Opinion
E054353 Super.Ct.No. INJ1100444
09-21-2011
J.C., Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.
Gary Windom, Public Defender, and Lisa M. Larson, Deputy Public Defender, for Petitioner. No appearance for Respondent. Paul Zellerbach, District Attorney, and Kelli M. Catlett, Deputy District Attorney, for Real Party in Interest.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
OPINION
ORIGINAL PROCEEDINGS; petition for writ of mandate. Charles E. Stafford, Judge. Petition granted.
Gary Windom, Public Defender, and Lisa M. Larson, Deputy Public Defender, for Petitioner.
No appearance for Respondent.
Paul Zellerbach, District Attorney, and Kelli M. Catlett, Deputy District Attorney, for Real Party in Interest.
In this matter, we have reviewed and considered the petition and the record. Real party in interest has filed an informal response indicating that it does not oppose issuing the writ. We have determined that resolution of the matter involves the application of settled principles of law, and that issuance of a peremptory writ in the first instance is therefore appropriate. (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 178.)
Under Code of Civil Procedure section 170.6, a challenge to an "all purpose" judge must be made within 10 days of notice of the assignment or first appearance.
Whether an assignment is for "all purposes" has been held to depend upon whether the order " 'instantly pinpoints' " the judge who will process the case " 'in its totality.' " (People v. Superior Court (Lavi)(1993) 4 Cal.4th 1164, 1179-1180.) It is uncontested that the assignment to Judge Stafford was an "all purpose" assignment. Petitioner filed a peremptory challenge to Judge Stafford within 10 days of his first appearance in this matter. The challenge was timely and the challenge should have been accepted.
DISPOSITION
Let a peremptory writ of mandate issue directing the Superior Court of Riverside County to vacate its order rejecting the peremptory challenge to Judge Stafford and to accept the challenge and assign the matter to another judge. There being no opposition to this petition, the order shall be final forthwith.
Petitioner is directed to prepare and have the peremptory writ of mandate issued, copies served, and the original filed with the clerk of this court, together with proof of service on all parties.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
MILLER
Acting P. J.
We concur: McKINSTER
J.
KING
J.