Ayala

Ayala v. Municipal Court

Good Law
137 Cal. App. 3d 484·187 Cal. Rptr. 75·1982 Cal. App. LEXIS 2109
Court of Appeal of CaliforniaOctober 28, 1982Civ. No. 62594California1,076 words

Opinion

Lead Opinion

Danielson, J.

This appeal is from a judgment of the superior court denying Carlos Ayala’s petition for writ of prohibition.

*486 The petition sought to prohibit the Ventura County Municipal Court, and particularly Judge Frederick Jones, from taking further action on Ayala’s case.

The petition alleged as follows:

On April 4, 1980, Ayala appeared in Judge Jones’ courtroom and pleaded nolo contendere to a charge of violating Vehicle Code section 10852 (vehicle tampering). Imposition of sentence was suspended, and Ayala was placed on summary probation.

Pursuant to a Ventura County Municipal Court rule, Judge Jones had instructed the clerk to stamp on the docket sheet that pursuant to a local court rule, he should hear any motions in the future regarding Ayala’s probation.

On January 8, 1981, Ayala appeared before Judge Hadden, in another division of the Ventura County Municipal Court, for arraignment on a charge of violating former Vehicle Code section 23123.5, subdivision (a).

At the arraignment, Ayala was served with a notice of probation violation regarding the previous charge. Judge Hadden ordered the case transferred to Judge Jones’ court when he saw Judge Jones’ earlier request…

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