Application to stay, pending consideration of a petition for
certiorari, California Superior Court proceedings in which
applicant is a defendant is granted temporarily, pending receipt
and consideration of a response to the application, notwithstanding
inexcusable delay in filing the application.
MR. JUSTICE REHNQUIST, Circuit Justice.
Applicant requests that proceedings in the Superior Court of the
State of California for the County of San Diego in which it is a
defendant be stayed as to it pending consideration by this Court of
its petition for a writ of certiorari to review the judgment of
that court filed March 20, 1978. I have decided to grant a
temporary stay of the proceedings against applicant pending receipt
and my consideration of a response to the application.
Applicant has, in my opinion, inexcusably delayed the filing of
its application for a stay. The Supreme Court of the State of
California denied applicant's petition for hearing on its request
for a writ of mandate on July 27, 1978. On August 3, 1978, the
Superior Court granted applicant 30 days from July 27, 1978, until
August 28, in which to plead, but denied any additional stay of the
proceedings. Applicant did not seek any further stay of the
proceedings from either the California Court of Appeal or the
California Supreme Court. Nevertheless, it did not file its
application for a stay in this Court until August 22, nearly three
weeks after the Superior Court's order and only six days before it
was required to plead.
Page 439 U. S. 1356
It is only because a delay of a few days will have virtually no
effect on the progress of the state court proceedings that I have
decided to grant this temporary stay. It should be noted, however,
that, in deciding whether to grant or deny any further relief of
this nature beyond that provided in this order, I shall take into
consideration the above-described delay on the applicant's
part.
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