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County of Nevada v. Superior Court

COUNTY OF NEVADA Et Al., Petitioners, v. THE SUPERIOR COURT OF NEVADA COUNTY, Respondent; RONALD W. MacMILLEN, as District Attorney, Etc., Et Al., Real Parties in Interest

Cnty. of Nev. v. Superior Court, 517 P.2d 832 (Cal. 1974)
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Court
California Supreme Court · State Highest Courts
Decided
January 18, 1974
Docket
No. Sac. 8003
Citations
517 P.2d 83210 Cal. 3d 663111 Cal. Rptr. 5681974 Cal. LEXIS 353
Cited by 5

Opinion

Opinion THE COURT.

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 nonretired 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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 5 cases

View all citing references →
1974: 11976: 11982: 12002: 12015: 119742026peak 1974 · 1

Relies on it most ⓘ

  1. People v. Garcia97 Cal. App. 4th 847 (2002)
  2. County of Nevada v. MacMillen522 P.2d 1345 (Cal. 1974)
  3. Central & West Basin Water Replenishment District v. Wong55 Cal. App. 3d 191 (1976)
  4. Medlock Dusters, Inc. v. Dooley129 Cal. App. 3d 496 (1982)
  5. Masterson v. Super. Ct.No. D067097 (Cal. Ct. App. Jan. 15, 2015)

Most recent

  1. Masterson v. Super. Ct.No. D067097 (Cal. Ct. App. Jan. 15, 2015)
  2. People v. Garcia97 Cal. App. 4th 847 (2002)
  3. Medlock Dusters, Inc. v. Dooley129 Cal. App. 3d 496 (1982)
  4. Central & West Basin Water Replenishment District v. Wong55 Cal. App. 3d 191 (1976)
  5. County of Nevada v. MacMillen522 P.2d 1345 (Cal. 1974)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Goodspeed v. Great Westernn Power Co., 65 P.2d 1342 (Cal. Ct. App. 1937) 9

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