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Jun. 4, 2026

A long overdue limitation on CCP 170.6 challenges

The California Supreme Court's decision in J.O. v. Superior Court preserves the important right to file a peremptory challenge under Code of Civil Procedure section 170.6 while curbing abusive blanket disqualifications that undermine court administration and judicial independence.

Bruce M. Brusavich

Partner
Abir, Cohen, Treyzon & Salo LLP

Phone: (310) 407-7888

Email: bbrusavich@actslaw.com

Southwestern Univ SOL; Los Angeles CA

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A long overdue limitation on CCP 170.6 challenges
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Late last year Judge Lawrence P. Riff and I had an exchange here of differing views on the continued viability of California Code of Civil Procedure Section 170.6, allowing for one peremptory challenge in a case to remove an assigned judge from an action by timely filing an affidavit or orally stating under oath that the judge is "prejudiced" against a party, attorney or their respective interests. ("It's ti...