L.A. County Metropolitan Transportation Authority v. Superior Court
Annotate this CaseThe Court of Appeal granted MTA's petition for writ of mandate arising from a special proceeding it filed on March 8, 2021, to quash a search warrant. The court concluded, and counsel for respondent conceded, that a magistrate's decision to authorize a search warrant does not constitute a decision on a contested fact issue relating to the merits under Code of Civil Procedure section 170.6. The court explained that an application for a search warrant is an ex parte procedure and not a hearing for purposes of section 170.6; the relevant hearing is accordingly the hearing on the motion challenging the warrant; and MTA's challenge was timely filed prior to that hearing and should have been granted.
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