Stephens

This case involves the interplay between two provisions of Code of Civil Procedure section 170.6 concerning peremptory challenges of judges. Section 170.6, subdivision (2), provides that in a case assigned to a judge for all purposes, a late-appearing party can bring a motion to disqualify the judge (i.e., a peremptory challenge) within 10 days after the party’s appearance. However, the same subdivision also contains a provision precluding a peremptory challenge after the judge has decided contested fact issues relating to the merits. We hold that the latter provision precludes a peremptory challenge by a late appearing party in a proceeding in which the judge determined a contested fact issue relating to the merits or in a subsequent proceeding that qualifies as a continuation of such a proceeding. Here, the court properly denied the peremptory challenge motion at issue because the motion was made in a proceeding that was a continuation of a proceeding in which the judge determined contested fact issues relating to the merits.

Factual and Procedural Background

The instant case involves a trust created by the late Lawrence John Stephens for the benefit of his wife,…