L.A. Cty. Dep't of Pub. Soc. Servs. v. Superior Court of L.A. Cty.
Opinion
Lead Opinion
Potter, J.
Petitioner, Los Angeles County Department of Public Social Services (hereinafter petitioner) seeks a writ of mandate ordeiing respondent Juvenile Court of Los Angeles to disqualify respondent Referee Bradley A. Stoutt from hearing the juvenile dependency proceedings in said court entitled In the Matter of Raymond J., No. J 902311, and In the Matter of Robert J., No. J 902312, and to transfer these cases to another hearing officer. The sole issue is the timeliness of petitioner’s motion for disqualification of the referee pursuant to Code of Civil Procedure section 170.6.
The facts are not in dispute. On November 2, 1976, petitioner filed two petitions in juvenile court seeking to have the aforesaid minors declared *410 dependent children of the court pursuant to former section 600 (now § 300) 1 of the Welfare and Institutions Code.
On November 3, 1976, in department 236 before Referee Mitchell, the minors’ mother (hereinafter real party in interest) 2 and petitioner stipulated to a “pre-plea investigation.” The matters were, therefore, continued to December 6 in department 238 for receipt of petitioner’s social study and mother’s “arraignment.”