Johnson v. The Superior Court of San Joaquin County

DispositionDescription: Petition denied or dismissed after alternative writ or palma issued.; Disposition Type: Final

DocketDescription: Case complete.

DocketDescription: Petition denied or dismissed after alternative writ or palma issued.; Notes: The superior court having complied with this court's order of January 10, 2023, the petition for writ of mandate is dismissed as moot. The stay previously issued by this court on January 10, 2023, is vacated. Mauro, Acting P.J., Duarte, J., Krause, J.

DocketDescription: Received copy of document filed in trial court.; Notes: Order filed in the trial court on 2/1/23 vacating the 12/12/22 order.

DocketDescription: Received copy of; Notes: The court order dated 02/01/2023, from the Superior Court of San Joaquin County.

DocketDescription: Received copy of; Notes: letter from petitioner to superior court requesting RPI's time to file opposition be shortened to 01/20/23.

DocketDescription: Received copy of document filed in trial court.; Notes: Notice filed in the trial court on 1/10/23 of intent to proceed in manner set forth in Palma order.

DocketDescription: Stay order filed.; Notes: See order filed on 1/10/23.

DocketDescription: Palma sent. Response due:; Notes: By way of petition for writ of mandate, petitioner Christian L. Johnson challenges trial court Judge Barbara A. Kronlund's December 12, 2022, order striking petitioner's fourth statement of disqualification. No opposition was filed. As explained below, it appears the trial court erred. This court accordingly issues a stay of all proceedings, pending further order of this court, except as to proceedings described herein. This court is considering issuing a peremptory writ of mandate in the first instance, i.e., without first issuing an alternative writ. (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171.) The current petition will become moot if the court vacates its order of December 12, 2022, (striking petitioner's fourth statement of disqualification) and instead permits the question of disqualification to be otherwise resolved as described in Code of Civil Procedure section 170.3. In the event the trial court is considering proceeding in this manner, it must, however, afford the parties notice and an opportunity to be heard before vacating its earlier decision. (See Brown, Winfield & Canzoneri, Inc. v. Superior Court (2010) 47 Cal.4th 1233.) Respondent court is requested to inform this court of any relevant action in the case that it takes consistent with this notice and to provide a status update on or before January 23, 2023. If respondent court chooses to change its order in the manner described herein, this court will dismiss the instant petition as moot. Mauro, Acting P.J., Duarte, J., Krause, J. (See full order for details.)

DocketDescription: Exhibits filed in support of:; Notes: petition. 2 vols. (318 pp.).

DocketDescription: Filed petition for writ of:; Notes: Mandate with request for immediate stay. CIEP included; no interested parties listed.

DocketTrial Court Name: San Joaquin County Superior Court; County: San Joaquin; Trial Court Case Number: STKCVUCR20190000281; Trial Court Judge: Kronlund, Barbara