Kreling v. Superior Court

GIBSON, C. J.

In these consolidated eases petitioners seek to challenge the validity of a judgment of contempt issued against them by the Superior Court of Los Angeles County. The judgment of contempt arose out of a proceeding in equity in which the Attorney General sought to enjoin the wide-spread activities of the Annenberg racing news service throughout the state. The complaint for an injunction alleged that the Annenberg organization was composed of numerous branches throughout the United States, and that it was engaged in furnishing supplies and facilities used in the illegal operation of bookmaking and pool selling establishments maintained for wagering on horse races. The complaint named 112 specific persons as defendants, 99 unknown persons as John Does and five unknown corporations. Petitioners herein were sued fictitiously as John Doe Twenty-eight and John Doe Thirty, respectively, and their proper names were inserted later by amendment to the complaint. In the action of

People

v.

Annenberg,

Superior Court of Los Angeles, Number 451,935, the Attorney General obtained a temporary restraining order which enjoined these petitioners and others from engaging in any acts in furtherance of their conspiracy to furnish information, materials and facilities for the illegal operation of bookmaking establishments. Thereafter the superior court found upon the basis of affidavits and testimony introduced by the Attorney General that petitioners had wilfully and intentionally violated the terms of the restraining order. Petitioners were adjudged guilty of contempt of court upon 148 separate counts, and each petitioner was sentenced to pay an aggregate fine of $29,600 and also to serve 296 days in the county jail.

Petitioners seek, in S. F. 16,575, to have the order adjudging them guilty of contempt annulled upon a writ of

certiorari.

It is contended that the temporary restraining order is void because in excess of the court’s jurisdiction. If the order is void, it is perfectly clear that the judgment of contempt must be annulled, for no one may be punished in contempt for the disobedience of a void order.

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