Mason v. Superior Court

BLEASE, Acting P. J.,

Dissenting. — I authored the opinion of the court because we are bound by People v. Atkins (2001) 25 Cal.4th 76 [104 Cal.Rptr.2d 738, 18 P.3d 660] (Atkins) and In re V.V. (2011) 51 Cal.4th 1020 [125 Cal.Rptr.3d 421, 252 P.3d 979]. (Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 455 [20 Cal.Rptr. 321, 369 P.2d 937].) Ordinarily I would say no more. But because a judge is “bound [but] not gagged” by the superior law I express my dissenting views here. (Sample v. Borg (E.D.Cal. 1987) 675 F.Supp. 574, 578, fn. 13, vacated as moot in Sample v. Borg (9th Circ.…