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People V. Superior Court Of Los Angeles County

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eBook details

  • Title: People V. Superior Court Of Los Angeles County
  • Author : Supreme Court Of California
  • Release Date : January 01, 1993
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 80 KB

Description

This case concerns the appropriate time to file a motion to disqualify a Judge pursuant to Code of Civil Procedure section 170.6 (all further statutory references are to this code unless otherwise indicated).*fn1 The primary issue may be stated as follows: When a master calendar department assigns a case to a "long cause" criminal trial department*fn2 for "trial setting,"  which, if any, of section 170.6, subdivision (2)'s timeliness requirements (the "master calendar" rule, the "all purpose assignment" rule, or the "10-day/5-day" rule) for making motions under that statute apply?  We hold that because respondent court's master calendar department did not operate as a true master calendar, the master calendar rule did not apply. We also hold that petitioner's  section 170.6 challenge was timely under either of the remaining rules.


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