Ace Beverage Co. v. Municipal Court

Petitioners contend that after trials on parking infractions, the court erred because it refused to settle statements on appeal with relevant pleadings and factual evidence. As we conclude that the court should have included the issue of the right to a speedy trial, the petition for a writ of mandate is granted.

Factual and Procedural Synopsis

Petitioners are defendants in two parking infraction actions in municipal court. The matters were originally set for trial on January 13, 1992. At that time, defendants made written motions to dismiss on the grounds that the matters had not been brought to trial within 45 days as required by Penal Code section 1382. The court denied the motions.

On February 6, four petitioners filed a petition for a writ of prohibition/ mandate in the superior court, challenging the validity of nine parking tickets, including the two parking tickets upon which the instant petition is premised. The petition alleged that the trial court abused its discretion by denying the motions to dismiss on speedy trial grounds. The writ was summarily denied.

On March 13, defendants filed a petition for writ of prohibition/mandate in the Court of Appeal,…