California Business Council v. Superior Court

In the published part of the opinion in this writ proceeding we determine that the time within which to file a peremptory challenge to the “all-purpose” assignment of a trial court judge (Code Civ. Proc., § 170.6, subd. (2)) is extended when “notice” of the assignment is served by mail (§ 1013, subd. (a)).

Facts

In the underlying dispute the real party in interest, Governor of the State of California (real party), brought a proceeding in mandate against various state officials to compel them to discontinue enforcement of various provisions of the Education, Government, and Public Contract Codes relating to affirmative action. The real party named the petitioners, California Business Council for Equal Opportunity et al. (hereafter CBC), as real parties in interest in the underlying action, the merits of which are not pertinent to the issue before us.

The action was assigned to Judge James T. Ford, who was challenged pursuant to section 170.6. A new order was issued by the presiding judge of the superior court on August 29, 1996, assigning Judge Thomas Cecil to the case as a judge for all purposes. On the same day the clerk of the superior court deposited copies of both…