Frazier v. Super. Ct. CA2/3

Filed 3/20/13 Frazier v. Super. Ct. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION THREE

BRANDIE FRAZIER, B246359

Petitioner, (Los Angeles County Super. Ct. No. BC494470) v.

THE SUPERIOR COURT OF LOS ANGELES COUNTY,

Respondent;

SHAWN MORADIAN et al.,

Real Parties in Interest.

ORIGINAL PROCEEDINGS in mandate. Elizabeth A. White, Judge. Petition granted. Steven G. Wood for Petitioner Brandie Frazier. Frederick Bennett for Respondent Superior Court of Los Angeles County. Shawn Moradian and Sharon Moradian, in pro. per, for Real Parties in Interest.

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Following a trustee’s sale on October 31, 2011, defendants Shawn and Sharon Moradian (the Moradians) took title to the subject real property. Petitioner Brandie Frazier (Frazier) and Noreet Cohen, another tenant, had separate written leases on their rental units. After acquiring title to the property, the Moradians exercised a “self-help” remedy, removing personal property and evicting the tenants. Frazier and Cohen filed separate forcible detainer actions. Cohen later assigned her action to Frazier. The Moradians filed a notice of related actions. On November 28, 2012, the trial court’s minute order stated a notice of related case has been received and Los Angeles Superior Court case No. BC494470 was forwarded to department 48 to rule on the notice of related cases. On November 30, 2012, the court found that Los Angeles Superior Court case Nos. BC494470 and SC115006 are related and both cases were assigned to Judge Elizabeth Allen White. The minute order assigning the case to Judge White directed the in pro. per. defendants, the Moradians, to give notice. Frazier alleges that the Moradians did not give notice of the assignment. On December 3, 2012, a notice of case management conference was mailed but it does not mention Judge White. Instead, the case management conference is set in department 28, which, according to the superior court notice of case assignment and the Daily Journal, was, at that time, the court room assigned to Judge Yvette M. Palazuelos. On January 8, 2013, petitioner Frazier, in superior court case No. BC494470, filed a peremptory challenge to Judge Elizabeth Allen White. (Code Civ. Proc., § 170.6.)1 Frazier’s counsel asserted he never received written notice of the assignment of the cases to Judge White and did not learn of the assignment until December 3, 2012, when his law clerk checked the court’s website.