State Water Resources Control Bd. v. Superior Court
Petitioner, the State Water Resources Control Board (State Water Board), is one of several parties in an administrative mandamus proceeding in respondent superior court (Code Civ. Proc.,[2] § 1094.5) brought by Millview County Water District (Millview) and individuals Thomas P. Hill and Steven L. Gomes. The case concerns the State Water Board’s cease and desist order preventing Millview from diverting more water than it is lawfully allowed to divert. By this timely petition for writ of mandate (§ 400), the State Water Board contends the superior court erred in denying its motion to transfer venue to a neutral county or refer the case to the Judicial Council for assignment of an out-of-county judge (§ 394, subd. (a), hereafter section 394(a)). We agree. Having previously stayed all proceedings in the superior court, we will order issuance of a peremptory writ.
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