Alfredo Gomez, Petitioner v. the Superior Court of Lassen County, Respondent; Tom Felker, as Warden

Summary

The court held that Code of Civil Procedure section 259, subdivision (a) authorizes a court commissioner to summarily grant or deny ex parte petitions for writs of mandate and habeas corpus. It further held that, when the petition concerns a prisoner's rights or conditions of confinement rather than a collateral challenge to the underlying conviction, deciding the petition is a subordinate judicial duty permitted by the California Constitution. The Court of Appeal's denial of relief was affirmed.