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TRI COUNTIES BANK v. SUPERIOR COURT

No. F055084.

167 Cal.App.4th 1332 (2008)

TRI COUNTIES BANK, Petitioner, v. THE SUPERIOR COURT OF FRESNO COUNTY, Respondent; LINDA L. AMAYA-GUENON et al., Real Parties in Interest.

Court of Appeals of California, Fifth District.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Jeffer, Mangels, Butler & Marmaro, Michael J. Hassen and Richard A. Rogan for Petitioner.

Edmund G. Brown, Jr., Attorney General, Christopher E. Krueger, Assistant Attorney General, Jonathan K. Renner and Peter A. Krause, Deputy Attorneys General, for Respondent.

William M. Krieg & Associates, William M. Krieg and Patrick C. McManaman for Real Parties in Interest.

OPINION

KANE, J.

In the proceedings below, petitioner Tri Counties Bank sought to disqualify the trial judge, the Honorable Adolfo Corona, on the ground that he conducted an independent investigation of a factual issue material to a class certification motion in the case, thereby creating the appearance of partiality. The trial court struck petitioner's statement of objection as untimely under Code of Civil Procedure section 170.3, subdivision...

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