§ 170.6 Applies to Pre-OSC Habeas

Maas v. Superior Court, No. S225109 (Cal. Nov. 7, 2016)

Habeas corpus in California state court is procedurally complicated. But generally speaking, when a writ is first petitioned for in a superior court, the court decides whether the petition states a prima face case for relief or if it is barred by some procedural issue. Sometimes this decision is assisted by informal briefing from the government. If the petition is not summarily dismissed, the court issues an order to show cause, which then requires the government to make a formalized response called a “return.” 

Wife Fails to Bounce Divorce Judge with § 170.6 Gambit

Rothstein v. Superior Court, No. B275603 (D2d5 Sept. 16, 2016).

During Husband and Wife’s divorce case, Wife filed a peremptory challenge against the family law judge under Code of Civil Procedure § 170.6. After the case was reassigned, Family Law Judge #2 entered a dissolution judgment, but retained jurisdiction to deal with property division, support, etc. While that was pending, wife’s company sued Husband to collect on a debt. Husband got the matter transferred to FLJ2 as a related matter. WifeCo. then filed its own § 170.6 to strike FLJ2. FLJ2 accepted the strike and transferred the whole case to Judge #3. After husband moved for reconsideration, which was denied, Husband took a writ.