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Akopyan v. Superior Court (2020)

Under CCP 170.6, a party may peremptorily challenge a judge who presided at a prior trial of the action if the judgment is reversed and the case is remanded for a new trial.  However, as Peracchi v. Superior Court (2003) 30 Cal.4th 1245 held, a new trial is “a reexamination of an issue of fact in the same court after… Read More

Kabran v. Sharp Memorial Hospital

So long as the notice of intention to move for a new trial is timely filed, the trial court may, in its discretion, consider late-filed affidavits supporting the motion. Read More