What is the effect of section 859b and section 871 of the California Code of Civil Procedure?

California, United States of America


The following excerpt is from Emery v. Superior Court In and For Sacramento County, 113 Cal.App.3d 98, 169 Cal.Rptr. 590 (Cal. App. 1980):

Petitioner, in support of his contention, relies upon Johnson v. Superior Court (1979) 97 Cal.App.3d 682, 158 Cal.Rptr. 899. His reliance is misplaced. Although factually similar to this proceeding, that court's conclusion is wrong and conflicts with rational analysis of section 859b and section 871.

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