Stone v. Superior Court

California Court of Appeal Jun 10, 1994 No. F021567Published

Before: Martin

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Holding. A party has 20 days from the date of a specific judicial assignment to file an affidavit of prejudice under Rule 1515, meaning the time to challenge a coordination trial judge begins upon that specific appointment rather than the earlier appointment of a coordination motion judge.

Issues

Whether a peremptory challenge to a coordination trial judge is untimely if filed more than 20 days after the judge's initial appointment as a coordination motion judge.

Disposition. reversed

Quotations verified verbatim against the opinion

“a party challenging the assignment of a judge pursuant to Code of Civil Procedure section 170.6 has 20 days after the specific assignment to file an affidavit of prejudice.”

“the term “assigned judge” in rule 1515 must be read as the judge assigned for the particular purpose, i.e., either to determine whether coordination is appropriate or to hear and determine the coordinated actions.”

[1146]

Opinion

MARTIN, Acting P. J.

Petitioner contends the trial court erred in ruling petitioner’s declaration of prejudice filed pursuant to Code of Civil Procedure, section 170.6, was untimely. We agree.

Statement of the Case

Petitioner filed a wrongful death action in Tulare County arising out of an aircraft accident which occurred on January 20, 1993, in Tulare County. A number of other factually related cases were filed in both Tulare and Los Angeles Counties.

On February 3, 1994, the Chairperson of the Judicial Council appointed Judge Broadman to be the coordination motion judge. On February 14,1994, Judge Broadman granted the petition for coordination of all actions related to the January 20, 1993, air crash.

On March 17, 1994, the Chairperson of the Judicial Council served notice that Judge Broadman had been appointed the coordination trial judge in this matter. Petitioner filed an affidavit of prejudice with Judge Broadman on April 5. At the hearing on this peremptory challenge, the parties agreed that if March 17 was the operative date, petitioner’s affidavit would be timely under California Rules of Court, rule 1515.

However, Judge Broadman determined the time to challenge him as the coordination trial judge began to run when he was appointed the coordination motion judge on February 3. Thus, Judge Broadman denied the challenge on the ground it was untimely.

Discussion

Rule 1515 provides: “Any motion or affidavit of prejudice regarding an assigned judge shall be submitted in writing to the assigned judge within 20 days after service of the order assigning the judge to the coordination proceeding. All plaintiffs or similar parties in the included or coordinated actions shall constitute a side and all defendants or similar parties in such actions shall constitute a side for purposes of applying Code of Civil Procedure section 170.6.”

An “assigned judge” means any judge assigned pursuant to Code of Civil Procedure section 404 or 404.3, including a “coordination motion judge” and

Stone v. Superior Court

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