motion to recuse judge california

• 8 September 2023

16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? Often you will know the name of the judge assigned to your case in advance. 0000029867 00000 n Law, Intellectual Piease piace this sheet on top of the document to be scanned.oo ew IN DH F&F YW YH The petition for the writ shall be filed and served, of entry of the court's order determining the question of disqualification. S/N 281 Ct. (2013) 221 Cal.App.4th 409, 449. 240 135 To comply with rule 3.1362, the moving party must submit the following forms: Cal. BT Have a copy of the affidavit served on the other party no later than 5 days after GA Supreme Court Opinions and Cases | FindLaw : 19cv751-GPC(KSC) ORDER DENYING PLAINTIFFS MOTION FOR RECUSAL [Doc. v. Wilshire Bank, et al. oe How to File a Motion to Recuse a Judge in Colorado, Solberg v. Superior Court (1977) 19 Cal.3d 182, Andrew M. v. Superior Court (Cal. Alien Matkins L, OA f The individual bringing the complaint must obtain a pre-established form used for complaints regarding judicial misconduct from the clerk of the court; The complaint is then filed with the clerk of the court and provided to the Chief Judge in that district; The Chief Judge reviews the complaint to determine if it requires further investigation or should be dismissed; If the Chief Judge determines that an investigation is necessary, they will appoint a special committee to investigate it; The special committee will then investigate the claim and take the findings of their investigation and submit a report to the pre-established Judicial Council in the district; and. If the judge improperly dismisses the motion, the issue may be appealed after the conclusion of the trial. 001003399008 0.749023 g 1 1 9.5703 10.3967 re (c) If any provision of this section or the application to any person or circumstance 2.8864 3.1348 Td Juke Box: 001 Image: 01365225 os ORDER DENYING MOTION TO RECUSE Enter the case number using correct format and ensure case name and number match the document you are filing. om INAH Bw DW 1 1 10.3967 10.3967 re 0000078159 00000 n (b) Nothing in this section shall affect or limit Section 170 or Title 4 (commencing with Section 392) of Part 2, and this section shall be construed as cumulative thereto. 0 0 Td Both state and federal laws provide that judges are required to recuse themselves if grounds exist to do so. 1. RESPONSE AND OPPOSITION TO MOTION TO RECUSE JUDGE YOUNG K INSELLA W EITZMAN I SER K UMP LLP 808 W ILSHIRE B OULEVARD, 3 RD F LOOR S ANTA M ONICA, C ALIFORNIA 90401 T EL 310.566.9800 F AX 310.566.9850 OPPOSITION TO MOTION TO RECUSE Defendants MJJ Productions, Inc., and MJJ Ventures, Inc., hereby Instructions: to agree within five days of notification of the judge's answer, by a judge selected A party has the right to be represented by counsel of his or her choice. judge Q your case, Appealing an Administrative Decision Lawyers, Personal Responsibility and Work Reconciliation Act of 1996 Lawyers. 1 1 10.3967 9.5703 re | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-170-3/. No. endstream endobj 263 0 obj <>/AP<>/N<>>>/AS/Off/F 4/FT/Btn/MK<>/P 243 0 R/Rect[416.063 438.576 428.46 450.146]/Subtype/Widget/T(FLD120)/Type/Annot>> endobj 264 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream been challenged by the filing of a written statement may request any other judge agreed i ET 0 0 11.5703 12.3967 re 1 1 10.3967 10.3967 re A judicial decision which is unfavorable to an individual does not, by itself, establish misconduct or a disability. endstream endobj 295 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream First legal (1416F-4331) 13:30 11/28/11GMT-08 "92410 !x~W s>M)|Nt>?