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.