California, United States of America
The following excerpt is from Rolla v. Speidel, D057839, Super. Ct. No. 37-2009-00093815-CU-PO-CTL (Cal. App. 2011):
4. Under section 170.6, subdivision (a)(2), a party to an action or proceeding in an all-purpose assignment must file a peremptory challenge to disqualify a judge for prejudice within 15 days after receiving notice of the assignment, and may do so by simply filing a sworn statement without having to establish the prejudice as a fact to the satisfaction of a judicial body. (Barrett v. Superior Court (1999) 77 Cal.App.4th 1, 4.) If a peremptory challenge motion in proper form is timely filed, the court must accept it without further inquiry. (Ibid.)
5. Separately, respondents request attorney fees on appeal.
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