Prival

Prival v. Mooney

Good Law
1964 Cal. LEXIS 175·41 Cal. Rptr. 399·62 Cal. 2d 899·396 P.2d 815
Supreme Court of CaliforniaNovember 30, 1964L. A. No. 27776California355 words

Opinion

lead Opinion

Peters, J.

Petitioner Edward Prival, individually and as a member and president of Standard Club of Long Beach, seeks a writ of mandate compelling respondents, the Chief of Police of Long Beach and the Los Angeles Superior Court,' to take certain actions and refrain from others, all growing out of an action for declaratory relief and injunction filed by petitioner in respondent court. The issues presented in that action involve the interpretation and constitutionality of section 4140.7 of the Long Beach Municipal Code. That section purports to prohibit the playing of any game of chance for money or other evidence of value.

The specific issues raised by the petition and the return to the alternative writ are: (1) Is the Long Beach ordinance void for the reason that the State of California has preempted the field of gambling by the enactment of a general law on the subject? (2) Is that ordinance void by reason of being so vague that persons of ordinary intelligence cannot determine what games are permissible and what games are prohibited? (3) Is panguingui, the particular game involved in the lower court action, a game of chance ? (4) Does the present status of the lower court action (now on…

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.