(Visit here for my first look at 170.6.) Everyone knows that a lawyer must understand the legal thresholds applicable to their cases. However, it is just as important that a lawyer understands their judge—their background, their preferences, their tendencies. This is the information through which a lawyer can map an effective litigation strategy, a strategy that includes careful consideration of whether or not to “ding” a particular judge, meaning request assignment to a different judge through a CCP 170.6 peremptory challenge.
Over the past twenty years, labor law in California has become increasingly worker-friendly. In response, many businesses have adjusted by reclassifying workers as independent contractors, as opposed to employees. However, the California Supreme Court’s 2018 decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles reexamined and ultimately rejected the existing judicial standard for distinguishing contractors from employees. The Court introduced a new “ABC” test.