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LEWIS v. SUPERIOR COURT

No. S061240.

82 Cal.Rptr.2d 85 (1999)

970 P.2d 872

19 Cal.4th 1232

James T. LEWIS, Petitioner, v. The SUPERIOR COURT of San Bernardino County, Respondent; Chester Green, et al., Real Parties in Interest.

Supreme Court of California.

Rehearing Denied March 31, 1999.

Attorney(s) appearing for the Case

Howard, Moss, Loveder, Strickroth & Walker, Margaret M. Parker, James E. Loveder and Daniel G. Pezold, Santa Ana, for Petitioner.

No appearance for Respondent.

McIntire Law Corporation, Christopher D. McIntire and Michael V. McIntire, Big Bear Lake, for Real Parties in Interest.

Michael P. Fudge, Public Defender, and John Hamilton Scott, Deputy Public Defender, for Los Angeles County as Amicus Curiae on behalf of Real Parties in Interest.

Jay-Allen Eisen, Sacramento; Barry R. Levy, Encino; Michael M. Berger, Santa Monica; Peter W. Davis, San Francisco; Rex S. Heinke, Los Angeles; Wendy C. Lascher, Ventura; and Gerald Z. Marer, San Jose, for the California Academy of Appellate Lawyers as Amicus Curiae on behalf of Real Parties in Interest.

GEORGE, C.J.

When an appellate court considers a petition for a writ of mandate or prohibition, it is authorized in limited circumstances to issue a peremptory writ in the first instance, without having issued an alternative writ or order to show cause. (Code Civ. Proc, §§ 1088, 1105; Alexander v. Superior Court (1993) 5 Gal.4th 1218,1222-1223, 23 Cal.Rptr.2d 397

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