Legal Opinion
Yuen v. Municipal Court
California Court of Appeal
Decided October 21, 1975No. Civ. 36350PublishedCited by 15 opinions
1Opinion of the Court
Opinion
SCOTT, J.
Eddy Yuen was charged with a violation of section 129 1(b) of the Municipal Police Code of the City and County .of San Francisco. Yuen’s demurrer to the complaint was overruled. The superior court granted his petition for writ of prohibition permanently restraining the municipal court from taking any further action against him. The basis for the order was that the subject matter covered by the ordinance had been preempted by state law. The People, who are the real party in interest, appeal.
I. The People first contend that the subject matter of the ordinance has not been…
2Cases cited17 opinions
- United States v. HarrissSupreme Court of the United States · 1954
- Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
- Bishop v. City of San JoseCalifornia Supreme Court · 1969
- Bevan v. Trustees of Penn Central Transportation Co.Supreme Court of the United States · 1974
- In Re HubbardCalifornia Supreme Court · 1964
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3Cited by15 opinions
- Cohen v. Board of SupervisorsCalifornia Supreme Court · 1985
- Hayman v. BlockCalifornia Court of Appeal · 1986
- Gates v. Municipal CourtCalifornia Court of Appeal · 1982
- In Re Rusty Nail Acquisition, Inc.Supreme Court of Vermont · 2009
- Horton v. City of OaklandCalifornia Court of Appeal · 2000
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