California Supreme Court Watch

#24-257 J.O. v. Superior Court, S287285.  (C102071; nonpublished order; San Joaquin County Superior Court; STKMHLPSC20160000110.)  Petition for review after the Court of Appeal denied a petition for writ of mandate in a conservatorship proceeding.  The court issued an order to show cause why the relief sought in the petition should not be granted.  This case presents the following issue:  Should this court’s decision in Solberg v. Superior Court (1977) 19 Cal.3d 182 be overruled or limited insofar as it allowed a public agency to bring “blanket challenges” against particular judges under Code of Civil Procedure section 170.6?

Petition for review granted: 12/18/2024

Written return filed: 1/16/2025

Traverse filed: 1/29/2025

Supplemental briefing ordered: 9/24/2025

The parties are directed to serve and file supplemental briefs on the following question: Assuming arguendo that “blanket challenges” to a particular judge under Code of Civil Procedure section 170.6 implicate separation of powers concerns, do those concerns apply to actions taken only by executive branch offices such as a county counsel or a district attorney’s office, or does the concern apply more broadly to non-executive branch entities such as a public defender’s office or a private law firm? (See, e.g., People v. Superior Court (Tejeda) (2016) 1 Cal.App.5th 892, 896; id. at p. 912, fn. 2 (conc. opn. of Aronson, J.); id. at p. 930 (dis. opn. of Thompson, J.).)

J.O. Supplemental opening brief filed: 10/09/2025

San Joaquin County Public Conservator opening brief filed: 10/14/2025

J.O. Reply to supplemental brief filed: 10/20/2025

San Joaquin County Public Conservator Reply to supplemental brief filed: 10/29/2025

Cause argued and submitted: 3/04/2026

See the Petition for Review.

See the Oral Argument.