Matthews v. Superior Court
Petitioner filed a petition for writ of mandate with a stay request following the trial court’s denial of her motion to dismiss under Penal Code sections 656 and 793. We stayed proceedings in the trial court, requested informal opposition and reply, and gave notice that we may issue a peremptory writ in the first instance. (See Code Civ. Proc., § 1088; Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 180.) We also asked the parties to address certain additional questions. We have received and reviewed the informal opposition, reply, and answers to our additional questions and now partially grant petitioner’s request for a peremptory writ of mandate.
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