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NUTRAGENETICS, LLC v. SUPERIOR COURT

No. B217853.

179 Cal.App.4th 243 (2009)

NUTRAGENETICS, LLC, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; ROBERT CAVENAH, Real Party in Interest.

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

November 17, 2009.

Attorney(s) appearing for the Case

Stearns Kim & Stearns, Lawrence P. Bemis, Ryan E. Stearns and Lauren B. Browne for Petitioner.

No appearance for Respondent.

Gallo & Associates, Ray E. Gallo and Sharon S. Laveson for Real Party in Interest.

OPINION

MOHR, J.* —

SUMMARY

This writ proceeding challenges the trial court's acceptance of a motion to disqualify the trial judge under Code of Civil Procedure section 170.6, which permits a "peremptory challenge" to the judge.1 Plaintiff filed two successive lawsuits, some two and one-half months apart, against different defendants, alleging some identical and some...

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