Diaz v. Superior Court CA1/3
On April 14, 2022, this Court filed several documents from Miguel Diaz, collectively, as a petition for writ of mandate. The petition challenges the failure of the Solano County Superior Court to file his notice of appeal from an order finding him to be a vexatious litigant.
After initial review, we notified the parties we might choose to act by issuing a peremptory writ in the first instance and sought opposition, if any, to the petition. (See Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 177–180.) Real party in interest responded, taking no position on the matter.
The petition for writ of mandate establishes that Miguel Diaz timely presented his notice of appeal from the final order and other related orders granting the motion of the Department of Corrections and Rehabilitation to declare him a vexatious litigant. (Code Civ. Proc., § 391, subd. (b).) The Clerk of the Solano County Superior Court rejected the notice of appeal.
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