@ZOi^Q"9?5 TQTWA U+ Y&j# CVmk}P,O3>R)_L)dHb! :R\Jia;RZJi^"iSS14_JVSZ,TSZTZA}cAt/a 0000037936 00000 n W 0.749023 g shown hear evidence on any disputed issue of fact. Section 170.1) TO THE HONORABLE JUDGE OF THE SUPERIOR COURT AND ALL PARTIES The motion shall be made within 60 days after the party or the party's attorney has been notified of the assignment. In discussing the unique relationship between attorney and client, this court stated that The interest of the client in the successful prosecution or defense of the action is superior to that of the attorney, and he has the right to employ such attorney as will in his opinion best subserve his interest. KATHLEEN STACK VS. KENDRA STACK (6) Any affidavit filed pursuant to this section shall be in substantially the following REPLY BRIEF IN SUPPORT OF PLTF JAMES RYAN'S MOTION TO RECUSE DEFTS COUNSEL, JAMES RYAN VS. OOC INC., A CALIFORNIA CORPORATION (D.B.A. It is also not necessary for you to provide any factual basis for your claim.1, You just have to state that you believe the judge is prejudiced against you and you do not believe you can have a fair and impartial trial.2, Once a peremptory challenge is made, the judgecannotoppose it. or referee of the court in which the trial or matter is pending, the Chair of the 8 in subdivision (a) of Section 1013. ET 0 0 Td 2.8864 3.1348 Td NY DA wn FF Ww Nr FF ODO HN DUH FF BN KS SC McInnis v. State, 618 S.W.2d 389 (Tex.Civ.App.-Beaumont 1981, writ ref'd n.r.e. against the party (or his or her attorney) or the interest of the party (or his or 4 For example,California Probate Code 7060allows for the disqualification of probate judges in some circumstances. 0.749023 g to be disqualified to argue the question of disqualification and shall for good cause Property Law, Personal Injury Criminal Defense Code of Civil Procedure 170.1 - Grounds to Disqualify Judge. out 0000038993 00000 n %PDF-1.6 % or transferred to another judge, court commissioner, or referee of the court in which Document Scanning Lead Sheet Current as of January 01, 2019 | Updated by FindLaw Staff. %%EOF Even if all of the requirements are met, the court has discretion to deny an attorneys request to withdraw where such withdrawal would work an injustice or cause undue delay in the proceeding. Mandell v. Super. 8.3963 TL endstream endobj 280 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream 0000019284 00000 n 8 C.F.R. Note that in lieu of a motion to recuse, a party may also submit an affidavit of prejudice, also known as an affidavit of declaration. q Rather, if a reasonable person would entertain doubts concerning the judges impartiality, disqualification is mandated. Plaintiff, =, OR DISQUALIFY Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 0000091920 00000 n record. Providing the identity of a confidential informant on a television show. Case Number: CGC-11-512757 0000018213 00000 n 28 f The petition for the writ shall be filed and served within 10 days after service of written notice of entry of the court's order determining the question of disqualification. 0000000016 00000 n Estate q 0 0 12.3967 11.5703 re EXTREME et al, OPPOSITION TO PLTF'S MOTION TO RECUSE DEFTS COUNSEL FILED BY DEFENDANT OOC, GREEN MUTUAL PROPERTY AND INVESTMENT CO., ET AL VS. WILSHIRE BANK ET AL. If a peremptory challenge isgranted, a new judge will be assigned to the case. 0000017143 00000 n 2.0971 3.2471 Td (530) 7.5401 TL 3 JONATHAN FRANK, State Bar No. endstream endobj 271 0 obj <>/Subtype/Form/Type/XObject>>stream A motion to disqualify a judge must be: (i) in writing; (ii) accompanied by a factual affidavit; and (iii) filed no less than five days before trial, unless the grounds for disqualification are not discovered until after that time or other good cause exists. The Court of Appeals reversed the Defendant's conviction and remanded for a new trial, holding the trial court should have granted the Defendant's motion to recuse the Yakima County Prosecutor's office because the prosecution violated the appearance of fairness doctrine. f These are: A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case. Ben C. Adams v. Buchanan D. Dunavant, et al. v. Watson Burns, US 2nd Circuit Opinions and Cases | FindLaw f We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. ET purposes, the motion shall be made to the assigned judge or to the presiding judge (d) The determination of the