DANIEL E

DANIEL E. LUNGREN,
    Attorney General of the State of California
LINDA A. CABATIC,
    Senior Assistant Attorney General
EILEEN GRAY,
    Supervising Deputy Attorney General
THOMAS A. BLAKE, (State Bar No. 51885)
    Deputy Attorney General
50 Fremont Street, Suite 300
San Francisco, California 94105-2239
Telephone: (415) 356-6566

Attorneys for: Respondents SUPREME COURT OF CALIFORNIA, CALIFORNIA COURT OF APPEAL, and JUDICIAL COUNCIL OF CALIFORNIA

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE CITY AND COUNTY OF SAN FRANCISCO

MICHAEL SCHMIER, et al.,

Petitioner,

v.

SUPREME COURT OF CALIFORNIA,
CALIFORNIA COURTS OF APPEAL,
and CALIFORNIA JUDICIAL COUNCIL,

Respondents.

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CASE NO. 995232
NOTICE OF HEARING ON
DEMURRER; MEMORANDUM OF
POINTS AND AUTHORITIES
Date: July 3, 1998
Time: 9:30 a.m.
Dept: 302 Hon. Raymond D. Williamson

Action Filed: May 22, 1998

TO PLAINTIFF MICHAEL SCHMIER AND HIS ATTORNEY OF RECORD:

Please take notice that a hearing on defendant's demurrer to the complaint will be held Friday, July 3, 1998 at 9:30 am in Department 302 of the above-entitled court, the Honorable Raymond D. Williamson, presiding.

DEMURRER

COMES NOW DEFENDANT SUPREME COURT OF CALIFORNIA, CALIFORNIA COURT OF APPEAL (sued herein as "California Courts of Appeal"), and CALIFORNIA JUDICIAL COUNCIL. and demurs to the Complaint for Damages for Injunctive Relief / Petition for Writ of Mandate or Prohibition on file herein (hereafter, "the complaint") on the following ground specified by Code of Civil Procedure §430.10:

Code of Civil Procedure §430. 10(a): The court has no jurisdiction of the subject of the cause of action alleged in the pleading; and
Code of Civil Procedure §430.10(a): The person who filed the pleading does not have the legal capacity to sue; and
Code of Civil Procedure §430. 10(e): The complaint does not state facts sufficient to constitute a cause of action in that it does not allege a cause of action.

This demurrer is based on the complaint, the accompanying memorandum of points and authorities, and the other papers, records, and documents on file herein.

WHEREFORE, defendant prays that this demurrer be sustained and the complaint be dismissed.

Dated: June 11, 1998

Respectfully submitted,

DANIEL E. LUNGREN, Attorney General of the State of California
LINDA A. CABATIC,
Senior Assistant Attorney General
EILEEN GRAY, Supervising
Deputy Attorney General

THOMAS A. BLAKE.
Deputy Attorney General

Attorneys for Respondents SUPREME COURT OF
CALIFORNIA, CALIFORNIA COURT OF
APPEAL, and JUDICIAL COUNCIL OF
CALIFORNIA