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California Court of Appeal

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In re Needles Cases, H030303

After one of real party's phlebotomists was terminated for reusing needles to draw blood from patients, one patient acquired HIV and another may have acquired Hepatitis C, petition for a writ of mandamus is granted as a party in a coordinated action who successfully challenges a summary judgment on appeal may thereafter exercise a peremptory challenge of the judge presiding over the coordinated proceedings under Code of Civil Procedure section 170.6(a)(2), notwithstanding the time limits specified in California Rules of Court, rule 3.516.

Appellate Information

  • Decided 03/09/2007
  • Published 03/09/2007


  • ELIA, Acting P.J.


  • California Court of Appeal


  • For Appellant:
  • Smoger & Associates and Gerson H. Smoger, Oakland, for Petitioners., Drinker, Biddle & Reath and Charles F. Preuss, Alan J. Lazarus, Thomas W. Pulliam, Jr. and Michelle A. Childers, San Francisco, for Real Parties in Interest.

  • For Appellees:
  • No Appearance for Respondent.
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