Stephens v. Superior Court

Opinion

McINTYRE, J.

This case involves the interplay between two provisions of Code of Civil Procedure section 170.6 concerning peremptory challenges of judges. Section 170.6, subdivision (2), provides that in a case assigned to a judge for all purposes, a late-appearing party can bring a motion to disqualify the judge (i.e., a peremptory challenge) within 10 days after the party’s appearance. However, the same subdivision also contains a provision precluding a peremptory challenge after the judge has decided contested fact issues relating to the merits. We hold that the latter provision…