PEOPLE EX REL. YOUNGER v. SUPERIOR COURT

Docket No. S.F. 23322.

16 Cal.3d 30 (1976)

544 P.2d 1322

127 Cal. Rptr. 122

THE PEOPLE ex rel. EVELLE J. YOUNGER, as Attorney General, etc., et al., Petitioners, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; BOARD OF PORT COMMISSIONERS OF THE CITY OF OAKLAND et al., Real Parties in Interest.

Supreme Court of California. In Bank.

February 4, 1976.


Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Carl Boronkay, Assistant Attorney General, Roderick Walston, William M. Chamberlain, Gregory K. Wilkinson and Richard C. Jacobs, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

J. Kerwin Rooney, Gerald P. Martin, Jr., Charles Negley, Maloney, Chase, Fisher & Hurst and Joseph D. Ryan for Real Parties in Interest.

Lillick, McHose & Charles, Frederick W. Wentker, Jr., and Gary P. Snyder as Amici Curiae on behalf of Real Parties in Interest.


OPINION

SULLIVAN, J.

The People, on the relation of the Attorney General and of the California Regional Water Quality Control Board, San Francisco Region (Regional Board) seek a writ of mandate directing respondent superior court to vacate its order granting judgment on the pleadings and its pretrial order in the underlying action for the imposition of civil penalties pursuant to section 13350, subdivision (a)

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