Can a judge issue a peremptory writ without a proper alternative writ?
California, United States of America
The following excerpt is from Johnny S. v. Superior Court, 153 Cal.Rptr. 550, 90 Cal.App.3d 826 (Cal. App. 1979):
Application for the writ herein was made on due notice to respondent and real party in interest, and real party has filed a response. This court [90 Cal.App.3d 829] may therefore 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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