Proc., l088; Alexander v. Superior Court (1993) 5 Cal.4th 1218, 12221223, 23 Cal.Rptr.2d 397, 859 P.2d 96; Ng v. Superior Court (1992) 4 Cal.4th 29, 35, 13 Cal.Rptr.2d 856, 840 P.2d 961.) Email: DSchiff@pacificlegal.org . The section is based upon the equitable doctrine of virtual representation which rests upon considerations of necessity and paramount convenience, and was adopted to prevent a failure of justice. (Citations.) Peremptory Writ Law and Legal Definition | USLegal, Inc. The members of petitioners' class shall be entitled to the restoration of all those monies withheld pursuant to EAS s 41450.12 from May 15, 1972, or the date of their terminations from, or applications for, assistance, if later; provided, however, that those members of the class who suffered adverse fair hearing decisions by virtue of EAS s 41450.12 on or after May 15, 1972, shall be entitled to retroactive benefits to the same extent that said retroactive benefits would have been granted had those fair hearings been decided in claimants' favor., Paragraph 6 of the amended judgment ordered the issuance of a peremptory writ of mandate and spelled out its provisions in lettered subparagraphs. Balancing is laudable under these circumstances, but is contrary to the direct requirements of the statutory scheme. (See Code Civ. Please try again. 797, 525 P.2d 701), and (2) the provision of Rule 23 that such determination is to be made (a)s soon as practicable after the action has been commenced. DECEMBER 4, 2015 282. . (City of San Jose v. Superior Court, supra, 12 Cal.3d 447 at pp. Unless otherwise noted, all further references are to the Welfare and Institutions Code. We imply no view on the persuasiveness of Swenson under the earlier statutory language. Unless otherwise noted, all further references are to the Welfare and Institutions Code. This reading equates notice with knowledge of the assignment rather than service of notice of the assignment. 1957), the court observed that Two types of writs of mandamus are recognized and defined by the statutes of Nebraska. (b) and (d).) 4 and the last sentence of fn. WebForm: Return to Petition for Writ of Mandate, Prohibition, or Other Alternative Relief. (a)). 1027, 1042 and cases there cited. Law Library for San Bernardino County 1872) pp.
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