Villery v. Department of Corrections & Rehabilitation
California Court of Appeal
[CERTIFIED FOR PARTIAL PUBLICATION*]
1Opinion of the Court
Opinion
FRANSON, J. —
Jared M. Villery appeals from an order sustaining a demurrer to his petition for writ of mandate. The petition sought an order directing personnel at the California Correctional Institution (CCI) in Tehachapi, California, to process his inmate grievances in accordance with applicable regulations. The trial court determined that habeas corpus relief was a more appropriate remedy and dismissed Villery’s mandamus petition.
As a general rule, a petition for a writ of mandate may be dismissed if the plaintiff has an alternate “plain, speedy, and adequate remedy, in the ordinary…
2Cases cited17 opinions
- In Re ClarkCalifornia Supreme Court · 1993
- Quelimane Co. v. Stewart Title Guaranty Co.California Supreme Court · 1998
- Common Cause v. Board of SupervisorsCalifornia Supreme Court · 1989
- People Ex Rel. Younger v. County of El DoradoCalifornia Supreme Court · 1971
- Phelan v. Superior CourtCalifornia Supreme Court · 1950
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3Cited by19 opinions
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- Dhillon v. John Muir HealthCalifornia Supreme Court · 2017
- Smith v. Ogbuehi, California Court of Appeal, 5th District2019
- Cox v. Superior Court of Amador CountyCalifornia Court of Appeal · 2016
- Int'l Bhd. of Teamsters v. City of Monterey Park, California Court of Appeal, 5th District2019
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