Grant

I. Introduction

This original proceeding arises from a personal injury action in which the plaintiff has filed a petition for a writ of mandate directing respondent court to vacate its order denying her Code of Civil Procedure section 170.6 peremptory challenge. Petitioner contends that the trial court judge erred in denying the peremptory challenge as untimely on grounds that the judge had previously ruled on two ex parte applications. We agree that the judge’s rulings did not bar a subsequent peremptory challenge. However, the trial court’s refusal to accept petitioner’s peremptory challenge was proper on other grounds. As we shall explain, section 170.6 does not permit a peremptory challenge to be filed or accepted when, as here, no trial or hearing involving a contested issue of law or fact is pending and the judge does not have an all-purpose assignment. Accordingly, we will deny the petition for writ of mandate.

II. Factual and Procedural Background

In December 1999, plaintiff Jennifer G. Grant filed a personal injury complaint against defendant Riva Jacobs, which alleged injuries sustained in an automobile accident. On January 26, 2000, plaintiff filed an ex…