PEOPLE v. SUPERIOR COURT (MALOY)

No. F037893.

109 Cal.Rptr.2d 897 (2001)

91 Cal.App.4th 391

The PEOPLE, Petitioner, v. The SUPERIOR COURT of Tulare County, Respondent; Leroy Jesse MALOY, Real Party in Interest.

Court of Appeals of California, Fifth District.

Review Denied November 14, 2001.


Attorney(s) appearing for the Case

Phillip J. Cline, Tulare County District Attorney, Carol B. Turner and Don H. Gallian, Assistant District Attorneys, and Barbara J. Greaver, Deputy District Attorney; Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Stephen G. Herndon and David Andrew Eldridge, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

Law Office of Gary L. Paden and Gary L. Paden, Visalia, for Real Party in Interest.


CORNELL, J.

The issue presented by this appeal is whether a litigant can peremptorily challenge a judge pursuant to Code of Civil Procedure section 170.6, subdivision (2)1 after the judge's dismissal of the action based on the allegations in the complaint is reversed on appeal. In this action, the trial court granted defendant's motion to dismiss the complaint concluding the action was...

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