December 13, 2010

Writ petition filed — and transferred — in state-buildings-sale case. UPDATE: Stay of sale issued

Plaintiffs’ counsel today made good on his pledge to challenge Friday’s denial of a preliminary injunction to halt the impending sale to private owners of a number of state buildings, including the Supreme Court’s San Francisco and Los Angeles homes. Plaintiffs filed a writ petition (Epstein v. Superior Court) in the First District Court of Appeal, which, as we noted, sits in one of the buildings that is the subject of the lawsuit. Likely because of that fact, the Court of Appeal immediately asked the Supreme Court to transfer the case to another appellate district and the Supreme Court just as quickly agreed, sending the appeal to the Sixth District in San Jose, where the case has already been docketed. According to an exhibit in the plaintiffs’ complaint (exhibit B), it appears the Sixth District does not sit in a state building, but rents its space from a private landlord.

UPDATE: The Sixth District has now issued a stay order. As posted on the court’s on-line docket, the order says, “To permit further consideration of the issues raised by the petition for writ of mandate, and good cause appearing, the sale of the 11 state-owned properties, currently schedule to close on 12/15/10 is stayed until further order of this court. Real parties in interest may file on 12/27/10 in [sic] preliminary opposition to the petition. If real parties in interest file a preliminary opposition, petitioners may file a reply to the opposition on 12/29/10.”

Leave a Reply