California Court of Appeal

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Gridley v. Gridley, A118084, A118452, A120925

Orders denying appellants' motion to disqualify attorney and an April 2007 order are reversed where: 1) appellants were not barred from challenging the judge's authority; 2) appellants stipulated to the justice's appointment; 3) the justice was authorized to resolve family disputes during probate administration; 4) the justice was not authorized to adjudicate the Dixon Ranch petition; and 5) power of temporary judge did not extend to adjudication of the 2006 Dixon Ranch petition pertaining equally to the orders on the disqualification motion and requires those orders be reversed. Petition for writ of mandate is summarily denied where the challenge to the judge's discretionary decision to consolidate undeniably related proceedings in the lower court is now, itself, a moot question.

Appellate Information

  • Decided 09/23/2008
  • Published 09/23/2008


  • HAERLE, J.


  • California Court of Appeal


  • For Appellant:
  • Dennis L. Livingston, Mary E. Mix, Livingston Mix LLP, San Francisco, for Appellant Christine Bennett., George G. Benetatos, Law Office of George G. Benetatos, San Francisco, for Appellant Patricia Gridley.

  • For Appellees:
  • James M. Wagstaffe, Keith K. Fong, Holly Hogan, Kerr & Wagstaffe LLP, Benjamin R. Winslow, Law Offices of Benjamin R. Winslow, San Francisco, for Respondents and Petitioners.
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