Legal Opinion
Ghaffarpour v. Superior Court
California Court of Appeal
Decided January 27, 2012No. B234097PublishedCited by 2 opinions
1Opinion of the Court
Opinion
KITCHING, J.
The issue before this court is whether a superior court local rule conflicts with Code of Civil Procedure section 170.6 (section 170.6). We conclude the local rule is void because it conflicts with the statute.
Section 170.6, subdivision (a)(2) states that when the Court of Appeal remands a case to the superior court and the trial judge in the prior proceeding is assigned to conduct a new trial on the matter, the party who filed the appeal may file a motion to disqualify the judge within 60 days of the date the party or the party’s attorney “has been notified of the…
2Cases cited10 opinions
- Palma v. U.S. Industrial Fasteners, Inc.California Supreme Court · 1984
- Lewis v. Superior CourtCalifornia Supreme Court · 1999
- Elkins v. Superior CourtCalifornia Supreme Court · 2007
- Peracchi v. Superior CourtCalifornia Supreme Court · 2003
- Stegs Investments v. Superior CourtCalifornia Court of Appeal · 1991
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3Cited by2 opinions
- Denise Schmidt v. Contra Costa CountyCourt of Appeals for the Ninth Circuit · 2012
- Persons Coming Under the Juvenile Court Law. L. A. Cnty. Dep't of Children v. Maria O. (In re Harley C.), California Court of Appeal, 5th District2019