Brock v. Superior Court

CURTIS, J.

Petitioner seeks a writ of prohibition to issue out of this court directed to the Superior Court of the County of Los Angeles and the Honorable Emmet H. Wilson, a judge thereof, “commanding the said superior court and the Honorable Emmet H. Wilson, as judge thereof, to immediately cease and desist from any further proceeding in connection with the restraining order” or the preliminary

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injunction in a certain action pending before said court and instituted by G. S. Ray, and others against A. A. Brock, the petitioner herein, as director of agriculture of the state of California. The action of Ray, and others,

versus

Brock was instituted for the purpose of enjoining the petitioner from enforcing chapter 1,0 of division IV of the Agricultural Code of this state. (Stats. 1935, chap. 241, as subsequently amended, Stats. 1937, chaps. 3, 57, 413 and 710.)

In the action of Ray, and others,

versus

Brock, the plaintiffs asked for a restraining order and a temporary injunction, pending the trial of said action, against Brock as director of agriculture of the state of California, and upon the trial of the action, for a permanent injunction to restrain him from enforcing any of the terms and provisions of said chapter 10 of division IV of the Agricultural Code as amended by the legislature of 1937. After a hearing, the court on February 8, 1938, granted a restraining order against the defendant, as director of agriculture of the state of California, in which said director of agriculture was enjoined and restrained until the further order of said court from in any manner enforcing as against the plaintiffs, or either of them, any of the terms or provisions of chapter 10 of division IV of the Agricultural Code of the state of California, or “of said amended Stabilization and Marketing Plan” of the Los Angeles area as amended, or of the order of the said A. A. Brock, as such director, “for the Establishment of Minimum Wholesale, and Minimum Retail Prices for Fluid Milk” for said Los Angeles County Marketing Area.

Prior to the issuance of any temporary injunction, but after the issuance of said restraining order, this proceeding was instituted in this court for a writ of prohibition commanding said c.ourt and the judge thereof to cease and desist from any further proceeding in connection with said restraining order, except to dissolve said restraining order. While an alternative writ of prohibition was issued by this court it was subsequently set aside, and thereafter said superior court issued said temporary injunction of date, February 18, 1938. At the date of the filing of the petition herein, said temporary restraining order was in force, and there was pending before said superior court an order to show cause why a temporary injunction should not issue. It was to