Sambrano

Sambrano v. Superior Court

Good Law
107 Cal. Rptr. 274·1973 Cal. App. LEXIS 1082·31 Cal. App. 3d 416
Court of Appeal of CaliforniaMarch 30, 1973Civ. 41602California1,296 words

Opinion

Opinion

Thompson, J.

This is a petition for a peremptory writ of mandate to require the trial court to grant petitioner’s motion to disqualify a trial judge pursuant to Code of Civil Procedure section 170.6. We order that the writ be issued.

On July 5, 1972, the supervising judge of the Northeast District of the Los Angeles Superior Court issued two memoranda directing the manner of calendaring criminal matters in the district. One memorandum to the presiding judge of the municipal court states in pertinent part: “Beginning July 10, 1972, all defendants bound over to Northeast District Superior Court will be assigned directly to their trial courts rather than to a Master Calendar Court. This assignment will be made by the Municipal Court Judge or Commissioner before whom the defendant has had a preliminary hearing or has made a certified plea of guilty. [Par.] The Municipal Court will receive the department and date of Superior Court arraignment by calling the Arraignment Clerk in the office of the Superior Court Criminal Courts Coordinator . . . however, the final responsibility, authority and supervision for the calendar management shall remain with the Supervising Judge, Northeast…

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