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Stratton v. Superior Court (Sandra L. Sadler)

California Court of Appeals, Fourth District, Second Division
Jun 9, 2009
No. E048315 (Cal. Ct. App. Jun. 9, 2009)

Opinion

NOT TO BE PUBLISHED

ORIGINAL PROCEEDINGS; petition for writ of mandate. J. Michael Welch and James C. McGuire, Judges, Super.Ct.No. PROPS0800724.

Al Woodward for Petitioner.

No appearance for Respondent.

No appearance for Real Party in Interest.


OPINION

MILLER, J.

In this matter, we have reviewed the petition and independently considered the law. We have assumed, arguendo, that petitioner was not required to give notice to real party in interest, but we deem it appropriate to grant essentially ex parterelief, which does not substantively affect real party in interest.

DISPOSITION

Pursuant to the confidentiality requirements of California Rules of Court, rule 1.100, the Superior Court of San Bernardino County is directed to remove from its Web site, and other publicly accessible sites, all records and documentation relating to petitioner’s request for accommodation under the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.).

However, petitioner’s request for accommodation through a delay in trial has the potential to negatively affect real party in interest, both procedurally and substantively. We do not believe that California Rules of Court, rule 1.100, requires or even authorizes the court to take such action without giving the other party the opportunity to respond. Accordingly, the denial of the ex parte request was correct.

Petitioner to bear his own costs.

Petitioner is directed to prepare and have the peremptory writ of mandate issued, copies served, and the original filed with the clerk of this court, together with proof of service on all parties.

We concur: RAMIREZ P. J., GAUT J.


Summaries of

Stratton v. Superior Court (Sandra L. Sadler)

California Court of Appeals, Fourth District, Second Division
Jun 9, 2009
No. E048315 (Cal. Ct. App. Jun. 9, 2009)
Case details for

Stratton v. Superior Court (Sandra L. Sadler)

Case Details

Full title:CHARLES E. STRATTON, Petitioner, v. THE SUPERIOR COURT OF SAN BERNARDINO…

Court:California Court of Appeals, Fourth District, Second Division

Date published: Jun 9, 2009

Citations

No. E048315 (Cal. Ct. App. Jun. 9, 2009)