Ledesma

DISCUSSION

Pursuant to Code of Civil Procedure section 170.6, subdivision (a)(2), if a court

issues a notice of an all purpose assignment and there are parties who have not yet

appeared, such parties have 15 days in which to file a peremptory challenge after the date

of the party or parties’ first appearance.

Here, petitioner filed his response to the petition on May 4, 2015, and “appeared”

at that time. His peremptory challenge under section 170.6 was filed on May 7, 2015,

and was clearly timely.

DISPOSITION

Let a peremptory writ of mandate issue, directing the Superior Court of Riverside

County to vacate its order rejecting or denying the peremptory challenge, and to enter a

new order accepting the challenge and have the matter assigned to a new judge.

Petitioner is directed to prepare and have the peremptory writ of mandate issued,

copies served, and the original filed with the clerk of this court, together with proof of

service on all parties.

2 In light of the lack of opposition to the petition, this opinion shall be final

forthwith.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

CODRINGTON

J. We concur:

HOLLENHORST

Acting P. J.

KING

J.

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