Pac. & Sw. Annual Conference of United Methodist Church v. Superior Court of San Diego Cty.

Petitioner Pacific and Southwest Annual Conference of the United Methodist Church (Conference) seeks a writ of mandate (Code Civ. Proc., § 1085) commanding the respondent superior court to disqualify the Honorable Ross G. Tharp, judge of that court (Code Civ. Proc., § 170, subd. 5), from further hearing of any matter in the underlying action. Alternatively, the Conference requests a writ (Code Civ. Proc., § 1103) prohibiting Judge Tharp from hearing any matters in the underlying action. Judge Tharp is challenged for bias and prejudice shown against the Conference (Code Civ. Proc., § 170, subd. 5) in pretrial hearings.

This court directed the respondent superior court and Frank T. Barr et al. (Real Party in Interest) to appear and show cause why Judge Tharp should not be prohibited from hearing further matters in the underlying action.

Upon application by the Conference, we directed that all proceedings before Judge Tharp be stayed without prejudice to further proceedings before another judge. The superior court did not proceed before another judge, thereby necessitating further proceedings in this court.

The Underlying Action

The underlying action is a suit for $266…