Sunkyong Trading (H.K.) Ltd. v. Superior Court

Petitioners seek a writ of mandamus and/or prohibition to compel Judge Aurelio Munoz (1) to vacate that portion of his April 23, 1992 order severing the cross-complaint against cross-defendant Sunkyong Trading (H.K.) Ltd. (hereinafter SKT) from the action and (2) to transfer the entire lawsuit to Department One for reassignment to another judge. The primary issue in this proceeding is whether the trial court judge, after granting a peremptory challenge by a cross-defendant pursuant to Code of Civil Procedure section 170.6, had authority to sever the pleading involving that cross-defendant for reassignment, retaining the remainder of the action, or whether that disqualified judge was required to transfer the entire action for reassignment to another judge.

Factual and Procedural Background

Pinkerton’s second amended complaint asserts, “This lawsuit concerns defendants’ fraudulent schemes, including the bribery of one of Plaintiff’s employees, in connection with procuring security guard uniforms for use in Plaintiff’s business.”

Pinkerton’s further alleged that its former employee in charge of procuring security guard uniforms, Don Best, conspired with Michael Solin,…