Litmon

Joseph Johnson, Jr., and David Litmon, Jr., each request the issuance of a writ of mandate directing the trial court to vacate its order consolidating for trial two successive recommitment petitions filed pursuant to Welfare and Institutions Code section 6600 et seq., the Sexually Violent Predator Act (SVPA). The question presented is whether the trial court has the power to consolidate such petitions. Although we conclude that the trial court does have the inherent power to consolidate SVPA petitions for trial, we hold that the exercise of that power in the present cases, where trials on the earlier petitions were delayed, over petitioners’ objections, solely to accommodate consolidation, constituted error. We therefore will issue peremptory writs of mandate vacating the respondent superior court’s orders of consolidation and directing respondent court to calendar the first petition for recommitment in each case for trial forthwith.

FACTUAL AND PROCEDURAL BACKGROUND

1. The Johnson Matter

Petitioner Johnson was first committed as a sexually violent predator (SVP) on May 25, 2000. On April 25, 2002, the People filed a new petition to extend Johnson’s commitment for…