Opinion

MacPhail v. Court of Appeal

  • 39 Cal. 3d 454
  • 217 Cal. Rptr. 36
  • 703 P.2d 374
  • 44 Fair Empl. Prac. Cas. (BNA) 1147
  • 1985 Cal. LEXIS 315
Court
California Supreme Court
Filed
Aug 8, 1985
Status
Published
Author
Grodin
On the bench
Broussard, Grodin, Lucas, Mosk, Gilbert
Cited by
5 cases
Authority
More cited than 6.6%

The opinion

GRODIN, J., Concurring.

I find considerable merit in Judge Gilbert’s criticism of the rule that issuance of the alternative writ constitutes a determination of the inadequacy of available legal remedies, and I agree that the rule should be reconsidered. The peculiar procedural history of this case, however, makes it in my view a less than ideal vehicle for that purpose. I *458 therefore concur in the judgment, subject to the reservations I expressed in the “companion” case, State Personnel Bd. v. Fair Employment & Housing Com. (1985) ante, page 422 [ 217 Cal.Rptr. 16 , 703 P.2d 354 ].

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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