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ECKERT v. SUPERIOR COURT

No. D031744.

81 Cal.Rptr.2d 467 (1999)

69 Cal.App.4th 262

Kathleen ECKERT, Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; Mary Tebo et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division One.

January 14, 1999.

Attorney(s) appearing for the Case

Michael R. Lennie, Valley Center, for Petitioner.

No appearance for Respondent.

John J. Sansone, County Counsel, Diane Bardsley, Chief Deputy County Counsel, Eliot J. Alazraki, Deputy County Counsel, for Real Party in Interest County of San Diego.

Ryan Knapp & Associates, San Diego, and Richard J. Lister, Riverside, for Real Party in Interest Mary Tebo.

Seifert, Henderson & Farricker and Pauline White, Pasadena, for Real Party in Interest Valley Professional Center.

HALLER, J.

After a trial court rules on motions in limine but before voir dire begins, a party files a statement of disqualification under Code of Civil Procedure section 170.1. Is the judge to whom the case has been assigned for trial required to stay the proceedings until a second trial judge rules on the disqualification motion? We hold the trial judge is not required to do so and may proceed with the trial. (See Code Civ. Proc.,1

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