Garin v. Pelton

California Court of Appeal Aug 4, 1922 No. Civ. No. 4187.Published

Before: NOURSE, J. —

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Holding. The court held that a writ of prohibition cannot be issued to prevent the closing of a street because the underlying proceedings are not judicial in nature.

Issues

Whether the proceedings to close a street in San Leandro are judicial in nature such that they may be prohibited by a writ.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“It was there held that certiorari would not lie to review the proceedings because they were not judicial, and for the same reason prohibition cannot lie.”

[1] This is an appeal from a judgment adverse to plaintiff in an action seeking to prohibit respondents from closing a certain street in San Leandro. Respondents insist that the proceedings which appellant sought to prohibit were not judicial. The proceedings are the same as those considered inGarin v. Pelton, ante, p. 672 [209 P. 377]. It was there held that certiorari would not lie to review the proceedings because they were not judicial, and for the same reason prohibition cannot lie.

The judgment is affirmed.

Sturtevant, J., and Langdon, P. J., concurred.

A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on October 2, 1922.

All the Justices present concurred.

Richards, J., pro tem., was acting. *Page 675

Garin v. Pelton

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