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Gomez v. Sup. Ct., No. C060710

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By FindLaw Staff on November 23, 2009 2:35 PM

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." 

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Appellate Information

Filed November 20, 2009


Opinion by Judge Scotland

For Appellant:   Jon A. Nakanishi

For Appellee:   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,

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