[PDF] City of Petaluma v. Superior Court - Petition for Writ of Mandate





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Handout on Writs

contemplating filing or responding to a petition for writ of mandate If you fail to meet the statutory deadline



APP-150-INFO

Please read this form before you complete Petition for Writ (Appellate Division) get information about finding an attorney on the California Courts ...



PETITIONS FOR WRIT OF MANDATE: WHEN TO FILE THEM AND

Therefore if trial counsel did not pursue a writ



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3 Petition for a writ of review mandate



Puttin On The Writs: 10 Tips For Petitioning For Calif. Appeal

Sep 30 2016 As the California Court of Appeal website ... support Kaiser if Kaiser filed a petition for writ of mandate in which it asked us to finally.



PETITION FOR WRIT OF [TYPE OF WRIT]; MEMORANDUM OF

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA. SECOND APPELLATE DISTRICT DIVISION Goldilocks petitions this Court for a writ of mandate or.



2020 Court Statistics Report: Statewide Caseload Trends

appellate court. This action is not an appeal; rather it is ordinarily a petition for a writ. Examples of original proceedings include a writ of mandamus



City of Petaluma v. Superior Court - Petition for Writ of Mandate

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA. FIRST APPELLATE DISTRICT. CITY OF PETALUMA. Defendant and Petitioner



Sixth District Outline of Original Proceedings and Relief Ancillary to

In the Court of Appeal Sixth Appellate District (hereafter Court of Appeal)



LOCAL RULES OF THE COURT OF APPEAL FOURTH APPELLATE

petition for writ of mandate certiorari or prohibition pursuant to California Rules of Court



Court of Appeal - California Courts

Court of Appeal FOURTH APPELLATE DISTRICT Division One 750 B Street Suite 300 San Diego CA 92101 HANDOUT ON WRITS Preliminary Note This handout is intended to or a layperson who may be assist an attorney contemplating filing or responding to a petition for writ of mandate writ of prohibition or writ of supersedeas



APP-150-INFO Information on Proceedings for Writs in the

A petition for a writ explains to the appellate division what happened in the trial court what error you (the petitioner) believe the trial court made why you have no other adequate remedy at law and what order you are requesting the appellate division to issue 6How Do I Prepare a Writ Petition?





IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA IN AND FOR

Mar 20 2021 · IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA IN AND FOR THE [District] APPELLATE DISTRICT DIVISION [No ] [Name] ) ) Plaintiff and Respondent ) No [Case No ] ) v ) ) [Name] ) ) Defendant and Appellant ) ) Petition for Writ of [Type of Writ] [Name] County Superior Court No [Case No ] Honorable [Name] Department No [Dept No



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH

PETITION FOR MANDATE TO THE HONORABLE PRESIDING JUSTICE AND ASSOCIATE JUSTICES OFTHE FIFTH DISTRICT COURT OF APPEAL: Petitioner alleges as follows: 1 This petition for a peremptory writ of mandate is filed in connection with the related pending appeal in People v Barragán Court of Appeal number



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PETITION FOR WRIT OF MANDATE INTRODUCTION The right to vote and have that vote counted is the cornerstone of democracy Yet by statutory mandate tens of thousands of California voters including Petitioners are disenfranchised each election without even knowing their fundamental right to vote has been usurped A mandate from

What are the requirements for filing a petition for writ of mandate in California?

    There are two essential requirements to the issuance of an ordinary writ of mandate: a clear, present and beneficial right on the part of the petitioner to the performance of that duty. (California Ass’n for Health Services at Home v.

What rights does a writ of mandate protect in California?

    Unlike the federal court system, where interlocutory appeals may be taken on a permissive basis and mandamus are usually used to contest recusal decisions, the writ of mandate in California is not restricted to purely ministerial tasks, but can be used to correct any legal error by the trial court.

What is the purpose of a writ of mandate?

    The writ of mandate is a type of extraordinary writ in the U.S. state of California. [1] [2] In California, certain writs are used by the superior courts, courts of appeal and the Supreme Court to command lower bodies, including both courts and administrative agencies, to do or not to do certain things.

REQUEST FOR STAY; TRIAL COURT STAY OF

DISCOVERY EXPIRES JULY 6, 2015

1st Civ. No. ______________Public Entity

~ No Fee Required ~

Gov. Code, § 6103

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

CITY OF PETALUMA,

Defendant and Petitioner,

v.

SUPERIOR COURT OF THE STATE OF

CALIFORNIA, FOR THE COUNTY OF

SONOMA,

Respondent.

