The Mystery of the missing CCP 170.6 challenge, Judge Dale Wells

So folks we have a situation in Dept 2 J, where Judge Wells presides. A peremptory challenge went missing, and did a great Houdini, being held kept captive in the walls of the Riverside Superior Court.   A minute order references that the court, aka Judge Wells, was in receipt of a CCP 170.6 challenge and that he would rule on it.

He never did.  A CCP 170.6 challenge according to the statute cannot be struck. It can only be denied as untimely or granted.  Soooooooooo technically Judge Wells has been acting the entire time during a disqualification period as he never ruled on the CCP 170.6 challenge.

Section 170.6 bars judicial officers from acting in civil or criminal actions if a peremptory challenge is filed pursuant to the statute by any “party or attorney appearing in the action or proceeding.” (§ 170.6, subd. (a)(1).)

Minute Order

Case INDxxxxx-  xxxxxxxxxx

EX-PARTE HEARING RE: OSC MOD VISITATION/ PASSPORTS FILED BY XXXXXX REPRESENTED BY PRO/PER.

05/12/2011 8:15 AM DEPT. 2J

HONORABLE JUDGE DALE R. WELLS PRESIDING.

CLERK: R. AGUILASOCHO

COURT REPORTER: K.CAGNEY

XXXXXX PRESENT IN COURT PRO PER.

XXXXXXX PRESENT IN COURT PRO PER.

BOTH PARTIES SWORN EN MASSE AND EXAMINED

ORAL MOTION BY XXXXXXX FOR JUDGE TO RECUSE HIMSELF.

ORAL REQUEST FOR JUDGES RECUSAL IS DENIED

COURT INDICATES IT IS IN RECEIPT OF XXXXXX DECLARATION PURS 170.1 AND 170.6;

COURT CONFIRMS THERE WILL BE A TIMELY RESPONSE

AS TO THE EX PARTE SET FOR TODAY:

ISSUES ARGUED BY BOTH SIDES.

COURT MAKES THE FOLLOWING ORDERS:

ORDER TO SHOW CAUSE RE: EX PARTE RELIEF IS DENIED.

NO FUTURE HEARING TO BE SET

THE COURT PREPARED A FINDINGS AND ORDER AFTER HEARING FOR THE DATES OF 05/02/11; 05/03/11;

05/04/11 AND 05/05/11. THE FINDINGS AND ORDER AFTER HEARING IS ORDERED FILED. PARTIES ARE

SERVED BY THE DEPUTY IN OPEN COURT A CONFORMED COPY OF THE FINDINGS AND ORDER AFTER HEARING.

EX PARTE HEARING IS CONCLUDED.
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One comment on “The Mystery of the missing CCP 170.6 challenge, Judge Dale Wells

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