Legal Opinion
McCartney v. Superior Court
California Court of Appeal
Decided September 19, 1990No. B050488PublishedCited by 5 opinions
1Opinion of the Court
Opinion
THE COURT. *
Plaintiff seeks a writ commanding the superior court to “appoint” a judge other than Commissioner Robert Zakon (Comr. Zakon) to hear a motion for reconsideration relating to a demurrer previously heard by Comr. Zakon. We hold: (1) Because a motion to reconsider is a “direct progeny” of the prior ruling, the stipulation to the commissioner for the hearing on demurrer empowers the commissioner to hear and decide a subsequent motion for relief from that ruling; and (2) The attempt to dis qualify Comr. Zakon is ineffective because it was not properly served and because on its…
2Cases cited10 opinions
- Palma v. U.S. Industrial Fasteners, Inc.California Supreme Court · 1984
- Rooney v. Vermont Investment Corp.California Supreme Court · 1973
- Sarracino v. Superior CourtCalifornia Supreme Court · 1974
- Reisman v. ShahverdianCalifornia Court of Appeal · 1984
- Muller v. TannerCalifornia Court of Appeal · 1969
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3Cited by5 opinions
- Flier v. Superior CourtCalifornia Court of Appeal · 1994
- Kern County Department of Child Support Services v. CamachoCalifornia Court of Appeal · 2012
- Gridley v. GridleyCalifornia Court of Appeal · 2008
- Fine v. Superior CourtCalifornia Court of Appeal · 2002
- Walker v. San Francisco Housing AuthorityCalifornia Court of Appeal · 2002