Judge: Curtis A. Kin, Case: 21STCP03664, Date: 2024-04-25 Tentative Ruling

Case Number: 21STCP03664    Hearing Date: April 25, 2024    Dept: 86

PETITION FOR WRIT OF MANDATE

Date:               4/25/24 (1:30 PM)

Case:                           Trean Martin v. Department of Social Services State Hearing Division, et al. (21STCP03664)

TENTATIVE RULING:

The hearing on petitioner Trean Martin’s Third Amended Petition for Writ of Mandate is CONTINUED.

On September 12, 2023, after the Court overruled the demurrer filed by respondent California Department of Social Services (“DSS”), the Court set the hearing on the request for writ relief in the operative Third Amended Petition for April 25, 2024. The Court ordered petitioner’s opening brief to be filed and served 60 days prior to the hearing date, i.e., February 26, 2024, as February 25, 2024 was a Sunday. (See Code Civ. Proc. § 12a(a).) The Court notes that petitioner was present during the hearing on September 12, 2023. (9/12/23 Minute Order at 1.)

Petitioner untimely filed an opening brief on March 8, 2024. Moreover, petitioner did not serve the opening brief on DSS. None of the four proofs of service filed on March 8, 2024 indicate that the opening brief was mailed to Deputy Attorney General Anthony C. Pinggera at California Department of Justice, Office of the Attorney General, 300 South Spring Street, Suite 1702, Los Angeles, CA 90013 – the address on the first page of the General Denial served on petitioner, as well as on the first page of the demurrer to the third petition filed by DSS. Attorney Pinggera is counsel of record for DSS in the instant proceeding.

To allow DSS to file an opposition, the hearing on the Third Amended Petition is CONTINUED to June 25, 2024 at 1:30 p.m. in Department 86 (Stanley Mosk Courthouse). On or before April 30, 2024, petitioner Trean Martin is ordered to serve the opening brief to counsel for DSS at the address indicated above and file proof of service with the Court. On or before May 30, 2024, DSS shall file and serve any opposition brief. On or before June 14, 2024, petitioner may file and serve a reply brief. The administrative record shall be lodged by petitioner on the same date the reply brief is filed.

If the administrative record exceeds 450 pages, the parties shall prepare and lodge a joint appendix consistent with the court’s guidelines. The administrative record may be in electronic form; however, the joint appendix shall be submitted as a hard copy.