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ZIESMER v. SUPERIOR COURT

No. B162045.

132 Cal.Rptr.2d 130 (2003)

107 Cal.App.4th 360

David ZIESMER, Petitioner, v. The SUPERIOR COURT of Ventura County, Respondent; The People, Real Party in Interest.

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

As Modified on Denial of Rehearing April 22, 2003.

Attorney(s) appearing for the Case

Loftus and Associates, Richard A. Loftus, Westlake Village, Dawn M. Dunbar, for Petitioner.

Gregory D. Totten, District Attorney, William Haney, Kevin Drescher, Michael D. Schwartz, Senior Deputy District Attorneys, for Real Party in Interest.

No appearance for Respondent.

GILBERT, P.J.

Here we conclude that the dismissal of a grand jury indictment pursuant to Penal Code section 995, subdivision (a)(1)(A) terminates the action. Therefore, if the action is refiled and assigned to the same judge to whom the case was originally assigned, a party may disqualify the judge pursuant to Code of Civil Procedure section 170.6.

We grant David Ziesmer's petition for writ of mandate and direct respondent court to vacate its order denying...

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