Moore v. Younger

California Court of Appeal Jan 30, 1976 No. Civ. 47136Published

Before: Kaus

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Holding. The court held that the plaintiffs were not 'aggrieved' parties under Code of Civil Procedure section 902 because they had already obtained a favorable judgment declaring that the statute did not apply to them, and therefore they lacked standing to appeal.

Issues

Whether plaintiffs who received a favorable judgment declaring a statute inapplicable to them are 'aggrieved' parties entitled to appeal under Code of Civil Procedure section 902.

Disposition. dismissed

Quotations verified verbatim against the opinion

“The motion to dismiss the appeal is granted.”

“Plaintiffs, however, have achieved all that they could expect as a result of their attack on the statute as librarians: The court held that it does not apply to them.”

“The Attorney General’s submission to the judgment does not, however, make any plaintiff a “party aggrieved.””

[1124]

Opinion

KAUS, P. J.

Motion to dismiss a pending appeal. Respondent Attorney General states the problem concisely; “Appellants take this appeal from the trial court’s judgment

in their favor.”

Background

Penal Code sections 313 through 313.5 make criminal the distribution of certain “harmful” materials to minors. The definition of “harmful matter” in section 313

is generally that set forth in

Roth

United States,

354 U.S. 476 [1 L.Ed.2d 1498, 77 S.Ct. 1304] and section 311, defining obscene matter.

Section 313.1 makes it a misdemeanor for a “person who, with knowledge that a person is a minor, or who fails to exercise reasonable care in ascertaining the true age of a minor,” to knowingly distribute “any harmful matter to the minor . . . .” Section 313.3 provides that it “shall be a defense” that the act charged “was committed in aid of legitimate scientific or educational purposes.” Section 313.2 exempts from the chapter the parent or guardian of the minor.

Plaintiffs, described as “various California librarians and associations of librarians,”

filed a complaint for declaratory relief against the Attorney General, seeking a declaration that the “Harmful Matter statute” is unconstitutional both on its face and as applied to plaintiffs.

In January 1975, the trial court denied defendant’s motion for summary judgment and granted plaintiffs’ motion for summary judg

[1125]

Moore v. Younger

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KAUS, P. J.

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