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California Court of Appeal

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Swift v. Superior Court of Santa Clara County, H032755

In a landlord tenant action, petition for a writ of mandamus directing Santa Clara County Superior Court to vacate an order striking a peremptory challenge seeking to disqualify the judge in the case is granted where the trial court judge erred in striking the challenge, as his only factual determinations in earlier hearings were made in connection with discovery motions and did not relate to the merits of the case. The limited exceptions to automatic disqualification under Code of Civ. Pro. section 170.6 thus do not apply, and the trial court is directed to enter a new order accepting the peremptory challenge.

Appellate Information

  • Decided 03/26/2009
  • Published 03/26/2009


  • MIHARA, Acting P.J.


  • California Court of Appeal


  • For Appellant:
  • Marc A. Eisenhart, Gates, Eisenhart & Dawson, San Jose, for Petitioners., Douglas Scott Maynard, Maynard Law Offices, Campbell, for Real Parties in Interest.

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