Judge: Stephen I. Goorvitch, Case: 25STCP01600, Date: 2025-06-02 Tentative Ruling

Case Number: 25STCP01600    Hearing Date: June 2, 2025    Dept: 82

Yashua                                                                        Case No. 25STCP01600

            v.                                                                     Date/Time: June 2, 2025, at 1:30 p.m.

                                                                                    Location: Stanley Mosk Courthouse

Nathan J. Hochman                                                  Department: 82

NOTICE

The court posts this tentative order on Friday, May 23, 2025.  The court provides notice: If Petitioner does not appear at the hearing, either remotely or in-person, absent good cause, the court will take the hearing off-calendar and issue this tentative order, which means this case would be dismissed with prejudice.

ORDER GRANTING MOTION FOR JUDGMENT ON THE PLEADINGS

Petitioner Yashua (“Petitioner”) filed a petition for writ of mandate against Nathan J. Hochman, the District Attorney for the County of Los Angeles (the “District Attorney”).  Petitioner alleges that “Henry Charles Albert David,” also known as the “Duke of Sussex,” who lives in Montecito, California, murdered his son by administering a Fentanyl overdose.  (Petition for Writ of Mandate ¶¶ 12-13.)  Petitioner seeks a writ of mandate requiring the District Attorney to investigate and prosecute Prince Harry.[1] 

            The court does not have authority to order the District Attorney to investigate and prosecute any case.  There are two essential requirements to the issuance of an ordinary writ of mandate under Code of Civil Procedure section 1085: (1) a clear, present, and ministerial duty on the part of the respondent, and (2) a clear, present, and beneficial right on the part of the petitioner to the performance of that duty.  (California Ass’n for Health Services at Home v. Department of Health Services (2007) 148 Cal.App.4th 696, 704.)  “A ministerial act is an act that a public officer is required to perform in a prescribed manner in obedience to the mandate of legal authority and without regard to his own judgment or opinion concerning such act’s propriety or impropriety, when a given state of facts exists.”  (Kavanaugh v. West Sonoma County Union High School Dist. (2003) 29 Cal.4th 911, 916.)  By contrast, “an agency’s decision not to prosecute or enforce, whether through civil or criminal process, is a decision generally committed to an agency’s absolute discretion.”  (Heckler v. Chaney (1985) 470 U.S. 821, 831.)  A court order compelling the District Attorney to investigate and prosecute a case would violate the separation of powers doctrine and therefore would be unconstitutional.

            The court noticed its own motion for judgment on the pleadings on May 1, 2025, which was served on Petitioner by mail.  The court authorized Petitioner to file an opposition on or before May 19, 2025.  The court provided notice: “[I]f Plaintiff does not file an opposition articulating a lawful basis to seek a writ of mandate against the District Attorney and appear at the hearing, absent good cause, the court will grant this motion for judgment on the pleadings and dismiss this case with prejudice.”  Petitioner filed no opposition to the motion.  The court reviewed and considered Petitioner’s “Brief in Support of Writ of Mandate,” filed on April 30, 2025, but it does not address the dispositive issue.     

            Based upon the foregoing, the court orders as follows:

1.         The court grants its own motion for judgment on the pleadings.

2.         The court dismisses this case with prejudice.

3.         The court’s clerk shall serve this order upon Petitioner. 

4.         Further notice is not required. 

IT IS SO ORDERED

Dated:  June 2, 2025                                                   _____________________________

                                                                                    Stephen I. Goorvitch

                                                                                    Superior Court Judge