The court DENIES the Code of Civil Procedure section 170.6 challenge filed by Esmail Ghane on 12-17-18. Mr. Ghane’s Code of Civil Procedure section 170.6 challenge is timely because he filed it within 15 days of his appearance in this case. (Code Civ. Proc., § 170.6, subd. (a)(2).)

Code of Civil Procedure section 170 states, “A judge has a duty to decide any proceeding in which he or she is not disqualified.” Code of Civil Procedure section 170.6, subdivision (a)(2), provides, in relevant part, “The fact that a judge, court commissioner, or referee has presided at, or acted in connection with, a pretrial conference or other hearing, proceeding, or motion prior to trial, and not involving a determination of contested fact issues relating to the merits, shall not preclude the later making of the motion provided for in this paragraph at the time and in the manner herein provided.”

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