Cruz v. Super. Ct. CA4/2 ( 2015 )


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  • Filed 5/13/15 Cruz v. Super. Ct. 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    NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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
    PETER CASEY CRUZ,
    Petitioner,                                                     E063224
    v.                                                                       (Super.Ct.No. RIC463349)
    THE SUPERIOR COURT OF                                                    OPINION
    RIVERSIDE COUNTY,
    Respondent;
    THE PEOPLE,
    Real Party in Interest.
    ORIGINAL PROCEEDINGS; petition for writ of prohibition/mandate. Petition is
    granted.
    Peter Casey Cruz, in pro. per.
    No appearance for Respondent.
    Michael A. Hestrin, District Attorney, and Natalie M. Pitre, Deputy District
    Attorney, for Real Party in Interest.
    1
    Although a proceeding under the Sexually Violent Predators Act (Welf. & Inst.
    Code, §§ 6600 et seq.) is in the nature of a civil proceeding (People v. McDonald (2013)
    
    214 Cal. App. 4th 1367
    ), where a substantial liberty interest is implicated, the technical
    label is not controlling. It is inappropriate to place financial obstacles in the path of one
    seeking to defend such an interest. (See Smith v. Bennett (1961) 
    365 U.S. 708
    .)
    Although the superior court has not filed a response, the People agree that no
    filing fee can be charged to petitioner. The People have also informed this court that the
    explanation for the rejection of petitioner’s paperwork has been deleted from the court’s
    minutes; it is therefore unclear whether the superior court has rethought its position. The
    petition for writ of prohibition/mandate is therefore granted.
    DISPOSITION
    We issue this order to clarify the rights and obligations of the parties.
    Let a peremptory writ of prohibition/mandate issue, directing the Superior Court
    of Riverside County to accept for filing, without fee, motions and applications presented
    by petitioner in respect to the proceedings under the Sexually Violent Predators Act.
    Petitioner is directed to prepare and have the peremptory writ of
    prohibition/mandate issued, copies served, and the original filed with the clerk of this
    court, together with proof of service on all parties.
    2
    This order shall be final forthwith.
    NOT TO BE PUBLISHED IN OFFICIAL REPORTS
    RAMIREZ
    P. J.
    We concur:
    HOLLENHORST
    J.
    KING
    J.
    3
    

Document Info

Docket Number: E063224

Filed Date: 5/13/2015

Precedential Status: Non-Precedential

Modified Date: 4/18/2021