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SETTLEMIRE v. SUPERIOR COURT

No. B158416.

127 Cal.Rptr.2d 381 (2002)

Randall Lane SETTLEMIRE, Petitioner, v. The SUPERIOR COURT of San Luis Obispo County, Respondent; Patricia Settlemire, Real Party in Interest.

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

Rehearing Granted December 23, 2002.

Attorney(s) appearing for the Case

Law Offices of Tony Marlow, Paso Robles, and Anthony J. Marlow for Petitioner.

Benton, Orr, Duval & Buckingham, Brenda L. McCormick and Mark S. Borrell, Ventura, for Respondent.

No appearance for Real Party in Interest.

OPINION AND ORDER FOR PEREMPTORY WRIT OF MANDATE

GILBERT, P.J.

If it acts like a judge, rules like a judge, and decides like a judge, is it a judge? Not if it is a commissioner in judge's clothing deciding a case without a stipulation from all parties.

The trial court assigned an order to show cause involving a domestic restraining order and a myriad of other issues to a commissioner "for a hearing, and findings on any matter of fact upon which information...

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