Cox v. Super. Ct.
Annotate this CasePetitioner Ernest Cox was incarcerated at Mule Creek State Prison. He filed a civil complaint against real parties in interest, officials and employees of the California Department of Corrections and Rehabilitation (CDCR), seeking monetary damages. Simultaneously, he filed a petition for relief from the government claims filing requirement. "The complaint is not a model of clarity, but in general alleges claims of sexual harassment, intentional infliction of emotional distress, and violation of due process." Respondent superior court deemed the civil complaint to be a petition for writ of habeas corpus, which the court then denied. Petitioner filed a petition for writ of mandate with the Court of Appeal, asserting respondent superior court erred in deeming the civil complaint to be a habeas corpus petition and that the court had to consider his petition for relief from the government claims filing requirement on its merits. Real parties in interest conceded respondent superior court erred. The Court of Appeal agreed, and ordered the issuance of a peremptory writ of mandate.
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