Legal Opinion

People v. Superior Court

California Court of Appeal

Decided August 7, 2001No. F037893PublishedCited by 16 opinions

1Opinion of the Court

Opinion

CORNELL, J.

The issue presented by this appeal is whether a litigant can peremptorily challenge a judge pursuant to Code of Civil Procedure section 170.6, subdivision (2)1 after the judge’s dismissal of the action based on the allegations in the complaint is reversed on appeal. In this action, the trial court granted defendant’s motion to dismiss the complaint concluding the action was barred by the statute of limitations. After this court reversed the order, the People challenged the judge who had erroneously dismissed the action. The trial court reasoned the People were not entitled…

2Cases cited17 opinions

  1. Solberg v. Superior CourtCalifornia Supreme Court · 1977
  2. McCartney v. Commission on Judicial QualificationsCalifornia Supreme Court · 1974
  3. Spruance v. Commission on Judicial QualificationsCalifornia Supreme Court · 1975
  4. Carney v. SimmondsCalifornia Supreme Court · 1957
  5. People v. JacksonCalifornia Court of Appeal · 1960

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3Cited by16 opinions

  1. Peracchi v. Superior CourtCalifornia Supreme Court · 2003
  2. Ziesmer v. Superior CourtCalifornia Court of Appeal · 2003
  3. State Farm Mutual Automobile Insurance v. Superior CourtCalifornia Court of Appeal · 2004
  4. Hemingway v. Superior CourtCalifornia Court of Appeal · 2004
  5. State Farm v. Superior CourtCalifornia Court of Appeal · 2004

11 more not listed; retrieve them via the Exa API.

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