Tri Counties Bank v. Superior Court

In the proceedings below, petitioner Tri Counties Bank sought to disqualify the trial judge, the Honorable Adolfo Corona, on the ground that he conducted an independent investigation of a factual issue material to a class certification motion in the case, thereby creating the appearance of partiality. The trial court struck petitioner’s statement of objection as untimely under Code of Civil Procedure section 170.3, subdivision (c), because petitioner delayed over seven months before asserting the alleged ground for disqualification. By the instant petition for writ of mandate, petitioner seeks a reversal of the trial court’s determination. We deny the petition for writ of mandate because, as explained in the published portion of this opinion, the trial court properly struck the untimely disqualification claim. Alternatively, petitioner requests that we exercise our discretion under section 170.1, subdivision (c), to reassign the case to a different judge in the interests of justice. That request is also denied.

FACTS AND PROCEDURAL HISTORY

The relevant facts and procedural history are not in dispute. On February 1, 2006, petitioner commenced this action by filing a…