When an independent calendar judge sends a case to the "wheel" for trial, when must a peremptory challenge be filed re the new trial judge?
New CA Civil Procedure Case
When an independent calendar judge sends a case to the "wheel" for trial,
when must a peremptory challenge be filed re the new trial judge?
Last month, the Fourth District Court of Appeal addressed this issue. Below is my one-paragraph summary of this new decision:
Lorch v. Superior Court of San Diego County (2024) _ Cal.App.5th _ , 2024 WL 2205292: The Court of Appeal granted a writ petition seeking to overturn the trial court’s order denying plaintiff’s Code of Civil Procedure section 170.6 peremptory challenge to Judge Timothy B. Taylor, the judge newly assigned to preside over the trial of her case. Judge Taylor ruled that the peremptory challenge was untimely under the master calendar rule, which requires a party to file a section 170.6 challenge to the judge supervising the master calendar not later than the time the cause is assigned for trial.” (§ 170.6(a)(2).) After denying the peremptory challenge and refusing to stay the trial, Judge Taylor immediately began a two-day jury trial, which resulted in a defense verdict and judgment in favor of defendant. Plaintiff then filed this petition within the statutory 10-day period. (§ 170.3(d).) The Court of Appeal held that plaintiff’s section 170.6 challenge was timely filed before the trial began, and rejected defendant’s laches argument claiming that plaintiff should have sought relief with the Court of Appeal before the trial started. The Court of Appeal also concluded that Superior Court of San Diego County, Local Rules, rule 2.1.3 (rule 2.1.3), which purports to provide any superior court judge with the power to act as a master calendar department for purposes of assigning cases for trial, was inconsistent with section 170.6 and case law interpreting the statute. The writ petition was granted with directions to vacate the void orders and judgment entered by Judge Taylor after denying the peremptory challenge. (C.A. 4th, May 16, 2024.)
I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. To discuss a potential case, email me at [email protected], or call me at (619) 990-4312.
Until my next blog post, do well and be well.
Best regards,
Monty A. McIntyre, Esq.
Civil Trial Attorney
Master Lawyer Mentoring™
Podcaster: Trial Alchemy™
Publisher: California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]
