Azeria v. California Adult Authority

Appeal from denial of a petition for writ of mandate. The appeal is in propria persona and upon the clerk’s transcript alone. So far as appears, no answer to the petition was filed and no evidence was offered or received. There does not seem to have been any appearance below in opposition to the petition. Under Code of Civil Procedure, section 1088, the writ cannot be granted by default, and, if no answer be filed, the court may hear the case on the papers of the applicant (Code Civ. Proc., § 1094, and cf. § 1107). It is thus clear that, in a proper case, the court can act upon the petition…