Daniel

Daniel v. v. SUPERIOR COURT

Good Law
139 Cal. App. 4th 28·42 Cal. Rptr. 3d 471
Court of Appeal of CaliforniaMay 2, 2006C050566, C051071California7,149 words

Opinion

Opinion

Sims, J.

In this opinion involving petitions filed in the juvenile court by the People pursuant to Welfare and Institutions Code section 602, we hold a purported assignment of such cases “for all purposes, including trial,” to a particular judge in a particular department did not constitute a valid “assignment for all purposes” sufficient to trigger the time for peremptory challenge of the judge (Code Civ. Proc., § 170.6 ), where the purported assignment was made in the “notice of petition” by a deputy court clerk, pursuant to an informal court practice rather than a court rule or order.

We consolidated the petitions of the two minors, Daniel V. and Jamie K., who were the subjects of unrelated proceedings. They separately petitioned this court for writs of mandate/prohibition after the juvenile court denied as untimely their peremptory challenges to Judge Barbara Kronlund. After receiving a preliminary opposition from the People in Daniel V.’s case, we issued alternative writs in both cases and orders staying further proceedings in the juvenile court.

We now discharge the alternative writs and issue peremptory writs directing the juvenile court to vacate its orders denying the…

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