La Seigneurie U.S. Holdings, Inc. v. Superior Court of L.A. Cty.

Good Law
1994 Cal. App. LEXIS 1121·29 Cal. App. 2d 1500·29 Cal. App. 4th 1500·35 Cal. Rptr. 2d 175·94 Daily Journal DAR 15677
Court of Appeal of CaliforniaNovember 4, 1994B083752California1,827 words

Opinion

Opinion

Boren, J.

Petitioner, La Seigneurie U.S. Holdings, Inc. (LSUS), seeks a writ of mandate directing the superior court to set aside an order denying its Code of Civil Procedure section 170.6 motion to disqualify Judge Ronald M. Sohigian.

On January 7, 1994, real party in interest, Paul M. Clark, Jr. (Clark), filed a complaint against, among others, LSUS. Judge Jerold A. Krieger was assigned to the case under the Trial Court Delay Reduction Act (TCDRA) (see Gov. Code § 68600 et seq.) also known as the expedited trial program or “fast track.” Clark timely moved to disqualify Judge Krieger.

In the meantime, Clark attempted to effect service of process on LSUS by delivering copies of his summons and complaint to an individual who may or may not have been authorized to accept service on behalf of LSUS.

On February 22, 1994, Judge Krieger granted Clark’s disqualification motion. On February 24, 1994, LSUS made a special appearance by filing a motion to quash service of process pursuant to section 418.10. On February 25, 1994, Judge Sohigian was assigned to the case for “all purposes” pursuant to the TCDRA and Los Angeles County Superior Court Rules, rule 7.3. At that time, LSUS was…

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