Johnny W. v. Superior Court

Defendant’s 170.6 challenge was timely, even though it was filed after the challenged judge had heard and granted a temporary order removing minor from defendant’s custody.  Defendant’s 170.6 challenge was timely even though filed after the challenged judge had heard and granted the plaintiff’s motion that a minor be temporarily removed from defendant’s custody.  In granting that motion, the judge had not resolved conflicting factual contentions relating to the merits.  The removal from custody was only temporary, and no witnesses testified and no evidence was presented on the motion.

California Court of Appeal, First Appellate District, Division 1 (per curiam); March 9, 2017; 2017 WL 933029

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