Vasquez v. Superior Court CA4/3

Filed 11/26/13 Vasquez v. Superior Court CA4/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

OFELIA VASQUEZ,

Petitioner,

v. G048890

THE SUPERIOR COURT OF ORANGE (Super. Ct. No. 30-2012-00583703) COUNTY, OPINION Respondent;

BMW of NORTH AMERICA, LLC,

Real Party in Interest.

Original proceedings; petition for a writ of mandate to challenge an order of the Superior Court of Orange County, William M. Monroe, Judge. Petition granted. The Law Office of John Derrick, John Derrick; The Bickel Law Firm and Erika Kavicky for Petitioner. Rogan Lehrman, Kate S. Lehrman for Real Party in Interest.

* * *

THE COURT:* Petitioner Ofelia Vasquez, the plaintiff below in a lemon law action filed against real party in interest, BMW of North America, seeks a writ of mandate compelling the recusal or disqualification of Judge William M. Monroe from presiding over her case. She filed a statement of disqualification against him contending that a person aware of the facts might reasonably entertain a doubt that he would be able to impartially rule on the matter. (Code Civ. Proc., §§ 170.3, subd. (c)(5) and 170.1, subd. (a)(6)(A)(iii).) 1 We grant petitioner’s request for relief, specifically that her objection to Judge Monroe hearing her case be considered by another judge pursuant to section 170.3, subdivision (c)(5). 2

* Before Moore, Acting P.J., Aronson, J., and Thompson, J.

1 Statutory references are to the Code of Civil Procedure.