McClenny v. Superior Court

This is another in the protracted series of cases requiring interpretation of section 170.6 of the Code of Civil Procedure. The sole issue turns upon whether a notice of motion to disqualify a trial judge is timely when filed prior to a proceeding on an indirect contempt which is supplementary to a domestic relations action. For the reasons which we set forth below, we have concluded that such notice of motion is not timely.

Dora S. McGlenny, now deceased, 1 initiated a divorce action against defendant James E. McGlenny on October 5, 1961. Judge John F. McCarthy presided at all of the numerous…