MARIBEL M. v. SUPERIOR COURT

Docket No. C028572.

61 Cal.App.4th 1469 (1998)

MARIBEL M., Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; SACRAMENTO COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES et al., Real Parties in Interest.

Court of Appeals of California, Third District.

March 10, 1998.


Attorney(s) appearing for the Case

COUNSEL

Ben L. Davey for Petitioner.

Robert A. Ryan, County Counsel, Robert L. Pleines and Melvyn W. Price, Assistant County Counsel, Richard G. Llata and John Reed, Deputy County Counsel, for Respondent.

Ildefonso L. Ruiz and Terri Huberty for Real Parties in Interest.


OPINION

PUGLIA, P.J.

Effective January 1, 1998, the Judicial Council promulgated amendments to California Rules of Court, rule 39.1B (rule 39.1B) which, absent undefined "exceptional circumstances," purport to compel appellate courts to decide such petitions "on the merits by written opinion" after "issu[ance] of an Order to Show Cause or an Alternative Writ." We conclude these amendments are unconstitutional as inconsistent with...

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