Accordingly, I started immediately to prepare a verified petition for a peremptory writ of mandate by the Court of Appeal. It took me until October 4, 1996 to finally complete and timely serve the petition and supporting documents on the respondents Board of Education and Superior Court and the Real Party in Interest — the Carlin Plaintiffs.

As my Basis for Relief, I alleged the Final Order was unconstitutional for reasons which repeated largely what I had argued to the trial court: one, it continued indefinitely racially discriminatory assignments of non-class students, whose interests were represented by petitioners; and, two, it continuously denied the democratic rights of non-class students and citizens like petitioner Levorchick, whose interests were represented by petitioners.

My reasons why Appeal Was Not an Adequate Remedy were mainly (1) that it “would place an intolerable burden upon INTERVENORS,” whose limited resources were judicially noticed by SUPERIOR COURT at (an earlier) hearing: and (2) the health reasons noted above.

I then asserted Irreparable Harm:

If SUPERIOR COURT'S “Final Order” is not vacated and modifications made in the integration plan thereunder scheduled for the forthcoming school years, irreparable harm will occur by the continuing violation of the constitutional rights of INTERVENORS and non-class students and parents similarly situated, as alleged above by petitioners.

Further irreparable harm will occur by the continuing expenditure of state integration funds for aforesaid unconstitutional purposes pursuant to a court order lacking constitutional authority, as alleged by petitioners.

Finally came the Prayer that a Peremptory Writ of Mandate Issue:

1. Directing respondent BOARD to provide forthwith for the modification of its Voluntary Integration Plan for the forthcoming school year in accordance with the modifications proposed by petitioners; and

2. Directing respondent SUPERIOR COURT to vacate in its entirety its order of August 16, 1996, and to enter a new order