Legal Opinion
People v. Superior Court (Aquino)
California Court of Appeal
Decided June 9, 1988No. A041664PublishedCited by 8 opinions
1Opinion of the Court
Opinion
WHITE, P. J.
The People of the State of California, represented by the San Francisco District Attorney, challenge a magistrate’s ruling denying them party status on a motion to return property seized during execution of a search warrant. They contend that the superior court erred in failing to issue a writ to compel the magistrate to grant them party status. We conclude that under the circumstances of this case, the magistrate exceeded his jurisdiction and the superior court erred. We direct the superior court to issue writ of mandate (Code Civ. Proc., §§ 904.1, subd. (a)(4), 1086).
The…
2Cases cited6 opinions
- Palma v. U.S. Industrial Fasteners, Inc.California Supreme Court · 1984
- People v. Superior CourtCalifornia Supreme Court · 1968
- Hicks v. Bd. of Supervisors of Orange Cty.California Court of Appeal · 1977
- People v. Superior Court (Stanley)California Supreme Court · 1979
- People v. Municipal Court (Kong)California Court of Appeal · 1981
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bradbury v. Superior CourtCalifornia Court of Appeal · 1996
- People v. Superior CourtCalifornia Supreme Court · 2001
- People v. WilliamsCalifornia Supreme Court · 2005
- Coy v. County of Los AngelesCalifornia Court of Appeal · 1991
- Avelar v. Superior CourtCalifornia Court of Appeal · 1992
3 more not listed; retrieve them via the Exa API.