GUARDADO v. SUPERIOR COURT

No. B201147.

163 Cal.App.4th 91 (2008)

JANE GUARDADO, a Minor, etc., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; MARIPOSA GARDENS et al., Real Parties in Interest.

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

May 22, 2008.


Attorney(s) appearing for the Case

Carpenter & Zuckerman and John C. Carpenter for Petitioner.

No appearance for Respondent.

Dickstein Shapiro, James Turken; Cole Pedroza, Curtis A. Cole and Matthew S. Levinson for Real Party in Interest Max Webb.


OPINION

FLIER, J.

Code of Civil Procedure section 170.6 (hereafter section 170.6) empowers a party to assert a peremptory challenge to a judge upon the filing of an affidavit by the party's attorney. Subdivision (a)(2) of section 170.6 provides in pertinent part: "The fact that a judge, court commissioner, or referee has presided at or acted in connection with a pretrial conference or other hearing, proceeding, or motion prior to trial...

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