Analyzing a Riverside case, the Fourth District Court of Appeal, Division Two, ruled June 7 that a writ petition does not reset the clock when it comes to requesting a different judge.
Code of Civil Procedure Section 170.6 allows litigants to challenge their presiding judge as biased. Litigants must file the challenge 10 days after assignment.
In this case, a litigant filed a petition for writ of habeas corpus that was assigned to his same presiding judge that had been handling his case, and who denied the challenge as untimely.
The Court of Appeal agreed that the challenge was untimely, and that the writ was