Drake v. Superior Court of Santa Cruz County, No. H033614

By FindLaw Staff on July 28, 2009 | Last updated on March 21, 2019

Peremptory writ of mandate directing the trial court to vacate its order denying petitioner's application for a certificate of probable cause for his appeal is granted where the court erred in denying petitioner's application for being untimely under Cal. Rules of Court 8.304(b) as the rule does not clearly specify when the items in questions are to be filed. The court is ordered to consider petitioner's application for a certificate of probable cause on the merits or on other procedural grounds.

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Appellate Information
Appeal from Santa Cruz County Super.Ct.No. W43101.
Filed July 27, 2009

Judges
Before: Duffy, J., Premo, Acting P.J., Elia, J.
Opinion by Duffy, J.

Counsel
For Petitioner: Patricia S. Lai, Law Office of Patricia S. Lai.

For Real Party in Interest: Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Asst. Attorney General, Gerald A. Engler, Senior Asst. Attorney General, Stan Helfman, Supervising Deputy Attorney General, Sharon G. Birenbaum, Deputy Attorney General.