In plaintiff's suit against the defendants alleging he was defrauded into investing in their company, defendants' petition for writ of mandate is denied as trial court properly found plaintiff's peremptory challenge to the judge to be timely where: 1) the second lawsuit involves a different defendant and different causes of action asserted against that defendant; and 2) the second lawsuit does not arise from conduct in, or involve enforcement or modification of an order in, the first lawsuit.
Filed November 17, 2009
Opinion by Judge Mohr
For Appellant: Stearns Kim & Stearns, Lawrence B. Bemis, Ryan E. Stearns and Lauren B. Browne
For Appellee: Gallo & Associates, Ray E. Gallo and Sharon S. Laveson