California Supreme Court, 1974

County of Nevada v. Superior Court

California Supreme Court · Decided January 18, 1974

517 P.2d 832; 10 Cal. 3d 663; 111 Cal. Rptr. 568; 1974 Cal. LEXIS 353 (Pacific Reporter, Second Series)

Cases that cite this one

6 later published cases cite this decision.

County of Nevada v. MacMillen (Cal. 1974)
People v. Garcia (Cal. Ct. App. 2002)
People v. Garcia (Cal. Ct. App. 2002)
Central & West Basin Water Replenishment District v. Wong (Cal. Ct. App. 1976)
Medlock Dusters, Inc. v. Dooley (Cal. Ct. App. 1982)
Masterson v. Super. Ct. CA4/1 (Cal. Ct. App. 2015)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.