Grobstein v. 6th & UPAS CA4/3
The notice of appeal in this case is from a minute order dated June 6, 2015. The minute order did three things. It (1) granted the motion of Howard Grobstein (Grobstein or the Trustee), chapter 7 bankruptcy trustee for Point Center Financial, Inc. (PFC), to disqualify attorney Jeffrey Benice from representing an entity known as 6th & Upas (Upas), in this state court proceeding. It also (2) struck an answer and cross-complaint filed by Benice on behalf of Upas. And, finally, it (3) struck a Code of Civil Procedure section 170.6 declaration filed by Benice trying to remove Judge Bauer as trial judge from the case.
The last item – the striking of the affidavit filed against the trial judge – is clearly nonappealable. A statute, section 170.3, subdivision (d), directly says so: “The determination of the question of the disqualification of a judge is not an appealable order and may be reviewed only by a writ of mandate from the appropriate court of appeal sought only by the p
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