Bricklayers & Masons Union No. 1 v. Superior Court

Bricklayers and Masons Union No. 1 of California and Bricklayers, Masons and Plasterers International Union of America and their officers and members seek a writ of prohibition to prevent further proceedings in a damage suit against them now pending in the Superior Court of Kings County; the application is based on the contention that that court lacks jurisdiction because the acts complained of in the suit are arguably protected or prohibited conduct under the National Labor Relations Act and exclusive jurisdiction over the cause rests in the National Labor Relations Board. (San Diego Bldg. Trades Council v. Garmon, 359 U.S. 236 [ 79 S.Ct. 773 , 3 L.Ed.2d 775 ].)

The superior court action which the petitioners seek to halt {Winsor Curtis, Plaintiff v. Bricklayers and Masons Union No. 1 of California et al., Defendants) was filed in Kings County and is numbered 15043 therein. In that case Winsor Curtis, an individual doing business under the fictitious name of Birdor Masonry Contractors, sued the petitioners herein for damages claimed to have been caused through the commission of a tort, to wit, interference with economic relations. In the suit it was alleged that on or about May…