Judge: Walter P. Schwarm, Case: 30-2019-01045599, Date: 2022-08-16 Tentative Ruling

On 2-22-22 under ROA No. 167, Defendant (Eastbluff Homeowners Community Association) filed a Declaration in Support of Motion re Disqualification of Judicial Officer Pursuant to C.C.P. 170.6 (Declaration).  Code of Civil Procedure section 170.6, subdivision (a)(2), states in part, “. . . If directed to the trial of a civil cause that has been assigned to a judge for all purposes, the motion shall be made to the assigned judge or to the presiding judge by a party within 15 days after notice of the all purpose assignment, or if the party has not yet appeared in the action, then within 15 days after the appearance. . . .”  Based on the Notice of Acknowledgement of Receipt filed on 8-12-22 under ROA No. 184, it appears that Defendant acknowledge notice of the all purpose assignment on 12-22-21 when Defendant acknowledged receipt of the Amended Summons and First Amended Complaint.  The Amended Summons (filed on 12-3-21 under ROA No. 151) identifies this action as assigned to “Judge Walter Schwarm.”  The First Amended Complaint (filed on 11-29-21 under ROA No. 144) identifies the action as “Assigned to Hon. Judge Walter Schwarm C-19.”  Since Defendant acknowledge receipt of the Amended Summons and First Amended Complaint on 12-22-21, it appears that the Declaration is untimely because Defendant filed it more than 15 days after 12-22-21.

The court requests the parties to appear to address the issue as to whether the Declaration is timely under Code of Civil Procedure section 170.6.