Procunier

American Friends Service Committee v. Procunier

Caution
109 Cal. Rptr. 22·1973 Cal. App. LEXIS 889·33 Cal. App. 3d 252
Court of Appeal of CaliforniaJuly 3, 1973Civ. 13689California4,015 words

Opinion

Opinion

Richardson, J.

Petitioners (herein denominated “plaintiffs”), a group of nonprofit corporations and a citizen taxpayer, filed an action in the superior court against.respondents (herein denominated “defendants”),Director of Corrections (hereinafter “Director”) and the chairman, vice chairman and members of the California Adult Authority (hereinafter “Authority”) wherein plaintiffs sought, and obtained, a writ of mandate directing defendants, in the formulation of their rules and regulations, to comply with the provisions of the California Administrative Procedure Act (hereinafter “APA”). (Gov. Code, § 11370 et seq.) The order and judgment of the trial court in granting the peremptory writ of mandate decreed defendants’ rules and regulations invalid and required their re-promulgation under APA within two months. The judgment was subsequently amended to require immediate execution of that part of the judgment requiring the filing of defendants’ rules and regulations with the Secretary of State. A further clarifying order directed new regulations promulgated under APA to be in the form necessary for publication in the Administrative Code and Register. This appeal is from the judgment and…

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