Gomez v. Superior Court

Opinion

CANTIL-SAKAUYE, C. J.

We granted review to decide whether a court commissioner has the authority to summarily deny a petition for writ of mandamus or habeas corpus under Code of Civil Procedure section 259, subdivision (a), which authorizes commissioners to “[h]ear and determine ex parte motions for orders and alternative writs and writs of habeas corpus.” We conclude that section 259, subdivision (a) does grant this authority to commissioners and that, at least when the petition seeks to enforce a prisoner’s rights while in confinement—but does not seek to collaterally attack the…