Legal Opinion

Mendez v. Superior Court

California Court of Appeal

Decided April 30, 2008No. D051512PublishedCited by 9 opinions

1Opinion of the Court

Opinion

O’ROURKE, J.

Eduardo Mendez seeks a writ of prohibition against the trial court’s order denying his motion to dismiss under Penal Code section 1382. Mendez contends (1) the People, in seeking a continuance, failed to comply with the written notice and pleading requirements of section 1050, subdivision (b); (2) the prosecutor’s scheduling problems did not require a continuance of as many as 10 days; (3) a police officer’s unavailability to testify at trial did not constitute good cause for the continuance; and (4) in ruling on the motion to dismiss, the trial court was limited to…

2Cases cited12 opinions

  1. People v. RodriguesCalifornia Supreme Court · 1994
  2. People v. JenkinsCalifornia Supreme Court · 2000
  3. People v. MickeyCalifornia Supreme Court · 1991
  4. People v. BeelerCalifornia Supreme Court · 1995
  5. People v. JordanCalifornia Supreme Court · 1986

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Burgos v. Superior CourtCalifornia Court of Appeal · 2012
  2. People v. FloresAppellate Division of the Superior Court of California · 2009
  3. Cakebread v. Berkeley Millwork & Furniture Co.District Court, N.D. California · 2016
  4. Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board CA4/2California Court of Appeal · 2016
  5. Hernandez v. Super. Ct.California Court of Appeal · 2025

4 more not listed; retrieve them via the Exa API.

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