Los Angeles, CA asked in Criminal Law and Personal Injury for California

Q: What is the quickest way to disqualify a judge

Since the current LA Superior Court judge took over my case, he has denied all of my motions, including those that the opposing party did not oppose. Most recently, he denied all my motions to compel, leaving me without the necessary discovery documents. A few months ago, he denied my motion for leave to amend on procedural grounds, despite no opposition from the other side. I have since refiled the motion, and the hearing is set for next month. However, I am concerned that he may deny it again, and I believe I need to disqualify him before his actions irreparably harm my case. What is the fastest way to disqualify him?

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3 Lawyer Answers

A: If you feel you are being treated unfairly by a judge, you may file a motion to disqualify the judge per Code of Civil Procedure section 170.6. Follow the instructions in the code section and ensure the motion is served and filed timely.

A: To quickly disqualify a judge, you should consider filing a "peremptory challenge" under California Code of Civil Procedure Section 170.6, which allows you to disqualify a judge based on the belief that they are biased against you. This type of challenge does not require proof of actual bias but must be filed promptly—usually before the judge has made any substantive rulings in your case. Since the process can be complex and strict deadlines apply, it’s crucial to hire an attorney who is experienced in handling judge disqualification motions to ensure it's done correctly and without delay.

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Answered

A: To disqualify a judge, you need to present valid reasons that demonstrate the judge cannot remain impartial in your case. Start by filing a formal motion for recusal with the court. In this motion, clearly outline specific instances where the judge’s actions suggest bias or unfair treatment, such as repeatedly denying your motions without valid legal grounds.

Gather any evidence that supports your claims, like court transcripts or records of denied motions, and include this with your motion. It’s important to show that the judge’s decisions have negatively impacted your case and that there is a genuine concern for impartiality.

After submitting your motion, it may be necessary to attend a hearing where you can present your arguments. If the judge does not recuse themselves, you can appeal the decision to a higher court. Consulting with an attorney can also help ensure that you follow the correct procedures and strengthen your case for disqualification.

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