Fairfield

The petitioner seeks a writ of prohibition to restrain the superior court from proceeding in accordance with an order whereby the action of Joseph W. Fairfield v. Jesse A. Hamilton et al., “and each, every and all proceedings pending between any of the parties" was transferred by the presiding judge to the Honorable Alfred Gitelson “for all further proceedings under rule 4, section 18, of the Rules of the Superior Court of Los Angeles County." The petitioner contends that effect should be given to his affidavit filed pursuant to section 170.6 of the Code of Civil Procedure.

In February of 1961, after a trial by jury, a judgment was entered in favor of the plaintiff Fairfield, petitioner herein, and against the defendants Hamilton and Hagan. On March 20, 1961, the motion of the defendant Hagan for a new trial was granted. The plaintiff filed a notice of appeal from that order on March 28, 1961. The order was affirmed on August 8. 1962. (Fairfield v. Hamilton, 206 Cal.App.2d 594 [ 24 Cal.Rptr. 73 ].) Since a judgment of nonsuit in favor of the defendant Ahlstrom was also affirmed on appeal and since the judgment as to the defendant Hamilton has become final, the only parties as to…