Austin v. Municipal Court

In Austin v. Municipal Court (1979) 89 Cal.App.3d 269, the Court considered an injunction in a case involving an establishment admittedly not within the statutory exception (thus not involving any problem of preemption or application of the First Amend.), but only a factual issue of whether the conduct of performers therein involved did violate the provisions of another section of the Penal Code ( 314). It was in that context that the Court held that resort to the equity powers of the superior court was an improper invasion of the regular process of a criminal trial in municipal court.