Legal Opinion

Avelar v. Superior Court

California Court of Appeal

Decided July 2, 1992No. E010267PublishedCited by 9 opinions

1Opinion of the Court

Opinion

DABNEY, Acting P. J.

In this original proceeding we are asked to determine whether the Ontario Police Department, and its representative as custodian of the Department’s records, may exercise a peremptory challenge under Code of Civil Procedure section 170.6 to disqualify a judge assigned to hear a defendant’s motion for disclosure of a peace officer’s personal or otherwise confidential records and other information in the possession of the Department. We hold that the Department has no right or standing to exercise such a challenge, and issue the writ as prayed.

Petitioner Jaime Avelar…

2Cases cited11 opinions

  1. Bridges v. CaliforniaSupreme Court of the United States · 1941
  2. Bridges v. Superior CourtCalifornia Supreme Court · 1939
  3. Tide Water Associated Oil Co. v. Superior CourtCalifornia Supreme Court · 1955
  4. Oak Grove School District v. City Title InsuranceCalifornia Court of Appeal · 1963
  5. In Re Proceeding to Validate Sutter-Butte By-Pass Assessment Number SixCalifornia Supreme Court · 1923

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3Cited by9 opinions

  1. People v. Superior CourtCalifornia Supreme Court · 2001
  2. People v. Superior CourtCalifornia Court of Appeal · 2001
  3. Frisk v. Superior CourtCalifornia Court of Appeal · 2011
  4. Foley v. KennedyNevada Supreme Court · 1994
  5. Sears, Roebuck & Co. v. National Union Fire InsuranceCalifornia Court of Appeal · 2005

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