SCHNABEL v. SCHNABEL (1993)

Prior report:  Cal.App., 18 Cal.Rptr.2d 56.

Petition for review GRANTED.

Submission of additional briefing, otherwise required by Rule 29.3, California Rules of Court, is deferred pending further order of the court.

Real parties in interest have also requested a stay of the order of joinder.   Because of the grant of review, the opinion of the Court of Appeal never became final or took effect.   There is therefore no need for a stay.   The request for a stay is denied on that basis.

The request for judicial notice filed by Marilyn J. Schnabel in Terry L. Schnabel et al. v. Superior Court, S024822, indicates that the Court of Appeal not only filed the opinion in this matter, but also purported to issue the peremptory writ of mandate itself.   Any such action, done before the opinion became final, would have been beyond the authority of that court, and therefore a nullity at all times.   The peremptory writ issues only upon finality of the opinion directing its issuance.  (Cal. Rules of Court, rules 24(d), 25(a), 28;  Ng. v. Superior Court (1992) 4 Cal.4th 29, 33–34 & fn. 1, 13 Cal.Rptr.2d 856, 840 P.2d 961;  Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 180–182, 203 Cal.Rptr. 626, 681 P.2d 893.)

LUCAS, C.J., and MOSK, PANELLI, KENNARD, ARABIAN and GEORGE, JJ., concur.