Fong, Auditor v. Sapienza, Judge

DISSENTING OPINION OF

LE BARON, J.

I respectfully dissent. The majority opinion holds that mandamus lies in this case to compel an inferior court not only to reverse a decision made by it in the exercise of its legitimate jurisdiction but to enter a new decision and to direct it to exercise with respect thereto judicial discretion in a particular manner differently from that in which it has already exercised discretion. Such a holding violates the essential purpose of mandamus, which is purely mandatory, and I find no authority to support it.

The authoritative holdings of this court are to the…