Pitchess

Pitchess v. Superior Court

Good Law
1969 Cal. App. LEXIS 1451·2 Cal. App. 3d 644·83 Cal. Rptr. 35
Court of Appeal of CaliforniaDecember 16, 1969Civ. 35274California2,845 words

Opinion

Opinion

Feinerman, J.

The real parties in interest in this matter are divided into two groups. The first group, consisting of five plaintiffs (James Dozal, Robert La Rue, Tommie Robbins, Ralph Holiday, and Ron Walton), filed a joint complaint for declaratory and injunctive relief in the Superior Court of Los Angeles County on July 24, 1969. On the same date on which the complaint was filed, the court issued an ex parte temporary restraining order restraining the Sheriff of Los Angeles County and the state from making any physical arrests of the plaintiffs or their employees for any alleged violations of law arising out of the presentation of “nude entertainment” except upon the following conditions: (1) that a valid warrant of arrest be obtained from a magistrate authorized to issue such warrants upon the issuance of a criminal complaint; and that the issuance of the criminal complaint be based upon probable cause; (2) that the magistrate be informed of the respondent court’s restraining order, and be provided with a copy of the complaint, the restraining order, and the points and authorities of plaintiffs. The restraining order further provided that the sheriff and the state were not…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.