Chung Kao v. Department of Corrections & Rehabilitation

Opinion

McConnell, p. j.—

INTRODUCTION

Inmate Chung Kao appeals a judgment dismissing his petition for writ of mandate. The petition sought to compel the Department of Corrections and Rehabilitation (Department) to process a disciplinary appeal Kao submitted in 2012. The trial court dismissed the petition after sustaining the Department’s demurrer without leave to amend on the grounds the petition was untimely and Kao had failed to establish justification for the delay in filing it.

Resolving this appeal principally requires us to decide what limitation period applies to Kao’s petition. The…