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ROSENBERG v. SUPERIOR COURT

Docket No. A064411.

25 Cal.App.4th 897 (1994)

30 Cal. Rptr. 803

BRUCE ROSENBERG, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; DENISE LYNDA GERMINO, Real Party in Interest.

Court of Appeals of California, First District, Division Four.

June 8, 1994.

Attorney(s) appearing for the Case

COUNSEL

Gassett, Perry & Frank and Mary E. Wrightson for Petitioner.

No appearance for Respondent.

Mendelson & Mendelson and Steven E. Mendelson for Real Party in Interest.

OPINION

POCHE, Acting, P.J.

(1) This petition for a writ of mandamus raises the question of whether under the California Rules of Court a complaint transmitted by a facsimile machine to a trial court after the court closes to the public for the day is deemed to have been filed that day or the next day the court is open to the public.

FACTS

On June 29, 1993, at 9:56 p.m., counsel for plaintiff, Denise...

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