California Court of Appeal

In plaintiff's suit against the defendants alleging he was defrauded into investing in their company, defendants' petition for writ of mandate is denied as trial court properly found plaintiff's peremptory challenge to the judge to be timely where: 1) the second lawsuit involves a different defendant and different causes of action asserted against that defendant; and 2) the second lawsuit does not arise from conduct in, or involve enforcement or modification of an order in, the first lawsuit.

Appellate Information

• Decided 11/17/2009
• Published 11/17/2009

Judges

• MOHR, J.*

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Stearns Kim & Stearns, Lawrence B. Bemis, Ryan E. Stearns and Lauren B. Browne, Torrance, for Petitioner., Gallo & Associates, Ray E. Gallo, Los Angeles, and Sharon S. Laveson, for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.