Can a judge issue a peremptory writ against a party who has not appeared before the court?
California, United States of America
The following excerpt is from South Tahoe Public Utility Dist. v. Superior Court, 154 Cal.Rptr. 1, 90 Cal.App.3d 135 (Cal. App. 1979):
Application for the writ herein was made on due notice to respondent and real party in interest and real party has appeared and filed a response. This court is therefore empowered to issue a peremptory writ without prior issuance of an alternative writ. (Code Civ.Proc., 1088, 1105; cf. Goodenough v. Superior Court (1971) 18 Cal.App.3d 692, 697, 96 Cal.Rptr. 165.)
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