Villarruel

This original proceeding was brought in this Court to prohibit the superior court from trying the case entitled People v. Villarruel before a judge who allegedly had been disqualified under Code of Civil Procedure section 170.6. The sole issue is the timeliness of the motion for disqualification made by the defendant in that case, who is petitioner here.

On May 2, 1973, defendant was arraigned on an information and pleaded not guilty in department F of the east district of the superior court, where Judge Firth was presiding. Pretrial conference was set for May 16 in the same department.

On May 16 defendant waived “time for trial” and the .pretrial was continued to May 31, and again to June 7.

On June 7 Judge Firth, sitting in department F, ordered the case set for trial July 24 in department R of the east district.

On July 24 there was a hearing in department R, where Judge Goebel was then presiding. On defendant’s motion the trial was continued to October 15, 1973.

On October 3, 1973, defendant filed in the superior court a declaration under penalty of perjury that Judge Goebel was prejudiced against defendant so that he believed he could not have a fair and…