Ziesmer v. Superior Court

Opinion

GILBERT, P. J.

Here we conclude that the dismissal of a grand jury indictment pursuant to Penal Code section 995, subdivision (a)(1)(A) terminates the action. Therefore, if the action is refiled and assigned to the same judge to whom the case was originally assigned, a party may disqualify the judge pursuant to Code of Civil Procedure section 170.6.

We grant David Ziesmer’s petition for writ of mandate and direct respondent court to vacate its order denying Ziesmer’s timely peremptory challenge to the judge assigned to his case.

Facts

On August 21, 2000, the Ventura County Grand Jury…