KERNES
KERNES v. Superior Court
Opinion
Opinion
Nares, J.
Factual and Procedural Background
The City of San Diego (City) filed a criminal complaint against Debra Carol Kernes (Kernes) charging her with misdemeanor vehicular manslaughter. The City was also named as a codefendant of Kernes in a companion civil action brought by the family of the victim.
Kernes moved to recuse the city attorney from prosecuting the criminal action under Penal Code section 1424 on grounds the city attorney’s obligations as counsel for Kernes’s codefendant in the civil suit conflicted with the city attorney’s role as representative of the People in the criminal case. The trial court granted Kernes’s motion.
The People challenged the ruling by way of a petition for writ of mandate filed with the appellate division of superior court. The appellate division issued a 13-page opinion directing that the writ be granted without receiving or requesting opposition or issuing an order to show cause.
Kernes followed with this petition for writ of mandate. She argues the appellate division exceeded its jurisdiction by issuing a peremptory writ in the first instance without previously notifying her of that possibility and affording her an opportunity to…