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HARMER v. SUPERIOR COURT

Docket No. 12365.

275 Cal.App.2d 345 (1969)

79 Cal. Rptr. 855

JOHN L. HARMER, as State Senator, et al., Petitioners, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; CALIFORNIA INDIAN EDUCATION ASSOCIATION, INC., et al., Real Parties in Interest.

Court of Appeals of California, Third District.

July 31, 1969.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Joel E. Carey and Jan Stevens, Deputy Attorneys General, for Petitioners.

No appearance for Respondent.

George F. Duke, Richard B. Collins, Jr., Lee J. Sclar and Neil M. Levy for Real Parties in Interest.

FRIEDMAN, 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....

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