Pinkins v. Superior Court
Filed 3/15/13 Pinkins 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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
FOURTH APPELLATE DISTRICT
DIVISION TWO
TONYA PINKINS,
Petitioner,
v.
THE SUPERIOR COURT OF
RIVERSIDE COUNTY,
Respondent;
ERIC BLAIR WINTER,
Real
Party in Interest.
E055799
(Super.Ct.No.
RID1104042)
OPINION
ORIGINAL
PROCEEDINGS; petition for writ of mandate. Tamara Wagner, Temporary Judge. Petition granted.
Tonya
Pinkins, in pro. per., for Petitioner.
No
appearance for Respondent.
No
appearance for Real Party in Interest.
In this matter, we
have requested a response from real party in interest, but none has been
received. Given the lapse of time since
the petition was filed, we consider it appropriate simply to authorize
petitioner to submit a new application for a fee waiver to the trial court
containing her updated information, and to direct the trial court to consider
any such application under the statutory
standards.
DISPOSITION
Let a peremptory
writ of mandate issue, directing the Superior
Court of Riverside
County to modify its order denying
petitioner’s request for a fee waiver to provide that the denial is without
prejudice. Should petitioner submit an
updated application, the trial court is further directed to consider any such
application under the statutory standards and, if the application is granted,
to proceed appropriately with respect to any proffered filings by petitioner.
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.
In the
bear their own costs.
NOT
TO BE PUBLISHED IN OFFICIAL REPORTS
McKINSTER
Acting P. J.
We concur:
HOLLENHORST
J.
KING
J.
