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STEPHENS v. SUPERIOR COURT

No. D038328.

116 Cal.Rptr.2d 616 (2002)

96 Cal.App.4th 54

David Roy STEPHENS, Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; James Stephens, as Cotrustee, etc., et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division One.

February 8, 2002.

Attorney(s) appearing for the Case

Mazzarella, Dunwoody & Caldarelli, Mark C. Mazzarella, Bryan C. Vess and Robert A. Carichoff, San Diego, for Petitioner.

No appearance for Respondent.

Luce, Forward, Hamilton & Scripps, Los Angeles, and Charles A. Bird, San Diego; Duckor, Spradling & Metzger, John C. Wynne and Stephen A. Bond, San Diego; Beamer, Lauth & Steinley and Martin H. Steinley; and Richard H. Benes, San Diego, for Real Parties in Interest.

McINTYRE, J.

This case involves the interplay between two provisions of Code of Civil Procedure, section 170.6 concerning peremptory challenges of judges. Section 170.6, subdivision (2), provides that in a case assigned to a judge for all purposes, a late appearing party can bring a motion to disqualify the judge (i.e., a peremptory challenge) within 10 days after the party's appearance. However, the same subdivision...

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