[Download] "People v. Superior Court of San Bernardino County" by Fourth Appellate District, Division Two Court of Appeal of California # Book PDF Kindle ePub Free

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eBook details

• Title: People v. Superior Court of San Bernardino County
• Author : Fourth Appellate District, Division Two Court of Appeal of California
• Release Date : January 25, 1970
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

Plaintiff appeals from an order of dismissal entered pursuant to the provisions of section 583 of the Code of Civil Procedure for failure to bring his suit to trial within five years of filing. He contends that the five-year period was tolled because the court failed promptly to reset the case for trial after plaintiff timely exercised a peremptory challenge pursuant to Code of Civil Procedure section 170.6. Briefly, under this section, if a challenge is timely exercised against the judge to whom a case is assigned for trial, by any of the litigants involved in the lawsuit, the trial must be reassigned to another judge of the court if one is available; if no judge of the court is available to try the case, the assignment of an outside judge must be made by the Chairman of the Judicial Council. However, to forestall unwarranted delays, a continuance may not be granted except for good cause or for the courts convenience; and if a continuance is granted, it must be on a day to day basis or for other limited periods, and the case "shall be reassigned

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