California Court of Appeal

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Hayward v. Superior Court, 144823

In a matrimonial case arise from the failure of an attorney serving as a temporary judge pursuant to article VI, section 21 of the California Constitution to disclose grounds for her disqualification in the manner required by a canon of the Code of Judicial Ethics applicable specifically to temporary judges, a writ petition is granted and the trial court's judgment is vacated where: 1) the settlement agreement signed by the parties prior to disqualification of the temporary judge was tainted by the disqualifying conduct of the temporary judge and therefore may not be enforced pursuant to Code of Civil Procedure section 646.6; but 2) the conduct of the disqualified temporary judge did not taint the proceedings before the superior court judge who replaced her.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2016/08/03

Judges

  • KLINE

Court

  • California Court of Appeal

Counsel


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