Attorneys for the state of California allege Lassen County Superior Court Judge Mark Nareau abused the court’s discretion when he denied a change of venue motion in the city of Susanville’s legal action to stop the closure of the California Correctional Center.
The Third District Court of Appeals issued a three page ruling Tuesday, Oct. 19 asking Nareau to change his change of venue ruling before it took action to vacate the local decision.
According to the court of appeal ruling, “This court is considering issuing a peremptory writ of mandate in the first instance, i.e., without first issuing an alternative writ … Respondent court may avoid issuance of the writ by vacating its ruling of Aug. 23, 2021, denying petitioners’ motion to change venue and by issuing a new and different order that grants the motion to change venue.
“In the event the court is considering proceeding in this manner, it must afford the parties notice and an opportunity to be heard before vacating its earlier decision.” But the appeals court ruled the rest of Nareau’s decision would stand.
According to the appeals court ruling, “To the extent petitioners request that we also set aside and vacate the preliminary injunction and all trial court orders issued after respondent court’s denial of the motion, we decline to do so at this time.
“Respondent court is requested to inform this court of any relevant action that it takes in the case consistent with this notice and to provide a status update on or before Nov. 2, 2021. If respondent court chooses to change its order in the manner described herein, this court will dismiss the instant petition as moot.”