The § 170.6 Clock Can Start Before a Formal Transfer

Sunrise Financial, LLC v. Superior Court, No. D073772 (D4d1 Feb. 7, 2019).

Code of Civil Procedure § 170.6(a)(2) requires a peremptory challenge to a judge assigned to a case for all purposes to be filed within fifteen days of a party’s appearance in the action. The question here is: does filing a brief in opposition to a § 403 motion to transfer and consolidate non-complex cases pending in different count as an appearance to start the running of the fifteen day clock. The Court here finds it does.