Jul. 21, 2023 – Estrada v. Superior Court (2nd Dist., Div. 4, B325769)

The Court of Appeal holds that a party who obtains a reversal of an order denying a PC 1172.6 petition is not entitled to a postappeal peremptory challenge (CCP 170.6) of the judge who denied the petition. The court reasons that a PC 1172.6(d)(3) hearing following such a reversal does not qualify as a “new trial” within the meaning of PC 170.6(a)(2). The court denies defendant’s petition for writ of mandate.