FIRST FEDERAL BANK OF CALIFORNIA V. SUPERIOR COURT FOR THE STATE OF CALIFORNIA,
Where trial court made a determination on the merits that party was not entitled to recover attorney fees, and appeals court reversed and remanded for a hearing on the amount to be awarded. The hearing was a new trial under Code of Civil Procedure Sec. 170.6(a)(2), which allows a successful party on appeal to file a peremptory challenge after reversal when the same trial judge is assigned to conduct a new trial on remand. Writ Granted.
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