HAMBARIAN v. SUPERIOR COURT

No. S097450.

118 Cal.Rptr.2d 725 (2002)

27 Cal.4th 826

44 P.3d 102

Jeffrey HAMBARIAN, Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; The People, Real Party in Interest.

Supreme Court of California.

As Modified on Denial of Rehearing June 12, 2002.


Attorney(s) appearing for the Case

Marshall M. Schulman; Cleary & Sevilla, Charles M. Sevilla, San Diego; Geragos & Geragos and Mark J. Geragos, Los Angeles, for Petitioner.

No appearance for Respondent.

Bill Lockyer, Attorney General, Robert R. Anderson and David P. Druliner, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, Carl H. Horst and Douglas P. Danzig, Deputy Attorneys General; Tony Rackauckas, District Attorney, David S. Kirkpatrick and Brian N. Gurwitz, Deputy District Attorneys, for Real Party in Interest.

Wiley, Rein & Fielding, David J. Kulik, Kirk J. Nahra and Brian F. Chandler for National Insurance Crime Bureau and Coalition Against Insurance Fraud as Amici Curiae on behalf of Real Party in Interest.

Dennis L. Stout, District Attorney (San Bernardino), Lance A. Cantos and Grover D. Merritt, Deputy District Attorneys, for California District Attorneys' Association as Amicus Curiae on behalf of Real Party in Interest.


BAXTER, J.

Once again we are asked to consider the circumstances under which a superior court may or must recuse a prosecutor's office because of the office's use of consultants compensated by the victim. In People v. Eubanks (1996) 14 Cal.4th 580, 59 Cal.Rptr.2d 200, 927 P.2d 310 (Eubanks), we found the superior court did not abuse its discretion in ordering recusal...

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