Depper

By petition for writ of mandate, Stuart Depper contests the order of the Alameda County Superior Court denying his Code of Civil Procedure section 170.6 challenge as having been untimely filed. (See Code Civ. Proc., § 170.3., subd. (d).) We issued an alternative writ directing respondent court to vacate its order denying the challenge and to enter a new order granting it or to show cause why a peremptory writ of mandate should not issue. Respondent court has elected to show cause. The issue presented in this case is whether the section 170.6 challenge was untimely because it was not made before the hearing at which the court summarily revoked probation and set the date for hearing on the petition to revoke probation. We conclude that the trial court erred in finding the challenge untimely and order issuance of a peremptory writ.

Factual and Procedural Background

Petitioner was convicted on May 22, 1996, upon his plea of guilty to violating Health and Safety Code section 25189.5 subdivision (b), illegal disposal of hazardous waste. Following entry of his plea before Judge James Lambden, petitioner was placed on probation for three years on specified conditions, which…