People v. Superior Court

*944 The People seek a writ of mandate commanding the trial court to honor the affidavit of prejudice (peremptory challenge) they filed against the trial court judge, Joel S. Agron, under Code of Civil Procedure section 170.6 ( Section 170.6 ). The underlying case is a murder prosecution which the People dismissed and refiled the same day along with the peremptory challenge.

*162 Respondent, the Superior Court of San Bernardino County, refused to honor the peremptory challenge, deeming it untimely. Relying on Birts v. Superior Court (2018) 22 Cal.App.5th 53 , 231 Cal.Rptr.3d 187 ( Birts ), the court concluded the People were engaged in prosecutorial "gamesmanship" and attempting to "forum shop[ ]," and held the second complaint was a continuation of the prior case, not a new case, making the peremptory challenge untimely.

The People argue the case falls under Paredes v. Superior Court (1999) 77 Cal.App.4th 24 , 91 Cal.Rptr.2d 350 ( Paredes ), which recognizes *945 that when a criminal case is dismissed and refiled it is a new case for purposes of Section 170.6. They argue Birts does not apply because they weren't attempting to avoid a ruling of the trial court. We agree and…