Grinbaum

This is a petition for a peremptory writ of mandate requiring the respondent Frank H. Dunne, judge of the superior court, to perform the acts required by him under section 170 of the Code of Civil Procedure for the selection of another judge for the trial of the proceedings in the matter of the guardianship of Julie Grinbaum, the petitioner, now pending before him for her restoration to capacity after the denial by respondent of her motion for such transfer, based upon affidavits alleging that the respondent is disqualified by reason of bias and prejudice to hear such proceeding.

The only points presented by the parties in connection with this application are with relation to the disqualification of the judge. We have, however, this day rendered decisions holding that the appointments of a guardian of the person and a guardian of the estate of Julie Grinbaum were made without jurisdiction and void. The proceedings herein were inaugurated under and by virtue of the provisions of section 1766 of the Code of Civil Procedure. This section is only applicable to persons adjudged insane or incompetent for whom guardians have been appointed under section 1764 of the Code of Civil…