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YUEN v. MUNICIPAL COURT

Docket No. 36350.

52 Cal.App.3d 351 (1975)

125 Cal. Rptr. 87

EDDY YUEN, Plaintiff and Respondent, v. THE MUNICIPAL COURT FOR THE SAN FRANCISCO JUDICIAL DISTRICT OF THE CITY AND COUNTY OF SAN FRANCISCO, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Appellant.

Court of Appeals of California, First District, Division Three.

October 21, 1975.

Attorney(s) appearing for the Case

COUNSEL

John J. Ferdon, District Attorney, and Philip L. Strauss, Assistant District Attorney, for Real Party in Interest and Appellant.

Richard A. Hodge and Joseph L. Matthews for Plaintiff and Respondent.

No appearance for Defendant and Respondent.

OPINION

SCOTT, J.

Eddy Yuen was charged with a violation of section 1291(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...

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