Challenging the Judge 170.6
after winning partial reversal

If a decision is reversed by the Court of Appeal, it may still be sent back to the very judge that made the bad decision to make some other decision.

One can use 170.6 to get a different judge.  Interestingly, judges have been fighting this rule for over 70 year in California.  The legislature has consistently told the judges that a party has a right to a new judge.

Manatt, Phelps, and Philips wrote a brief about peremptory challenge and the history.

See also,

Remand Roulette: Courts Clarify Rules for Judicial Disqualification Following Successful Appeal

Stubblefield Construction Co. v. Superior Court (City of San Bernardino), 81 Cal.App.4th 762 (2000). Stubblefield

For some discussion of what constitutes ministerial action,

CC v. Superior Court, 166 Cal. App. 4th 1019 - Cal: Court of Appeals, 4th Appellate 


Example Petition:


Nothing contained herein is tendered as nor should it be considered as legal advice.  What is legal is not necessarily justice.  Almost all of reality is non-"published", ergo, what is legally affirmed is always a retarded misrepresentation of reality.   Use at your own risk!