Micro/Vest Corp. v. Superior Court

This petition challenges a ruling by one superior court judge that another judge of the same court was disqualified under Code of Civil Procedure section 170.6 and that his partial summary judgment ruling was void. We conclude that the second judge had no authority to review the first judge’s ruling on the section 170.6 challenge and that the first judge’s ruling should be reinstated. We issue peremptory writ of mandate.

The underlying lawsuit concerns a convertible promissory note assigned by Mariner Corp. to petitioner, Micro/Vest, a California corporation. Under authority of the note, Micro/Vest sought to exercise an option to obtain a 20 percent stock ownership in corporate entities owned by real parties in interest. Real parties asserted that the note was not assignable and refused to honor the option. Micro/Vest sued for specific performance of the option agreement.

On November 23, 1981, Micro/Vest moved for partial summary judgment seeking, inter alia, a declaration that the note was on its face assignable and that no oral agreement was made that it would not be assigned. The first hearing on the motion took place December 31, 1981, before Judge Robert Kroninger,…