Brown

In 1982 the California Legislature amended the statute governing peremptory challenges of judges by adding a special procedure for one judge courts. Beginning on January 1, 1983, that statute requires that a peremptory motion to disqualify the judge of a one judge court “shall be made before the expiration of 30 days from the date of the first appearance in the action of the party who is making the motion or whose attorney is making the motion.” (Code Civ. Proc., § 170.6, subd. (2).) The issue in this case is whether the amended statute applies to the disqualification motion of a party who appeared in the action before the amendment’s effective date but made the motion after that date. We hold that it does not. In the course of that holding we also explain the operation of this statute in change of venue cases.

Plaintiffs Stuart Brown, Warren Wolfsen and James Diener appeal from two adverse summary judgments, which together resulted in the dismissal of their action as to all defendants. The action arose out of a grazing agreement and the subsequent injury to plaintiffs’ cattle. Plaintiffs advance several contentions on appeal, including the argument that because they…