Judge: Stephen I. Goorvitch, Case: 24STCP02901, Date: 2024-09-24 Tentative Ruling

Case Number: 24STCP02901    Hearing Date: September 24, 2024    Dept: 82

Jessica M. v. DOC, Case No. 24STCP02901:

Petitioners Jessica M. and Crime Survivors, Inc. (collectively, “Petitioners”) filed this petition for writ of mandate against the California Department of Corrections and Rehabilitation and the Board of Parole Hearings (collectively, “Respondents”).  Petitioners seek to cancel the parole suitability hearing of Sergio Linares (the “real party in interest”).

On September 23, 2024, Petitioners filed an ex parte application for a temporary restraining order and order to show cause why a preliminary injunction shall not issue.  Petitioners represent that the parole hearing is October 2, 2024, and seek an order before that date.  Petitioners’ counsel provided notice of the ex parte application to Deputy Attorney General Jennifer L. Heinisch, who indicated that she intends to oppose the TRO and will attend the hearing.  (See Declaration of Kathleen Cady, Exh. 1.)  Petitioners’ counsel also provided notice to the real party in interest, as well as his counsel.  (See Declaration of Kathleen Cady, Exhs. 8, 9.)      

Based upon the foregoing, the court orders as follows:

1.       The court advances and continues the hearing on this ex parte application from Tuesday, September 24, 2024, to Thursday, September 26, 2024, at 10:30 a.m.  The court authorizes remote or in-person appearances.

2.       Any opposition briefs shall be filed and served via email on or before Tuesday, September 24, 2024, at 12 Noon.    

3.       Petitioners’ counsel may file a reply brief of five (5) pages or less on or before Wednesday, September 25, 2024, at 9:00 a.m.  Any reply brief shall be served via email.

3.       Courtesy copies of any opposition and reply briefs shall be emailed forthwith to the court at the following email address: WRDept82@LACourt.org.

4.       The court provides notice: If no opposition briefs are filed on or before the deadline, absent good cause, the court intends to grant the ex parte application without holding a hearing per Code of Civil Procedure section 166(a)(1), in which case the court would issue a temporary restraining order and set an order to show cause why a preliminary injunction shall not issue. 

5.       The court’s clerk shall serve this order on Petitioner’s counsel via email.  Petitioner’s counsel shall provide notice forthwith via email.  The court will also post a copy of this order in the tentative order system, which is available on the court’s website: www.LACourt.org.