Shipp

Shipp v. Superior Court

Caution
1992 Cal. App. LEXIS 466·5 Cal. App. 4th 147·6 Cal. Rptr. 2d 685·92 Daily Journal DAR 4644·92 Cal. Daily Op. Serv. 2976
Court of Appeal of CaliforniaApril 6, 1992B064066California2,673 words

Opinion

Opinion

Grignon, J.

Petitioner challenges an order of respondent court denying as untimely his peremptory challenge to the assigned judge pursuant to Code of Civil Procedure section 170.6. In denying the motion, respondent court took the position that the challenged judge had been assigned to the case for all purposes pursuant to a local court policy. Petitioner asserts that the assignment was not truly an all-purpose assignment, and the challenge was timely filed under the “10-day/5-day” rule of section 170.6. We conclude: (1) a local court policy can provide a valid mechanism for making an all-purpose assignment within the meaning of section 170.6; and (2) petitioner has not made a sufficient showing that the assignment was not one “for all purposes.” The petition is therefore denied.

Facts and Procedural Background

Petitioner is the respondent in a dissolution of marriage action which was filed July 18, 1991, under case No. BD043175. Pursuant to the Manual of Procedures for the Family Law Department of the Los Angeles Superior Court, effective July 1,1991, the case was assigned, upon filing, to Judge C. Bernard Kaufman “for all purposes.” Petitioner’s response in the action was filed on…

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