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SWARTHOUT v. SUPERIOR COURT

No. B241132.

208 Cal.App.4th 701 (2012)

145 Cal. Rptr. 3d 760

GARY SWARTHOUT, as Warden, etc., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; CULVER CITY POLICE DEPARTMENT, Real Party in Interest.

Court of Appeals of California, Second District, Division Three.

As modified September 4, 2012.

Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General, Jennifer A. Neill , Assistant Attorney General, Julie A. Malone and Nikhil D. Cooper , Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Carol A. Schwab , City Attorney, and Lisa A. Vidra , Deputy City Attorney; Law Offices of E. Thomas Dunn, Jr., and E. Thomas Dunn, Jr. , for Real Party in Interest.

Steve Cooley , District Attorney, Irene T. Wakabayashi , Head Deputy District Attorney, and Phyllis C. Asayama , Deputy District Attorney, for the People.

OPINION

CROSKEY, J. —

Petitioner Gary Swarthout, warden of California State Prison, Solano, challenges, by petition for writ of mandate, the order of the Los Angeles Superior Court requiring him to temporarily transfer inmate J.T. to the Los Angeles County Men's Central Jail for investigative purposes. As the trial court lacked authority to issue the transfer order, we grant the petition.

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