PERACCHI v. SUPERIOR COURT

No. S103681.

135 Cal.Rptr.2d 639 (2003)

30 Cal.4th 1245

70 P.3d 1054

James PERACCHI, Petitioner, v. The SUPERIOR COURT of Fresno County, Respondent; The People, Real Party in Interest.

Supreme Court of California.

Rehearing Denied September 10, 2003.


Attorney(s) appearing for the Case

David A. Gottlieb, Fresno; Nuttall Berman Attorneys and Roger T. Nuttall, for Petitioner.

No appearance for Respondent.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, J. Robert Jibson, Anthony L. Dicce and Janine R. Busch, Deputy Attorneys General, for Real Party in Interest.


GEORGE, C.J.

In this case we interpret Code of Civil Procedure section 170.6, subdivision (2).1 Section 170.6 permits a party in civil and criminal actions to move to disqualify an assigned trial judge on the basis of a simple allegation by the party or his or her attorney that the judge is prejudiced against the party. Various restrictions on the timing of the motion are imposed by this...

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