Is a motion for a peremptory challenge to a judge barred where the judge previously heard the motion?

A peremptory challenge to a judge is barred if the judge presided at an earlier hearing that involved "a determination of contested fact issues relating to the merits...." ( 170.6, subd. (a)(2).) However," '[m]ost pretrial motions are decided without a determination of contested facts related to the merits of the case.' [Citation.]" (Swift, supra, 172 Cal.App.4th at p. 883.) A motion for a continuance does not involve a determination of contested fact issues related to the merits of the case; therefore, a peremptory challenge under section 170.6 is not barred where the judge previously heard a motion for a continuance. (Los Angeles County Dept. of Pub. Social Services v. Superior Court (1977) 69 Cal.App.3d 407, 417.)

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