McNair v. Superior Court of Los Angeles County

Opinion

ALDRICH, J.—

INTRODUCTION

In this proceeding, we hold that Code of Civil Procedure section 170.6, subdivision (a)(2) 1 allows a party to exercise a second peremptory challenge only after prevailing in an appeal from a final judgment, but not following reversal of an interim decision. Early in this litigation, the National Collegiate Athletic Association (NCAA) successfully challenged a jurist under section 170.6. Thereafter, we affirmed in part and reversed in part the denial of a special motion to strike under the anti-SLAPP statute. 2 The trial judge who had ruled on the anti-SLAPP…