Pfeiffer Venice Properties v. Superior Court

Petitioner, the unsuccessful respondent in an earlier appeal in this action, seeks an order directing the assigned trial judge to honor its postappeal peremptory challenge, filed pursuant to Code of Civil Procedure section 170.6, subdivision (2). Contrary to the trial court’s reading of that provision, we find that postappeal peremptory challenges are not the exclusive right of parties who were appellants on appeal, but are also available to parties who were respondents, provided they have not yet exercised a peremptory challenge in the litigation. Accordingly, we grant the petition.

Facts and Procedural History

Petitioner was the plaintiff in a case claiming that real parties in interest, operating through a tenants association, attempted to interfere with petitioner’s efforts to enhance the value of its rental property. Specifically, real parties allegedly encouraged petitioner’s tenants not to relinquish their parking spaces during petitioner’s renovation of the garage area of its building. Neither party filed a peremptory challenge to the judge assigned to hear their case. Early in the litigation, real parties brought a SLAPP (strategic lawsuit against public…