§ 1085

Citation: § 1085
Parent Document: Cardenas v. Noren, 235 Cal. App. 3d 1344 (1991)
Jurisdiction: California (state)
Effective Date: 1991-11-08
Original Source: https://www.courtlistener.com/opinion/2119762/cardenas-v-noren/ ↗

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Appellant filed in the superior court a petition for a peremptory writ of mandate against the sheriff on September 24, 1990. Appellant sought a writ ordering the sheriff to set aside its execution of the writ of possession against petitioner, and to restore him to possession of the premises. The trial court denied the petition, finding appellant should have presented a claim of right to possession pursuant to section 1174.3. Appellant assigns as error the denial of the petition for writ of mandate. Discussion

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