Guardado v. Superior Court of Los Angeles County

Opinion

FLIER, J.

— Code of Civil Procedure section 170.6 (hereafter section 170.6) empowers a party to assert a peremptory challenge to a judge upon the filing of an affidavit by the party’s attorney. Subdivision (a)(2) of section 170.6 provides in pertinent part: “The fact that a judge, court commissioner, or referee has presided at or acted in connection with a pretrial conference or other hearing, proceeding, or motion prior to trial and not involving a determination of contested fact issues relating to the merits shall not preclude the later making of the motion provided for herein at the…