Nature of Proceedings: Motion Protective Order
Motion of Plaintiff for Protective Order
Ruling:
As set forth herein, the motion of petitioner John J. Schmidt for a protective order is granted in part and denied in part.
Background:
This is a putative class action petition for writ of mandamus against the California Highway Patrol (“CHP”) asserting that the CHP has failed to comply with obligations set forth in Penal Code sections 849.5 and 851.6 regarding reclassification of an arrest as a detention. The CHP disputes plaintiff’s contentions based upon an interpretation of the Penal Code sections different from plaintiff.
The operative pleading, the first amended petition for writ of mandamus of petitioner John J. Schmidt (the “FAP”), alleges that Schmidt was arrested on May 1, 2011, by the CHP. (FAP, ¶ 19.) Schmidt was released from custody. (Ibid.) On August 12, he received a letter from the Santa Barbara County District Attorney’s Office notifying him that his case
Hearing Date
March 12, 2013
For full print and download access, please subscribe at https://www.trellis.law/.
Nature of Proceedings: Motion Protective Order
Motion of Plaintiff for Protective Order
Ruling:
As set forth herein, the motion of petitioner John J. Schmidt for a protective order is granted in part and denied in part.
Background:
This is a putative class action petition for writ of mandamus against the California Highway Patrol (“CHP”) asserting that the CHP has failed to comply with obligations set forth in Penal Code sections 849.5 and 851.6 regarding reclassification of an arrest as a detention. The CHP disputes plaintiff’s contentions based upon an interpretation of the Penal Code sections different from plaintiff.
The operative pleading, the first amended petition for writ of mandamus of petitioner John J. Schmidt (the “FAP”), alleges that Schmidt was arrested on May 1, 2011, by the CHP. (FAP, ¶ 19.) Schmidt was released from custody. (Ibid.) On August 12, he received a letter from the Santa Barbara County District Attorney’s Office notifying him that his case