Penthouse International, Ltd. v. Superior Court

Real parties in interest were plaintiffs in a libel suit against petitioners Penthouse International, Ltd., and Robert C. Guccione. After a lengthy jury trial resulting in a defense verdict, defendants filed a statement of disqualification pursuant to Code of Civil Procedure section 170 against Kenneth W. Gale, the judge who had presided over the trial. The statement of objection to Judge Gale was filed almost two months after the May jury verdict and only a couple of days before the July 9 hearing on the motion for new trial. Judge Gale struck the disqualification statement and proceeded to make various rulings, including granting a new trial as to plaintiffs Adelson and Molasky. Petitioners seek relief by way of writ of mandate and/or prohibition to direct the superior court to vacate the order striking the statement of objections to the qualification of Judge Gale to hear the motion for new trial and to enter a new and different order transferring the matter to another judge pursuant to Code of Civil Procedure section 170, subdivision (e).

Procedural History

While the jury trial in the libel action was proceeding, defendants believed they had discovered ground for…