California Court of Appeal
Kao v. Cal. Dept. of Corr. & Rehab., 067519
Dismissal of a petition for writ of mandate seeking to compel the Department of Corrections and Rehabilitation to process a disciplinary appeal petitioner submitted in 2012, is reversed where the appropriate limitation period is the three-year statute of limitations in Code of Civil Procedure section 338(a), and as petitioner's petition is timely under this code section and the defense of laches cannot be determined from the face of the petition, the court erred in sustaining the Department's demurrer.
Appellate Information
- Published 2016/02/23
Judges
- McCONNELL
Court
- California Court of Appeal