Bravo

Petitioner Arthur W. Bravo challenges the trial court’s striking of his peremptory challenge under Code of Civil Procedure section 170.6 on the grounds his complaint was related to a prior action before the same trial judge and therefore the challenge was untimely. We find the second action was not a continuation of the first action and therefore that Bravo’s challenge, filed two days after assignment of his case to the trial judge, was timely. We grant the petition.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

On May 9, 2005, Bravo filed a complaint against the County of Los Angeles and other individuals, case No. BC331794 (previous action). Bravo’s operative pleading in the previous action, a third amended complaint filed December 29, 2005, alleged that he is Hispanic, single, gay, and over age 40. He suffers from mental stress and depression. The county hired Bravo in 1992; at the time of the complaint, he was employed as an eligibility worker at a salary of $3,000 per month. Bravo alleged specific incidents occurring in 1999, 2002, and 2003 that were directly related to his sexual orientation; as a result of one of the incidents, he filed a complaint with the Equal…