(Tampa attorney) Swift v. Superior Court of Santa Clara County
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(Cal. App., Civil Procedure, Landlord Tenant Law) In a landlord tenant action, petition for a writ of mandamus directing Santa Clara County Superior Court to vacate an order striking a peremptory challenge seeking to disqualify the judge in the case is granted where the trial court judge erred in striking the challenge, as his only factual determinations in earlier hearings were made in connection with discovery motions and did not relate to the merits of the case. The limited exceptions to automatic disqualification under Code of Civ. Pro. section 170.6 thus do not apply, and the trial court is directed to enter a new order accepting the peremptory challenge.
Tanoh v. Dow Chem. Co.
(U.S. 9th Cir., Civil Procedure, Class Actions, Injury And Tort Law) In an appeal from an order remanding several hundred personal injury actions to state court, the order is affirmed, where neither the parties nor the District Court proposed jointly trying the claims of all the plaintiffs, and the Class Action Fairness Act does not allow the treatment of claims joined on a defendant’s motion as “mass actions.”
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March 31, 2009 8:42 pm
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