California, United States of America
The following excerpt is from 510pacificave v. Superior Court of L. A. Cnty., No. B289549 (Cal. App. 2018):
"Section 170.6 permits a party to disqualify a judge for prejudice based upon a sworn affidavit without having to establish the fact of prejudice. [Citation.] If the motion is timely and filed in proper form, the trial court must accept it without further inquiry, and the disqualification is effective immediately. [Citation.] 'As a remedial statute, section 170.6 is to be liberally construed in favor of allowing a peremptory challenge, and a challenge should be denied only if the
Page 8
statute absolutely forbids it.' [Citation.]" (Bravo v. Superior Court (2007) 149 Cal.App.4th 1489, 1493.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.