# Justesen's Food Stores, Inc. v. City of Tulare

> California Supreme Court · November 14, 1938 · 12 Cal. 2d 324

URL: https://www.frixlaw.com/law-library/cases/9851917

## Case

- **Full name:** JUSTESEN’S FOOD STORES, INC. (A Corporation), Appellant, v. CITY OF TULARE (A Municipal Corporation) Et Al., Respondents
- **Court:** California Supreme Court
- **Decided:** November 14, 1938
- **Citations:** 12 Cal. 2d 324; 84 P.2d 140; 1938 Cal. LEXIS 404
- **Precedential status:** Published
- **Opinion:** Dissent by Curtis
- **Judges:** Curtis
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9851917

## Opinion text

CURTIS, J., Dissenting.
I dissent. I am in agreement with the decision of this case by the Fourth District Court of Appeal. That decision was based largely upon the conclusion reached by this court in the case of In re Sumida, 177 Cal. 388 [ 170 Pac. 823 ], written by former Chief Justice Shaw, in which an ordinance of the town of Fowler, containing provisions similar to those found in the Tulare ordinance was sustained. The decision in the case of In re Sumida, supra, has never been overruled, or even criticized by this court. The majority opinion merely calls attention to that decision but does not attempt to distinguish it from the present proceeding.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9851917. Public record. Not legal advice.