California Court of Appeal

In a case in which the trial court denied a motion by the plaintiffs to disqualify a judge after the case had been remanded, a writ of mandate is issued directing the trial court to vacate its order, where: 1) the time period to file a peremptory challenge to a judge pursuant to Civil Code section 170.6(a)(2) begins on the date of the notice of assignment; 2) the issuance of a remittitur does not provide the required notification, so that a local superior court rule providing that the time period for filing a motion to disqualify begins to run from the date of issuance of the remittitur is void.

Appellate Information

• Decided 01/27/2012
• Published 01/27/2012

Judges

• Kitching

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Aroustamian & Associates, Frederick R. Bennet