Legal Question in Real Estate Law in California

Re: STOP a Peremptory Challenge

As long as it was timely, there is nothing that can be done.

JOEL SELIK Attorney at Law

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Re: STOP a Peremptory Challenge

I believe under Code of Civil Procedure section 170.6, a party or its attorney may make one peremptory challenge to the assigned judge if the motion to disqualify is made before the judge has ruled on a contested issue in the case, and that no actual ground or cause needs to be pled and proven. After the judge has decided an issue, it becomes much more difficult; one must actually show some pretty serious problem.

If the 170.6 challenge is timely and made in the proper form, its effect is automatic and instantaneous, and there is no way to prevent it from taking effect.

Re: STOP a Peremptory Challenge

Unless the challenge is not timely, you cannot stop it. Every party is entitled to one peremptory as a matter of right, provided it is made timely.