Foosadas v. Superior Court

Opinion

BLEASE, Acting P. J.

This case presents an important question concerning the right of a litigant to the performance of a judicial function by a judicial officer.

The defendant was denied a preliminary hearing before a judge on the ground that he impliedly stipulated to the service of a temporary judge in lieu of a judge in any proceeding in the case because he failed to file “an oral or written objection ... in open court prior to the commencement of the first hearing on the matter.” He filed a writ petition in this court seeking to set aside an order issued pursuant to the rule and to…