CYBERMEDIA, INC. v. Superior Court

Petitioners, Cybermedia, Inc., Unni S. Warrier and H. Mark Carlson, seek a writ of mandate directing the superior court to set aside an order denying their Code of Civil Procedure section 170.6 disqualification motion.

I. Facts and Procedural History

Real party in interest, Wendell Brown, filed this action on June 18, 1998. It was originally assigned for all purposes to Judge Valerie Baker, who was designated the individual calendar judge in department 31 of the superior court. On October 19, 1998, Judge Baker was replaced in department 31 by Judge Judith Meisels Ashmann. Sometime in October, the public information office of the superior court mailed to the law firm representing petitioners a general notice, including this change in judges, but with no indication of case names or full case numbers.

On October 20, 1998, petitioners filed demurrers to, and motions to strike, the operative complaint. On Friday, November 13, 1998, the attorney assigned to petitioners’ case appeared for the hearing on the demurrers and motions to strike, and for the first time learned that Judge Ashmann was now presiding in department 31. Judge Ashmann allowed counsel to argue the demurrers…