Truck Insurance Exchange v. Superior Court

Petitioners seek a writ of mandamus and/or prohibition to compel respondent superior court to vacate its order of May 20, 1998, granting the challenge of real party in interest, Park Northridge Homeowners Association (hereinafter Park Northridge), to Judge Ronald E. Cappai. The primary issue in this proceeding is whether a party has exhausted its right pursuant to Code of Civil Procedure section 170.6, subdivision (3), to one peremptory challenge per action or proceeding, when its peremptory challenge has been dismissed as untimely.

Factual and Procedural Background

On April 11, 1997, Judge George Xanthos of the Los Angeles Superior Court, to whom the case was assigned, denied as untimely Park Northridge’s *145 request pursuant to section 170.6 for peremptory disqualification and continued all further proceedings until June 9, 1997. On April 21, Park Northridge filed with this court a petition for writ of mandamus regarding the denial of the peremptory challenge; we denied the petition. On June 5, Park Northridge filed a petition for review in the California Supreme Court.

In June 1997, Judge Xanthos continued to rule on motions in the case and continued the trial…