L.A. County Metropolitan Transportation Auth. v. Superior Court
Opinion
Opinion
Baker, J.
Filed 9/13/
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FIVE
LOS ANGELES COUNTY B311725
METROPOLITAN
TRANSPORTATION AUTHORITY, (Los Angeles County Super. Ct. No. Petitioner, BH013505)
v.
THE SUPERIOR COURT OF LOS
ANGELES COUNTY,
Respondent.
ORIGINAL PROCEEDINGS; petition for writ of mandate. Superior Court of Los Angeles County, Ronald S. Coen, Judge. Petition granted. Kendall Brill & Kelly, Robert E. Dugdale and Laura W. Brill, for Petitioner. Leah C. Gershon for Respondent. In this writ proceeding instituted by the Los Angeles Metropolitan Transportation Authority (MTA), we principally consider whether a magistrate’s decision to authorize a search warrant constitutes a decision on a “contested fact issue[ ] relating to the merits” under Code of Civil Procedure section 170.6 (section 170.6). MTA’s petition arises from a special proceeding it filed on March 8, 2021, to quash a search warrant. The warrant was authorized by Judge Ronald Coen on February 26, 2021. Consistent with Penal Code section 1538.5, subdivision (a), the superior court…