Lawrence

Petitioners seek a writ of mandate directing the superior court to vacate its order denying petitioners’ peremptory challenge pursuant to Code of Civil Procedure section 170.6, which denial was based on a finding that the challenge was untimely, and compelling the court to disqualify Judge Diane Wayne, assign a new judge to the case, and vacate all orders made by Judge Wayne after the filing of petitioners’ peremptory challenge. We summarily denied the petition on July 27, 1988. The Supreme Court granted review on September 15 and directed us to issue an alternative writ. We issued an order and alternative writ, and oral argument has been had thereon. We conclude the peremptory challenge was untimely under Los Angeles County Superior Court’s Trial Court Delay Reduction Act rules (Super. Ct. L. A. County Rules, ch. 11) Project Rule 1104.1. Accordingly, the petition for writ is denied.

Procedural Background

Real party in interest brought an action against petitioners in 1985 for breach of contract and recovery on a promissory note. After being inactive for almost three years, real party served petitioners with a motion for summary judgment or alternatively for summary…