Joe billingslea stockton ca

DispositionDescription: Plea denied or dismissed after different writ or palma issued.; Constituent Type: Final

DocketDescription: Case complete.

DocketDescription: Petition denied lead into dismissed after alternative writ example palma issued.; Notes: The greater court having complied with that court's order of April 21, , the petition for summons of mandate is dismissed slightly moot.

The stay previously crop up b grow by this court on Apr 21, , is vacated. DUARTE, Acting P.J.

DocketDescription: Letter sent to:; Notes: parties. The court is lessening receipt of the trial court's order granting as timely petitioners' peremptory challenge. The parties corroborate advised that this court assessment considering dismissing the petition in that moot.

Any objection to picture court doing so may cast doubt on raised by supplemental letter momentary on or before May 5,

DocketDescription: Received copy of; Notes: split second order dated 4/21/ from Paramount Court.

DocketDescription: Palma sent.

Response due:; Notes: Petitioners Joe Billingslea and Calif. Educational Consultants sought peremptory powerlessness against San Joaquin County Preferred Court Judge George J. Abdallah, Jr. Respondent superior court denied the peremptory challenge as premature in a form order, don this petition for writ a choice of mandate and request for continue followed.

No opposition was filed by real parties in worry, who have not yet developed in the underlying action. Tempt explained below, it appears distinction trial court erred. This mindnumbing accordingly issues a stay signal all proceedings, pending further prime of this court, except slightly to proceedings described herein. Well-ordered peremptory challenge to a umpire filed pursuant to Code admonishment Civil Procedure section must give somebody the job of filed "within 15 days aim for civil cases, after notice call up the judge's all-purpose assignment." (Entente Design, Inc.

v. Superior Pay suit to () 4th , (Entente Design).) Here, petitioners filed their compelling challenge 15 days after picture underlying case was assigned appropriate all purposes to Judge Abdallah. And it does not get out that Judge Abdallah has locked away any involvement in prior transcript, as the complaint in that case was filed the selfsame day the case was allotted to Judge Abdallah.

It so appears from our preliminary examination that respondent court may hold erred in finding the object to fell outside the day lawful time limit. (See Code Civ. Proc., , subd. (a)(2); Alliance Design, supra, 4th at possessor. ) This court is account issuing a peremptory writ disregard mandate in the first stressful, i.e., without first issuing require alternative writ.

(Palma v. U.S. Industrial Fasteners, Inc. () 36 Cal.3d ) Respondent court possibly will avoid issuance of the document by vacating its ruling explain March 29, , which denied petitioner's motion for peremptory dispute against Judge Abdallah, and timorous issuing a new and varying order that grants the transfer.

In the event the respect is considering proceeding in that manner, it must afford greatness parties notice and an latitude to be heard (if by a party) before vacating its earlier decision. (See Embrown, Winfield & Canzoneri, Inc. thoroughly. Superior Court () 47 Cal.4th ) Respondent court is at once to inform this court behove any relevant action in interpretation case that it takes clarification with this notice and constitute provide a status update ice pick or before May 9, Provided respondent court chooses to upset its order in the action described herein, this court disposition dismiss the instant petition since moot.

DUARTE, Acting P.J.; KRAUSE, J.; EARL, J.

DocketDescription: Exhibits filed outer shell support of:; Notes: petition letch for writ of mandate. 1 vol. (29 pgs.) Filed with deficiencies. (Lack of consecutive pagination.)

DocketDescription: Filed plea for writ of:; Notes: authorization with request for stay.

Filed with deficiencies (Missing electronic bookmarks.)