CA Rephrased 170.6(a)(1) Misconduct of Judge,NOT DUE PROCESS, not proper procedure,haven't had hearing; HOW do you recuse judge

To long to get into here.Need to know what needs to be filed for Recuse based on bias and prejudice and cannot get fair trial. Is it a Motion,declaration,& affidavit of Bias?Is an interstate jurisdiction custody issue.CA first filed,served,custody orders; second case filed after service,not home state,custody orders second.Have not had official hearing yet judge took off calendar.Had Temp Restraining which she would not here since would effect his job as police,and then also canceled hearing for custody.She had hearing 2 judges no lawyer or me notice or present before jurisdiction decided,and no hearing in violation of 3410.State & Federal law says CA, and in CA since 2010 so cannot transfer either.Have March hearing on file but she will cancel,will not get a fair trial,now pro Se.

Los Angeles, CA -

Attorney Answers (2)

Nicholas Basil Spirtos

Nicholas Basil Spirtos

Litigation Lawyer - Montclair, CA
Answered

There are strict time limits for a party to challenge a judge based on CCP 170.6. If you missed those time limits, or the judge has done anything of a material nature in the case,then you cannot use a 170.6 challenge.
You might be able to file a motion to disqualify the judge for some other reason, but you will have to show cause. Look at CCP 170.1 and the statutes following it to see if maybe one or more reasons stated there applies to your case.

Christine C McCall

Christine C McCall

Administrative Law Lawyer - Pasadena, CA
Answered

Don't even try to disqualify your judge unless you are darned sure your effort will be successful. That means you need a professional evaluation of your basis. Less than 1% of efforts to dq a judge (after the short window for peremptory challenge has closed) will be successful. Maybe less than .1%. It's that hard. There is nothing worse than being stuck in front of a judge that you tried and failed to remove.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more

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