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PAREDES v. SUPERIOR COURT

No. B134960.

91 Cal.Rptr.2d 350 (1999)

77 Cal.App.4th 24

Kevin A. PAREDES, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; The People, Real Party in Interest.

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

December 22, 1999.

Attorney(s) appearing for the Case

James H. Barnes, Encino, for Petitioner.

Lloyd W. Pellman, County Counsel, and Gordon W. Trask, Principal Deputy County Counsel, for Respondent.

No appearance for Real Party in Interest.

MIRIAM A. VOGEL, J.

In a criminal case, one of two defendants timely moved to disqualify the trial judge and the cause was reassigned. (Code Civ. Proc, § 170.6.) When the last day on which the case could be tried arrived and the prosecutor was unable to proceed, the case was dismissed (Pen.Code, §§ 1382, 1387), then refiled (Pen.Code, § 1387) and assigned to the same judge to whom it had been previously reassigned. The other defendant then moved...

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