California, United States of America
The following excerpt is from T. P. B. v. Superior Court, 136 Cal.Rptr. 311, 66 Cal.App.3d 881 (Cal. App. 1977):
The situation in the present case did not involve a mere error of law or procedure; rather it involved the very jurisdiction of the trial judge to proceed with the action. The posture in which the action found itself is akin to the legal necessity deemed a physical cause beyond the control of the court brought about by the illness or absence of the judge. (See Curry v. Superior Court, supra, 2 Cal.3d 707, 714, 87 Cal.Rptr. 361, 470 P.2d 345.)
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