Bagration
Bagration v. Superior Court
Opinion
Opinion
Boren, J.
Petitioner Alan Bagration challenges the denial of his motion for summary judgment, specifically the trial court’s determination that motions for summary judgment under Code of Civil Procedure section 437c are inapplicable to proceedings under the Sexually Violent Predators Act (SVP or the Act). (Welf. & Inst. Code, § 6600 et seq.) We conclude that the trial court’s ruling was correct. Accordingly, we deny the petition.
FACTUAL AND PROCEDURAL BACKGROUND
In November 1977, petitioner pled guilty to three counts of Penal Code section 288, lewd or lascivious acts on a child under age 14, offenses the SVP Act defines as sexually violent. He was sentenced to an indeterminate sentence. In 1981 he was paroled, his parole was later suspended, and a warrant issued. In February 1995, he was arrested in Arizona and extradited to California, where he was imprisoned for six months for parole violation. He was released on parole in August 1995. In October 1995, the California Department of Corrections (CDC) placed a parole hold on him and then returned him to prison for a second parole violation.
On October 11, 1995, the SVP Act was enacted, effective January 1, 1996. (Stats. 1995,…