Modification: Lorch v. Superior Court (Kia Motors America, Inc.)

LEAH LORCH,

Petitioner,

v.

THE SUPERIOR COURT OF SAN DIEGO COUNTY,

Respondent;

KIA MOTORS AMERICA, INC.,

Real Party in Interest.

No. D083609

(San Diego County Super. Ct. No. 37-2020-00043357-CU-BC-CTL)

California Court of Appeal

Fourth Appellate District

Division One

Filed June 4, 2024

ORDER MODIFYING OPINION

NO CHANGE IN JUDGMENT

THE COURT:

The court on its own motion orders this opinion, filed on May 16, 2024, modified as follows:

On the second line of page 9, the notation "[cleaned up]" is deleted.

In the preceding sentence beginning on the bottom of page 8 and continuing on page 9, the quotation marks are deleted.

On the eighth line of page 9, the notation "[cleaned up]" is deleted.

In the preceding sentence, the quotation marks are deleted.

On the last line of the first paragraph on page 11, the notation "[cleaned up]" is deleted.

The preceding three sentences, beginning with "The master calendar exception envisions" and ending with "does not apply" are deleted. They are replaced with the following:

"The master calendar exception envisions that the parties' attorneys are personally before the court when the assignment is made. It requires the challenge be made immediately upon the assignment in order to permit the 'judge in the master calendar department to make an immediate assignment to another department and immediately to utilize the challenged judge for some other pending case.' " The court added: "[W]hen the parties were not present before the court when the assignment was made by a clerk for trial to begin in a few days, the rationale for the master calendar rule does not apply."

In the Disposition on the last line of page 15, the words "against Lorch" are deleted.

There is no change in judgment.

BUCHANAN, Acting P. J.