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LANCASTER v. MUNICIPAL COURT

Docket No. L.A. 29933.

6 Cal.3d 805 (1972)

494 P.2d 681

100 Cal. Rptr. 609

DEVERE JOSEPH LANCASTER et al., Plaintiffs and Respondents, v. THE MUNICIPAL COURT FOR THE BEVERLY HILLS JUDICIAL DISTRICT OF LOS ANGELES COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Appellant.

Supreme Court of California. In Bank.

March 21, 1972.

Attorney(s) appearing for the Case

COUNSEL

Joseph P. Busch, Jr., District Attorney, Harry Wood and Robert Lederman, Deputy District Attorneys, for Real Party in Interest and Appellant.

Kolostian & Evarone, Richard G. Kolostian and Jack W. Evarone for Plaintiffs and Respondents.

No appearance for Defendant and Respondent.

John D. Maharg, County Counsel, and Edward H. Gaylord, Assistant County Counsel, as Amici Curiae on behalf of Defendant and Respondent.

OPINION

PETERS, J.

Devere Joseph Lancaster and Alice K. Nygaard were charged in the Municipal Court for the Beverly Hills Judicial District with violating section 592 of Los Angeles County Ordinance 5860, which makes it a misdemeanor for a person to massage a member of the opposite sex as a commercial business. The court overruled demurrers challenging its jurisdiction. Plaintiff then filed a petition for writ of prohibition in the...

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