Swenson v. Superior Court

Opinion

BOREN, J.

In this original proceeding, petitioners claim that the five-day extension of time provided by Code of Civil Procedure section 1013, subdivision (a), applies to notice by mail of a master calendar assignment of an all-purpose judge. Petitioners, the plaintiffs below in a case subject to the Los Angeles Superior Court’s Trial Court Delay Reduction Act rules, received such notice by mail and 12 days later asserted a peremptory challenge (Code Civ. Proc., § 170.6) to the assigned judge. The challenge was rejected as untimely, raising the issue before us in this proceeding:…