Stone v. Superior Court

Petitioner contends the trial court erred in ruling petitioner’s declaration of prejudice filed pursuant to Code of Civil Procedure, section 170.6, was untimely. We agree.

Statement of the Case

Petitioner filed a wrongful death action in Tulare County arising out of an aircraft accident which occurred on January 20, 1993, in Tulare County. A number of other factually related cases were filed in both Tulare and Los Angeles Counties.

On February 3, 1994, the Chairperson of the Judicial Council appointed Judge Broadman to be the coordination motion judge. On February 14,1994, Judge Broadman granted the petition for coordination of all actions related to the January 20, 1993, air crash.

On March 17, 1994, the Chairperson of the Judicial Council served notice that Judge Broadman had been appointed the coordination trial judge in this matter. Petitioner filed an affidavit of prejudice with Judge Broadman on April 5. At the hearing on this peremptory challenge, the parties agreed that if March 17 was the operative date, petitioner’s affidavit would be timely under California Rules of Court, rule 1515. However, Judge Broadman determined the time to challenge him as the…