Carmax Auto Superstores California v. Super. Ct. CA4/2

Filed 4/15/15 Carmax Auto Superstores California v. Super. Ct. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

CARMAX AUTO SUPERSTORES CALIFORNIA, LLC, E062879 Petitioner, (Super.Ct.No. RIC1406023) v. OPINION THE SUPERIOR COURT OF RIVERSIDE COUNTY,

Respondent;

TRINIDAD HERRERA et al.,

Real Parties in Interest.

ORIGINAL PROCEEDINGS; petition for writ of mandate/prohibition. Craig

Riemer, Judge. Petition granted.

Ogletree, Deakins, Nash, Smoak & Stewart, Jack S. Sholkoff and Patricia M. Jeng,

for Petitioner.

1

Gartenberg Gelfand Hayton, Aaron C. Gundzik and Rebecca G. Gundzik; Law

Office of Neal J. Fialkow and Neal J. Fialkow, for Real Parties in Interest.

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

in interest. 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 instance is

therefore appropriate. (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171,

178.)

DISCUSSION