Maas v. Superior Court of San Diego County

Opinion

CANTIL-SAKAUYE, C. J.

—Code of Civil Procedure section 170.6 1 affords litigants the right to peremptorily challenge a superior court judge based on a good faith belief that the judge is prejudiced. When a motion under section 170.6 is in proper form and timely filed, the judge is not permitted to try the assigned civil or criminal action or special proceeding, or to hear “any matter therein that involves a contested issue of law or fact.” (§ 170.6, subd. (a)(1).) We granted review to decide whether the statute contemplates that a party may challenge the judge assigned to assess and…