Party Did Not File Own Peremptory Challenge.

One defendant filed a peremptory challenge but was dismissed from the action before the trial judge reviewed and accepted it.  Another party to the case argued “the peremptory challenge became immutable and irrevocable at the moment it was made, instantly requiring the removal of the assigned judge.”  The Court of Appeal found the trial judge properly declined to accept the challenge, ruling a peremptory challenge takes effect when the court determines the CCP section 170.6 motion has been “duly” made in both form and substance.  Frisk v. Superior Court (Northwest Surgical Development Company, Inc.)  (Cal. App. Fourth Dist., Div. 3;  October 28, 2011) (As Mod. November 23,2011) 200 Cal.App.4th 402.