Grant v. Superior Court

Opinion

PREMO, Acting P. J.

I. Introduction

This original proceeding arises from a personal injury action in which the plaintiff has filed a petition for a writ of mandate directing respondent court to vacate its order denying her Code of Civil Procedure section 170.6 1 peremptory challenge. Petitioner contends that the trial court judge erred in denying the peremptory challenge as untimely on grounds that the judge had previously ruled on two ex parte applications. We agree that the judge’s rulings did not bar a subsequent peremptory challenge. However, the trial court’s refusal to accept…