Michael Eugene Maas, Petitioner v. the Superior Court of San Diego County, Respondent; the People, Real Party In…

Summary

The court held that a habeas corpus petition filed in superior court is part of a special proceeding under Code of Civil Procedure section 170.6, and that the judge’s initial assessment of whether the petition states a prima facie case involves a contested issue of law. A petitioner who timely requests the assigned judge’s identity may therefore peremptorily challenge that judge before the petition is ruled on, provided the judge did not participate in the underlying criminal case and all statutory requirements are satisfied. The court affirmed the Court of Appeal’s mandate directing reassignment of Maas’s petition.