Can I call a miss trial ,and ask for a new judge if I feel he is not being fair or if I feel hes predjadice

Asked 11 months ago - Sacramento, CA

I am currently going to trial on this easement road that leads to my land locked property that I purchased online at auction. My deed to my home came with a deed for the easement to my home. With this proof and a title report that also states that the easement does belong with the home. I also hired a professional surveyor to survey my property, his outcome on my property is that this easement is adedicated road and the only way into and out of my property, and that this easement has been there since 1952. 61 years. This easement runs through my neighbors property to my property, and my neighbor abandoned this easement 1 week befoe I moved into my home. my neibor can not abandon this easement without my consent, this jude is having a hard time deciding, its only common sence.

Attorney answers (3)

  1. Christine C McCall

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Do you really believe that this is how the legal system works? If the judge appears to disagree with one side, that side can call foul and demand a "do over" with a different judge? Have you thought that through on a system-wide basis? I see some inherent design flaws there.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  2. Michael Charles Doland

    Contributor Level 20

    3

    Lawyers agree

    Answered . No, the time to challenge the judge has long passed.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  3. Abraham P Mathew

    Contributor Level 13

    3

    Lawyers agree

    Answered . Both answers above by my colleagues are spot on. If you don't like the judge's ruling; you can appeal. That is the process.

    The information above is NOT LEGAL ADVICE and you should not rely on it. Providing information on Avvo does NOT... more

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