Ghaffarpour

The issue before this court is whether a superior court local rule conflicts with Code of Civil Procedure section 170.6 (section 170.6). We conclude the local rule is void because it conflicts with the statute.

Section 170.6, subdivision (a)(2) states that when the Court of Appeal remands a case to the superior court and the trial judge in the prior proceeding is assigned to conduct a new trial on the matter, the party who filed the appeal may file a motion to disqualify the judge within 60 days of the date the party or the party’s attorney “has been notified of the assignment.” The local rule provides the time period for filing such a motion shall begin to run “from the date of issuance of the remittitur” by the Court of Appeal. We hold the time period to file a peremptory challenge pursuant to section 170.6, subdivision (a)(2) begins on the date of the notice of assignment and that the issuance of the remittitur does not provide notification.

FACTS

Plaintiffs’ complaint asserts assault and battery, intentional infliction of emotional distress and false imprisonment causes of action against defendants. The trial court sustained defendants’ demurrer to the complaint on…