Bontilao v. Superior Court
Annotate this CaseIn 1999, Bontilao was convicted of second-degree murder and sentenced by the Santa Clara County Superior Court to 15 years to life in prison. In 2018, Bontilao filed a habeas corpus petition, challenging a 2017 decision by the Board of Parole Hearings denying him parole, Bontilao sent a letter, requesting the identity of the judge assigned to adjudicate his habeas petition. The court notified Bontilao that the petition had been assigned to Judge Weinstein but later notified Bontilao that Judge Weinstein was unavailable, and the matter was reassigned to Judge Zecher “for all purposes.” The order was mailed to Bontilao on June 29, 2018. The court extended the time for the order on Bontilao’s petition. Bontilao received the order on July 3. On July 23, Bontilao delivered for mailing a challenge against Judge Zecher under Code of Civil Procedure section 170.6. On August 16, Judge Zecher struck the challenge as untimely under the all-purpose assignment rule. Bontilao's mandamus petition was summarily denied. The California Supreme Court transferred the matter back. The court of appeal issued an order to show cause, appointed counsel for Bontilao, provided the Board the opportunity to file a return, and gave Bontilao the opportunity to file a reply. The court of appeal then concluded that the order naming the assigned judged constituted an all-purpose assignment under section 170(a)(2) and that Bontilao’s challenge was not timely.
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