JEFF M. v. Superior Court of Los Angeles County

As there is not a plain, speedy and adequate remedy at law, and in view of the fact that the issuance of an alternative writ would add nothing to the presentation already made, we deem this to be a proper case for the issuance of a peremptory writ of mandate “in the first instance.” (Code Civ. Proc., § 1088; Alexander v. Superior Court (1993) 5 Cal.4th 1218, 1222-1223 [ 23 Cal.Rptr.2d 397 , 859 P.2d 96 ]; Ng v. Superior Court (1992) 4 Cal.4th 29, 35 [ 13 Cal.Rptr.2d 856 , 840 P.2d 961 ].) Opposition was requested and the parties were notified of the court’s intention to issue a peremptory writ. (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 180 [ 203 Cal.Rptr. 626 , 681 P.2d 893 ].) County counsel informed the clerk of this court by telephone that no response to the petition would be filed. We have read and considered the August 1, 1997, letter of respondent juvenile court.

More than one year ago, on July 24, 1996, the Los Angeles County Department of Children and Family Services filed a petition to declare Jessica M., bom October 2, 1993, to be a dependent child pursuant to Welfare and Institutions Code section 300. The petition alleges that the…