Legal Opinion
Frisk v. Superior Court
California Court of Appeal
Decided October 28, 2011No. G045591PublishedCited by 22 opinions
1Opinion of the Court
Opinion
ARONSON, J.
This writ proceeding involves a defendant with as brief a lifespan in the underlying action as an adult mayfly. During its short presence in the lawsuit, the defendant filed a peremptory challenge to the assigned judge under Code of Civil Procedure section 170.6.1 The defendant was-dismissed from the lawsuit, however, before the trial court accepted the peremptory challenge. As a result, the court deemed the peremptory challenge moot because it was not made by a “party” to the action.
Does a peremptory challenge not yet reviewed and accepted by the court survive the dismissal…
2Cases cited24 opinions
- Palma v. U.S. Industrial Fasteners, Inc.California Supreme Court · 1984
- Solberg v. Superior CourtCalifornia Supreme Court · 1977
- Kowis v. HowardCalifornia Supreme Court · 1992
- Santa Clara County Local Transportation Authority v. GuardinoCalifornia Supreme Court · 1995
- Lewis v. Superior CourtCalifornia Supreme Court · 1999
19 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Ducoing Management, Inc. v. Superior Court of Orange CountyCalifornia Court of Appeal · 2015
- People v. Superior Court of Riverside CountyCalifornia Court of Appeal · 2017
- Magana v. Superior Court of San Mateo Cnty., California Court of Appeal, 5th District2018
- Sunrise Fin., LLC v. Superior Court of San Diego Cnty., California Court of Appeal, 5th District2019
- People v. GuerraCalifornia Court of Appeal · 2016
17 more not listed; retrieve them via the Exa API.