Morton v. Superior Court

California Court of Appeal

Morton v. Superior Court

260 P.2d 215, 119 Cal. App. 2d 665, 1953 Cal. App. LEXIS 1268

CourtCalifornia Court of Appeal

DecidedAugust 13, 1953

DocketCiv. No. 15927

StatusPublished

Cited by3 cases

This text of 260 P.2d 215 (Morton v. Superior Court) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Morton v. Superior Court, 260 P.2d 215, 119 Cal. App. 2d 665, 1953 Cal. App. LEXIS 1268 (Cal. Ct. App. 1953).

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Opinion

THE COURT.

The petition for an alternative writ of prohibition is denied because it is our opinion that under section 1094.5 (f) of the Code of Civil Procedure the Superior Court has full power, if the public interest requires, to dissolve, modify or change a stay order once granted as long as -the proceeding for mandate is still pending in that court. This conclusion is predicated upon the general intent of the section, and is suggested if not compelled by the language that the court in which the mandamus proceeding is pending has power to stay the operation of the administrative order “provided that no such stay shall be imposed or continued if the court is satisfied that it is against the piiblic interest.”

A petition for a rehearing was denied September 11, 1953.

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THE COURT.

The petition for an alternative writ of prohibition is denied because it is our opinion that under section 1094.5 (f) of the Code of Civil Procedure the Superior Court has full power, if the public interest requires, to dissolve, modify or change a stay order once granted as long as -the proceeding for mandate is still pending in that court. This conclusion is predicated upon the general intent of the section, and is suggested if not compelled by the language that the court in which the mandamus proceeding is pending has power to stay the operation of the administrative order “provided that no such stay shall be imposed or continued if the court is satisfied that it is against the piiblic interest.”

A petition for a rehearing was denied September 11, 1953.

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Bluebook (online)

260 P.2d 215, 119 Cal. App. 2d 665, 1953 Cal. App. LEXIS 1268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morton-v-superior-court-calctapp-1953.

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