Paterno

In 1985, the Legislature amended Code of Civil Procedure section 170.6, subdivision (a)(2) (hereafter section 170.6(a)(2)), to permit a party to make a peremptory challenge when the same trial judge is assigned to conduct a “new trial” after a reversal on appeal. (Stats. 1985, ch. 715, § 1, p. 2350; see Stegs Investments v. Superior Court (1991) 233 Cal.App.3d 572, 575 [ 284 Cal.Rptr. 495 ] (Stegs).) The amendment goes on to provide that the right may be exercised regardless of whether the party has previously used a peremptory challenge, as long as the challenge is made within 60 days after notification of the judge’s reassignment.

In this writ proceeding, we are called upon to construe the term “new trial” as it appears in section 170.6(a)(2). We will conclude that because the hearing to be conducted by the trial judge after our remand does not require a reexamination of either law or fact, it is not a new trial within the meaning of the statute. We shall therefore deny the writ.

PROCEDURAL BACKGROUND

This litigation is a coordinated proceeding involving 37 separate actions and more than 3,000 plaintiffs who made flood damage claims stemming from the failure of the…