People v. Superior Court of Riverside Cnty.

Good Law
2017 Cal. App. LEXIS 35·213 Cal. Rptr. 3d 194·7 Cal. App. 5th 778
Court of Appeal of CaliforniaJanuary 19, 2017E067296California3,213 words

Opinion

Lead Opinion

RAMIREZ P.J.

Having read and considered the petition, the informal response, and petitioner's reply, as well as the record provided by both parties, we conclude the petition lacks merit. Our order requesting an informal response notified real party in interest that a peremptory writ might issue unless it showed good cause to the contrary. All parties received "due notice" (Code Civ. Proc., § 1088 ), and "it appears that the petition and opposing papers on file adequately address the issues raised by the petition, that no factual dispute exists, and that the additional briefing that would follow issuance of an alternative writ is unnecessary to disposition of the petition."

*195 ( Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171 , 178, 203 Cal.Rptr. 626 , 681 P.2d 893 .) In reliance on these rules, and because we agree that the issue posed by the petition is an important one warranting speedy resolution, we now resolve the petition by way of a formal written opinion denying relief. ( Frisk v. Superior Court (2011) 200 Cal.App.4th 402 , 414-417, 132 Cal.Rptr.3d 602 [such procedure creates a " 'cause' " and the resulting opinion constitutes law of the case].)

FACTUAL…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.