California Court of Appeal

In this case, the Sacramento County Public Defender filed a petition for writ of habeas corpus alleging that the Sacramento County Sheriff had unlawfully detained prisoners at the county jail by failing to transfer them on a timely basis to a state hospital for restorative treatment. The trial court thereafter issued an order (the Osburn Order) commanding that the Sheriff deliver all criminal defends ordered committed to Napa State Hospital within seven days of commitment. The Department of State Hospitals (the Department) then moved to set aside the Osburn Order, and the trial court denied the motion but modified the order to extend the deadline to fourteen days. The trial court's order denying the motion to set aside the Osburn Order is reversed, the injunction is dissolved, and the matter is remanded with directions to reconsider the Department's motion to set aside the Osburn Order in light of the changes to the law in Assembly Bill 1468, where: 1) the Osburn Order is an injunction, so the Department's motion to vacate or set aside is properly viewed as a motion to dissolve the injunction; 2) a motion to dissolve the injunction can be granted upon a showing of a change in the facts, a change in the law, or because the interests of justice so require (Civil Code of Procedure section 533); and 3) during the pendency of this appeal, there was a material change in the law that affect aspects of the Osburn Order.

Appellate Information

• Decided 03/13/2015
• Published 03/13/2015

Judges

• Duarte

Court

• California Court of Appeal

Counsel