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GOMEZ v. SUPERIOR COURT

No. S179176.

54 Cal.4th 293 (2012)

142 Cal. Rptr. 3d 808

278 P.3d 1168

ALFREDO GOMEZ, Petitioner, v. THE SUPERIOR COURT OF LASSEN COUNTY, Respondent; TOM FELKER, as Warden, etc., Real Party in Interest. MANUEL JUAREZ, Petitioner, v. THE SUPERIOR COURT OF LASSEN COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

June 18, 2012.

Attorney(s) appearing for the Case

Michael Satris , under appointment by the Supreme Court, for Petitioners.

Jon A. Nakanishi for Respondent.

F. Donald Sokol , Presiding Judge of the Lassen County Superior Court, for Respondent, upon the request of the Supreme Court.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, Jessica N. Blonien , Heather M. Heckler , Anya M. Binsacca and Christopher J. Rench , Deputy Attorney General, for Real Parties in Interest.

David E. Gunn for the California Court Commissioners Association as Amicus Curiae, upon the request of the Supreme Court.

OPINION

CANTIL-SAKAUYE, C.J. —

We granted review to decide whether a court commissioner has the authority to summarily deny a petition for writ of mandamus or habeas corpus under Code of Civil Procedure section 259, subdivision (a), which authorizes commissioners to "[h]ear and determine ex parte motions for orders and alternative writs and writs of habeas corpus."1 We conclude that section 259, subdivision...

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