North Am. Title Co. v. Superior Court, 17 Cal. 5^th 155 (2024)

Pursuant to Cal. Code Civ. Proc. § 170.3, a party that seeks to disqualify a trial court judge by filing a verified statement of disqualification must do so “at the earliest practicable opportunity after discovery of the facts constituting the ground for disqualification.” The statute also provides that there shall be no waiver of disqualification if the basis therefor is that “the judge has a personal bias or prejudice concerning a party.” In this case, the trial court judge entered a judgment against an employer in the amount of $43.5 million six years after that same judge found the employer liable in a bench trial of a wage and hour class action. The trial court judge struck the employer’s subsequently filed statement of disqualification as untimely. In a writ proceeding, the court of appeal held that the timeliness limitation does not apply to a statement of disqualification for bias, prejudice or appearance of impartiality. The Supreme Court reversed the court of appeal and held that the nonwaiver provision in the statute is limited to the process of judicial self-disqualification and is inapplicable when a party such as the employer in this case seeks disqualification of the judge.