McNair v. Superior Court

A party may file a second § 170.6 challenge against the trial judge if the same judge is assigned to hear a retrial of the case after a reversal on appeal, but only if the appeal was from a final judgment rather than an interlocutory order.  Under CCP 170.6(a)(2), a party may file a second 170.6 challenge against the trial judge if the same judge is assigned to hear a retrial of the case after a reversal on appeal.  That provision applies, however, only to appeals from final judgments, not to appeals from interlocutory orders such as an order denying an Anti-SLAPP motion to strike in this case.

California Court of Appeal, Second District, Division 3 (Aldrich, J.); December 23, 2016; 2016 WL 7428409

 

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