5th DCA pro tem update

The following are currently sitting on assignment in the 5th District:

• Judge Gregory T. Fain of the Fresno County Superior Court will be sitting pro tempore until November 30, 2025. 

• Judge Wayne Ellison (retired from Fresno County Superior Court) will be sitting pro tempore until  October 31, 2025

Also.... Happy Birthday California! Today's is CA's 175th birthday. Details here. Gov's proclamation here.

And here's an unpub from 1/3 of appellate interest:

In order to adjudicate Kugler’s demurrer—which is properly before us—we must necessarily examine the viability of the underlying breach of fiduciary duty claim against all defendants. To do otherwise would render our review of Kugler’s demurrer incomplete. This is precisely the type of “extraordinary circumstance” that warrants writ treatment. (Williams v. Impax Laboratories, Inc. (2019) 41 Cal.App.5th 1060, 1071–1072 [“ ‘An appellate court has discretion to treat a purported appeal from a nonappealable order as a petition for writ of mandate, but that power should be exercised only in unusual circumstances.’ ”].) Accordingly, we exercise our discretion to treat the challenge to the fiduciary duty ruling as a petition for writ of mandate so that Kugler’s liability can be resolved in a coherent and final manner.