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COVARRUBIAS v. SUPERIOR COURT

Docket No. H016554.

60 Cal.App.4th 1168 (1998)

DANIEL COVARRUBIAS, Petitioner, v. THE SUPERIOR COURT OF MONTEREY COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Sixth District.

January 15, 1998.

Attorney(s) appearing for the Case

COUNSEL

Richard H. West and Courtney Shevelson for Petitioner.

Douglas C. Holland, County Counsel, and D. Richard Barelli, Deputy County Counsel, for Respondent.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Ronald E. Niver and Bruce Ortega, Deputy Attorneys General, for Real Party in Interest.

Dean D. Flippo, District Attorney (Salinas), Marie Aronson and Julie C. Lombardo, Deputy District Attorneys, as Amici Curiae on behalf of Real Party in Interest.

OPINION

ELIA, Acting P.J.

In this case, we determine whether section 223 of the Code of Civil Procedure, added by the June 5, 1990, adoption of Proposition 115, abrogates the holding in Hovey v. Superior Court (1980) 28 Cal.3d 1 [168 Cal.Rptr. 128, 616 P.2d 1301].1 As we explain...

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