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...

Continue Reading...
Close

50% Complete

Two Step

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.