Emmons v. Smitt

PICARD, District Judge.

Hearing on motion to dismiss plaintiff’s action and on order to show cause why preliminary injunction should not issue.

Upon filing of the complaint an ex parte order issued restraining defendants (and requiring them to show cause why a preliminary injunction should not issue enjoining them) from continuing with pending State Bar proceedings against plaintiff. Defendants, appearing specially, moved for dismissal on five points:

1. The court herein has no jurisdiction over the subject matter of plaintiff’s alleged cause of action;

2. Plaintiff’s suit herein is not within…