Judge: Robert B. Broadbelt, Case: BC717712, Date: 2024-04-18 Tentative Ruling
Case Number: BC717712 Hearing Date: April 18, 2024 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
53
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BC717712 |
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order to show cause why the court should not,
on its own motion, reconsider, vacate, and issue new order on
plaintiff/relator’s code of civil procedure § 170.6 challenge to judge
cochran |
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It appears from the record in this action that a Code of Civil
Procedure section 170.6 challenge filed by plaintiff/relator Newton W. Kellam
on August 28, 2018 against Judge Patricia Nieto was accepted and granted on
August 31, 2018, and that another Code of Civil Procedure section 170.6
challenge filed by plaintiff/relator Newton W. Kellam on March 4, 2024 against
Judge Steve Cochran was accepted and granted on March 5, 2024. However, section 170.6, subdivision (a)(4)
provides that, “[e]xcept as provided in this section, no party or attorney
shall be permitted to make more than one such motion in any one action or
special proceeding pursuant to this section[,]” and “only one motion for each
side may be made in any one action or special proceeding.”
Judge Cochran is unavailable to reconsider the March 5, 2024 order,
which accepted plaintiff/relator Newton W. Kellam’s March 4, 2024 Code of Civil
Procedure section 170.6 challenge to Judge Cochran and reassigned this matter
to Judge Robert B. Broadbelt in Department 53 for all further proceedings,
because he is disqualified pursuant to the March 5, 2024 order. (Geddes v. Superior Court (2005) 126
Cal.App.4th 417, 425-426 [although, generally, one trial judge may not review
the ruling of another trial judge, that principle “does not apply where the
original judge is ‘unavailable’”].)
Therefore, the court issues an Order to Show Cause why the court
should not, on its own motion, (1) reconsider and vacate Judge Cochran’s March
5, 2024 order accepting plaintiff/relator Newton W. Kellam’s March 4, 2024 Code
of Civil Procedure section 170.6 challenge against Judge Cochran and
reassigning this matter to Judge Robert B. Broadbelt in Department 53 for all
further proceedings, and (2) issue a new order denying plaintiff/relator Newton
W. Kellam’s March 4, 2024 Code of Civil Procedure section 170.6 challenge against
Judge Cochran. The court sets a hearing
on the Order to Show Cause for the parties to be heard on this matter on May 1,
2024 at 10:00 a.m., in Department 53. The
court orders that any response to the Order to Show Cause shall be filed no
later than April 26, 2024.
The court directs the clerk to give notice of this order.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court