California Court of Appeal

Gomez v. Sup. Ct., C060710

Rejection of plaintiffs' petition challenging a county trial court's procedures as unconstitutional is affirmed where the summary denial of a prison inmate's ex parte application for the issuance of a writ of habeas corpus or a writ of mandate is a subordinate judicial duty that a commissioner may perform pursuant to section 259, subdivision (a) of the Code of Civil Procedure, without violating the Constitution, because it is not the "trial" of a "cause."

Appellate Information

• Decided 11/20/2009
• Published 11/20/2009

Judges

• SCOTLAND, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Michael Satris, Bolinas, under appointment by the Court of Appeal, for Petitioners., Edmund G. Brown, Jr., Attorney General, Julie L. Garland, Senior Assistant Attorney General, Jessica N. Blonien, Supervising Deputy Attorney General, Heather M. Heckler and Christopher J. Rench, Deputy Attorneys General, for Real Party in Interest California Department of Corrections and Rehabilitation.


• For Appellees:
  
• Jon A. Nakanishi for Respondent.