Guarrascio v. Fisher

OPINION

FERNANDEZ, Judge.

Petitioner Guiseppe Guarrascio, plaintiff below, has brought this special action to challenge the refusal of the respondent judge to honor his notice of change of judge filed pursuant to Rule 42(f)(1), Rules of Civil Procedure, 16 A.R.S. Because petitioner has no equally plain, speedy or adequate remedy by way of appeal, and because we conclude that the respondent failed to perform a duty required by law as to which she had no discretion, we accept jurisdiction and grant relief. Rules 1 and 3(a), Rules of Procedure for Special Actions, 17A A.R.S.

By notice dated May…