(DOWNLOAD) "Brown, Winfield & Canzoneri, Inc. v. Superior Court of Los Angeles" by Colorado Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Brown, Winfield & Canzoneri, Inc. v. Superior Court of Los Angeles
- Author : Colorado Supreme Court
- Release Date : January 01, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 98 KB
Description
In Palma v. U.S. Industrial Fasteners, Inc. (l984) 36 Cal.3d 171 (Palma), we outlined the rare circumstances in which an appellate court may grant accelerated writ relief in the form of a peremptory writ in the first instance, in lieu of following the usual procedures associated with the issuance of an alternative writ or an order to show cause. We held that, at a minimum, a peremptory writ of mandate or prohibition may not issue in the first instance without notice that the issuance of such a writ in the first instance is being sought or considered. (Palma, supra, 36 Cal.3d at p. 180.) In addition, we emphasized that "an appellate court, absent exceptional circumstances, should not issue a peremptory writ in the first instance without having received, or solicited, opposition from the party or parties adversely affected." (Ibid.) Pursuant to Palma, our Courts of Appeal - prior to ordering issuance of a peremptory writ in the first instance - provide notice that such a writ may issue, and invite informal opposition, in orders routinely called "Palma notices."