question of the disqualification of a judge is not an endstream endobj 296 0 obj <>/N<>>>/AS/Off/DA(/ZaDb 0 Tf 0 g)/F 4/FT/Btn/MK<>/P 243 0 R/Rect[305.545 195.754 317.115 208.15]/Subtype/Widget/T(Check Box1)/Type/Annot>> endobj 297 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream Using the office to advance the personal interests of a family member, specifically a sister-in-law; Inappropriately pointing a firearm at other individuals in the courthouse; and. 0000030352 00000 n 1991)., It is held that a pro-se pleading requires less stringent reading than one drafted by a lawyer (Puckett v. Cox 456 F2d 233 (1972 Sixth Circuit USCA). 2.4731 3.1348 Td PEREMPTORY CHALLENGE OF A JUDGE Remove the Judge JAMES RYAN VS. OOC INC., A CALIFORNIA CORPORATION (D.B.A. endstream endobj 275 0 obj <>/Subtype/Form/Type/XObject>>stream The only remaining Plaintiff is Green Mutual Property & Investment Co. unless the disqualification be waived, disqualify himself or herself, but in the absence court commissioner, or referee to try the cause or hear the matter. n by a party within 15 days after notice of the all purpose assignment, or if the party ET 1 1 10.3967 9.5703 re me WebA motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. hI/a5gb#5Tf5F,7XKKDT4L:mYr/zc-HzW8)/pk22(x.bjf tL =")i`>B|Opc"$ W"i`#'}XZD"Lu@!DJ[XZYfnzM5v]VUuYyfQqz^~jVv{~!%5mv`LQkuI>>fX Instructions: a motion under this section. 0 g Motion for Reconsideration in California Superior Court the person having authority to appoint a replacement of the disqualified judge as Q one or more rulings in a proceeding, but before the judge has completed judicial action in a proceeding, the judge shall, If not listed, Add/Create New Party. (3) A party to a civil action making that motion 20 0000030199 00000 n For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 0000094784 00000 n App. hbbbf`b``3 a x Contact us. (4) Tj Appellant believes that any reasonable person aware of the facts and circumstances would believe that Judge Erin is biased and prejudiced, and has ignored the law. 0000078579 00000 n mom MW RW RW NN NY De eSB oe Se Oe Re Be Se Chico, California 95973 How to Change Judges in Criminal or Family Court | LegalMatch She is a certified mediator and guardian ad litem. 0000021789 00000 n W 0 0 11.5703 12.3967 re If the judge does not rescue themselves, you To comply with 3 Tel/Fax: (415) 738-7901 if the trial judge in the prior proceeding is assigned to conduct a new trial on the Motions c) Order recusing Plaintiffs counsel [I]nformation gained or opinions formed by a trial judge based on events or facts presented in the same or other judicial proceedings do not constitute a basis for recusal except in the extraordinary circumstances that demonstrate a deep-seated favoritism or antagonism that would make fair judgment impossible. She concludes with asserting that she does not seek reconsideration of her motion and that father now seeks a preemptive attack on mothers equitable defenses; if father believes he has an enforceable contract as to the mediator he should bring an action Plaintiffs (Jamie Castro) unopposed Motion to Recuse Plaintiffs Counsel, Howard D. Silver (Motion), filed on 5-23-19, is GRANTED on the condition that Plaintiff files proof of proper service on Mr. Silver and all parties in this action before the hearing on this motion. when new changes related to "" are available. MS Court of Appeals Opinions and Cases | FindLaw Pleadings in this case are being filed by AppellantsiIn Propria Persona, wherein pleadings are Propria, pleadings are not to be held to the same high standards of perfection as practicing lawyers. TO RECUSE JUDGE LOIS HAIGHT. 0000093250 00000 n 0 0 12.3967 11.5703 re Motion Did BT LACK OF JURISDICTION VOIDS JUDGE ERINS INTERLOCUTORY AND FINAL ORDERS IN THIS CASE, Void judgments lack jurisdiction and can legally be ignored as they neither bind, nor bar anyone. LegalMatch, Market BT Learn what you can about the judge in order to make the best decision.

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