Opinion
A160894
11-24-2021
CENTER STREET DEVELOPMENT COMPANY, Petitioner, v. THE SUPERIOR COURT OF MENDOCINO COUNTY, Respondent. THE LALANNE RANCH PARTNERSHIP, Real Party in Interest.
NOT TO BE PUBLISHED
Mendocino County Sup. Ct. No. SCUK-CVG-2018-71114
BY THE COURT:In accordance with our prior notification to the parties that we might do so, we will direct issuance of a peremptory writ in the first instance. (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 177-180.) Petitioner's right to relief is obvious, and no useful purpose would be served by issuance of an alternative writ, further briefing, and oral argument. (Ng v. Superior Court (1992) 4 Cal.4th 29, 35; see Lewis v. Superior Court (1999) 19 Cal.4th 1232, 1236-1237, 1240-1241; Brown, Winfield & Canzoneri, Inc. v. Superior Court (2010) 47 Cal.4th 1233, 1240- 1244.)
In its August 20, 2020 order, respondent court erred by granting summary adjudication on real party in interest's second (quiet title) and third (declaratory relief) causes of action. Therefore, let a peremptory writ of mandate issue directing respondent superior court to set aside and vacate the August 20, 2020 order granting real party in interest's motion for summary adjudication and to enter a new order denying the motion.
In the interests of justice and to prevent further delays, this decision shall be final as to this court immediately. (Cal. Rules of Court, rule 8.490(b)(2)(A).) The remittitur will issue immediately upon the finality of this opinion as to this court, should the parties so stipulate. (Cal. Rules of Court, rules 8.272(c)(1) and 8.490(d).)