Challenge to Judge

Name: Garcia v. Superior Court (2023) 92 Cal.App.5th 47
Case #: E080436
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 05/30/2023
Subsequent History: Modified 6/7/2023
  • Categories: Challenge to Judge, Extraordinary Remedies, Habeas Corpus (State), Jails

For purposes of Code of Civil Procedure section 170.6, governing the timeliness of a peremptory challenge to a superior court judge, a habeas proceeding can be a continuation of a criminal action where the issues raised are related to the criminal…

View Full Summary
Name: Mendoza v. Superior Court
Case #: D078566
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/23/2021
  • Categories: Challenge to Judge, Extraordinary Remedies, Habeas Corpus (State), Pretrial Motions

In a habeas proceeding where no "new trial" is ordered, a peremptory challenge to the judge is subject to the 10-day deadline under Code of Civil Procedure section 170.6, subdivision (a)(2). Petitioner Mendoza filed a petition for writ of habeas…

View Full Summary
Name: People v. Superior Court (Oliva)
Case #: E072283
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/27/2019
  • Categories: Challenge to Judge, Pretrial Motions

After the prosecution successfully moved to dismiss a case, a new case began when the prosecution filed a complaint with the same charges and, as a result, the simultaneously filed peremptory challenge against the judge was timely. The defendant was…

View Full Summary
Name: Birts v. Superior Court (San Mateo)
Case #: A152923
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 04/11/2018
  • Categories: Challenge to Judge, Pretrial Motions

Prosecution's peremptory challenge to judge who was reassigned to case when it was refiled should have been denied as untimely because it was a clear effort by the prosecution to avoid the trial judge's orders in previously dismissed case. Birts…

View Full Summary
Name: Maas v. Superior Court
Case #: S225109
Court: CA Supreme Court
District CalSup
Opinion Date: 11/07/2016
  • Categories: Challenge to Judge, Extraordinary Remedies, Habeas Corpus (State), Pretrial Motions

Under Code of Civil Procedure section 170.6, a party may challenge judge assigned to assess and rule on a petition for writ of habeas corpus at the initial stage of the habeas corpus process, before an order to show cause…

View Full Summary
Name: People v. Superior Court (Tejeda)
Case #: G052932
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 07/25/2016
  • Categories: Challenge to Judge, Pretrial Motions

Based on the reasoning in Solberg v. Superior Court (1977) 19 Cal.3d 182, a district attorney may disqualify a particular trial judge in every murder case (Code Civ. Proc., § 170.6) even though the blanket challenge substantially disrupts the trial…

View Full Summary
Name: Jones v. Superior Court (Nevada County)
Case #: C080359
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/08/2016
  • Categories: Challenge to Judge, Pretrial Motions

The one-judge-court deadline to challenge a judge under Penal Code section 170.6, does not apply to branches of a superior court for which there is only one assigned judge. Petitioners were charged with a drug offense in the Truckee branch…

View Full Summary
Name: Maas v. Superior Court (San Diego County)
Case #: D064639
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/10/2014
Subsequent History: Review granted 3/25/2015: S225109
  • Categories: Areas Constitutional Law, Challenge to Judge, Due Process, Pretrial Motions

Defendant who petitions for writ of habeas corpus has a right to challenge the judge assigned to the petition when the matter is given to a judge other than the original trial judge. Maas, who was serving a life Three…

View Full Summary
Name: People v. Peyton
Case #: B248767
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 09/16/2014
  • Categories: Admitting/Excluding, By CALCRIM Number, Challenge to Judge, Evidence, Hearsay, Jury Instructions, Pretrial Motions, Right to Counsel, Self-Representation, Similars/Character/Conduct

Trial court did not err in denying Caperton motion for judicial disqualification where defendant failed to show an unconstitutional level of actual bias. Peyton was charged with two counts of receiving stolen property and one count of identity theft. After…

View Full Summary
Name: D.M. v. Superior Court (Los Angeles County)
Case #: B228530
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 06/17/2011
  • Categories: Challenge to Judge, Pretrial Motions

A challenge to a juvenile court referee on the basis of Code of Civil Procedure section 170.6 was not untimely when the referee had not yet made a determination of contested fact issues and the presiding judge lacked authority to…

View Full Summary