Urias v. Harris Farms, Inc.

Opinion

THAXTER, J.

We hold here that a judge’s failure to respond to or strike an allegedly untimely and legally insufficient statement of disqualification equates to a consent to disqualification pursuant to Code of Civil Procedure 1 section 170.3, subdivision (c)(4). Under the circumstances here, the statement of disqualification was timely even though not asserted until after the judge granted a motion for summary judgment. Accordingly, we reverse that judgment. We also deny the petition of Harris Farms, Inc., for writ of mandate seeking to vacate a lower court order finding that the judge…