Dept. of Forestry and Fire Protection v. Superior
The respondent superior court struck a peremptory challenge by petitioner Department of Forestry and Fire Protection (Cal Fire) to assignment of Judge Leslie C. Nichols on remand following reversal on appeal by this court. Because it appears respondent court erred in striking the peremptory challenge based on its findings (1) the challenge was barred by law of the case, (2) there was no “new trial” to permit a peremptory challenge on remand, and (3) petitioner was judicially estopped from arguing that the issues on remand had been previously litigated, we shall issue a writ of mandate compelling the superior court to grant the peremptory challenge.
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