BANDA vs CALIFORNIA NATIVE AMERICAN HERITAGE COMMISSION, et al.

26WM000161: BANDA vs CALIFORNIA NATIVE AMERICAN HERITAGE COMMISSION, et al. 07/24/2026 Order to Show Cause Re: Re: Preliminary Injunction and Temporary Restraining Order in Department 13A

Tentative Ruling

The Court has no tentative ruling at this time. All parties are ordered to appear for oral argument and answer the following questions: 1. Does Real Party in Interest Orange County Sheriff-Coroner (OCSC) have custody of the remains at issue in this case (Remains)? If OCSC does not have custody, what person or entity has custody of the Remains?

2. The proofs of service filed with the Court indicate that Petitioner emailed copies of the Petition, and other pertinent documents to Real Party in Interest, the Juaneño Band of Mission Indians, Acjachemen Nation – Belardes (Belardes), which has not appeared in this action. Additionally, Petitioner has filed an Amended Petition, naming an additional Real Party in Interest, the City of San Clemente (City). However, Petitioner has filed no proof of service indicating that the City was served. Additionally, the proofs of service indicate that Belardes was “electronically served” by email, which service is insufficient to confer jurisdiction.

Petitions for writ of mandate must be served in the same manner as service of a summons in a civil action. (Code Civ. Proc., § 1096; Wagner v. City of South Pasadena (2000) 78 Cal.App.4th 943, 949; see also Code Civ. Proc., §§ 413.10 through 417.40 [governing how petitions must be served].) a. As these parties have not been served, how can the Court issue a preliminary injunction as to these parties?