Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Gomez v. Sup. Ct., No. C060710

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." 

Read Gomez v. Sup. Ct., No. C060710 [HTML]

Read Gomez v. Sup. Ct., No. C060710 [PDF]

Appellate Information

Filed November 20, 2009

Judges

Opinion by Judge Scotland

Counsel
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,

Copied to clipboard