What is the test for a writ of mandate directing the Superior Court to reinstate a People's petition seeking a judicial review of a magistrate's order denying a search warrant for search warrants?

Preliminarily, we note that the legality of the search is not ripe for review, since the superior court has not ruled on the issue. The only question before [187 Cal.App.3d 652] us is whether the superior court erred in declining to consider the merits of the People's petition. While we recognize that we have no authority to order the superior court to exercise its discretion in a particular way, when, as here, that court has erroneously refused to exercise its discretion at all, we may direct it to do so. (Burnett v. Superior Court (1974) 12 Cal.3d 865, 869-870, 117 Cal.Rptr. 556, 528 P.2d 372.) For the reasons that follow, we conclude that the superior court erred in denying the People writ review of the magistrate's order. Accordingly, we shall issue a writ of mandate directing the superior court to reinstate the People's petition and rule on the merits of the controversy.