Stubblefield Construction Co. v. Superior Court

In this matter we are, as happens far too often, called upon to reconcile and attempt to harmonize two statutes which strenuously resist any effort to make sense of them. Of the two possible results argued by the parties, neither is either compelled or compelling. Nevertheless, in our view the conclusion we reach comports best with the intent of the Legislature as we understand it and does the least violence to the English language. We find that petitioners’ attempt to disqualify the trial judge was timely and that the trial court erred in finding otherwise.

The facts of the underlying case are not significant. Earlier proceedings resulted in a summary judgment in favor of real parties in interest the City of San Bernardino and related defendants (hereinafter City). However, on appeal by petitioners Stubblefield Construction Co. et al. (hereinafter Stubblefield), we reversed the summary judgment in part and remanded for further proceedings. Our opinion was filed on June 28, 1999, and the remittitur was received by the trial court on August 31 of that year.

On September 17, the clerk of the court notified the parties that the case had been assigned to the Honorable…