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p0350 If a trial judge who was reversed on appeal is assigned to conduct a new trial in the matter, the party whose appeal resulted in the reversal may make a post-appeal challenge to the trial judge even if it made a pre-appeal challenge, but the party who opposed the appeal can make a post-appeal challenge only if it did not make a pre-appeal challenge; remand for consideration of an attorney fee award constitutes a new trial for this purpose.CitationPFEIFFER VENICE v SUPERIOR COURT (Post-appeal Challenge) 107 CA4 761 [See: CCP 170.6; Pfeiffer Venice v Bernard, 101 CA4 211, T/AT 9/02; Stegs v Superior Court 233 CA3 572]
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