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MAAS v. SUPERIOR COURT

No. S225109.

1 Cal.5th 962 (2016)

MICHAEL EUGENE MAAS, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

November 7, 2016.

Attorney(s) appearing for the Case

Russell S. Babcock , under appointment by the Supreme Court, for Petitioner.

No appearance for Respondent.

Kamala D. Harris , Attorney General, Edward C. DuMont , State Solicitor General, Gerald A. Engler , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, Steven T. Oetting , Deputy State Solicitor General, Lise S. Jacobson , Peter Quon, Jr. , and Susan E. Miller , Deputy Attorneys General, for Real Party in Interest.

OPINION

Code of Civil Procedure section 170.61 affords litigants the right to peremptorily challenge a superior court judge based on a good faith belief that the judge is prejudiced. When a motion under section 170.6 is in proper form and timely filed, the judge is not permitted...

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