McCLENNY v. SUPERIOR COURT

Docket No. L.A. 27584.

60 Cal.2d 677 (1964)

388 P.2d 691

36 Cal. Rptr. 459

JAMES R. McCLENNY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY et al., Respondents; FARMERS & MERCHANTS TRUST COMPANY OF LONG BEACH, as Special Administrator, etc., et al., Real Parties in Interest.

Supreme Court of California. In Bank.

January 28, 1964.


Attorney(s) appearing for the Case

Brock & Shapero, Martin M. Shapero and Edwin S. Saul for Petitioner.

Harold W. Kennedy, County Counsel, and Donald K. Byrne, Deputy County Counsel, for Respondents.

James A. Hayes, John D. Miller and Clyde L. Brom for Real Parties in Interest.


TOBRINER, J.

This is another in the protracted series of cases requiring interpretation of section 170.6 of the Code of Civil Procedure. The sole issue turns upon whether a notice of motion to disqualify a trial judge is timely when filed prior to a proceeding on an indirect contempt which is supplementary to a domestic relations action. For the reasons which we set forth below, we have concluded that such notice of motion...

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