Oakland, CA asked in Divorce for California

Q: I am in Alameda Co., with a court-appointed Special Master. How can I have him dismissed for bias and incompetence?

There is clear bias, he was appointed by the court at the recommendation of my ex-spouse's law firm. The negligence, incompetence, and blatant disregard for my family is outrageous. He is in theory working for my family yet acts at my ex's beck and call, he says jump and the Special Master jumps; he says I am not cooperating, and the Special Master writes an order stating that I am not cooperating. There is no discussion, no understanding, no mediation, it's as if he's in my ex's pocket, and that he's spent over $300k on legal fees against me, a stay-at-home mom, truly makes me believe that is exactly the case. My family has been destroyed by the assignment, I am very troubled and disillusioned, wondering how this sort of injustice can be supported through the judicial system.

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1 Lawyer Answer
Scott Charles MacCabe
Scott Charles MacCabe
  • San Juan Capistrano, CA
  • Licensed in California

A: First, any lawyer would need to review the originating order to verify the matter was handled correctly at the get go. Then, you could file a motion to disqualify the Special Master. There are nowhere near enough fact assertions in your question, nor enough background, to even start on that path. Finally, I sense your displeasure with the justice system's handling of your case. Yet, there might be several reasons why your desired outcome has not been achieved. Aiming towards a different result than what you have gotten so far, there might be steps you can take - short of filing a motion to remove the Special Master. Please consider the entire range of alternatives before taking any action - and retain a local lawyer.

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