Legal Opinion
Swift v. SUPERIOR COURT OF SANTA CLARA CTY.
California Court of Appeal
Decided March 26, 2009No. H032755PublishedCited by 5 opinions
1Opinion of the Court
Opinion
MIHARA, Acting P. J.
Petitioners Adam and Megan Swift filed a peremptory challenge pursuant to Code of Civil Procedure section 170.6 1 seeking to disqualify Judge Socrates Peter Manoukian. Judge Manoukian struck the peremptory challenge on the ground that he had previously “made a determination of contested fact issues relating to the merits.” (See § 170.6, subd. (a)(2).) Because Judge Manoukian’s only factual determinations were made in connection with discovery motions and did not relate to the merits of the case, we conclude that he erred in striking the challenge. We therefore grant…
2Cases cited19 opinions
- Johnson v. Superior CourtCalifornia Supreme Court · 1958
- Peracchi v. Superior CourtCalifornia Supreme Court · 2003
- McClenny v. Superior CourtCalifornia Supreme Court · 1964
- People v. Abdul Y.California Court of Appeal · 1982
- Zilog, Inc. v. Superior Court of Santa Clara Cty.California Court of Appeal · 2001
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3Cited by5 opinions
- Pickett v. Superior CourtCalifornia Court of Appeal · 2012
- People v. Superior Court, California Court of Appeal, 5th District2019
- People v. Super. Ct. (Olivo)California Court of Appeal · 2019
- Rothstein v. Superior Court of Los Angeles CountyCalifornia Court of Appeal · 2016
- Yannoulatos v. Superior Court CA2/4California Court of Appeal · 2020