Pitchess

Pitchess v. Superior Court

Good Law
1969 Cal. App. LEXIS 1452·2 Cal. App. 3d 653·83 Cal. Rptr. 41
Court of Appeal of CaliforniaDecember 16, 1969Civ. 35422California1,499 words

Opinion

Opinion

Feinerman, J.

On July 3, 1969, real party in interest, Joseph Del Bono, filed a complaint seeking a temporary restraining order and a preliminary injunction enjoining the County of Los Angeles and its agents, servants and employees from arresting the plaintiff or his employees for the presentation of so-called “bottomless entertainment” at plaintiff’s place of business. The complaint alleged that the plaintiff and his employees were defendants in 80 charges pending in the Municipal Court of the El Monte Judicial District; that the plaintiff had been required to post $70,000 bail on behalf of his employees at a cost to himself of $7,000 in bail bond premiums; that the defendants in the criminal proceedings who are arrested “night after night” are the same individuals; that the “entertainment” presented by his employees was of a type and nature which had been held to be constitutionally protected and not in violation of any law; that the actions of the county were an attempted restriction upon the rights of free speech of the plaintiff and his employees; that plaintiff had suffered irreparable damage by virtue of the fact that the moneys expended for bond premiums were not recoverable…

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