San Diego Unified School Dist. v. Super. Ct.

Filed 5/28/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

SAN DIEGO UNIFIED SCHOOL

DISTRICT, D083441

Petitioner,

v. (Super. Ct. No. 37-2022-00044186-

CU-PO-CTL)

THE SUPERIOR COURT OF SAN

DIEGO COUNTY,

Respondent;

JOHN DOE D.Y.,

Real Party in Interest.

ORIGINAL PROCEEDING on a petition for writ of mandate. Katherine A. Bacal, Judge. Petition granted. Higgs Fletcher & Mack, John Morris, Steven J. Cologne, Susan M. Hack, Jacob T. Spaid, and Steven M. Brunolli for Petitioner. No appearance by Respondent. No appearance by Real Party in Interest. Code of Civil Procedure section 170.6 empowers a party to assert a peremptory challenge to a judge upon the filing of an affidavit by the party’s attorney. When a party first appears in a civil case after it has already been assigned to a judge for all purposes, the party must assert a challenge under section 170.6 within 15 days of the party’s first appearance. (§ 170.6(a)(2).) Section 170.6(a)(2) provides such a challenge is permissible even if a judge “has presided at, or acted in connection with, a pretrial…