Lowry

Lowry v. Superior Court

Good Law
186 Cal. App. 2d 22·1960 Cal. App. LEXIS 1595·8 Cal. Rptr. 720
Court of Appeal of CaliforniaNovember 1, 1960Civ. No. 10057California647 words

Opinion

Lead Opinion

Peek, J.

This is a petition for a writ of mandate to compel the Honorable Harlow Y. Greenwood, a judge of the respondent court, to vacate an order denying petitioners’ motion to disqualify said judge and to enter an order granting the same. No return has been made by respondent.

From the petition, which is thus uncontroverted, it appears that petitioners commenced their action on May 13, 1957, and it was assigned by the clerk of said court to Department Number 1, Judge Greenwood presiding.

On March 10, 1958, petitioners moved to impose sanctions upon certain of the defendants because of their refusal to obey a discovery order and their failure to appear for the taking of depositions. No ruling was made by the court upon said motion until more than 14 months thereafter, or May 12, 1959.

On August 21, 1958, the real parties in interest demurred to one of the causes of action set forth in plaintiffs’ amended complaint and at the same time filed notice of motion for judgment on the pleadings. No ruling was made on the latter motion until nearly nine months thereafter, or May 12, 1959, and no ruling was made on the demurrer until approximately 19 months thereafter, or April 12, 1960, and…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.