The district attorney filed in the municipal court separate misdemeanor complaints charging each of the 34 with violation of Penal Code section 602, subdivision (j), which makes it an offense to trespass “for the purpose of injuring any property or property rights or with the intention of interfering with,…

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, William R. Pounders, Sharlene A. Hannaka and Michael Nash, Deputy Attorneys General, for Real Party in Interest and Appellant.

Ruth Rokeach, Manuel M. Medeiros and Daniel G. Stone as Amici Curiae on behalf of Real Party in Interest and Appellant.

Marco E. Lopez, Carlos M. Alcala, Francis E. Fernandez, Carmen S. Flores, Dianna Lyons, Federico G. Chavez and Ellen J. Eggers for Plaintiffs and Respondents.

No appearance for Defendant and Respondent.

OPINION

WOODS, P.J.

This is an appeal from a judgment of the Ventura County Superior Court granting a writ of prohibition. The writ restrains all proceedings by the municipal court in the case of People of the State of California v. Juan M. Banales et al., on the grounds that the Agricultural Labor Relations Act preempts the jurisdiction of the municipal court to hear criminal prosecution of respondents herein.

The superior court's decision to issue the writ was based solely on pleadings and documentary exhibits; no testimony was offered. Since the factual matters in this cause were submitted on…