Shipp v. Superior Court

Opinion

GRIGNON, J.

Petitioner challenges an order of respondent court denying as untimely his peremptory challenge to the assigned judge pursuant to Code of Civil Procedure section 170.6. In denying the motion, respondent court took the position that the challenged judge had been assigned to the case for all purposes pursuant to a local court policy. Petitioner asserts that the assignment was not truly an all-purpose assignment, and the challenge was timely filed under the “10-day/5-day” rule of section 170.6. We conclude: (1) a local court policy can provide a valid mechanism for making an…