Gomez v. Superior Court
54 Cal. 4th 293
| Cal. | 2012Background
- Gomez, an inmate, filed a petition for writ of mandate in Lassen Superior Court to compel processing of four grievance appeals.
- Juarez, another inmate, filed a petition for writ of mandate for three grievance appeals regarding incidents and confiscated property.
- Commissioner Dawson Arnold denied Gomez's petition and struck his objection; he denied Juarez's petition as habeas corpus after conversion.
- Court of Appeal consolidated the cases and issued an alternative writ; the Attorney General argued commissioners lack authority to issue final denials.
- Superior Court and Attorney General contended section 259, subdivision (a) authorizes ex parte determinations by commissioners; the Court of Appeal agreed.
- California Supreme Court held that section 259(a) grants authority to commissioners to deny writ petitions on ex parte basis and that such denial can be a valid final action within subordinate judicial duties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority of commissioners to deny writ petitions ex parte | Gomez/Juarez argue no ex parte denial authority | Respondents; section 259(a) authorizes hearing and determining ex parte motions for writs | Yes; commissioners may deny writ petitions ex parte |
| Constitutionality of section 259(a) | Denial by commissioner as final judgment exceeds subordinate duties | Constitution permits subordinate judicial duties for commissioners | Constitutional; preserves preexisting powers as subordinate duties |
| Scope of petition type not collaterally attacking conviction | Clark restricts commissioner authority in collateral attacks | Clark distinguished; here petitions seek prisoner rights not challenging conviction | Applicable; authority extends to non-collateral petition contexts |
Key Cases Cited
- Rooney v. Vermont Investment Corp., 10 Cal.3d 351 (1973) (subordinate judicial duties permitted for uncontested or prescribed matters)
- In re Kathy P., 25 Cal.3d 91 (1979) (juvenile traffic hearing officers’ authority; uncontested/contested matters distinction)
- People v. Lucas, 82 Cal.App.3d 47 (1978) (commissioners’ authority in traffic infractions; uncontested/contested distinction)
- In re Clark, 5 Cal.4th 750 (1993) (limits on successive habeas petitions; finality and miscarriage contexts)
- Gomez v. Superior Court, Cal. State Supreme Court (this opinion) (2012) (commissioners may hear and determine ex parte writ petitions; constitutional and historical analysis)