County of Nevada v. Superior Court

CourtUnited States State Supreme Court (California)
Citation111 Cal.Rptr. 568,517 P.2d 832,10 Cal.3d 663
Decision Date18 January 1974
Parties, 517 P.2d 832 COUNTY OF NEVADA et al., Petitioners, v. The SUPERIOR COURT OF NEVADA COUNTY, Respondent; Ronald W. MacMILLEN, as District Attorney etc., et al., Real Party in Interest. Sac. 8003.

Leo J. Todd, County Counsel, and Brian A. Bishop, Deputy County Counsel, Grass Valley, for petitioners.

No appearance for respondent.

Evelle J. Younger, Atty. Gen., Iver E. Skjeie, Asst. Atty. Gen., Clayton P. Roche, Richard D. Martland and Floyd D. Shimomura, Deputy Attys. Gen., Ronald L. MacMillen, Dist. Atty., and John Darlington, Asst. Dist. Atty., for real parties in interest.


In this mandate proceeding it appears that respondent Nevada County Superior Court refused to exercise its jurisdiction in the case of County of Nevada et al. v. MacMillen, No. 18893, challenging the validity of the Governmental Conflict of Interest Act (Stats.1973, ch. 1166; Gov.Code, §§ 3600--3760) on the ground that 'at least all non-retired Superior Court Judges are disqualified from hearing or proceeding in this cause.' We conclude that such judges are not so disqualified. (See Goodspeed v. Great Western P. Co. (1937), 19 Cal.App.2d 435, 444, 65 P.2d 1342; 1 Witkin, Cal. Procedure (2d ed. 1970) Courts, § 65, p. 344.) It is therefore ordered that respondent court proceed to hear and determine case No. 18893 pending before it. In all other respects the petition is denied. The petition to intervene and answer is also denied.

This order is final forthwith.

To continue reading

Request your trial
4 cases
  • People v. Garcia, F034831.
    • United States
    • California Court of Appeals
    • 15 Abril 2002
    ...defendants' other contentions, we find them of insufficient merit to warrant discussion"]; County of Nevada v. Superior Court (1974) 10 Cal.3d 663, 111 Cal.Rptr. 568, 517 P.2d 832; Alfred B. v. Superior Court (1970) 3 Cal.3d 718, 91 Cal.Rptr. 605, 478 P.2d 37; In Re Ckargin (1970) 2 Cal.3d ......
  • County of Nevada v. Macmillen, S.F. 23108
    • United States
    • United States State Supreme Court (California)
    • 17 Junio 1974
    ...judges are not so disqualified and directing the court to proceed to hear and determine the cause. (County of Nevada v. Superior Court, 10 Cal.3d 663, 111 Cal.Rptr. 568, 517 P.2d At trial, no factual evidence was presented, and it was stipulated that the constitutionality of the statute on ......
  • Masterson v. Superior Court of San Diego Cnty., D067097
    • United States
    • California Court of Appeals
    • 15 Enero 2015 compel a trial court to exercise jurisdiction when it has erroneously refused to do so. (County of Nevada v. Superior Court (1974) 10 Cal.3d 663, 664; Morrison Drilling Co. v. Superior Court (1962) 208 Cal.App.2d 740, 744.) Furthermore, no useful purpose would be served by full briefing ......
  • Central & West Basin Water etc. Dist. v. Wong
    • United States
    • California Court of Appeals
    • 10 Febrero 1976
    ...see also, Lassen Irrigation Co. v. Superior Court (1907) 151 Cal. 357, 361--362, 90 P. 709; County of Nevada v. Superior Court (1974) 10 Cal.3d 663, 664, 111 Cal.Rptr. 568, 517 P.2d Thus, where the Validity of a special property tax is the subject of the litigation whose outcome will, witho......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT