California Court of Appeal

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Ghaffarpour v. Superior Court, B234097

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