Fine

In this writ proceeding, petitioner Richard I. Fine, an attorney, seeks to have set aside an order of contempt issued by respondent Los Angeles County Superior Court, and arising out of the filing by Fine of a Code of Civil Procedure section 170.1 challenge against Commissioner Bruce E. Mitchell. We deny the petition for a writ.

I. Factual and Procedural Background

Class Action Complaint. On May 23, 1996, a class action was commenced by Fine on behalf of 19 representative plaintiffs against EHG National Health Services and others. The complaint alleged tort causes of action arising from medical examinations conducted by an imposter doctor on behalf of an insurance company. (DeFlores v. EHG Nat. Health Services (Oct. 17, 2000, B141231) [nonpub. opn.] (DeFlores I).)

Stipulation Appointing Commissioner Mitchell. The parties executed the following stipulation for the appointment of Commissioner Mitchell as temporary judge. “It is understood between the undersigned attorneys and parties that the below described matters in this case have been assigned to a Superior Court Commissioner for the County of Los Angeles, who is a member of the Bar of the State of California, and…