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PEOPLE v. SUPERIOR COURT (TEJEDA)

No. G052932.

1 Cal.App.5th 892 (2016)

205 Cal. Rptr. 3d 200

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; RITO TEJEDA, Real Party in Interest.

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

July 25, 2016.

Attorney(s) appearing for the Case

Tony Rackauckas, District Attorney, Stephan Sauer and Brian F. Fitzpatrick, Deputy District Attorneys, for Petitioner.

Schonbrun Seplow Harris & Hoffman, Paul L. Hoffman; and Erwin Chemerinsky for Respondent.

Sharon Petrosino, Public Defender, and David Dworakowski, Assistant Public Defender, for Real Party in Interest.

OPINION

Nearly 40 years ago, our Supreme Court reaffirmed "that Code of Civil Procedure section 170.6, which provides for the disqualification of trial judges on motion supported by an affidavit of prejudice, does not violate the doctrine of the separation of powers or impair the independence of the judiciary."...

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