Padilla

Elvira Padilla contends the superior court was under statutory mandate to transfer her petition for writ of administrative mandamus to this court, and erred in dismissing the petition for lack of jurisdiction. We agree. However, deeming the petition transferred as one requesting review, we exercise our discretion to deny the petition.

Facts and Proceedings

Appellant owned a bar near Bakersfield. On September 17, 1993, two undercover investigators from respondent Department of Alcoholic Beverage Control (ABC) went into the bar and ordered beer. The beers were $3 each. Shortly thereafter, Rena Terrones came to their table and sat down. She asked one of the investigators to buy her a beer. He ordered one from the waitress. She brought Terrones a beer and a small can of tomato juice. The waitress charged the investigator $6. A short time later, Terrones asked the other investigator to buy her a beer. He ordered one from the waitress. Again, the waitress brought a beer and a can of tomato juice, for which she charged the investigator $6. The investigators went outside to alert their raid team. During the ensuing raid, additional evidence was gathered, tending to show…