Court Filings

The Court of Appeal (First Appellate District, Div. Three) reviewed a challenge to probation condition no. 24, which allowed the probation department to jail a probationer for up to 120 days if he did not "successfully complete" residential treatment and denied credits for time in unsuccessful programs. Although Emrick’s probation was later terminated and he received the disputed custody credits, the court exercised discretion to decide the issues because they are recurring. The court held the condition impermissibly delegated core judicial authority to probation and was invalid for failing to reflect a knowing waiver of the statutory right to custody credits under Penal Code section 2900.5.

The Court of Appeal granted a peremptory writ directing the Contra Costa County Superior Court to vacate its minute order that denied a petition for mandate brought by four teachers challenging West Contra Costa Unified School District’s staffing practices. The trial court had denied the writ based on the District’s claim it was impossible to fully staff classrooms with credentialed teachers. The appellate court held the District failed to prove it had exhausted statutory procedures (including seeking waivers from state entities) before asserting impossibility, so the defense was premature and the denial of the writ was reversed for entry of an order denying the petition.