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DEPPER v. SUPERIOR COURT

No. A086238.

87 Cal.Rptr.2d 563 (1999)

74 Cal.App.4th 15

Stuart DEPPER, Petitioner, v. The SUPERIOR COURT of Alameda County, Respondent; The People, Real Party in Interest.

Court of Appeals of California, First District, Division Two.

August 10, 1999.

Attorney(s) appearing for the Case

Barry L. Morris, Oakland, Kevin Taguchi, Hayward, for Petitioner.

Richard E. Winnie, County Counsel, John T. Ketelsen, Deputy County Counsel, County of Alameda, for Respondent.

No appearance for Real Party in Interest.

KLINE, P.J.

By petition for writ of mandate, Stuart Depper contests the order of the Alameda County Superior Court denying his Code of Civil Procedure section 170.6 challenge as having been untimely filed.1 (See Code Civ. Proc., § 170.3, subd. (d).) We issued an alternative writ directing respondent court to vacate its order denying the challenge and to enter a new order granting it or to show cause why a peremptory writ of mandate...

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