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McCARTNEY v. SUPERIOR COURT

Docket No. B050488.

223 Cal.App.3d 1334 (1990)

273 Cal. Rptr. 250

FREDERICK D. McCARTNEY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; UNIVERSITY OF SOUTHERN CALIFORNIA, Real Party in Interest.

Court of Appeals of California, Second District, Division Three.

September 19, 1990.

Attorney(s) appearing for the Case

COUNSEL

Wade Vincent Shang for Petitioner.

No appearance for Respondent.

Christian E. Markey, Jr., and Mireille F. Gotsis for Real Party in Interest.

OPINION

THE COURT.*

Plaintiff seeks a writ commanding the superior court to "appoint" a judge other than Commissioner Robert Zakon (Comr. Zakon) to hear a motion for reconsideration relating to a demurrer previously heard by Comr. Zakon. We hold: (1) Because a motion to reconsider is a "direct progeny" of the prior ruling, the stipulation to the commissioner for the hearing on demurrer empowers the commissioner...

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