Legal Opinion
Harmer v. Superior Court
California Court of Appeal
Decided July 31, 1969No. Civ. 12365PublishedCited by 6 opinions
1Opinion of the CourtFriedman, J.
Of the four petitioners, three are members of the State Senate and one a member of the Assembly. They seek a writ of prohibition to restrain the Sacramento Superior Court from proceeding against them in a civil lawsuit. They assert the immunity established by article IV, section 14, of the California Constitution: “A member of the Legislature is not subject to civil process during a session of the Legislature or for 5 days before and after a session. ’ ’
The petitioner-legislators are members of the State Advisory Commission on Indian Affairs. Together with the commission itself, its executive…
2Cases cited11 opinions
- Tenney v. BrandhoveSupreme Court of the United States · 1951
- Springer v. Government of Philippine IslandsSupreme Court of the United States · 1928
- Moran v. Board of Medical ExaminersCalifornia Supreme Court · 1948
- People v. TremaineNew York Court of Appeals · 1929
- Parker v. RileyCalifornia Supreme Court · 1941
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3Cited by6 opinions
- Scott v. McDonnell Douglas Corp.California Court of Appeal · 1974
- Seamans v. WalgrenWashington Supreme Court · 1973
- County of Los Angeles v. SasakiCalifornia Court of Appeal · 1994
- American Petroleum Institute v. KnechtDistrict Court, C.D. California · 1978
- Opinion No. (1997), California Attorney General Reports1997
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