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Name: D.M. v. Superior Court (Los Angeles County)
Case #: B228530
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 06/17/2011

A challenge to a juvenile court referee on the basis of Code of Civil Procedure section 170.6 was not untimely when the referee had not yet made a determination of contested fact issues and the presiding judge lacked authority to assign a delinquency matter to a referee “for all purposes.”

A petition for writ of mandate was timely where the denial of the challenge was not served by written notice. Code of Civil Procedure 170.3, subdivision (d) provides that the writ is to be filed within 10 days after service of entry of the court’s order denying disqualification, but where there was no written notice, a writ filed 20 days after the denial was timely.