California Court of Appeal March 25, 2003, No. B162045 (Ziesmer v. Superior Court)

Opinion

GILBERT, P. J.

Here we conclude that the dismissal of a grand jury indictment pursuant to Penal Code section 995, subdivision (a)(1)(A) terminates the action. Therefore, if the action is refiled and assigned to the same judge to whom the case was originally assigned, a party may disqualify the judge pursuant to Code of Civil Procedure section 170.6.