People v. Superior Court (Lavi)

Opinion

LUCAS. C. J.

This case concerns the appropriate time to file a motion to disqualify a judge pursuant to Code of Civil Procedure section 170.6 (all further statutory references are to this code unless otherwise indicated). The primary issue may be stated as follows: When a master calendar department assigns a case to a “long cause” criminal trial department 2 for “trial setting,” which, if any, of section 170.6, subdivision (2)’s timeliness requirements (the “master calendar” rule, the “all purpose assignment” rule, or the “10-day/5-day” rule) for making motions under that statute apply?…