Ascherman v. Bales

78 Cal. Rptr. 445 (1969)

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Ascherman v. Bales

California Court of Appeal
78 Cal. Rptr. 445 (1969)

  • Written by Sharon Feldman, JD

Facts

Stanford Ascherman (plaintiff) sought a writ of mandate to compel Bruce Bales (defendant), the Marin County district attorney, to charge Vivian Schandelmeier with perjury. Ascherman alleged that Schandelmeier gave perjured testimony in connection with Ascherman’s application for admission to Marin General Hospital’s medical staff. Ascherman’s petition was denied. On appeal, Ascherman argued that Bales’s failure to prosecute Schandelmeier was an abuse of discretion that the district court should have remedied by mandamus.

Rule of Law

Issue

Holding and Reasoning (Molinari, J.)

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