STATE FARM v. SUPERIOR COURT

No. B174063.

17 Cal.Rptr.3d 146 (2004)

121 Cal.App.4th 490

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Jerry Hill et al., Real Parties in Interest.

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

August 9, 2004.


Attorney(s) appearing for the Case

Heller Ehrman White & McAuliffe, Paul Alexander, Robin A. Schaefers, Julia M. Laurin, Menlo Park; Skadden, Arps, Slate, Meagher & Flom and Raoul D. Kennedy, San Francisco, for Petitioner.

No appearance for Respondent.

Hennigan, Bennett & Dorman, J. Michael Hennigan, Mark Anchor Albert, Michael Swartz, Los Angeles; Gianelli & Morris, Timothy J. Morris, Los Angeles; Ernst and Mattison, Raymond E. Mattison; Law Offices of Robert S. Gerstein and Robert S. Gerstein for Real Parties in Interest.


MALLANO, J.

In general, if a trial judge enters judgment in a civil action, and the judgment is reversed on appeal, resulting in a remand to the trial judge for a "new trial," any party can disqualify the judge by way of a peremptory challenge. (See Code Civ. Proc., § 170.6, subd. (a)(2), 2d par.)

In the present case, after the pleading stage, defendant filed a motion in the trial court to resolve a conflict of laws issue: whether California law or Illinois...

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