In re L.A. Tr. Co.

Citations

• 158 Cal. 603

Syllabus

<p>Change of Name—Disqualification of Judge—Order Fixing Time for Hearing—Regulation of Court Business.—A judge of the superior court, who is disqualified by reason of interest, under section 170 of the Code of Civil Procedure, to sit or act in a proceeding by a corporation for a change of its name, may make the order prescribed by section 1277 of that code, fixing the time of hearing the application and directing the giving of the requisite notice. Such action on the part of the disqualified judge relates solely to the arrangement of the calendar and the regulation of the order of business, within the meaning of the exception contained in section 170.</p> <p>Id.—Sufficiency of Publication for Four Successive Weeks.—Where the petition for the change of name was filed on July 27, 1909, and the hearing set for August 24, 1909, a publication of a copy of the order in a newspaper on every day except Sunday from and including July 27, 1909, to and including August 23, 1909, is a compliance with the provisions of section 1277 of the Code of Civil Procedure, requiring such publication for four successive weeks.</p> <p>Id.—Time of Publication How Computed.—In estimating the period of such publication, section 12 of the Code of Civil Procedure, providing for the exclusion of the first day and the inclusion of the last, is applicable.</p> <p>Id.—Transfer from One Department of Superior Court to Another. —Under section 170 of the Code of Civil Procedure, in counties where there is more than one judge of the superior court, a disqualified judge may transfer the matter in which he is disqualified from his department to another department of the same court for hearing, instead of to the superior court of another county.n The provision of section 398 of that code, relating to a change to another county, is applicable only when all the judges of the county are disqualified, and when, as specified in subdivision 4 of section 397 of that code, there is no judge of the court qualified