Judge: Joel R Wohlfeil, Case: 37-2023-00037444-CU-WM-CTL, Date: 2024-03-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 12, 2024

03/15/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Writ of Mandate Demurrer / Motion to Strike 37-2023-00037444-CU-WM-CTL QUILLAR VS BOARD OF PAROLE HEARINGS [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 01/25/2024

The general Demurrer (ROA # 44) of Respondent JENNIFER SHAFFER ('Respondent') to the 'Amended Petition for Writ of Prohibition or Other Extraordinary Relief' (ROA # 33), is SUSTAINED.

Leave to amend will not be permitted unless Petitioner articulates the ability to plead appropriate relief against Respondent Shaffer.

Respondent's Request (ROA # 47) for judicial notice is GRANTED.

Petitioner's Request (ROA # 53) for judicial notice is GRANTED IN PART and DENIED IN PART. The Court takes judicial notice of Exh. 'B' and the dates only on which Exh's 'A' and 'D' were filed with the Court; otherwise, the Request is DENIED.

Initially, the Court notes that Petitioner did not obtain a hearing date for his motion to strike the demurrer filed on February 20, 2024 at ROA # 48. Even if this motion was on the calendar, it fails to demonstrate that the Demurrer contains 'irrelevant, false, or improper matter' or was 'not drawn or filed in conformity with the laws of this state.' Code Civ. Proc. 436. Instead, the Court will treat Petitioner's motion to strike as the opposition to this Demurrer.

As stated within the Demurrer, Jennifer Shaffer, as Executive Officer of the Board of Parole Hearings, is not the proper Respondent. The proper Respondent for the purported wrongful denial of a clemency request is the Governor's Office. As stated within Penal Code section 4812, the Board of Parole Hearings, '[u]pon request of the Governor,' investigates and makes recommendations to the Governor.

However, the Board is not responsible for the ultimate decision.

The amended Petition and the attached exhibits demonstrate that the Governor's Office has received the subject clemency application seeking the sentence commutation. As alleged, the Governor's Office has either denied the application or failed to act on the request, despite a request for expedited review. In either event, this writ must be directed at the Governor's Office.

Further, the proper Respondent for the purported wrongful continued confinement would be the person or entity with actual custody of Petitioner (e.g., the warden of the custody facility). As stated within the legal authority cited in the briefs, Respondent Jennifer Shaffer, as Executive Officer of the Board of Parole Hearings, does not owe Petitioner a ministerial duty to release him or commute his sentence.

In addition, as stated within the applicable legal authority, Petitioner Quillar's challenge to his continued Calendar No.: Event ID:  TENTATIVE RULINGS

3079113 CASE NUMBER: CASE TITLE:  QUILLAR VS BOARD OF PAROLE HEARINGS [IMAGED]  37-2023-00037444-CU-WM-CTL confinement on the ground that his sentence is unauthorized is not proper in mandate. This claim should be brought, if at all, as a habeas claim.

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3079113