Geddes

Geddes v. Superior Court

Bad Law
126 Cal. App. 4th 417·2005 Cal. App. LEXIS 169·2005 Daily Journal DAR 1361·23 Cal. Rptr. 3d 857·2005 Cal. Daily Op. Serv. 1013
Court of Appeal of CaliforniaFebruary 2, 2005B178401California3,224 words

Opinion

Opinion

Zelon, J.

Petitioner Robert E. Geddes (Geddes) seeks a writ of mandate compelling the trial court to vacate its order rescinding its grant of Geddes’s peremptory challenge to Judge Jon Mayeda under Code of Civil Procedure section 170.6 made after this matter was reversed on appeal for the failure of the trial court to adequately specify its reasons for granting summary judgment. The matter was reassigned to Judge Susan Bryant-Deason, who recognized that disqualification under section 170.6 was not legally warranted, and requested the matter be reassigned to Judge Mayeda so that he could reconsider and vacate his erroneous mling. Petitioner contends that Judge Mayeda’s mling vacating his own disqualification must be vacated because (1) Judge Mayeda lacked jurisdiction to review his own mling after his disqualification, making writ review the only avenue of relief; and (2) section 170.6 mandates Judge Mayeda’s disqualification because the matter was reversed on appeal. We disagree. While Judge Mayeda could not properly reconsider his mling once he granted the section 170.6 challenge, the trial court has authority to resolve such situations without requiring the parties to seek review…

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