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BLUMENTHAL v. SUPERIOR COURT

No. G036590.

40 Cal.Rptr.3d 509 (2006)

137 Cal.App.4th 672

Deborah Brelant BLUMENTHAL, Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; Edward Blumenthal, Real Party In Interest.

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

March 10, 2006.

Attorney(s) appearing for the Case

Dell'Ario & LeBoeuf, A. Charles Dell'Ario, Jacques LeBoeuf, Oakland; Langston Williams Professional Corporation and Joanne Langston, Orange, for Petitioner.

Law Offices of Patricia J. Grace and Patricia J. Grace for Real Party in Interest.

No appearance for Respondent.

OPINION

SILLS, P.J.

I. SUMMARY

In this writ proceeding we hold that the trial judge abused her discretion in declaring a mistrial in a family law case merely because the parties did not complete the long-cause trial of a dissolution prior to an arbitrary deadline set by the trial judge. (The actual trial, in fact, had consumed less than two court days, and there was only one witness left to call and only a few more hours left to go.

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