Can a judge issue a peremptory writ against a party who has filed an opposing application?
California, United States of America
The following excerpt is from State Bd. of Equalization v. Superior Court, 111 Cal.App.3d 568, 169 Cal.Rptr. 3 (Cal. App. 1980):
Application for the writ herein was made on due notice to respondent and real party. Real party has filed opposition. This court is thus empowered to issue a peremptory writ without issuance of an alternative writ. (Code Civ.Proc., 1088; cf. Goodenough v. Superior Court (1971) 18 Cal.App.3d 692, 697, 96 Cal.Rptr. 165.)
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