Judge: Joel R Wohlfeil, Case: 37-2023-00024521-CU-WM-CTL, Date: 2024-01-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 10, 2024

01/12/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Writ of Mandate Motion Hearing (Civil) 37-2023-00024521-CU-WM-CTL GENERAL DYNAMICS NASSCO VS CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD [IMAGED] CAUSAL DOCUMENT/DATE FILED: Petition for Writ of Mandate, 06/07/2023

The Petition (ROA # 1, 6) of Petitioner GENERAL DYNAMICS NASSCO ('Petitioner') for a Writ of Administrative Mandamus against Respondent California Occupational Safety and Health Appeals Board ('Respondent'), is DENIED.

The file does not include a proof of service evidencing service of the writ petition. See Code Civ. Proc.

1096 (writ must be served in the same manner as a summons in a civil action) and Lab. Code 6631 (Code of Civil Procedure relating to writs of mandate apply to proceedings under Labor Code).

The Court notes that the notice for this hearing date includes the original writ petition as an attached exhibit. Even assuming inclusion as an attachment constitutes effective service, this amounts to improper mail / electronic service.

This ruling is made without prejudice of Petitioner's ability to re-set this writ hearing after effectuating service.

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3058970