Guardado

— Code of Civil Procedure section 170.6 (hereafter section 170.6) empowers a party to assert a peremptory challenge to a judge upon the filing of an affidavit by the party’s attorney. Subdivision (a)(2) of section 170.6 provides in pertinent part: “The fact that a judge, court commissioner, or referee has presided at or acted in connection with a pretrial conference or other hearing, proceeding, or motion prior to trial and not involving a determination of contested fact issues relating to the merits shall not preclude the later making of the motion provided for herein at the time and in the manner hereinbefore provided.” (Italics added.)

The question presented in this case is whether a ruling under Civil Code section 3295, subdivision (c) (hereafter section 3295(c)) that a plaintiff has demonstrated a substantial probability that he or she will prevail on a claim for punitive damages is a “determination of contested fact issues relating to the merits” under section 170.6, subdivision (a)(2). We conclude that it is not such a determination.

FACTUAL AND PROCEDURAL BACKGROUND

Jane Guardado, a minor, hereafter referred to as petitioner, lived with her mother and…