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FRISK v. SUPERIOR COURT

No. G045591.

200 Cal.App.4th 402 (2011)

132 Cal. Rptr. 3d 602

RICHARD A. FRISK, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; NORTHWEST SURGICAL DEVELOPMENT COMPANY, INC., Real Party in Interest.

Court of Appeals of California, Fourth District, Division Three.

October 28, 2011.

Attorney(s) appearing for the Case

Neal M. Goldstein for Petitioner.

No appearance for Respondent.

Greco, Traficante, Schulz & Brick, Clyde C. Greco, Jr. , Peter J. Schulz and Jon S. Brick for Real Party in Interest.

OPINION

ARONSON, J.—

This writ proceeding involves a defendant with as brief a lifespan in the underlying action as an adult mayfly. During its short presence in the lawsuit, the defendant filed a peremptory challenge to the assigned judge under Code of Civil Procedure section 170.6.1 The defendant was dismissed from the lawsuit, however, before the trial court accepted the peremptory challenge. As a result...

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