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The court applied similar reasoning to the writ of prohibition the next year. [34] To avoid the obvious implication that nearly all California government agency decisions were now entirely immune from judicial review, the court held in 1939 that the writ of mandate could be used instead for that purpose. [34]
Superior Court (that is, the superior court is the respondent on appeal), and the real opponent is then listed below those names as the "real party in interest". This is why several U.S. Supreme Court decisions in cases that originated in California bear names like Asahi Metal Industry Co. v. Superior Court (1987) and Burnham v.
Trucking Unlimited was the named plaintiff for a group of fourteen companies that accused the California Motor Transport Co. and eighteen others of forming a joint war chest. This fund was then used to oppose any applications by other companies to the PUC and ICC for operating rights and also court cases stemming from PUC or ICC decisions.
The California Code of Civil Procedure (abbreviated to Code Civ. Proc. in the California Style Manual [a] or just CCP in treatises and other less formal contexts) is a California code enacted by the California State Legislature in March 1872 as the general codification of the law of civil procedure in the U.S. state of California, along with the three other original Codes.
For example, on March 1, 1901, Puerto Rico enacted a Penal Code and Code of Criminal Procedure which were modeled after the California Penal Code, [1] [2] and on March 10, 1904, it enacted a Code of Civil Procedure modeled after the California Code of Civil Procedure. [3] Thus, California case law interpreting those codes was treated as ...
This case history arose in relation to Cal. Civ. Code §1668, a statute that states "All contracts which have for their object, directly or indirectly, to exempt anyone from responsibility for his own fraud, or willful injury to the person or property of another, or violation of law, whether willful or negligent, are against the policy of the law."