Anderson v. Phillips

Opinion

THE COURT.

Petitioner, having been appointed to fill a vacancy in an office of the Superior Court for the County of Alameda, seeks a writ of mandate to compel respondents, the presiding judge of the superior court and the superior court itself, to assign judicial duties to him. By leave of the court, the Governor has been permitted to intervene. (Code Civ. Proc., § 387.)

We have concluded that although petitioner may not compel that judicial duties be assigned to him, he nevertheless is entitled to require *736respondent presiding judge to exercise his discretion to determine whether such…