Peremptory Challenge of Judge Timely. Ruiz v. Appellate Div. Superior Court, no. B171054 (Cal.Ct.App. (2d Dist., Div. 1) June 10, 2004).)

Nustshell: When pre-trial hearing misdemeanor division transferred case to another division for trial, the defendant peremptorily challenged the trial court. (Cal.CodeCiv.Pro. 170.6.) "The issue before us is whether the challenge was timely, and, more specifically, whether the pretrial court is a 'master calendar' under section 170.6, requiring defendant to have filed the challenge in the pretrial court. Based on the record before us and the current state of court rules and other applicable authority, we conclude that the pretrial court was not a master calendar and that defendant’s challenge was therefore timely."