Wiltgen v. Superior Court CA4/2

Filed 1/27/14 Wiltgen v. Superior Court CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

LEAH WILTGEN et al.,

Petitioners, E059852

v. (Super.Ct.No. INC1100102)

THE SUPERIOR COURT OF OPINION RIVERSIDE COUNTY,

Respondent;

WILLIAM J. HEALEY III et al.,

Real Parties in Interest.

ORIGINAL PROCEEDINGS; petition for writ of mandate. John G. Evans, Judge.

Petition is granted in part and denied in part with directions.

Best, Best & Krieger, Irene S. Zurko and Kira L. Klatchko for Petitioners.

No appearance for Respondent.

Kramer, Deboer & Keane and Jeffrey G. Keane for Real Parties in Interest.

1

DISCUSSION

In this matter we have reviewed the petition and the opposition filed by real parties

in interest. While real parties’ failure to address the essential merits of the case could be

deemed a concession, we have determined that resolution of the matter involves the

application of settled principles of law, and that issuance of a peremptory writ in the first