(Download) "Lewis V. Superior Court Of San Bernardino County" by California Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Lewis V. Superior Court Of San Bernardino County
- Author : California Supreme Court
- Release Date : January 08, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 110 KB
Description
When an appellate court considers a petition for a writ of mandate or prohibition, it is authorized in limited circumstances to issue a peremptory writ in the first instance, without having issued an alternative writ or order to show cause. (Code Civ. Proc., §§ 1088, 1105; Alexander v. Superior Court (1993) 5 Cal.4th 1218, 1222-1223 (Alexander); Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 178 (Palma).) In Palma, we held that even in such circumstances, a peremptory writ of mandate or prohibition should not issue in the first instance unless the adverse parties have received notice that such a writ in the first instance is being sought or considered. In addition, absent exceptional circumstances requiring immediate action, the court should not issue a peremptory writ in the first instance without having received, or solicited, opposition from the party or parties adversely affected. (Palma, supra, 36 Cal.3d at p. 180.) In this case we decide whether, in those limited situations where the accelerated Palma procedure is appropriate, a court must provide an opportunity for oral argument before issuing a peremptory writ in the first instance.
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