JONATHON M. v. Superior Court

Good Law
141 Cal. App. 4th 1093·2006 Cal. App. LEXIS 1180·2006 Daily Journal DAR 9998·46 Cal. Rptr. 3d 798·2006 Cal. Daily Op. Serv. 6981
Court of Appeal of CaliforniaJuly 31, 2006C052769California2,716 words

Opinion

Opinion

Sims, J.

Once again, we are asked to issue a writ commanding San Joaquin County Juvenile Court Judge Barbara A. Kronlund to honor a peremptory challenge filed under Code of Civil Procedure section 170.6 (section 170.6). Once again, we shall issue a writ.

BACKGROUND

In Daniel V. v. Superior Court (2006) 139 Cal.App.4th 28, 33-34 [ 42 Cal.Rptr.3d 471 ] {Daniel V), filed and ordered published May 2, 2006, we unequivocally held that a “purported assignment” of two unrelated juvenile delinquency cases in San Joaquin County to “a particular judge in a particular department did not constitute a valid ‘assignment for all purposes’ sufficient to trigger the time for peremptory challenge of the judge [citation], where the purported assignment was made in the ‘notice of petition’ by a deputy court clerk, pursuant to an informal court practice rather than a court rule or order.” {Daniel V., supra, 139 Cal.App.4th at pp. 33-34, fin. omitted].) Because the challenges were timely, we issued peremptory writs of mandate directing respondent superior court to vacate its orders denying the peremptory challenges and to enter new orders accepting the peremptory challenges. {Id. at P- 49.)

Judge…

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