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HEMINGWAY v. SUPERIOR COURT

No. G033896.

19 Cal.Rptr.3d 363 (2004)

122 Cal.App.4th 1148

Rodney HEMINGWAY, Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; The People of the State of California, Real Party in Interest.

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

September 30, 2004.

Attorney(s) appearing for the Case

Deborah A. Kwast, Public Defender, Thomas Havlena, Chief Deputy Public Defender, and Kevin J. Phillips, Assistant Public Defender, for Petitioner.

Benton, Orr, Duval & Buckingham, Brenda L. McCormick, Ventura, for Respondent Court.

Tony Rackauckas, District Attorney, and Gregory J. Robischon, Assistant Deputy District Attorney, for Real Party in Interest.

OPINION

O'LEARY, J.

Petitioner Rodney Hemingway argues the trial court erred by failing to respond immediately to his motion to disqualify itself pursuant to Code of Civil Procedure section 170.61 and by improperly denying his motion as untimely. We agree. In a supplemental petition, Hemingway contends the same court issued an unlawful nunc pro tunc order in an attempt to rectify...

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