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The petitioner must arrange for the lodging of the administrative record, and then, depending upon local rules, get the petition onto the court's motion calendar for a hearing and ruling on its merits by way of an ex parte application for an order to show cause or a motion for writ of administrative mandate. The superior court either holds oral ...
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court. Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. [ 1 ]
The Court of Appeal denied the petition without issuing a published opinion, the California Supreme Court granted review and transferred the matter back to the Court of Appeal with directions to vacate its denial order and issue an order to show cause (publish an opinion). The Court of Appeal again denied the petition, this time with a ...
Superior Court of California (1990). The underlying justification is that the writ jurisdiction of the California Courts of Appeal is to make an order directing the Superior Court to enter an order in its records, while the real party in interest has standing to oppose the appellate application for a writ.
In California, there is a carefully prescribed procedure governing Pitchess motions. Evidence obtained from one Pitchess motion cannot be used in a different case, absent a court order. When a court grants a defendant's Pitchess motion, the court is required to order that the records may not be used for any other proceeding.
Dynamex Operations W. v. Superior Court and Charles Lee, Real Party in Interest, 4 Cal.5th 903 (Cal. 2018) was a landmark case handed down by the California Supreme Court on April 30, 2018. A class of drivers for a same-day delivery company, Dynamex, claimed that they were misclassified as independent contractors and thus unlawfully deprived of ...
In the 1981 California case of Martinez v. Superior Court [31] the court used the "reasonable likelihood of prejudice standard" to grant a mandamus petition and order a change of venue in a murder prosecution. The court emphasized extensive publicity over the course of a year prior to the trial, the small size of the county where the trial was ...
On April 14, 2016 the Court of Appeal's three judge panel unanimously overturned the trial court's ruling, [40] finding that the attorneys for the plaintiff school students "failed to show that the statutes themselves make any certain group of students more likely to be taught by ineffective teachers than any other group of students," [41] and ...