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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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