Orion Communications, Inc. v. Superior Court

Orion Communications, Inc., TEGSCO, LLC, doing business as San Francisco AutoReturn, and the City of San Diego (together Orion) filed a petition for writ of mandamus challenging an order granting a Code of Civil Procedure 1 section 170.6 peremptory challenge filed by Saméis Holdings, LLC (Saméis), after Orion filed a motion to add Saméis as a judgment debtor along with the original judgment debtor, Dispatch & Tracking Solutions, LLC (DTS). Orion contends the trial court erred by granting the section 170.6 peremptory challenge because Saméis is not a party to the action within the meaning of section 170.6. Orion alternatively contends that because DTS previously filed a section 170.6 peremptory challenge and there is insufficient evidence to support a finding that the interests of DTS and Saméis are substantially adverse, the one challenge per side rule applies to bar a subsequent section 170.6 peremptory challenge by Saméis. Because we agree with Orion’s second contention, we grant the petition.

FACTUAL AND PROCEDURAL BACKGROUND

In 2009, Authorized City Towing and other plaintiffs (together ACT) filed a first amended complaint against the City of San Diego (City),…