Matter of Application of Burch (1914) · DecisionDepot

Matter of Application of Burch

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jun 11, 1914 No. S.F. No. 6866.Published

Before: Melvin

AI Brief

AI-generated · verify before citing

Holding. The court held that a motion for a change of venue due to a judge's disqualification was properly denied because the moving party failed to provide sufficient notice under the Code of Civil Procedure and because a qualified judge from another county had been properly requested to preside over the proceedings.

Issues

Whether a motion for change of venue due to a judge's disqualification requires proper notice under the Code of Civil Procedure.
Whether a qualified judge from another county, requested by a disqualified judge to preside, may properly deny a motion to transfer the action to another county.

Disposition. dismissed

Quotations verified verbatim against the opinion

“The motion was properly denied for the first assigned reason.”

“The motion was properly denied for the second reason assigned by Judge Buck.”

“a judge of any superior court may preside in the superior court of any county at the request of the judge of the superior court thereof, and, while so presiding, may act in any matter in which he is not disqualified.”

Synopsis

APPLICATION for a Writ of Prohibition.

The facts are stated in the opinion of the court.

MELVIN, J.

This is an original proceeding for a writ of prohibition.

The petitioner J. K. Burch alleges that on January 15, 1914, an action was commenced in the superior court of the county of Lake by E. H. Wilson as plaintiff against Lyon Fraser, sheriff of said county, and J. K. Burch, defendants; that the purpose of the action was to quiet plaintiff’s title to certain real property and to restrain Fraser, as sheriff, from executing a sheriff’s deed of said property to said Burch; that the Hon. M. S. Sayre, judge of the superior court in and for the county of Lake was disqualified from trying the case by reason of financial interest in the subject of the action; that on the fifteenth day of January, 1914, Hon. M. S. Sayre as judge of said court made an order requesting the Hon. George H. Buck, judge of the superior court of San Mateo County, to preside at the trial of the said action and all proceedings therein; that pursuant to the order Judge Buck held court at Lakeport, the county seat of Lake County, on that same day and made an order restraining Fraser from executing a sheriff’s deed to Burch; that on January 20, 1914, at the city and county of San Francisco counsel for the defendants served on counsel for plaintiff an affidavit and notice of motion to transfer the action to the county nearest and most accessible to Lake County; that demand for transfer of the action was

[20]

also served on counsel for plaintiff and then filed; that no counter affidavit or paper of any sort was filed by the plaintiff or any one; that on January 24, 1914, after the filing of all of the said papers, counsel for defendants in open court and in the presence of Judges Buck and Sayre read the notice of 'motion, affidavits, and demand and moved said superior court to change the place of trial of said action of "Wilson

Fraser and Burch to the nearest and most accessible county; that an order was entered denying said motion; and that the Hon. George H. Buck threatens to proceed, and unless restrained will proceed, with the trial and further matters connected with the action of Wilson

Fraser and Burch.

Matter of Application of Burch

AI Brief

Synopsis

MELVIN, J.

More from California Supreme Court

Related research

AI Brief