Astourian
Astourian v. Superior Court
Opinion
Lead Opinion
George, J.
Krikor and Victorine Astourian seek a writ of prohibition to prevent respondent superior court from conducting any further proceedings in the present action other than granting petitioner Krikor Astourian’s motion pursuant to Code of Civil Procedure section 170.6 to *723 disqualify Judge Henry P. Nelson. 1 Petitioners contend the motion to disqualify Judge Nelson was timely, although it was filed after the filing of a postjudgment order to show cause re contempt for disobedience of an injunction that had been issued in an action to which petitioners were not parties. For the reasons that follow, we conclude the motion to disqualify Judge Nelson was untimely and deny the petition for writ of prohibition.
Procedural History
On May 17, 1989, Judge Nelson issued a permanent injunction in an action entitled Sergio Shoe Co., Inc. v. Tankian, Los Angeles Superior Court No. C 618660. This action, to which petitioners were not parties, arose from a covenant not to compete, which was contained in a contract for the sale, by real party in interest Onnik Kouyoumdjian, of shares of stock in Sergio Shoe Company to defendant Khatchadour Tankian.