ANDREA WATERS,

Plaintiff and Real Party in Interest.Sonoma County SuperiorCourt/Empire College AnnexCase No. SCV 256309

Hon. Elliot Lee Daum, Judge

Courtroom: 16

Telephone: (707) 521-6547

PETITION FOR WRIT OF MANDATE, PROHIBITION OR OTHER

APPROPRIATE RELIEF; REQUEST FOR IMMEDIATE STAY;

MEMORANDUM OF POINTS AND AUTHORITIES

[Exhibits Filed Under Separate Cover]____________________________________________

THE CITY ATTORNEY'S OFFICE

CITY OF PETALUMAEric W. Danly, City Attorney11 English StreetPetaluma, California 94952 Telephone: (707) 778-4497Email: edanly@ci.petaluma.ca.us

BURKE, WILLIAMS, & SORENSEN, LLPSamantha W. Zutler, State Bar No. 238514101 Howard Street, Suite 400 San Francisco, California 94105-6125 Telephone: (415) 655.8100 ~ Facsimile: (415) 655.8099Email: szutler@bwslaw.com

GREINES, MARTIN, STEIN & RICHLAND LLPTimothy T. Coates, State Bar No. 110364*Alison M. Turner, State Bar No. 1162105900 Wilshire Boulevard, 12th FloorLos Angeles, California 90036Email: aturner@gmsr.comTelephone: (310) 859-7811 ~ Facsimile: (310) 276-5261

Attorneys for Defendant and Petitioner CITY OF PETALUMA

TO BE FILED IN THE COURT OF APPEAL

APP-008

COURT OF APPEAL, FIRST APPELLATE DISTRICT, DIVISION ONE

Court Of Appeal Case Number:

ATIORNEY OR PARTY WITHOUT ATIORNEY (Name, state Bar number, end address}: Superior Court Cesa Number.

Alison M. Turner, State Bar No. 116210

SCV256309

-GREINES, MARTIN, STEIN & RICHLAND LLP

5900 Wilshire Boulevard, 12th Floor

FOR COURT USE ONLY

Los Angeles, California 90036

TELEPHONE NO.: (3 lQ) 859-7811 FAX NO. (OptlonaQ: (3 lQ) 276-5261

E-MAIL ADDRESS (OplionaQ: aturner@gmsr.com

ATIORNEYFOR(NameJ: Defendant and Petitioner CITY OF PETALUMA

APPELLANT/PETITIONER: CITY OF PETALUMA

RESPONDENT/REAL PARTY IN INTEREST: ANDREA WATERS

CERTIFICATE OF INTERESTED ENTITIES OR PERSONS

(Check one): [Z] INITIAL CERTIFICATE 0 SUPPLEMENTAL CERTIFICATE

Notice: Please read rules 8.208 and 8.488 before completing this form. You may use this form for the initial

certificate in an appeal when you file your brief or a prebriefing motion, application, or opposition to such a

motion or application in the Court of Appeal, and when you file a petition for an extraordinary writ. You may

also use this form as a supplemental certificate when you learn of changed or additional information that must

be disclosed.

1. This form is being submitted on behalf of the following party (name): Defendant and Petitioner CITY OF PETALUMA

2. a. [Z] There are no interested entities or persons that must be listed in this certificate under rule 8.208.

b. D Interested entities or persons required to be listed under rule 8.208 are as follows: (1) (2) (3) (4) (5)

Full name of Interested

entity or person

D Continued on attachment 2.

Nature of Interest

(Explain):

The undersigned certifies that the above-listed persons or entitles (corporations, partnerships, firms, or any other

association,

but not Including government entitles or their agencies) have either (1) an ownership Interest of 10 percent or

more In the party If It Is an entity; or (2) a financial or other Interest In the outcome of the proceeding that the justices

should consider In determining whether to disqualify themselves, as defined In rule 8.208(e)(2).

Date: June 19, 2015

Alison M. Turner

(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATIORNEY)

Page 1 of1

Form Approved for Optional Use

Judicial Council of CalWomla

APP-008 [Rev. JanUBIY 1, 2009]

CERTIFICATE OF INTERESTED ENTITIES OR PERSONS

Cal. Rules Of Court, rules 8.208, 8.488

www.coutflnfo.ca.gov T

ABLE OF CONTENTSP

ageC

ERTIFICATE OF INTERESTED ENTITIES OR PERSONS2T

ABLE OF CONTENTS3T

ABLE OF AUTHORITIES6T

ABLE OF SEPARATELY BOUND EXHIBITS8I

NTRODUCTION11A

.Nature Of The Case.11B .The Issues.12C .Why Writ Relief Is Warranted.14D .A Temporary Stay Is Necessary.15P

ETITION16A

.The Parties.16B .Background.16C .The Investigation.17D .The Lawsuit And Discovery.19E .Plaintiffquotesdbs_dbs12.pdfusesText_18
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