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CCP 170.1 or 170.3

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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N. Am. Title Co., Inc. v. Superior Court, 91 Cal. App. 5th 948 (2023)

Contrary to holdings in prior cases, this decision holds that a party does not impliedly waive grounds for challenging a trial judge for cause under CCP 170.1 or 170.3 by waiting past the earliest opportunity to challenge the judge.  CCP 170.3(b)(2) provides that there cannot be a waiver of the right to disqualify a judge for personal bias or prejudice… Read More