California Court of Appeal
Orion Communications v. Superior Court (Sameis Holdings, LLC), D064979
Following plaintiff's motion to add Sameis Holdings as an additional judgment debtor along with the original judgment debtor, Dipatch & Tracking Solutions (DTS), the trial court erred in granting the peremptory challenge filed by Sameis Holdings pursuant to Code of Civil Procedure section 170.6, where: 1) DTS previously filed a Code of Civil Procedure section 170.6 peremptory challenge; 2) there is insufficient evidence to support a finding that the interests of DTS and Sameis are substantially adverse; and therefore, 3) the one challenge per side rule applies to bar a subsequent section 170.6 peremptory challenge by Sameis.
Appellate Information
- Decided 05/14/2014
- Published 05/14/2014
Judges
- McDONALD
Court
- California Court of Appeal