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SWIFT v. SUPERIOR COURT OF SANTA CLARA CTY.

No. H032755.

172 Cal.App.4th 878 (2009)

ADAM SWIFT et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; MOIRA MITCHELL et al., Real Parties in Interest.

Court of Appeals of California, Sixth District.

March 26, 2009.

Attorney(s) appearing for the Case

Gates, Eisenhart & Dawson and Marc A. Eisenhart for Petitioners.

No appearance for Respondent.

Law Offices of Maynard & Hogan and Douglas Scott Maynard for Real Parties in Interest.

OPINION

MIHARA, Acting P. J.—

Petitioners Adam and Megan Swift filed a peremptory challenge pursuant to Code of Civil Procedure section 170.61 seeking to disqualify Judge Socrates Peter Manoukian. Judge Manoukian struck the peremptory challenge on the ground that he had previously "made a determination of contested fact issues relating to the merits." (See § 170.6, subd. (a)(2).) Because Judge Manoukian...

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