John O. v. Superior Court

Introduction

Having previously denied the minor’s petition for writ of mandate to compel the juvenile court to vacate its order denying the minor’s motion for informal supervision and to make a new order granting said order, this court, pursuant to order of the California Supreme Court, issued an alternative writ of mandate.

A petition was filed in juvenile court on August 2, 1984, in which it was alleged that John O. came within the provisions of Welfare and Institutions Code section 602, in that John allegedly committed a felony violation of section 10851 of the Vehicle Code (joyriding).

The facts from which the petition arose are these: John’s mother was employed as a housekeeper by Gloria Herrera (Herrera). While Herrera was on vacation, John’s sister stayed at Herrera’s house. John visited his sister at the house on June 26, 1984. During the visit, John noticed the keys to Herrera’s 1977 Porsche on top of the refrigerator, removed the car from the driveway, drove it for approximately one-half hour, and was involved in a traffic accident. Only Herrera’s vehicle was damaged. John admitted to the police and to Herrera that he took the car. His parents paid Herrera…