Lee v. Superior Court
Filed 12/15/09 Lee 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
RONNIE LEE, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; THE PEOPLE, Real Party in Interest. | E049302 (Super.Ct.No. RIC526507) OPINION |
ORIGINAL PROCEEDINGS; petition for writ of mandate. Sharon J. Waters, Judge. Petition granted.
Ronnie Lee, in pro. per., for Petitioner.
No appearance for Respondent.
No appearance for Real Party in Interest.
INTRODUCTION
In this matter, we have reviewed the petition and invited respondent and real party in interest to respond. 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
Petitioner has included with his petition a copy of the application submitted in support of his request for a fee waiver. Although it is not on a Judicial Council form, it contains the required information and establishes petitioners indigency. (See Gov. Code, 68633.) Accordingly, given petitioners incarceration, the trial court should have granted the application to the extent required by law.
DISPOSITION
Accordingly, the petition for writ of mandate is granted. Let a peremptory writ of mandate issue directing the Superior Court of Riverside County to vacate its order denying petitioners application for an initial fee waiver, and to enter a new order granting said motion to the extent required by law.
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.
This opinion shall be final forthwith.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
HOLLENHORST
Acting P. J.
We concur:
McKINSTER
J.
KING
J.
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