Ballard v. Diaz CA5
Plaintiff Christopher Ballard appeals from an order sustaining the demurrer of the Secretary of the California Department of Corrections and Rehabilitation (CDCR) without leave to amend. Ballard contends the court abused its discretion and violated his due process rights by (1) not allowing him to cure the defect in his petition for writ of mandate and (2) granting the Secretary extra time in which to file an opposition to his motion for reconsideration.
To obtain a reversal of a superior court’s decision, an appellant must demonstrate two things—error and prejudice resulting from that error. Here, Ballard has not established that he was prejudiced by the order sustaining the demurrer without leave to amend or the denial of his motion for reconsideration because he has not shown a reasonable probability of a more favorable outcome in the absence of the alleged errors.
Comments on Ballard v. Diaz CA5