Civil Procedure
Jun. 30, 2026
After J.O., when should attorneys expect a CCP 170.6 challenge?
The California Supreme Court in J.O. v. Superior Court overruled Solberg in part and held that systemic "blanket" use of Code of Civil Procedure section 170.6 can raise separation of powers concerns, while leaving open how courts will define "blanket" abuse when disqualification motions come from unrelated attorneys rather than coordinated institutional actors.
California Code of Civil Procedure section 170.6 permits the automatic disqualification of an "assign[ed]" bench officer from any "civil or criminal action" by means of "oral or written motion ... supported by affidavit or declaration under penalty of perjury" that said bench officer "is prejudiced against a party or attorney, or the interest of the party or attorney," undermining the officer's "impartiality." The technicalities of section 170.6's application aside, the Calif...
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