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BARRETT v. SUPERIOR COURT

No. C030752.

91 Cal.Rptr.2d 116 (1999)

77 Cal.App.4th 1

James Scott BARRETT, Petitioner, v. The SUPERIOR COURT of Yolo County, Respondent; The People, Real Party in Interest.

Court of Appeals of California, Third District.

December 10, 1999.

Attorney(s) appearing for the Case

Hayes H. Gable III, Sacramento, for Petitioner.

No appearance for Respondent.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and David P. Druliner, Chief Assistant Attorneys General, Clayton S. Tanaka, Deputy Attorney General, for Real Party in Interest.

SCOTLAND, P.J.

Petitioner James Scott Barrett seeks a writ of mandate directing respondent Yolo County Superior Court to vacate its order disallowing a peremptory challenge (Code Civ. Proc, § 170.6) to the Honorable Timothy J. Fall. (Further section references are to the Code of Civil Procedure unless specified otherwise.) Petitioner contends, and the People concede, Judge Fall erred in denying the challenge on the ground that it was untimely because Judge Fall...

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