Matthews

Gwendolyn Matthews (Matthews) petitions for a writ of mandate after the court denied her peremptory challenge to a judge under Code of Civil Procedure section 170.6. Matthews had previously exercised one challenge pursuant to section 170.6 and attempted to exercise another challenge after the second trial judge granted a summary judgment motion and was partially reversed on appeal. The issue presented is whether a party is entitled to more than one peremptory challenge if the case is reversed on appeal and reassigned to the same trial judge after remand. We conclude the party is limited to one challenge and accordingly deny the petition.

Background

Matthews is an employee of San Diego Gas & Electric Company, Inc. (SDG&E) which hired NARCORP to conduct an undercover investigation of the reported sale and use of illegal drugs by employees. At the conclusion of the investigation, SDG&E suspended Matthews as well as other employees and issued two written statements which suggested suspended employees had engaged in the use or sale of drugs. Matthews was later reinstated with backpay.

Matthews sued SDG&E and NARCORP for defamation, false imprisonment, and intentional and…