Andrews

The fundamental question which we must decide in this case is whether the trial judge was disqualified to act because of a peremptory challenge directed against him pursuant to the provisions of Code of Civil Procedure section 170.6. As we explain infra, we have concluded that the instant proceeding in which disqualification was sought, although designated by a , different number in the court below, was in reality a part and continuation of other proceedings pending therein in which the same trial judge had previously heard a matter involving a contested issue of law or fact and that the motion for his disqualification was therefore not timely made. Additionally, we find no error in his disposition of the proceedings below. We therefore affirm the order and judgment appealed from.

We set forth a chronology of the pertinent procedural events giving rise to the present controversy: On March 26, 1962 plaintiffs and appellants in the instant action (No. 541755) and other parties brought an action in the court below (No. 520151) against defendants and respondents in the instant action and other parties alleging a breach of a certain collective bargaining agreement and seeking the issu…