Opinion
S266600
02-08-2021
PEYTON (RAYMOND E.) ON H.C.
F081924 Fifth Appellate District
Petition for review granted; transferred to Court of Appeal, Fifth Appellate District, with directions to issue an order to show cause
The petition for review is granted. The matter is transferred to the Court of Appeal, Fifth Appellate District. That court is ordered to vacate its summary denial dated December 30, 2020, and is further ordered to issue an order to show cause, returnable before that court, as to whether the trial court properly converted the complaint under 42 U.S.C. section 1983 into a petition for writ of habeas corpus. (See Cox v. Superior Court (2016) 1 Cal.App.5th 855, 860.)
Votes: Cantil-Sakauye, C. J., Corrigan, Liu, Cuéllar, Kruger, Groban, and Jenkins, JJ.