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  1. #11
    Join Date
    Jun 2017
    Location
    California
    Posts
    427

    Default Re: Ticket for Re-Entering a Freeway from an Exit Lane, VC 21461(A)

    A 170.6 is considered a peremptory challenge of the judge. All you have to do is prepare the declaration. If timely, no proof is required. Generally, however, when there is a timely request for a trial de novo, the case is assigned to another judicial officer. Just as in a small claims request for a re-hearing, it's not heard by the same judge.

  2. #12
    Join Date
    Mar 2018
    Posts
    326

    Default Re: Ticket for Re-Entering a Freeway from an Exit Lane, VC 21461(A)

    Quote Quoting LegalWriter
    View Post
    Generally, however, when there is a timely request for a trial de novo, the case is assigned to another judicial officer.
    I would hope so. In my case, though, it was assigned to the same one. I raised a peremptory challenge and it was granted immediately, no questions asked. Sacramento Superior Court.

  3. #13
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    511

    Default Re: Ticket for Re-Entering a Freeway from an Exit Lane, VC 21461(A)

    Penal Code sec. 19.7 states:

    Except as otherwise provided by law, all provisions of law relating to misdemeanors shall apply to infractions including, but not limited to, powers of peace officers, jurisdiction of courts, periods for commencing action and for bringing a case to trial and burden of proof.

    By way of PC 19.7, CCP 170.6 motions apply equally to infractions as well as misdemeanors. The court in Ziesmer v. Superior Court, 132 Cal.Rptr.2d 130 (2003) specifically addressed the issue of 170.6 motions stating at p. 132:

    Section 170.6 guarantees a litigant "`an extraordinary right to disqualify a judge.'" [Citation omitted] When a challenge is timely and properly made, the challenged judge immediately loses jurisdiction and must recuse himself. If he does not, his subsequent orders and judgments are void.
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