Deauville Restaurant, Inc. v. Superior Court

Deauville Restaurant, Inc. (Deauville) filed a petition for writ of mandate directing respondent superior court to vacate its order rejecting Deauville’s peremptory challenge to Commissioner Levin, pursuant to Code of Civil Procedure section 170.6. The day before filing the peremptory challenge, on February 7, 2001, Deauville had filed a second application for a writ of attachment; the application was scheduled to be heard before Commissioner Levin. On September 1, 2000, Deauville had filed the first application for a writ of attachment and Commissioner Levin denied the application. The section 170.6 peremptory challenge was rejected based on the court’s view that Deauville’s second application for a writ of attachment amounted to a motion for “reconsideration” of the first application, and under section 1008, subdivision (a), the same judge who decided the original motion must hear the motion for reconsideration.

In its petition for a writ of mandate, Deauville argues the court mischar-acterized the second application as a motion for reconsideration under section 1008, subdivision (a). Instead, Deauville maintains the second application was a renewed motion under…