Stevens

In this proceeding we determine that the “master calendar” rule does not apply to an assignment made via telephone by a court clerk. Petitioners’ motion to disqualify the judge so assigned was timely and we, accordingly, direct the issuance of a peremptory writ of mandate in the first instance.

Facts

This action, a garden variety slip-and-fall case, was filed on October 16, 1991, in the Barstow branch of the San Bernardino Municipal Court. It was set for trial on October 17, 1996. Because there were no courtrooms available in Barstow on that date, the matter was put on a day-to-day trailing basis throughout San Bernardino County.

On Thursday October 24, sometime after 3 p.m., defense counsel’s secretary received a call from a court clerk in Barstow to inform counsel, William R. Jackson, that the case had been assigned to Judge Ziebarth for trial beginning on Monday, October 28, 1996, at 9:30 a.m. in Rancho Cucamonga. At that time Jackson was out of the office and the secretary said she would inform him immediately.

Jackson states that he was informed that the case had been assigned to Judge Ziebarth about 4:15 p.m. on October 24, and he told his secretary to call the…