California Court of Appeal

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People v. The Superior Court of Los Angeles County, B232295

In a petition for a writ of mandate directing the superior court to vacate its orders dismissing a petition for commitment and releasing real-party-in-interest from custody, petition is granted where although the inability to complete inmate's evaluations because of increased workload and a shortage of professional staff is not an "exigent circumstance” establishing good cause for a 45-day hold under Welfare and Institutions Code section 6601.3, the unlawful 45-day hold was the result of a good faith mistake of law in the absence of either a prior judicial construction of that statute or an administrative repeal or judicial declaration that Regulation 2600.1(d) is invalid.

Appellate Information

  • Decided 09/22/2011
  • Published 09/22/2011

Judges

  • PERLUSS

Court

  • California Court of Appeal

Counsel

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