Cain v. The Superior Court of San Joaquin County

DispositionDescription: Petition denied or dismissed after alternative writ or palma issued.; Disposition Type: Final

DocketDescription: Case complete.

DocketDescription: Petition denied or dismissed after alternative writ or palma issued.; Notes: The superior court having complied with this court's order of February 7, 2023, the petition for writ of mandate is dismissed as moot. ROBIE, Acting P.J., DUARTE, J., RENNER, J.

DocketDescription: Received copy of document filed in trial court.; Notes: Order Vacating Court's Prior Order Denying Petitioner's Pretrial Penal Code 745 Motion filed in the trial court on 2/28/23.

DocketDescription: Filed:; Notes: Petitioner's status update of case.

DocketDescription: Palma sent. Response due:; Notes: This court is considering issuing a peremptory writ of mandate in the first instance, i.e., without first issuing an alternative writ. (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171.) Respondent court may avoid issuance of the writ by vacating its ruling and holding a hearing on petitioner's motion. Typically, an action taken pursuant to a suggestive Palma order requires respondent court first afford the parties notice and an opportunity to be heard before vacating its earlier decision. (See Brown, Winfield & Canzoneri, Inc. v. Superior Court (2010) 47 Cal.4th 1233.) However, the instant case is unusual in that it challenges inaction, and both parties agree the Penal Code section 745 motion should proceed. Accordingly, respondent court is requested to inform this court of any relevant action in the case that it takes consistent with this notice and to provide a status update on or before February 24, 2023. If respondent court chooses to act in the manner described herein, this court will dismiss the instant petition as moot. ROBIE, Acting P.J., Duarte, J., Renner., J. (See order for details.)

DocketDescription: Informal response filed by:; Notes: Real Party in Interest: The People Attorney: Chung Mi Choi

DocketBrief: Informal response filed by:; Party Attorney: Real Party in Interest: The PeopleAttorney: Chung Mi Choi

DocketDescription: Filed letter from:; Notes: Petitioner advising the trial date of 02/17/23 was vacated and petitioner is no longer seeking a stay on this case pending the court's resolution of the petition.

DocketDescription: Opposition requested.; Notes: Letter sent to real party in interest. Informal response to be served and filed by 01/30/23. Reply if any, due 10 days thereafter.

DocketDescription: Filed petition for writ of:; Notes: mandate with request for stay. (Trial date: 02/17/23.)

DocketTrial Court Name: San Joaquin County Superior Court; County: San Joaquin; Trial Court Case Number: STKCRFE20220008922; Trial Court Judge: Jacot, Lance