Robles

In Paredes v. Superior Court (1999) 77 Cal.App.4th 24, 26 [ 91 Cal.Rptr.2d 350 ], “one of two defendants timely moved to disqualify the trial judge and the cause was reassigned. (Code Civ. Proc., § 170.6.) When the last day on which the case could be tried arrived and the prosecutor was unable to proceed, the case was dismissed (Pen. Code, §§ 1382, 1387), then refiled (Pen. Code, § 1387) and assigned to the same judge to whom it had been previously assigned. [ ] The other defendant then moved to disqualify the judge, who denied the motion on the ground that the refiled action [was] a ‘continuation’ of the dismissed action.” We disagreed and held that “a finding that the refiled case was but a continuation of the terminated case would be tantamount to a somewhat oxymoronic ‘compelled express consent’ under ... section 1387.2,” which permits the parties to consent to rearraignment in the existing action. (Paredes v. Superior Court, supra, 77 Cal.App.4th at p. 36 .) We said that, “[although it appeared] obvious that a genuine stipulation according to the terms authorized by ... section 1387.2 would mean there was only one case (since nothing would be dismissed, nothing…