Judge: Thomas D. Long, Case: TC029184, Date: 2023-05-01 Tentative Ruling

Case Number: TC029184    Hearing Date: May 1, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On August 8, 2022, following a bench trial, the Court entered judgment in favor of Plaintiff Michael L. Magasinn and against Defendant Behnam Rafalian.

On April 20, 2023, the Court continued the Hearing on Application for Order for Appearance and Examination as to Third Party Jacob Segura.  The Court also set an Order to Show Cause Re: Sanctions against Mr. Segura for his failure to attend the ORAP hearing.

On April 25, 2023, Mr. Segura filed a Peremptory Challenge to Judicial Officer under Code of Civil Procedure section 170.6.

Mr. Segura’s Section 170.6 challenge is untimely because there is no new proceeding and this Judicial Officer has already resolved a dispute relating to the merits by issuing a judgment after a bench trial.  (See Nat’l Financial Lending, LLC v. Superior Court (2013) 222 Cal.App.4th 262, 275-276 [concluding that a judgment creditor’s motion to enforce a notice of levy of execution and a third-party debtor’s motion to quash the notices of levy were incidental to the underlying action and not special proceedings that gave rise to any new right to file a peremptory challenge]; see also id. at 278 [concluding that even if the motions were to be treated as special proceedings, they are continuation of the underlying proceedings where factual determinations were made and any right to a 170.6 challenge was lost].)

Accordingly, the untimely Peremptory Challenge to Judicial Officer is DENIED, and this action will not be transferred for reassignment.

Clerk to give notice.

         Dated this 1st day of May 2023