ROBERT GARBER, Petitioner, vs. COUNTY OF LOS ANGELES; DEPARTMENT OF SOCIAL SERVICES Respondent.
CASE NO: 19VECP00553
[TENTATIVE] ORDER RE:
MOTION TO RE-CHARACTERIZE THE COUNTY OF LOS ANGELES, A PUBLIC ENTITY, AS A REAL PARTY IN INTEREST
Dept. T
8:30 a.m.
October 28, 2020
[TENTATIVE] ORDER: The Motion to Re-Characterize the County of Los Angeles, a public entity, as a real party in interest is GRANTED.
Introduction
Respondent County of Los Angeles (“County”) moves to re-characterize its designation in this action as a Real Party in Interest.
Discussion
Despite the County’s contention that CCP §1094.5 provides legal authority for the relief requested, the statute does not authorize the Court to “re-characterize” a party from “respondent” to a “real party in interest.” The statute merely authorizes the review of administrative orders or decisions as to “questions whether the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; and whe
Hearing Date
October 28, 2020
Type
Other Writ /Judicial Review (General Jurisdiction)
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ROBERT GARBER, Petitioner, vs. COUNTY OF LOS ANGELES; DEPARTMENT OF SOCIAL SERVICES Respondent.
CASE NO: 19VECP00553
[TENTATIVE] ORDER RE:
MOTION TO RE-CHARACTERIZE THE COUNTY OF LOS ANGELES, A PUBLIC ENTITY, AS A REAL PARTY IN INTEREST
Dept. T
8:30 a.m.
October 28, 2020
[TENTATIVE] ORDER: The Motion to Re-Characterize the County of Los Angeles, a public entity, as a real party in interest is GRANTED.
Introduction
Respondent County of Los Angeles (“County”) moves to re-characterize its designation in this action as a Real Party in Interest.
Discussion
Despite the County’s contention that CCP §1094.5 provides legal authority for the relief requested, the statute does not authorize the Court to “re-characterize” a party from “respondent” to a “real party in interest.” The statute merely authorizes the review of administrative orders or decisions as to “questions whether the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; and whe