Bontilao

Bontilao v. Superior Court of Santa Clara Cnty.

Good Law
250 Cal. Rptr. 3d 535·37 Cal. App. 5th 980
Court of Appeal of CaliforniaJuly 24, 2019H046157California664 words

Opinion

Lead Opinion

Danner, J.

*986 In this case we consider the timeliness of a motion to disqualify a judge pursuant to Code of Civil Procedure section 170.6 1 filed in connection with a petition for a writ of habeas corpus. Petitioner Arprubertito Bontilao brought a petition for a writ of habeas corpus in the superior court challenging a decision by the Board of Parole Hearings (the Board) denying him parole. Pursuant to Maas v. Superior Court (2016) 1 Cal.5th 962 , 209 Cal.Rptr.3d 571 , 383 P.3d 637 ( Maas ), Bontilao requested that the superior court inform him of the identity of the judge assigned to consider his petition. The superior court issued an order naming a judge assigned *539 "for all purposes" to Bontilao's habeas petition. Twenty-four days later Bontilao brought a challenge under section 170.6 to the judge named in the order. The superior court struck Bontilao's challenge as untimely.

Bontilao brought a petition for writ of mandate in this court challenging the superior court's order striking his section 170.6 challenge. For the reasons explained below, we conclude that the superior court's order naming the judge assigned to Bontilao's petition constituted an all purpose assignment within the…

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.