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One quirk of California law is that when a party petitions the appellate courts for a writ of mandate (California's version of mandamus), the case name becomes [petitioner name] v. 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".
After Prop 66 passed, former California Attorney General John Van de Kamp, along with Ron Briggs (whose father John Briggs was the sponsor of Prop 7 in 1978, which expanded capital punishment in California), challenged the measure in court. On December 20, 2016, the California Supreme Court stopped Prop 66 from going into effect pending ...
Subsequently, a petition for a writ of mandate was filed with the Los Angeles Superior Court [3] which was affirmed by the Appeals Court. [4] A petition for review was submitted to California Supreme Court by City of Manhattan Beach and on April 21, 2010, the California Supreme Court accepted the City of Manhattan Beach's Petition. On July 14 ...
Writ petitions can also be filed with a superior court in order to compel an administrative agency or other entity, public or private, to perform a duty required by law. Although these petitions can be filed with the court of appeal or Supreme Court in the first instance, they are usually summarily denied without prejudice. [33]
The judiciary has a hierarchical structure with the California Supreme Court at the top, California Courts of Appeal as the primary appellate courts, and the California Superior Courts as the primary trial courts. The policymaking body of the California courts is the Judicial Council and its staff. [2]
The Sixth District was formed by a division of the First District pursuant to legislation enacted in 1981 (Stats.1981, c. 959, p. 3645, § 5). The first decision made by the Sixth District was on December 13, 1984, in the case of People v. Dickens (1984) 163 Cal.App.3d 377 [208 Cal.Rptr. 751].
Thus in Pitchess v. Superior Court, Sheriff Pitchess and his administrative staff are the case's petitioners, and the Superior Court is the respondent, with César Echeverría as the real party in interest. The petition was unusual, as it came directly from the county sheriff and so the Court of Appeals readily agreed to hear the petition.
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.