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MUNICIPAL COURT v. SUPERIOR COURT

Docket No. S022821.

5 Cal.4th 1126 (1993)

857 P.2d 325

22 Cal. Rptr.2d 504

THE MUNICIPAL COURT FOR THE EAST LOS ANGELES JUDICIAL DISTRICT OF LOS ANGELES COUNTY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; RAMON MARTINEZ GONZALEZ, Real Party in Interest.

Supreme Court of California.

September 9, 1993.

Attorney(s) appearing for the Case

COUNSEL

De Witt W. Clinton, County Counsel, Anthony P. Serritella and Eric S. Oto for Petitioner.

No appearance for Respondent.

Wilbur F. Littlefield, Public Defender, Laurence M. Sarnoff, JoMarie De Payne and John Hamilton Scott, Deputy Public Defenders, for Real Party in Interest.

OPINION

BAXTER, J.

(1a) We granted review in this matter to determine whether a municipal court has standing to initiate an action in mandamus (Code Civ. Proc., § 1085) against a superior court to set aside a ruling of the superior court, and, if so, whether a municipal court's practice of using court commissioners to make the probable cause determination required by County of Riverside v. McLaughlin

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