Q: If The App-Department feels 3 of 4 issues I addressed in My Writ-Pet. are for an Appeal will they grant the Writ(cont.)
If I have raised issues in My Writ of Mandate-Prohibition that The Justices feel are for an Appeal, but one issue they agree can be heard via a Writ petition-will The Appeals Department let me know that this this and this issue need to be brought up in an Appeal , but the Justices may grant-or not grant the Writ Petition on only one of the issues I have raised?
A:
Under California law, when a petitioner files a writ petition (such as a writ of mandate or prohibition) with the Court of Appeal, the court will review the petition to determine whether the issues raised are appropriate for writ relief or whether they should be addressed through a regular appeal process.
If the Court of Appeal determines that some of the issues raised in the writ petition are more suitable for an appeal, while one issue may be appropriate for writ relief, the court has the discretion to proceed in the following manner:
1. The court may issue an order indicating that certain issues should be raised in a separate appeal and that the court will only consider the issue(s) it deems appropriate for writ relief.
2. The court may grant or deny the writ petition solely on the issue(s) it considers suitable for writ relief, without addressing the other issues that it believes should be raised in an appeal.
In such cases, the Court of Appeal will typically inform the petitioner of its decision and the reasons behind it. The petitioner will then have the opportunity to file a separate appeal for the issues that the court determined were not suitable for writ relief.
It is important to note that the Court of Appeal has discretion in deciding whether to grant or deny a writ petition, even if it finds one or more issues appropriate for writ relief. The court's decision will depend on the specific facts and circumstances of the case.
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