SOLBERG v. SUPERIOR COURT

Docket Nos. S.F. 23449, 23469.

19 Cal.3d 182 (1977)

561 P.2d 1148

137 Cal. Rptr. 460

DIANA D. SOLBERG et al., Petitioners, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Respondents; THE PEOPLE, Real Party in Interest. THE PEOPLE, Plaintiff and Respondent, v. THE MUNICIPAL COURT FOR THE SAN FRANCISCO JUDICIAL DISTRICT OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Appellants; DIANA D. SOLBERG et al., Real Parties in Interest and Appellants.

Supreme Court of California.

March 22, 1977.


Attorney(s) appearing for the Case

COUNSEL

Gilbert Eisenberg, Filippelli & Eisenberg and Ruth Astle for Petitioners and for Real Parties in Interest and Appellants.

Thomas M. O'Connor, City Attorney, Burk E. Delventhal, Deputy City Attorney, and Michael Hallinan for Defendants and Appellants.

No appearance for Respondents.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Derald E. Granberg and John W. Runde, Deputy Attorneys General, for Real Party in Interest and for Plaintiff and Respondent.

Roger S. Hanson, H. George Taylor, Donald M. Solomon, Sheldon Portman, Public Defender (Santa Clara), Keith C. Sorenson, District Attorney (San Mateo), Douglas J. Gray, Deputy District Attorney, Herbert M. Rosenthal, Garrett H. Elmore, Irell & Manella, Robert L. Winslow and Peter M. Hoffman as Amici Curiae.


OPINION

MOSK, J.

In Johnson v. Superior Court (1958) 50 Cal.2d 693 [329 P.2d 5], we held that Code of Civil Procedure section 170.6, which provides for the disqualification of trial judges on motion supported by an affidavit of prejudice, does not violate the doctrine of the separation of powers or impair...

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