Only One CCP § 170.6 Peremptory Challenge Per Side Per Action.

A creditor added a second judgment debtor. The recently added judgment debtor filed a challenge to the judge pursuant to Code of Civil Procedure section 170.6. The previous judgment debtor had already filed a section 170.6 challenge, and the creditor sought extraordinary relief contending the court erred when it granted the second challenge. “[S]ection 170.6 permits a party to an action or proceeding to disqualify a judge for prejudice based on a sworn statement, without having to establish prejudice as a fact to the satisfaction of a judicial body. [Citation.] If a peremptory challenge motion in proper form is timely filed under section 170.6, the court must accept it without further inquiry.” The statute permits one challenge for each side, and “contemplates that one side may consist of several parties, and a peremptory challenge by any party disqualifies the judge on behalf of all parties on that side.” Noting that the newly added judgment debtor did not show sufficient evidence showing it was not on the same side as the original judgment debtor who had already filed a challenge, the appellate court granted the petition and ordered the trial court to deny the challenge. (Orion Communications, Inc. v. Sup. Ct. (Sameis Holdings, LLC) (Cal. App. Fourth Dist., Div. 1; May 14, 2014)226 Cal.App.4th 152, [171 Cal.Rptr.3d 596].)