Eagle Maintenance & Supply Co. v. Superior Court

FRAMPTON, J. pro tem. *

Petitioner seeks a writ of pro hibition to restrain a judge of the respondent court from proceeding to try a cause of action pending before him in which petitioner herein is the plaintiff.

Although the petition sets forth matters which could be considered as the basis of a claim of actual bias under the provisions of Code of Civil Procedure, section 170, these matters are denied in the return. In addition the petition describes the motion and affidavit as having been filed in the trial court pursuant to Code of Civil Procedure, section 170.6 and the return treats it as…