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SAFER v. SUPERIOR COURT

Docket No. L.A. 30364.

15 Cal.3d 230 (1975)

540 P.2d 14

124 Cal. Rptr. 174

LAURA CAROL SAFER et al., Petitioners, v. THE SUPERIOR COURT OF VENTURA COUNTY, Respondent; C. STANLEY TROM, as District Attorney, etc., Real Party in Interest.

Supreme Court of California. In Bank.

September 19, 1975.

Attorney(s) appearing for the Case

COUNSEL

Ellen Lake, Cohen, Carder & Hogelhardt and Tom Stanley for Petitioners.

Norton Tooby, Joseph Remcho, Deborah Hinkel, Jennie Rhine, David A. Rosenfeld and Gordon R. Gaines, as Amici Curiae on behalf of Petitioners.

Evelle J. Younger, Attorney General, C. Stanley Trom, District Attorney, Laurence D. Grossman and Frederick A. Jones, Deputy District Attorneys, for Real Party in Interest.

OPINION

TOBRINER, J.

In this case we hold that a court acts in excess of its jurisdiction when it permits a district attorney to disregard the statutory confines of his authority by prosecuting under the Code of Civil Procedure a contempt stemming from a civil litigation in which the district attorney could rest his participation neither upon standing as a party nor upon statutory authorization...

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