The Clorox Company v. The United States District Court for the Northern District of California

I dissent because, unlike the majority, I would treat Clorox’s petition for a writ of mandamus as a notice of appeal, thus emphasizing substance over form. Clorox filed its writ while Pelleport Investors, Inc. v. Budco Quality Theatres, Inc., 741 F.2d 273 (9th Cir.1984), was still pending. When Clorox filed its petition, therefore, it was not unreasonable for petitioner to believe the district court’s remand order was reviewable only by mandamus, not by direct appeal. After Pelleport, however, it is clear that the remand order is reviewable by a direct appeal. Since Pelleport arguably changed…