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FOOSADAS v. SUPERIOR COURT

No. C049375.

30 Cal.Rptr.3d 358 (2005)

130 Cal.App.4th 649

Cristian David FOOSADAS, Petitioner, v. The SUPERIOR COURT of San Joaquin County; Respondent; The People, Real Party in Interest.

Court of Appeals of California, Third District.

June 22, 2005.

Attorney(s) appearing for the Case

Gerald L. Gleeson, County Public Defender, Jean C. IV and Nelson C. Lu, Deputy County Public Defenders, for Petitioner.

Howard Rice Nemerovski Canady Falk & Rabkin, and Steven L. Mayer, San Francisco, for Respondent.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, J. Robert Jibson, Raymond L. Brosterhous II, Deputy Attorneys General, for Real Party in Interest.

BLEASE, Acting P.J.

This case presents an important question concerning the right of a litigant to the performance of a judicial function by a judicial officer.

The defendant was denied a preliminary hearing before a judge on the ground that he impliedly stipulated to the service of a temporary judge in lieu of a judge in any proceeding in the case because he failed to file "an oral or written objection ......

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